Willamette Industries' Dirty Air Triggers a Federal Prosecution

After 20 years of violating the Clean Air Act, the EPA is bringing Willamette Industries to justice. It's a story of how, for an entire industry, breaking the nation's air quality laws was standard operating procedure.

by Paul Koberstein and John Paul Williams

EPA seeks $10 million in fines against Willamette Industries

The nuts and bolts of the EPA's case against Willamette Industries

"Toxic Snow" falls on Arkansas town

Did the Oregon DEQ look the other way?

Willamette Industries will spend more than $90 million to settle the EPA's lawsuit

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©2000 Cascadia Times

The Nuts and Bolts:
EPA's Case Against Willamette Industries

Part 2

The purpose of the Clean Air Act is to protect our health from dangerous air pollution. The Act requires the nation's largest polluters to:

-- Obtain permits for major modifications to their plants.
-- Make sure the modifications do not cause a community's clean air to become unhealthy.
-- Use the best available technologies to cut pollution.
-- Provide accurate information about their pollution to the public.

The EPA alleges that Willamette Industries failed to comply with these four basic requirements repeatedly over the last two decades at 15 of its plants in Oregon, Arkansas, South Carolina, and Louisiana. All but one of these plants began violating the Clean Air Act in the 1980s, and, other than two plants that have been closed, all continued to violate the law until at least December 1998.

Key
CO = Carbon monoxide
NOx = Nitrogen oxides
PM = Particulate matter
VOCs = Volatile organic compounds

OREGON
Foster Plywood plant and sawmill
Modified: 1997 and 1998, each with net significant increases in projected VOC emissions
Potential New Emissions: More than 100 tons/year CO; 40 NOx, 40 VOCs, 25 PM.
EPA allegations: Failed to properly identify VOCs; failed to comply with state permitting requirements.In violation of the Clean Air Act since 1997.

Sweet Home Plywood & lumber plant
Modified: 1986, with net significant increase in VOC and PM emissions; closed in 1994
Potential New Emissions: More than 40 tons/year NOx, 40 VOCs, 25 PM.
EPA allegations: Failed to properly identify VOCs; failed to comply with state permitting requirements. In violation of the Clean Air Act after 1986.

Springfield Plywood plant
Located in an area with unhealthy levels of airborne PM, CO and total suspended particulates.
Modified: 1985-86, 1988, 1995, each with net significant increases in CO, VOC and PM
Potential New Emissions: More than 25 tons/year of PM.
EPA's allegations: Failed to comply with permitting requirements in 1985-86 and 1988. In violation of the Clean Air Act since 1986.

Albany Duraflake particle board plant
Modified:1983-84, with net significant increases in NOx emissions; 1991 and 1995, with net significant increases in VOC emissions
Potential New Emissions: Over 40 tons/year NOx, 40 VOC
EPA's allegations: Failed to comply with state permitting requirements in 1984-85 and 1995; failed to properly identify NOx and VOC emissions. In violation of the Clean Air Act at least since 1984.

Bend KorPine particle board plant
Modified: 1984, with net significant increase in NOx, VOC and PM emissions; and 1997 and 1998, with net significant increases in VOC emissions
Potential New Emissions: Over 100 tons/year CO, 40 NOx, 40 Voc and 25 PM since 1982
EPA allegations: Repeated failures to properly identify NOx, VOC and PM emissions. Several violations of permitting requirements. In violation of the Clean Air Act since 1984.

Eugene Particleboard plant
Located in an area with unhealthy levels of airborne PM, CO and total suspended particulates.
Modified: 1985 and 1989
Potential New Emissions: Over 100 tons /year CO, 40 NOx, 40 VOC and 25 PM
EPA allegations: Repeated failures to properly identify CO, NOx and VOC emissions. Several repeated violations of permitting requirements. In violation of the Clean Air Act at least since 1989.

ARKANSAS
Malvern Medium density fiberboard
plant
Modified: in 1987-88, 1989, 1991, 1994, 1997
Potential New Emissions: Over 250 tons/year CO, NOx, PM and VOCs.
EPA allegations: Failure to fully and accurately identify VOC, CO, PM and NOx emissions, meet permitted emission limits and obtain appropriate permits. In violation of the Clean Air Act since 1983.

Emerson Plywood plant & lumber mill
Modified: 1987-88; 1992-93 and 1997
Potential New Emissions: More than 250 tons/year VOCs since 1980
EPA allegations: On numerous occasions since 1980 failed to properly identify VOC and PM emissions, meet permitted emission limits and obtain appropriate permits for each modification. In violation of the Clean Air Act since 1987.

SOUTH CAROLINA
Chester Plywood mill
Modified: 1988-91, 1992 and 1996
Potential New Emissions: Over 250 tons/year VOCs and PM
EPA allegations: Failure to obtain a permit for each modification. Failure to accurately and fully identify emissions. In violation of the Clean Air Act since 1989

LOUISIANA
Dodson Plywood plant and sawmill
Modified: 1980-1983, 1986-87; 1989-91; 1993; 1995; 1998
Potential New Emissions: Over 250 tons/year CO and VOCs
EPA allegations: Failure to fully and accurately identify VOCs, CO and PM emissions; meet permitted emission limits; obtain appropriate permits; and estimate the extent to which emissions from proposed facilities would affect air quality. In violation of the Clean Air Act "on numerous occasions" since 1980.

Lillie Particle board plant
Modified: 1985, 1986, 1987, 1988, 1989, 1991, 1993
Potential New Emissions: More than 250 tons/year VOCs.
EPA allegations: Failed on numerous occasions since 1984 to properly identify VOC, CO and PM emissions, meet permitted emission limits and obtain appropriate permits for each modification. In violation of the Clean Air Act at least since 1985.

Ruston Plywood plant
Modified: 1988, 1992, 1994, 1998
Potential New Emissions: Over 250 tons/year CO and PM
EPA allegations: Exceeded particulate matter limits; failed to fully and accurately identify VOC, CO and PM emissions. In violation of the Clean Air Act on numerous occasions since 1988.

Simsboro Surepine particle board
plant
Modified: 1983 and 1987
Potential New Emissions: Over 250 tons/year VOCs and PM
EPA allegations: Failed on numerous occasions since 1981 to properly identify VOC, PM, CO, and NOx, and failed to obtain a permit for each modification. In violation of the Clean Air Act since at least 1983.

Taylor Plywood plant
Modified: 1982, 1985, 1986-92, (closed 1997)
Potential New Emissions: More than 250 tons/yr CO
EPA allegations: Failed on numerous occasions after 1980 to properly identify VOC, PM and CO, meet permitted limits and obtain appropriate permits. In violation of the Clean Air Act from 1980 to 1997.

Zwolle Plywood, lumber and treated
wood plant
Modified: 1989-90, 1992-93, 1995, 1996
Potential New Emissions: Over 250 tons/yr of PM and VOCs.
EPA allegations: Failed to properly identify VOC and PM emissions, meet permitted limits and obtain appropriate permits. In violation of the Clean Air Act on numerous occasions since 1980.