Notice of Lodging of Settlement Pursuant to the Clean Air Act

DEPARTMENT OF JUSTICE

Notice of Lodging of Settlement Pursuant to the Clean Air Act

In accordance with Department policy, 28 CFR 50.7, notice is hereby

given that on July 18, 1996, a proposed Consent Decree in United States

v. Georgia-Pacific Corporation, (N.D.GA.) (Civil No. 1 96-CV-1818-FMH),

was lodged with the U.S. District Court for the Northern District of

Georgia, Atlanta Division. The United States filed its compliant in

this action simultaneously with the consent decree, on behalf of the

Environmental Protection Agency (``EPA'') pursuant to Section 113(b) of

the Clean Air Act, 42 U.S.C. Sec. 7413(b). The complaint seeks

injunctive relief and civil penalties for violations of the Act and

regulations promulgated thereunder at eighteen wood processing

facilities located in Alabama, Arkansas, Florida, Georgia, Mississippi,

North Carolina, South Carolina, and Virginia.

The complaint alleged that Georgia-Pacific Corporation (``G-P'')

failed to obtain permits required by the Prevention of Significant

Deterioration (``PSD'') regulations prior to making major modifications

at these facilities. As a result, G-P's facilities are emitting

significant amounts of volatile organic compounds (``VOCs'').

Alternatively, the complaint alleges that even if the modifications at

G-P's facilities did not trigger PSD, G-P still had an obligation to

obtain construction permits for the modifications. Finally, the

complaint alleges that G-P violated provisions of state implementation

plans by failing to report VOC emissions on various permit

applications.

Under the terms of the settlement, G-P will apply for PSD or

federally enforceable state minor source permits for modifications at

the 18 facilities, install state-of-the-art pollution control equipment

at 11 of those plants, and agree to strict production limits at 2

additional plants. The consent decree requires a 90% reduction of VOC

emissions from G-P's plywood and OSB dryers. In addition, for the

remaining plants where G-P made modifications to its plywood presses,

the consent decree obligates G-P to seek determinations from the state

in which the facility is located of Best Available Control Technology

for control of emissions resulting from the plywood presses.

The Consent Decree also requires G-P to conduct comprehensive Clean

Air Act audits of all 26 of its wood product facilities nationwide and

to monitor compliance with emission limits on a daily basis. In

addition, G-P will pay a civil penalty of $6 million and perform

Supplemental Environmental Projects that will cost $4.25 million.

The Consent Decree provides that G-P's satisfaction of all of the

requirements of the Decree will constitute full settlement of, and will

resolve all civil and administrative liability of G-P to the United

States for, PSD and minor source permitting violations covering all

criteria pollutants for the modifications listed in Schedule C to the

Consent Decree, and for any other violations alleged in the

Environmental Protection Agency's August 5, 1994 and May 18, 1995

Notices of Violation, or in the United States' Complaint.

The Department of Justice will receive for a period of thirty (30)

days from the date of this publication comments

[[Page 42267]]

concerning the proposed Consent Decree. Comments should be addressed to

the Assistant Attorney General of the Environment and Natural Resources

Division, U.S. Department of Justice, Washington, D.C. 20530, and

should refer to United States v. Georgia-Pacific Corporation, D.J. ref.

90-5-2-1-1851.

The proposed Consent Decree may be examined at the Office of the

United States Attorney for the Northern District of Georgia, Atlanta

Division, 1800 U.S. Courthouse, 75 Spring St., S.W., Atlanta, Georgia

30335 and at the Consent Decree Library, 1120 G Street, N.W., 4th

Floor, Washington, D.C. 20005. A copy of the proposed Decree may be

obtained in person or by mail from the Consent Decree Library, 1120 G

Street, N.W., Washington, D.C. 20005. In requesting a copy, please

enclose a check in the amount of $28.00 ($0.25 per page for

reproduction costs) payable to: Consent Decree Library.

Joel Gross,

Chief, Environmental Enforcement Section, Environment and Natural

Resources Division.

[FR Doc. 96-20686 Filed 8-13-96; 8:45 am]

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