US EPA finalizes consent agreement, final order with Evergreen Packaging in Texas for alleged Clean Air Act violations; company to pay US$256,973 civil penalty, will implement US$2.1M environmental projects for its wastewater treatment system

Sample article from our Government & Public Policy

DALLAS , October 18, 2023 (press release) –

Contact Information

Joe Robledo and Jennah Durant (R6press@epa.gov)

214-665-2200

On September 27, 2023, the U.S. Environmental Protection Agency (EPA) finalized a consent agreement and final order (CAFO) with Evergreen Packaging LLC (“Evergreen”) for alleged Clean Air Act (CAA) violations. The CAFO alleges that Evergreen failed to control hazardous air pollutants (HAPs) at their facility, did not meet fuel specifications for boilers, and failed to close washer windows/hoods during operation. Evergreen Packaging LLC must pay a civil penalty of $256,973.

“This settlement demonstrates EPA holding companies accountable for failing to meet crucial Clean Air Act standards,” said Regional Administrator Dr. Earthea Nance. “Hazardous air pollutants not only pose a threat to the environment, but they also affect nearby communities as well. With the corrective actions of the settlement and the supplemental environmental project, Pine Bluff residents will have cleaner air quality in their area.”

Pursuant to the settlement and to maintain compliance with the CAA, Evergreen must perform several corrective actions at its facility. Evergreen must maintain a digester capping valve repair and replace program, hire an independent inspector to conduct an inspection of the bleach plant and all pieces of bleaching equipment, prepare and submit a report to EPA identifying each instance that a hood opening or enclosure is found to be open, and must submit a Notification of Compliance status update.

Additionally, Evergreen has agreed to implement a $2,100,000 supplemental environment project (SEP) to reduce the HAPs found in the wastewater treatment system. Evergreen will install 10 new mechanical aerators into the wastewater treatment system and relocate the outfall location. By adding the aerators and relocating the outfall location, Evergreen will see a more accurate and reliable flow monitoring, decrease in total suspended solids at the outfall, and the wastewater flow will be more stabilized. The SEP is expected to be completed within a thirty-month time frame.

Evergreen Packaging LLC will have 30 days to pay the civil penalty to the United States, the proposed CAFO can be viewed on EPA’s public website.

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Dan Rivard
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