THIS CASE BEGAN WHEN JELD-WEN APPROACHED EPA BECAUSE IT WOULD BE UNABLE TO COMPLY WITH THE PLYWOOD COMPOSITE MACT. EPA HAD ESTABLISHED A LOW RISK CATEGORY FOR CERTAIN PLYWOOD COMPOSITE MANUFACTURERS. DUE TO A CHALLENGE BY THE SIERRA CLUB, THE D.C. CIRCUIT COURT OVERRULED THIS CATEGORY. JELD-WEN WOULD HAVE BEEN ABLE TO MEET THIS CATEGORY. THEREFORE, IT HAD A SHORT TIME WITH WHICH TO COME INTO COMPLIANCE WITH THIS MACT. EPA WILL ENTER INTO A CD WITH JELD-WENT AND WILL ESTABLISH A SCHEDULE IN WHICH THEY MUST COMPLY WITH THE MACT. (REGIONS 10, 3, 7, AND 4. CASE WILL MOST LIKELY BE FILED IN OREGON. REGION 10 IS THE LEAD.)
These violations occurred at four manufacturing facilities located in West Virginia, North Carolina, Iowa, and Washington. The proposed complaint also alleges violations of the New Source Review requirements at one facility in White Swan, Washington. The proposed settlement resolves all of these claims by allowing JELD-WEN to propose innovative compliance techniques to achieve compliance with Subpart DDDD through pollution prevention rather than the installation of control technologies. In addition, it requires JELD-WEN to obtain emission reductions to offset their illegal emissions. Finally, it requires JELD-WEN to obtain a new source review permit and pay a total civil penalty of $850,000. Of this sum, the United States will receive $531,250 and each state that jointed the Consent Decree (Iowa, North Carolina, and West Virginia) will receive $106,250.