UNITEDSTATES ENVIRONMENTALPROTECTION AGENCY REGION IX 75 HawthorneStreet San Francisco,CA94105·3901



### CERTIFIEDMAILNO.7007 1490000225313297 RETURNRECEIPTREQUESTED 

## NOV 72008

Ms.KimberlyA.

### Hughes WeyerhaeuserCompanyLegalDepartment(CHIJ28) POBox9777 FederalWay WashingtonD.C.98063-9777 RE: IntheMatterof:Weyerhaeuser,Compton,CaliforniaFacility DearMs.Hughes: EnclosedisyourcopyoftheConsentAgreementandFinalOrderpursuantto40C.F.R. §§22.13and22.18("CAFO")filedfortheabovereferencedmatter. Underthetermsofthe enclosedCAFO,Weyerhaeusermustpayacivilpenaltyof$19,343toresolvetheviolation allegedintheCAFOwithin30daysofthefilingdate. Ifyouhaveanyquestionsregardingthe CAFO,pleasefeelfreetocontactDanielReichat(415)972-3911. Sincerely,

# D~ Director,AirDivision Enclosure

cc: Dr.BarryR.Wallerstein, SCAQMD(w/oencl.) JamesRyden,ARB(w/oencl.)

PrintedonRecycledPaper

### NANCY J. MARVEL Regional Counsel**~,** '.J 

### KARINA N. LALLANDE

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### Law Clerk f::GiJLI.L**~i=-)~i\: ;~G** **'CL[f~ji** 

### u. S. Environmental Protection Agency Region IX 75 Hawthorne Street San Francisco, CA 94105 (415)972-3266

UNITED STATES ENVIRONMENTAL PROTECTION AGENCY REGION IX 75 Hawthorne Street San Francisco, CA 94105 IN THE MATTER OF: 

### Weyerhaeuser Company Docket No. CAA-09-2008-00

## 0 3 CONSENT AGREEMENT AND FINAL ORDER 

### Respondent. PURSUANT TO 40 C.F.R. § 22.13(b)

CONSENT AGREEMENT I. PRELIMINARY STATEMENT 

### 1. Complainant, the u.S. Environmental Protection Agency, Region 9 ("EPA") and Weyerhaeuser Company ("Weyerhaeuser" or "Respondent") enter into this Consent Agreement to settle all matters pertaining to this case, as described below. 2. In a letter dated October 24, 2007, Respondent disclosed to EPA potential violations of South Coast Air Quality Management District ("SCAQMD") Rule 1146 and Condition No. 3 of Air Permit No. F52359 at the Respondent's facility located at 19615 S. Susana Road, Compton, California 90221. In letters datedMay 20, 2008 and July 10, 2008, Respondent provided additional information asWeyerhaeuser Company 2 Docket 

### No. CAA-09-2008­ requested by EPA. II. JURISDICTION/WAIVER OF RIGBT TO BEARING 3. This Consent Agreement is entered intopursuant to Section 113(d) (1) of CAA and the "Consolidated Rules of Practice Governing the Administrative Assessment of Civil Penalties, Issuance of Compliance or Corrective Action Orders, and the Revocation, Termination or Suspension of Permits," 40 C.F.R. Part 22 (64 Fed. Reg. 40138, July 23, 1999) ("the Consolidated Rules")

. 4. Section 22.13(b) of the Consolidated Rules provides that where the parties agree to settlement of one or more causes of action before the filing of a complaint, a proceeding may be simultaneouslycommenced and concludedby the issuance of a consent agreement and final order. Respondent stipulates that EPA has jurisdiction over this matter. Respondent agrees not to contest EPA's jurisdiction with respect to execution of this Consent Agreement, issuance of the attachedFinal Order, or the enforcement thereof. 40 C.F.R. § 22.18. 5. Respondent hereby waives its right to request a judicial

or administrative hearing on any issue of law or fact set forth in this Consent Agreement and its right to appeal the proposed Final Order accompanying this Consent Agreement. 6. Respondent admits the facts stipulated to in this Consent Agreement. 40 C.F.R. § 22.18(b).

### Weyerhaeuser Company 3 

### Docket No. CAA-09-2008­ III. PARTIES BOUND 

### 7. This Consent Agreement and the attached Final Order apply to and are binding upon the parties hereto, their officers, agents, successors, and assigns. Any change In ownership or corporate status of Respondent including, but not limited to, any transfer of assets or real or personal property shall not alter Respondent's responsibilities under this Consent Agreement. IV. STIPULATED FACTS 

### 8. Respondent is headquartered in California and is authorized to conduct business in California. 9. Respondent provided a letter to EPA that voluntarily disclosed an instance of failure to complywith CAA at Respondent's facility. 10. Respondent violated SCAQMD Rule 1146(d) requiring the

owner or operator of a boiler to conduct annual testing to determine compliance with emission requirements. The compliance test was not conducted for the Cleaver-Brooks Boiler at Weyerhaeuser's Compton, California facility. 11. Based on the information provided by Respondent, EPA has determined that for the violations set forth in Paragraph 10 above, Respondent has met each of the conditions, aside from systematic discovery, set forth in the "Final Policy Statement on Incentives for Self-Policing:Discovery, Disclosure, Correction, and Prevention of Violations," 65 Fed. Reg. 19618, April 11,2000Weyerhaeuser Company 4 Docket No. CAA-09-2008­ ("Audit Policy").

a. The violation disclosed by Respondent was not discovered through a voluntary internal self-audit conducted at its Facility as part of its environmental compliance review and audit program. b. The violation disclosed by Respondent was identified voluntarily, not through a monitoring, sampling or auditing procedure required by statute, regulation, permit, or judicial or administrative order or consent agreement.

c. The violation was promptly disclosed within the twenty-one day time period from the date it was discovered. d. The violation at Respondent's facility was identified and disclosed prior to the commencement of a federal, state, or local agency inspection, investigation, or information request, notice of a citizen suit, legal complaint by a third party, or imminent discovery by a regulatory agency.
e. Respondent has identified the steps the facility has taken to promptly correct the violation and to prevent a
recurrence of the violation. f. The violation disclosed by Respondent or closely related 

### violations have not occurred previously within the past three years at the same facility and are not part of a pattern of violations on the part of Respondent over the past five years. g. The violation disclosed by Respondent has not

### Weyerhaeuser Company 5 

### Docket No. CAA-09-2008­ resulted in serious actual harm to'human health or the environment, nor has the violation presented an imminent and substantial endangerment to public health or the environment. The violation did not result in any excess emissions beyond what is permitted by federal regulation. The violation at issue does not violate the specific terms of any judicial or administrative order or consent agreement. h. Respondent has cooperated with EPA and provided the information necessary for the Agency to determine the applicability of the Audit Policy to its disclosure. 12. The economic benefit of non-compliance received by Respondent for violations it disclosed was insignificant.


### v. CONCLUSIONS OF LAW 

### 13. Respondent is a "person" subject to the requirements of Section 113(d) (1) of CAA. 14. Based on the information provided by Respondent in its letters dated October 24, 2007, May 10, 2008, and July 10, 2008, and information developed by EPA, EPA makes the following determination concerning the potential violation identified to EPA by Respondent. 15. Respondent violated SCAQMD Rule 1146(d) requiring the

owner or operator of a boiler to conduct annual testing to determine compliance with emission requirements. The 2006 compliance test was not conducted for the Cleaver-Brooks Boiler

### Weyerhaeuser Company 6 

### Docket No. CAA-09-2008­ at Weyerhaeuser's Compton, California facility. VI. PENALTIES 

### 16. Based on the information provided by Respondent in letters dated October 24, 2007, May 10, 2008, and July 10, 2008, EPA has determined that Respondent has met all of the conditions of the Audit Policy, except for systematic discovery, and qualifies for a 75 percent reduction in the. gravity-based component of the civil penalty for the self disclosure identified in Paragraph 10 above. EPA will assess a 75 percent mitigated gravity-based civil penalty from the proposed penalty against Respondent concerning this violation. 17. EPA has determined that insignificant economic benefit of noncompliance has accrued to Respondent as a result of the violation identified in Paragraph 10 above. Therefore, EPA will

assess no penalty for the economic benefit of noncompliance with SCAQMD Rule 1146(d). 18. Respondent agrees to the assessment of a penalty in the amount of NINETEEN THOUSAND, THREE HUNDRED AND FORTY-THREE DOLLARS ($19,343) as final settlement of the civil claims against Respondent arising under SCAQMD Rule 1146(d). 19. Respondent shall pay the assessed penalty no later than thirty (30) days from the effective date of this CAFO. Payment shall be made by cashier's or certified check payable to the "Treasurer, United States of America," and shall be sent byWeyerhaeuser Company 7 Docket No. CAA-09-2008­ certified mail, return receipt requested, to the following address: US Environmental Protection Agency Fines and Penalties Cincinnati Finance Center P.O. Box 979078 St. Louis, MO 63197-9000 The payment shall be accompanied by a transmittal letter identifying the case name, the case docket number, and this CAFO. Concurrent with delivery of the payment of the penalty, Respondent shall send a copy of the check and transmittal letter to the following addresses: Regional Hearing Clerk Office of Regional Counsel (ORC-1) u.S. Environmental ProtectionAgency, Region IX 75 Hawthorne Street San Francisco, CA 94105 Cyntia Steiner Air Enforcement Office (Air-5) u.S. Environmental ProtectionAgency, Region IX 75 Hawthorne Street San Francisco, CA 94105 Daniel Reich Office of Regional Counsel (ORC-2) U.S. Environmental Protection Agency, Region 9 75 Hawthorne Street San Francisco, California 94105 20. Payment of the above civil administrative penalty shall not be used by Respondent or any other person as a tax deduction from Respondent's federal, state, or local taxes. 21. If Respondent fails to pay the assessed civil administrative penalty specified in Paragraph 18 by the deadlineWeyerhaeuser Company 8 Docket No. CAA-09-2008­ specified in Paragraph 19, then Respondent shall pay to EPA the stipulated penalty of SEVENTY-SEVEN THOUSAND, THREE HUNDRED AND SEVENTY DOLLARS ($77,370) rather than the assessed penalty, which shall become due and payable upon EPA's written request. Such failure by Respondent may also subject Respondent to a civil action to collect any unpaid portion of the assessed penalty, together with**intere~t,** handling charges, and nonpayment penalties as set forth in Paragraph 22 below. In any such collection action, the validity, amount, and appropriateness of this CAFO or the penalty assessed hereunder are not subject to review. 22. Pursuant to 42 U.S.C. § 7413(d) (5) and 31 U.S.C. § 3731, Respondent shall pay the following amounts:

a. Interest: Any unpaid portion of the assessed penalty shall bear interest at the rate established pursuant to 26 U.S.C. § 6621(a) (2) from the effective date of this CAPO, provided, however, that no interest shall be payable on any portion of the assessed penalty that is paid within thirty (30) days of the effective date of this CAFO. b. Handling Charge: Pursuant to 31 

## u.s.c. § 3717(e) (1), a monthly handling charge of $15 shall be paid for any month in which any portion of the assessed penalties is more than 30 days past due.

c. Attorney Fees. Collection Costs. NonpaymentWeyerhaeuser Company 9 Docket No. CAA-09-2008­ Penalty: Pursuant to 42 U.S.C. § 7413(d) (5), if Respondent fails to pay on a timely basis the full amount of the assessed penalty, interest, and handling charges, it shall be liable for the united States' enforcement and collection expenses, including, but not limited to, attorney fees and costs incurred by the United States for collection proceedings, and a quarterly nonpayment penalty for each quarter during which such failure to pay persists. Such nonpayment penalty shall be ten percent (10%) of the aggregate amount of Respondent's outstanding or overdue penalties and nonpayment penalties accrued from the beginning of such quarter. VII. CERTIFICATION 23. By signing this Consent Agreement, Respondent certifies that it is currently in compliance with SCAQMD Rule 1146(d). Respondent agrees to undertake all necessary actions to continue the internal procedures to prevent recurrences of violations of such environmental requirements. 24. By signing this Consent Agreement, Respondent certifies that the information it has supplied concerning this matter was at the time of submission, and is, truthful, accurate, and complete for each such submission, response and statement. Respondent realizes that there are significant penalties for submitting false or misleading information, including criminal penalties for knowing submission of such information, 18 U.S.C. § 1001.Weyerhaeuser Company 10 Docket No. CAA-09-2008­ 25. EPA reserves the right to revoke this Consent Agreement and accompanying settlement penalty if and to the extent that any information or certification provided by Respondent, upon which any civil penalty mitigation granted herein for such violation

was based, was materially false or inaccurate at the time such information or certification was provided to EPA, and EPA

reserves the right to assess and collect any and all civil penalties for any violation described herein. Such revocation shall be 

### in writing and shall become effective upon receipt by Respondent. 26. This Consent Agreement and the accompanying Final Order resolve only those civil claims specified in paragraph 10 above. Nothing herein shall be construed to limit the authority of EPA and/or the United States to undertake action against any person, including the Respondent, in response to any condition which EPA

or the United States determines may present an imminent and substantial endangerment to the public health, welfare or the environment, enforcement actions for CAA violations not addressed by this CAFO, nor shall anything in this consent Agreement or the accompanying Final Order be construed to resolve, and the United States reserves its authority to pursue, criminal sanctions against Respondent. Further, this CAFO does not limit enforcement actions under laws administered by state or local authorities.Weyerhaeuser Company 11 Docket No. CAA-09-2008­ VIII. EFFBCT OF SBTTLEMENT 27. This Consent Agreement, upon incorporation into a Final Order by the EPA Region 9 Judicial Officer and full satisfaction by the parties, shall be a complete and full civil settlement of the specific violation set forth in section 

### v, above. 28. The provisions of this Consent Agreement and Final Order shall be binding upon Respondent, its agents, successors or assigns. 29. Respondent's obligations under this Consent Agreement, if any, shall end when Respondent has performed all of the terms of the Consent Agreement in accordance with the Final Order. 30. Each party to this Consent Agreement shall bear its own costs for this matter, including any costs and attorneys fees associated with any past, present, or future proceedings. IX. BFFBCTIVE DATB 31. Respondent and EPA agree to issuance of the attached Final Order. Upon filing, EPA will transmit a copy of the filed Consent Agreement to the Respondent. This Consent Agreement and the attached Final Order shall become effective upon execution of the Final Order by the EPA Region 9 Judicial Officer and filing with the Hearing Clerk. 32. The undersigned representative of complainant and the undersigned representative of Respondent each certifies that he

or she is fully authorized to enter into the terms and conditionsWeyerhaeuser Company 12 Docket No. CAA-09-2008­ of this CAFO and to bind the party he or she represents to this CAFO.33. This document constitutes an "enforcement response" as that term is used in EPA's Penalty Policy for the purposes of determining Respondent's "full compliance history" as provided in Section 113(e) of the Act, 42 U.S.C. § 7413(e). The foregoing Consent Agreement is Hereby Stipulated, Agreed, and Approved for Entry:

For Respondent:

Date Weyerhaeuser Company

For Complainant:

Deborah Jordan Date Director, Air Division EPA Region 9UNITED STATES ENVIRONMENTAL PROTECTION AGENCY REGION IX 75 Hawthorne Street San Francisco, CA 94105

IN THE HATTER OF: Weyerhaeuser Company Docket No. CAA-09-200S-**O~**

## 0 3 Respondent.

FINAL ORDER Pursuant to 40 C.F.R. §22.1S(b) of EPA's Consolidated Rules of Practice, 64 Fed. Reg. 40138 (July 23, 1999), and Section 113(d) (1) of the Clean Air Act (CAA); the Consent Agreement resolving this matter is hereby approved and incorporated by reference into this Final Order. It is hereby ordered that: This CAFO (Docket No. CAA-09-200S-COO3 ) be entered, and that Respondent shall pay a civil administrative penalty in the amount of NINETEEN THOUSAND, THREE HUNDRED AND FORTY-THREE DOLLARS ($19,343) and comply with the terms and conditions set forth in the Consent Agreement.



# .**r:::l~"** So Ordered,**th~s** T day of

STEVEN L. JAWGIEL Regional Judicial U.S. Environmental Protection Agency, Region IX**-----------------~~---** .._ ...­

### CERTIFICATEOFSERVICE IcertifythattheoriginaloftheforegoingConsentAgreementandFinalOrderwashand deliveredtotheRegionalHearingClerk,UnitedStatesEnvironmentalProtectionAgency

­ Region9,75HawthorneStreet,SanFrancisco,California 94105,andthatatrueandcorrect copyoftheConsentAgreementandFinalOrderwasplacedintheUnitedStatesMail,certified mail,returnreceiptrequested,addressedasfollows: Ms.KimberlyA.

### Hughes, SeniorLegalCounsel WeyerhaeuserCompany POBox9777,FederalWay,Washington98063-9777



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### .~**~ ~\**  DamelleCarr RegionalHearingClerk OfficeofRegionalCounsel(ORC-I) USEnvironmentalProtectionAgency 75HawthorneStreet SanFrancisco,CA94105