UNITED STATES ENVIRONMENTAL PROTECTION AGENCY 


REGION IX 


75 Hawthorne Street 


San Francisco, CA 94105·3901 


CERTIFIED MAIL NO. 7007 149000022531 3297 

RETURN RECEIPT REQUESTED 

NOV 7 2008 

Ms. Kimberly A. Hughes 

Weyerhaeuser Company Legal Department (CHIJ28) 

PO Box 9777 

Federal Way 

Washington D.C. 98063-9777 

RE: In the Matter of: Weyerhaeuser, Compton, California Facility 

Dear Ms. Hughes: 

Enclosed is your copy of the Consent Agreement and Final Order pursuant to 40 C.F.R. 

§§22.13 and 22.18 ("CAFO") filed for the above referenced matter. Under the terms of the 

enclosed CAFO, Weyerhaeuser must pay a civil penalty of $19,343 to resolve the violation 

alleged in the CAFO within 30 days of the filing date. If you have any questions regarding the 

CAFO, please feel free to contact Daniel Reich at (415) 972-3911. 

Sincerely, 

D~ Director, Air Division 

Enclosure 

cc: 	 Dr. Barry R. Wallerstein, SCAQMD (w/o encl.) 

James Ryden, ARB (w/o encl.) 

Printed on Recycled Paper 
NANCY J. MARVEL 

Regional Counsel ~, '.J 

KARINA N. LALLANDE , ~.-. - . _I):" 

Law Clerk f:: Gi JLI.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 Condi tion No. 3 of Air Permit No. 

F52359 at the Respondent's facility located at 19615 S. Susana 

Road, Compton, California 90221. In letters dated May 20, 2008 and 

July 10, 2008, Respondent provided additional information as 
Weyerhaeuser Company 2 

Docket No. CAA-09-2008­

requested by EPA. 

II. JURISDICTION/WAIVER OF RIGBT TO BEARING 

3. This Consent Agreement is entered into pursuant 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 

simultaneously commenced and concluded by 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 attached Final 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 comply with 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 11,2000 
Weyerhaeuser 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 by 
Weyerhaeuser 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 Protection Agency, Region IX 

75 Hawthorne Street 

San Francisco, CA 94105 

Cyntia Steiner 


Air Enforcement Office (Air-5) 


u.S. Environmental Protection Agency, 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 deadline 
Weyerhaeuser 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. Nonpayment 
Weyerhaeuser 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 conditions 
Weyerhaeuser 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 9 
UNITED 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. 

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

STEVEN L. JAWGIEL 

Regional Judicial 

U.S. Environmental Protection Agency, Region IX 

-----------------~~--- .._... ­
CERTIFICATE OF SERVICE 


I certify that the original of the foregoing Consent Agreement and Final Order was hand 

delivered to the Regional Hearing Clerk, United States Environmental Protection Agency ­

Region 9, 75 Hawthorne Street, San Francisco, California 94105, and that a true and correct 

copy of the Consent Agreement and Final Order was placed in the United States Mail, certified 

mail, return receipt requested, addressed as follows: 

Ms. Kimberly A. Hughes, 

Senior Legal Counsel 

Weyerhaeuser Company 

PO Box 9777, Federal Way, Washington 98063-9777 

·· '\ r,~j - Q /I .

Cd itIud!.-<.L- .~ ~ ~\ Damelle Carr 

Regional Hearing Clerk 

Office of Regional Counsel (ORC-I) 

US Environmental Protection Agency 

75 Hawthorne Street 

San Francisco, CA 94105