Domtar A.W. LLC Agrees to Settlement to Reduce Emissions in Arkansas

Today, the Justice Department, on behalf of the Environmental Protection Agency (EPA), and the Arkansas Department of Energy & Environment, Division of Environmental Quality (ADEQ) lodged a proposed settlement with Domtar A.W. LLC resolving alleged Clean Air Act and Arkansas Water and Air Pollution Control Act violations involving the company's kraft pulp and paper facility in Ashdown, Arkansas.

Under the proposed consent decree, Domtar will pay a $1.5 million civil penalty, divided between the United States and the state of Arkansas. In addition, the company will implement projects to address excess emissions from its operations and correct its inadequate inspection and monitoring practices. The projects include installing the proper pollution controls on Domtar's brown stock washer, updating leak detection and repair procedures to ensure compliance with the regulations, increasing the frequency of monitoring for leaks, and conducting performance testing on the boilers. The estimated cost to complete the required injunctive relief and bring operations into compliance is at least $2.6 million.

"Today's settlement demonstrates the Justice Department's commitment to protecting public health and the environment," said Principal Deputy Assistant Attorney General Adam Gustafson of the Justice Department's Energy and Natural Resources Division (ENRD). "Domtar is moving in the right direction to resolve its Clean Air Act violations by committing to properly control pollution and monitor for leaks and substandard facility performance."

"This settlement ensures that Domtar will take the necessary precautions to maintain and control its facility's pollution controls among other corrective actions," said Administrator Scott Mason of EPA Region 6. "I would like to thank the DOJ and ADEQ for their coordination on this matter and we appreciate Domtar's cooperation in adhering to environmental laws."

This settlement resolves Domtar's failure to follow federal and state requirements to capture and control air emissions from its brown stock washer. A brown stock washer is used in the pulp and paper industry to separate and wash the waste liquid from pulp fibers. The complaint filed in the case alleges that Domtar did not install the appropriate pollution controls (required under the Clean Air Act's New Source Performance Standards and the National Emissions Standards for Hazardous Air Pollutants) on its brown stock washer. Without the proper controls, the brown stock washer can leak hydrogen sulfide into the air. Hydrogen sulfide has a strong rotten egg smell and is harmful to human health.

The complaint also alleges that Domtar did not follow mandatory inspection and monitoring requirements. The complaint alleges that, in one instance, Domtar failed to inspect for 53 days and failed to detect a leaking valve emitting uncontrolled and illegal amounts of pollutants. Domtar also did not conduct adequate performance testing for two of its boilers. Without proper monitoring and performance testing, the extent of the excess hazardous air pollutants (HAPs) that Domtar emitted into the air is unknown. The HAPs include volatile organic compounds (VOCs), methanol, carbon monoxide, and chlorinated compounds, including chlorine dioxide and hydrochloric acid.

Under the settlement, Domtar is taking the necessary steps to ensure that its systems control pollutants from the brown stock washer. The settlement also requires a third-party to review and revise the leak detection and repair plan to ensure Domtar's compliance with environmental regulations. These actions will significantly reduce harmful emissions from the company's operations.

Domtar is also undertaking two emission reduction projects to mitigate the environmental and public health harm attributable to its violations. First, Domtar will install capping valves to help prevent VOC and HAP emissions leaks. Domtar will also update its biological wastewater treatment system to capture HAPs and VOCs before they are emitted to the air.

Domtar A.W. LLC is limited liability company registered in Delaware and a wholly owned subsidiary of Domtar Corporation. Domtar is a manufacturer of diversified forest products, which includes production of pulp, paper, packaging, and tissue. Domtar describes its Ashdown Mill as one of the largest fluff pulp production facilities in the world.

The consent decree was filed with the U.S. District Court for the Western District of Arkansas and is subject to a 30-day comment period. The complaint and the proposed consent decree are available at https://www.justice.gov/enrd/consent-decrees.

The EPA and Arkansas Department of Energy & Environment, Division of Environmental Quality, investigated this matter.

Attorneys with ENRD's Environmental Enforcement Section are handling this matter.