The Justice Department announced Friday that Domtar A.W. LLC has agreed to a settlement to resolve alleged environmental violations at its pulp and paper mill in Ashdown, Arkansas,.
According to the Justice Department, the settlement was reached on behalf of the Environmental Protection Agency and the Arkansas Department of Energy and Environment’s Division of Environmental Quality.
The proposed consent decree addresses multiple violations of the federal Clean Air Act and the Arkansas Water and Air Pollution Control Act.
Under the terms of the agreement, Domtar is required to pay a civil penalty of $1.5 million, which will be divided equally between the United States and the state of Arkansas.
In addition to the fine, the company must commit at least $2.6 million toward implementing projects designed to reduce excess emissions and improve facility monitoring.
The legal complaint filed against the company alleged a significant failure to capture and control air emissions from a brown stock washer used to separate waste liquid from pulp fibers.
Per the Environmental Protection Agency, the facility failed to install required pollution controls mandated by federal New Source Performance Standards and National Emissions Standards for Hazardous Air Pollutants.
Without these specific controls, the brown stock washer can release hydrogen sulfide, a gas known for its potent “rotten egg” smell and its harmful effects on human health.
Emphasizing the federal government’s role in holding corporations accountable for air quality, Principal Deputy Assistant Attorney General Adam Gustafson of the Justice Department’s Energy and Natural Resources Division said, “Today’s settlement demonstrates the Justice Department’s commitment to protecting public health and the environment”.
The Justice Department also reported that the mill failed to follow mandatory inspection protocols, including one instance where a leaking valve went uninspected for 53 days.
This lapse allowed uncontrolled and illegal amounts of pollutants to enter the atmosphere before the leak was finally detected.
Furthermore, the complaint alleged that Domtar did not conduct adequate performance testing on two of its boilers, leaving the total extent of hazardous air emissions unknown.
The hazardous materials potentially released include volatile organic compounds, methanol, carbon monoxide, and various chlorinated compounds such as chlorine dioxide.
Acknowledging the importance of interagency cooperation, Administrator Scott Mason of EPA Region 6 stated, “This settlement ensures that Domtar will take the necessary precautions to maintain and control its facility’s pollution controls among other corrective actions”.
As part of the remediation, Domtar will install capping valves to prevent future leaks and update its biological wastewater treatment system to capture pollutants before they are emitted.
A third-party auditor will also be brought in to review and revise the facility’s leak detection and repair plans to ensure long-term compliance.
Domtar Corporation, the parent company of the Delaware-registered subsidiary, describes the Ashdown Mill as one of the world’s largest fluff pulp production facilities.
The proposed settlement is currently subject to a 30-day public comment period following its filing in the U.S. District Court for the Western District of Arkansas.
Investigations into the facility’s operations were conducted jointly by the Environmental Protection Agency and state environmental regulators in Arkansas.