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Domtar could pay $1.5 million for EPA pollution claims at Ashdown, Arkansas, mill

ASHDOWN, Ark. (From news reports) -- The U.S. Department of Justice proposes Domtar pay $1.5 million to settle claims that emissions at the paper company's kraft mill in Ashdown exceed federal and Arkansas environmental limits.

The DOJ filed a consent decree with the proposed settlement Friday in U.S. District Court for the Western District of Arkansas on behalf of the Environmental Protection Agency and the Arkansas Division of Environmental Quality. The decree is subject to a 30-day public comment period. If approved by the court, the decree would go into effect immediately.

Under the decree, South Carolina-based Domtar would divide paying the settlement between the U.S. and the state of Arkansas.

The settlement also requires Domtar to make changes at the Ashdown mill, including installing proper pollution controls on its brown stock washer, updating leak detection and conducting performance testing on its boilers.

"The estimated cost to complete the required injunctive relief and bring operations into compliance is at least $2.6 million," the DOJ said in a news release.

As part of the decree, an independent third party would review and revise Domtar's leak detection and repair plan to ensure compliance.

"These actions will significantly reduce harmful emissions from the company's operations," the DOJ said.

The alleged violations of the federal Clean Air Act and Arkansas Water and Air Pollution Control Act follow a 2019 site inspection by the EPA and ADEQ. The inspectors reported seeing visible emissions as they examined a brown stock washer, according to a complaint filed Friday in U.S. District Court for the Western District of Arkansas.

A brown stock washer separates and washes waste liquid from pulp fibers.

As the two inspectors stood near the washer, their hydrogen sulfide monitors sounded alarms and recorded readings up to 9 parts per million. The Clean Air Act limits the emission of sulfur-containing gases from the washer to 5 ppm.

The complaint alleges Domtar did not have the proper controls in place to manage the emissions.

"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 DOJ said.

Domtar also is accused of not performing mandatory inspections and monitoring, contributing to overlooking a leaking valve the DOJ alleges emitted "uncontrolled and illegal amounts of pollutants."

The DOJ says the mill failed to adequately test two of its boilers. Consequently, the amount of hazardous air pollutants (e.g. carbon monoxide, hydrochloric acid) released is unknown, according to the DOJ.

However, the DOJ notes improvements at the mill.

"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," the DOJ said.

If Domtar complies with all parts of the agreement for two years, the decree can be terminated.

The Ashdown mill has 580 employees and an economic impact of $1.6 billion, according to a mill fact sheet. It produces fluff pulp, which is used in absorbency products, such as baby diapers.

According to the EPA, 162 people live within a mile of the facility, 2,146 within 3 miles and 4,850 within 5 miles.

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