EPA Region 6 initiated inspections at multiple integrated kraft pulp mills prior to the COVID-19 pandemic and negotiated consent agreements have been issued in the past year stemming from those inspections. Of note is the agreement issued for an Arkansas mill in September 2023. Penalties, related predominantly to Leak Detection and Repair (LDAR) related violations, include:
 

• Civil penalty amount of more than $250K
• Multiple follow-up action items that will likely result in additional investments, repairs, or replacements
• Commitment to a Supplemental Environmental Project (specific to their wastewater system and outfall) with a minimum cost of $2.1 million.

 
Example LDAR violations included:
 

• Failure to control low volume high concentration (LVHC) gases from digesters – visible emissions from capping valves during cooking process
• Failure to control LVHC gases from blow heat accumulator and blow tanks – visible emissions, defects, or indicators of stained vessel bodies observed
• Failure to keep bleach washer windows closed during operation – inspector observation and review of 24 months of inspection records
• Failure to maintain a flow indicator or car seal on the sealed sewer vent line

 
Two additional consent agreements have been negotiated from the EPA Region 6 audits:
 
A Texas Mill

• Civil penalty amount of almost $350K with additional follow-up action items to ensure compliance
• Failure to conduct visible inspections 30 days after prior inspections (multiple equipment locations) and failure to record equipment type and identification of equipment being inspected
• New Source Performance Standards (NSPS) Subpart BB and National Emission Standards for Hazardous Air Pollutants (NESHAP) Subpart S violations related to observed visible emissions from Chemiwasher
• Failure to report opacity exceedances per NESHAP Subpart MM

 
A Louisiana Mill

• Civil penalty amount of $120K
• Failure to maintain site specific LDAR inspection plan, missing 519 components in the plan, and no records of visual inspections

 
While EPA Region 6 has been following up on pre-COVID inspections, it does not appear that other EPA regions have been pursuing similar inspection activities presently. Of course, given the negotiated consent agreements in Region 6, it could lay a framework for other regions to initiate inspections, should they have the resources.
 
Note that EPA’s national enforcement and compliance initiatives do include a focus on reducing air toxics in overburdened communities. This clearly ties into the ongoing and increasing discussions around environmental justice. It does not appear that kraft pulp mills have necessarily been targeted within this initiative (to date), although any mills that are in proximity to “overburdened” communities would potentially be a target after some of the more obvious petrochemical facilities are addressed. In our next E-newsletter, we will take a closer look at LDAR enforcement in other industry sectors and consider how that could impact LDAR programs implemented at kraft pulp mills.
 
Given EPA’s focus on LDAR, now is the best time to consider a compliance review of your own LDAR program or refresher training on LDAR requirements. Trinity has assisted numerous kraft pulp mills with specialized pulp mill audits focusing on identifying potential gaps and areas of improvement with implemented LDAR programs. Such audits rely on Subject Matter Experts from our Pulp, Paper, and Tissue Sector team and our Chemical Sector Services Team. Trinity is also offering a half-day course on LDAR compliance specific to kraft pulp mills. Please contact our Pulp, Paper, and Tissue Sector SME, Principal Consultant Deanna L. Duram or your local Trinity office if you have any questions or would like to discuss the benefits of a specialized LDAR audit for your operations.