NOVEMBER 16, 2022 - CONSENT DECREE
New Indy Containerboard Catawba LLC, pulp mill was causing an imminent and substantial endangerment to public health or welfare or the environment under Section 303 of the Clean Air Act through its emissions of elevated levels of hydrogen sulfide (H2S). A complaint and consent decree were filed simultaneously with the U.S. District Court of South Carolina on December 29, 2021, and the consent decree was entered by the court on 11/16/2022. The consent decree requires long term injunctive relief designed to prevent New Indy from creating another imminent and substantial endangerment. The consent decree requirements include foul condensate monitoring and treatment, fence line H2S monitoring, corrective actions to improve the wastewater treatment system, cover and control the post aeration tank, install and maintain a functioning secondary containment system around the black liquor storage area, incorporate the consent decree terms into a Title V permit, and pay a $1.1 million-dollar civil penalty. After three sequential years of compliance with the consent decree requirements beginning on the date the consent decree was entered by the court, New Indy may seek to terminate the consent decree, but the operational requirements will remain in effect under enforceable permits.