US_ et al._ v. Jeld-Wen_ Inc._ Consent Decree by qingyunliuliu

VIEWS: 165 PAGES: 73

									                    IN THE UNITED STATES DISTRICT COURT
                           FOR THE DISTRICT OF OREGON



UNITED STATES OF AMERICA,          )
                                   )
                  Plaintiff,       )
                                   )    Civil Action No. 11-453 ST
            v.                     )
                                   )
JELD-WEN, INC.,                    )
                                   )
                  Defendant.       )
-------------------------)
                               CONSENT DECREE
                                              TABLE OF CONTENTS

I       GENERAL PROVISIONS .................................................................................................. 5
         1. Jurisdiction and Venue .................................................................................................... 5
        2. Applicability ................................................................................................................... 6
        3. Definitions ....................................................................................................................... 7
        4. Right of Entry ............................................................................................................... 11
        5. Document Retention ..................................................................................................... 12
        6. Costs .............................................................................................................................. 13
        7. Notices .......................................................................................................................... 13
        8. Modifications ................................................................................................................ 16
        9. Termination ................................................................................................................... 17
        10. Public Participation ..................................................................................................... 18
        11. Signatories and Service ............................................................................................... 18
        12. Integration ................................................................................................................... 19
        13. Final Judgment ............................................................................................................ 20
II      CIVIL PENALTY .............................................................................................................. 20
        14. Civil Penalty................................................................................................................ 20
        15. Payment to the United States ...................................................................................... 20
        16. Payments to the States ................................................................................................ 21
III.    COMPLIANCE REQUIREMENTS ................................................................................. .22
        17. Resin Switch ............................................................................................................... 22
        18. Interim Emissions Limits ............................................................................................ 22
        19. Emission Reductions ................................................................................................... 24
        20. Selecting Emission Reductions Projects ..................................................................... 28
        21. Diesel School Bus Retrofit Projects ........................................................................... .29
        22. Wood Stove Replacement Projects ............................................................................. 32
        23. Emission Reduction Plan ............................................................................................ 35
        24. Final MACT Requirements ......................................................................................... 37
        25. Equivalency by Permit ................................................................................................ 38
        26. Initial Compliance Plans ............................................................................................. 41
        27. Final Compliance Plans .............................................................................................. 42
        28. Final NSR Requirements ............................................................................................ 45
        29. Quarterly Reports ........................................................................................................ 46
        30. Non-Compliance Reporting ........................................................................................ 48
        31. Verification of Reports ............................................................................................... 49
        32. Approval and Implementation of Deliverabies .......................................................... .49
IV.     EFFECT OF SETTLEMENT ............................................................................................ 52
       ·33. Effect of Settlement .................................................................................................... 52
        34. Reservation of Rights .................................................................................................. 52
        35. Waiver of Defenses ..................................................................................................... 52
        36. Limitations on Effect of Decree .................................................................................. 53
V.      STIPULATED PENALTIES ............................................................................................. 54
        37. Stipulated Penalties ...................................................................................................... 54
        38. Payment of Stipulated Penalties .................................................................................. 54
        39. Late Payment of Civil Penalty .................................................................................... 56
                                                               2
        40. Violation of Emissions LImits .................................................................................... 56
        41. Violation of Reporting Requirements ......................................................................... 57
        42. Violation of Other Requirements of the Decree ......................................................... 57
       43. Effect of Dispute Resolution ....................................................................................... 58
VI.    FORCE MAJEURE ........................................................................................................... 59
       44. Definition of Force Majeure ...........................•........................................................... 59
       45. Notification Requirement. ..............................•............................................................ 59
       46. EPA Determination Regarding Force Majeure ........................................................... 60
VII.   ,DISPUTE RESOLUTION ...................................................................................... ;.......... 62
       47. Applicability of Procedure .......................................................................................... 62
       48. Informal Dispute Resolution ....................................................................................... 62
       49. Formal Dispute Resolution ......................................................................................... 63
       50. Judicial Review ........................................................................................................... 64
       51. Standard of Review ..................................................................................................... 65




                                                           3
        A.     Plaintiff, the United States of America, on behalf of the United States

Environmental Protection Agency ("EPA"), filed a complaint in this action alleging that

Defendant JELD-WEN, INC. ("JELD-WEN") has violated Sections II2(d) and (h) of the

Clean Air Act, 42 U.S.c. § 7412(d) and (h), by failing to timely install pollution control

systems and meet other requirements of 40 C.F.R. Part 63 Subpart DDDD at facilities in

White Swan, Washington (Yakama Indian Reservation); Craigsville, West Virginia;

Dubuque, Iowa; and Marion, North Carolina.

       B.      Plaintiff also alleges that JELD-WEN failed to obtain a Prevention of

Significant Deterioration ("PSD") preconstruction permit in violation of Section 160-

I69B, 42 U.S.C. §§ 7470-7492b and 40 C.F.R. Parts 49 and 52 in connection with one or

more modifications to its Facility in White Swan, Washington. JELD-WEN disclosed

these PSD violations at the White Swan, Washington Facility to EPA pursuant to EPA's

Incentives for Self-Policing Discovery, Disclosure, Correction and Prevention of

Violations (Audit Policy). Pursuant to Section 113 (a) ofthe Clean Air Act, EPA issued

to JELD-WEN (with a copy to the Confederated Bands and Tribes of the Yakama

Reservation and the State of Washington) a Notice of Violation of the PSD violations at

the White Swan, Washington Facility.

       C.      The States of West Virginia, Iowa, and North Carolina have each filed

Complaints in intervention alleging violations of Sections II2(d) and (h) of the Clean Air

Act and the appropriate state counterpart legislation.

       D.      JELD-WEN does not admit any liability to the United States or the States

arising out of the transactions or occurrences alleged in the complaint or complaints in

                                             4
     intervention. JELD-WEN asserts that it has spent millions of dollars on the ability to

     manufacture door skins using no-added formaldehyde based resins and evaluating

     manufacturing process options that have reduced formaldehyde emissions by more than

     90 percent from their process units subject to 40 C.F.R. Part 63, Subpart DDDD

     (National Emission Standards for Hazardous Air Pollutants: Plywood and Composite

     Wood Products). JELD-WEN believes that achieving hazardous air pollutant ("HAP")

     emission reductions through pollution prevention is preferable to achieving reductions

     through the use of existing add-on controls such as thermal oxidizers, and JELD-WEN

     continues to conduct research and development activities to identify options for reducing

     HAPs.

             E.         The Parties recognize, and the Court by entering this Consent Decree finds

     that this Consent Decree has been negotiated by the Parties in good faith and will avoid

     litigation among the Parties and that this Consent Decree is fair, reasonable, and in the

     public interest.

             F.         NOW, THEREFORE, before the taking of any testimony, without the

     adjudication or admission of any issue of fact or law except as provided in Section I

     (General Provisions), and with the consent of the Parties, IT IS HEREBY ADJUDGED,

     ORDERED, AND DECREED as follows:

1.           GENERAL PROVISIONS

             1.         Jurisdiction and Venue.

                        a.     This Court has jurisdiction over the subject matter of this action,

 pursuantto 28 U.S.C. §§ 1331, 1345, and 1355, and Section 113(b) of the Clean Air Act,




                                                     5
42 U.S.C. § 7413(b), and over the Parties. This Court has supplemental jurisdiction over

the State law claims asserted by the States pursuant to 28 U.S.c. § 1367.

                b.       Venue lies in this District pursuant to 42 U.S.C. § 7413(b), and 28

U.S.C. §§ 1391(b) and (c) and 1395(a). For purposes of this Consent Decree, or any

action to enforce this Consent Decree, JELD-WEN consents to the Court's jurisdiction

over this Consent Decree and any such action and over JELD- W~N and consents to

venue in this judicial district.

                c.      For purposes of this Consent Decree, JELD-WEN agrees that the

Complaint states claims upon which relief may be granted pursuant to 42 U.S.c. §§

7412(d) and (h) and 7413(b).

                d.      The Court shall retain jurisdiction over this case until termination

of this Consent Decree, forthe purpose of resolving disputes arising under this Consent

Decree or entering orders modifying this Consent Decree, pursuant to Paragraph 8

(Modification) or Section VII (Dispute Resolution) or effectuating or enforcing

compliance with the terms of this Consent Decree.

        2.      Applicabilitv.

                a.      The obligations of this Consent Decree apply to and are binding

upon the United States and the States, and upon JELD-WEN and any successors, assigns,

or other entities or persons otherwise bound by law.

                b.      No transfer of ownership or operation of any affected Facility,

whether in compliance with the procedures of this Paragraph or otherwise, shall relieve

JELD-WEN of its obligation to ensure that the terms of the Consent Decree are

implemented. At least 30 Days prior to any such transfer, JELD-WEN shall provide a

                                              6
copy of this Consent Decree to the proposed transferee and shall simultaneously provide

written notice of the prospective transfer, together with a copy of the proposed written

agreement, to EPA Region 10, the United States Attorney for the District of Oregon, the

United States Department of Justice, the EPA Regional Contact for the EPA Region in

which the Facility is located, and the State in which the Facility is located in accordance

with Paragraph 7 (Notices). Any attempt to transfer ownership or operation of the

Facility without complying with this Paragraph constitutes a violation of this Consent

Decree.

                c.     JELD-:-WEN shall provide a copy of this Consent Decree to all

officers, employees, and Agents whose duties might reasonably include compliance with

any provision of this Consent Decree. Upon the identification ofthe final compliance

option, as specified in Paragraph 27 (Final Compliance Plans), JELD-WEN shall provide

a copy of this Consent Decree to any contractor retained to perform work required to

implement the final compliance option at any Facility pursuant to this Decree. JELD-

WEN shall condition any such contract upon performance of the work in conformity with

the terms of this Consent Decree.

               d.      In any action to enforce this Consent Decree, JELD-WEN shall not

raise as a defense the failure by any of its officers, directors, employees, agents, or

contractors to take any actions necessary to comply with the provisions of this Consent

Decree.

       3.      Definitions. Terms used in this Consent Decree that are defined in the

applicable provisions ofthe Clean Air Act or in applicable regulations promulgated

pursuant to that Act shall have the meanings assigned to them in the Act or such

                                              7
regulations unless otherwise provided in this Consent Decree. Whenever the terms set

forth below are used in this Consent Decree, the following definitions shall apply:

                a.      "Add-on Control System" shall have the meaning assigned in 40

C.P.R. § 63.2292.

                b.      "Affected Source" shall have the meaning assigned in 40 c.P.R. §

63.2292.

                c.      "Agent" shall mean a person or entity authorized by JELD-WEN

to act on its behalf with respect to the obligations imposed by this Consent Decree.

                d.     "Complaint" shall mean the complaint and complaints in

intervention filed by the United States and the States in this action.

               e.      "Consent Decree" shall mean this Decree.

                f.     "Date of Lodging" shall mean the date on which this Consent

Decree is filed with this court.

               g.      "Day" shall mean a calendar day unless expressly stated to be a

business day. In computing any period of time under this Consent Decree, where the last

day would fall on a Saturday, Sunday, or federal holiday, the period shall run until the

close of business ofthe next business day.

               h.      "EPA" shall mean the United States Environmental Protection

Agency and any of its successor departments or agencies.

               i.      "Effective Date" shall mean the date upon which this Consent

Decree is entered by the Court or a motion to enter the Consent Decree is granted,

whichever occurs first, as recorded on the Court's docket.



                                              8
                 j.    "Facility" shall mean anyone ofthe JELD-WEN doorskin

manufacturing facilities located in the following areas: White Swan, Washington;

Craigsville, West Virginia; Dubuque, Iowa; and Marion, North Carolina.

                 k.    "Final MACT Requirements" shall mean each applicable

requirement ofthe MACT or each MACT Equivalent Title V Permit Term and Condition

(except for any ongoing or recurring reporting requirements the compliance dates for

which have not yet occurred).

                 1.   "Final NSR Requirements" shall mean the requirements set forth

in Paragraph 28 (Final NSR Requirements).

                 m.    "HAP" shall mean. any hazardous air pollutant as defined in 40

C.F.R. § 63.2.

                 n.   "Income-Qualified Residential Homeowners" shall mean a

homeowner who is receiving assistance from one or more of the following programs:

Food Stamps; Medical Assistance (Le., Medicaid or state equivalent); Women, Infants,

and Children's Program; and/or Income qualified Home Energy Assistance Program.

                 o.   "Initial Equivalency by Permit" shall mean the pre-draft terms and

conditions and equivalency demonstration approved by the relevant State and EPA

pursuant to 40 C.F.R. § 63.94(d).

                 p.   "Initial MACT Requirements" shall mean the compliance options,

operating requirements, work practice requirements and all related notification

requirements for existing sources in 40 C.F.R.§§ 63.2240 to 63.2252 and 63.2280 ofthe

MACT as well as all other requirements ofthe MACT as provided in that subpart at each

Process Unit at each Facility provided, however, that, "compliance date" as defined in 40

                                            9
C.F.R. § 63.2 shall mean,and the compliance date requirements set forth in 40 C.F.R. §

63.2233 shall be interpreted as being applicable on, the date that occurs thirty months

after the Effective Date, rather than October 1, 2007.

               q.        "JELD-WEN" shall mean JELD-WEN, INC., the Defendant

named in the Complaint.

               r.        "MACT" shall mean the National Emission Standards for

Hazardous Air Pollutants: Plywood and Composite Wood Products requirements found

at 40 C.F.R. Part 63 Subpart DDDD.

               s.       "MACT Equivalent Permit Term" shall mean any term or

condition: a) approved by EPA pursuant to 40 C.F.R. § 63.94(c)(3) as equivalent to the

requirements of the MACT as promulgated before October 29,2007; and b) incorporated

into a final Title V permit issued in accordance with 40 C.F.R. §§ 63.94(e) and 70.7 and

any applicable State statutory and regulatory requirements.

               t.       "No-added Formaldehyde Based Resins" means resins formulated

with no added formaldehyde as part of the resin cross linking structure for making

hardwood plywood, particleboard, or medium density fiberboard. "No.,.added

formaldehyde based resins" include, but are not limited to, resins made from soy,

polyvinyl acetate, or methylene diisocyanate.

              u.        "Paragraph" shall mean a portion of this Consent Decree identified

by an Arabic numeral.

              v.        "Parties" shall mean the United States, the States, and JELD-WEN.

              w.        "Process Unit" shall have the meaning assigned in 40 C.F.R.

§ 63.2292.

                                            10
                 x.      "Section" shall mean a portion of this Consent Decree identified

by a roman numeral.

                 y.     "State" shall mean anyone ofthe States of West Virginia, Iowa, or

North Carolina.

                 z.     "Total HAP Emissions" shall have the meaning set forth in 40

C.F.R. § 63.2292.

                 aa.    "United States" shall mean the United States of America, acting on

behalf of EPA.

       4.        Right of Entry

                 a.     The United States, the States, and their representatives, including

attorneys, contractors, and consultants, shall have the right of entry into any Facility

covered by this Consent Decree, at all reasonable times, upon presentation of credentials,

to:

                        i.        monitor the progress of activities required under this

Consent Decree;

                        ll.       verifY any data or information submitted to the United

States or a State in accordance with the terms of this Consent Decree;

                       lll.       obtain samples and, upon request, splits of any samples

taken by JELD-WEN or its representatives, contractors, or consultants;

                       iv.        obtain documentary evidence, including photographs and

similar data; and

                       v.         assess JELD-WEN's compliance with this Consent Decree.



                                               11
               b.      This Consent Decree in no way limits or affects any right of entry

and inspection, or any right to obtain information, held by the United States or any State

pursuant to applicable federal or state laws, regulations, or permits, nor does it limit or

affect any duty or obligation of JELD-WEN to maintain documents, records, or other

information imposed by applicable federal or state laws, regulations, or permits.

       5.      Document Retention .

              . a.     Until five years after the termination of this Consent Decree,

JELD-WEN shall retain, and shall instruct its contractors and Agents to preserve, all non-

identical copies of all documents, records, or other information (including documents,

records, or other information in electronic form) in its or its contractors' or Agents'

possession or control, or that come into its or its contractors' or Agents' possession or

control, and that relate in any manner to JELD-WEN's performance of its obligations

under this Consent Decree. The requirements of this Paragraph shall apply regardless of

any contrary corporate or institutional policies or procedures. At any time during this

information-retention period, upon request by the United States or any State, JELD-WEN

shall provide copies of any documents, records, or other information required to be

maintained under this Paragraph.

               b.      At the conclusion ofthe information-retention period provided in

this Paragraph, JELD-WEN shall, in accordance with Paragraph 7 (Notices), notify the

United States, the relevant EPA Region, and the relevant State (or States) at least 90 Days

prior to the destruction of any documents, records, or other information subject to the

requirements of subparagraph a and, upon request by the United States or relevant State

(or States), JELD-WEN shall deliver any such documents, records, or other information

                                             12
to EPA or the relevant State (or States). JELD-WEN may assert that certain documents,

records, or other information are privileged under the attorney-client privilege or any

other privilege recognized by federal law . If, in response to such request, JELD-WEN

asserts such a privilege in lieu of providing the documents, records or information, it shall

provide the following information: (1) the title of the document, record, or-information;

(2) the date of the document, record, or information; (3) the name and title of each author

of the document, record, or information; (4) the name and title of each addressee and

recipient; (5) a description ofthe subject of the document, record, or information; and (6)

the privilege asserted by JELD-WEN. However, no documents, records or other

information required to be submitted pursuant to or necessary to determine compliance

with this Consent Decree shall be withheld on grounds of privilege.

                c.      JELD-WEN may also assert that information required to be

provided under this Paragraph is protected as Confidential Business Information ("CBI")

under 40 C.F.R. Part 2 or any applicable State law. As to any information that JELD-

WEN seeks to protect as CBI, JELD-WEN shall follow the procedures set forth in 40

C.F.R. Part 2 and any applicable State law.

        6.      Costs. The Parties shall bear their own costs of this action, including

attorneys' fees, except that the United States and the States shall be entitled to collect the

costs incurred in any action necessary to collect any portion of the civil penalty or any

stipulated penalties due but not paid by JELD-WEN.

       7.      Notices.

               a.      Unless otherwise specified herein, whenever a notice, submission,

or communication is required by this Consent Decree, it shall be made in writing and

                                              13
addressed as follows, provided that if a notification, submission or communication relates

only to a single Facility, it shall be made only to the United States, including EPA

Headquarters Office and the affected EPA Regional Office, and to the affected State:

                       To the United States (including EPA):

                       Chief, Environmental Enforcement Section
                       Environment and Natural Resources Division
                       U.S. Department of Justice
                       Box 7611 Ben Franklin Station
                       Washington, D.C. 20044-7611



                      EPA Headquarters Office:

                      Phillip Brooks
                      Director
                      Air Enforcement Division
                      Office of Enforcement and Compliance Assistance
                      U.S. EPA
                      1200 Pennsylvania Ave., NW
                                                01


                      Robin Dunkins
                      USEPA Office of Air Quality
                      109 TW Alexander Drive (E143-03)
                                             C 27711


                      EPA Regional Offices:

                      Zelma Maldonado
                      Air Enforcement Branch
                      U.S. Environmental Protection Agency, Region III
                      1650 Arch Street
                      Philadelphia, PA 19103


                      Wendell Reed
                      U.S. Environmental Protection Agency, Region IV
                      Sam Nunn Atlanta Federal Center
                      61 Forsyth Street, SW
                                           14
Atlanta. Georgia 30303



Julie Murray
U.S. Environmental Protection Agency, Region VII
Office of Regional Counsel
901 N. 5th Street
Kansas City, KS 66101


John E. Keenan
U.S. Environmental Protection Agency, Region X
OCE-127
1200 Sixth Avenue, Suite 900



To the State of West Virginia:

Jesse D. Adkins
Assistant Director, Compliance and Enforcement Section
Division of Air Quality
West Virginia Department of Environmental Protection
601 57th Street, SE
Charleston, WV 25304


To the State ofIowa:

Brian Hutchins
Supervisor, Compliance Section
Iowa DNR - Air Quality Bureau
7900 Hickman, Suite 1



To the State of North Carolina:

Paul Muller, Regional Supervisor
NC Division of Air Quality
2090 U.S. Highway 70
Swannanoa, NC 28778


To JELD-WEN:
                     15
                      David G. Stork
                      General Counsel
                      JELD-WEN, INC.
                      3250 Lakeport Blvd.
                      Klamath Falls, OR 97601

                      Dwayne Arino
                      Director, Environmental Engineering
                      JELD-WEN, INC.
                      407 Harbor Isles Blvd.
                      P.O. Box 1540
                      Klamath Falls, OR 97601

               b.     AnyParty may, by written notice to the other Parties, change its

designated notice recipient or notice address provided above.

               c.     Notifications, submissions or communications pursuant to this

Paragraph shall be deemed submitted upon mailing or emailing (with hard copy

simultaneously sent by mail), unless otherwise provided in this Consent Decree or by

mutual agreement of the Parties in writing.

        8.     Modification.

               a.     The terms of this Consent Decree, including any attached

appendices, may be modified only by a subsequent written agreement signed by all the

Parties. Where the modification constitutes a material change to this Consent Decree, it

shall be effective only upon approval by the Court. For purposes of this Paragraph, any

extension of any deadline contained in this Decree or any plan approved under this

Consent Decree shall not be considered a material modification so long as the extension

does not result in an extension of the date on which compliance with Final MACT

Requirements or Final NSR Requirements will be achieved.



                                              16
               b.      Any disputes concerning modification of this Consent Decree shall

be resolved pursuant to Section VII (Dispute Resolution), provided, however, that,

instead of the burden of proof provided by Paragraph 51 (Standard of Review), the Party

seeking the modification bears the burden of demonstrating that it is entitled to the

requested modification in accordance with Federal Rule of Civil Procedure 60(b).

       9.      Termination.

               a.      JELD-WEN may seek partial or full termination of this Consent

Decree. To obtain termination of this Decree as to all. Facilities or any single Facility,

JELD-WEN must demonstrate that it has (i) completed the requirements of Section III

(Compliance Requirements) of this Consent Decree applicable to each Facility as to

which JELD-WEN seeks termination; (ii) obtained all necessary state and federal

permits, and thereafter maintained continuous satisfactory compliance with this Consent

Decree for a period of 6 months at each Facility as to which JELD-WEN seeks

termination; (iii) complied with all other requirements of this Consent Decree applicable

to each Facility as to which JELD-WEN seeks termination; and (iv) paid the civil penalty

and any accrued stipulated penalties as required by this Consent Decree. If JELD-WEN

can make this demonstration, it may serve upon the United States and the State(s) a

Request for Partial or Full Termination, stating that JELD-WEN has satisfied those

requirements, together with all necessary· supporting documentation.

               b.      After the United States and the State(s) have received JELD-

WEN's Request for Termination, the Parties shall confer informally concerning the

Request and any disagreement that the Parties may have as to whether JELD-WEN has

satisfactorily complied with the requirements for termin~tion of this Consent Decree.

                                             17
                 c.     lfthe United States after consultation with the affected State(s)

 agrees that the Consent Decree may be terminated with respect to a one or more

 Facilities, the Parties shall submit, for the Court's approval, a joint stipulation terminating

 the Consent Decree.

                 d.     lfthe United States after consultation with the State(s) does not

 agree that the Consent Decree may be terminated as to any Facility, JELD-WEN may

 invoke Dispute Resolution under Section VII (Dispute Resolution). JELD-WEN shall

 not seek Dispute Resolution of any dispute regarding termination under Paragraph 48

. (Informal Dispute Resolution) until 90 days after service of its Request for Termination.

           10.   Public Participation

                 a.     This Consent Decree shall be lodged with the Court for a period of

 not less than 30 Days for public notice and comment in accordance with 28 C.F.R.

 § 50.7.

                 b.     The United States reserves the right to withdraw or withhold its

 consent ifthe comments regarding the Consent Decree disclose facts or considerations

 indicating that the Consent Decree is inappropriate, improper, or inadequate.

                 c.     JELD-WEN consents to entry of this Consent Decree without

 further notice and agrees not to withdraw from or oppose entry of this Consent Decree by

the Court or to challenge any provision of the Consent Decree, unless the United States

has notified JELD-WEN in writing that it no longer supports entry of the Consent Decree

as agreed to by the Parties.

           11.   Signatories and Service.




                                              18
                a.      Each undersigned representative of JELD-WEN and the States and

the Assistant Attorney General for the Environment and Natural Resources Division of

the Departrn~nt of Justice certifies that he or she is fully authorized to enter into the terms

and conditions of this Consent Decree and to execute and legally bind the Party he or she

represents to this document.

               b.       This Consent Decree may be signed in counterparts, and its

validity shall not be challenged on that basis.

               c.       JELD-WEN agrees to accept service of process by mail with

respect to all matters arising under or relating to this Consent Decree and to waive the

formal service requirements set forth in Rules 4 and 5 of the Federal Rules of Civil

Procedure and any applicable Local Rules ofthis Court including, but not limited to,

service of a summons.

        12.    Integration.

               a.       This Consent Decree constitutes the final, complete, and exclusive

agreement and understanding among the Parties with respect to the settlement embodied

in the Consent Decree and supersedes all prior agreements and understandings, whether

oral or written, concerning the settlement embodied herein.

               b.       Other than deliverables that are subsequently submitted and

approved pursuant to this Consent Decree, no other document, nor any representation,

inducement, agreement, understanding, or promise, constitutes any part of this Consent

Decree or the settlement it represents, nor shall it be used in construing the terms of this

Consent Decree.



                                             19
             13.     Final Judgment.

                     a.     Upon approval and entry of this Consent Decree by the Court, this

      Consent Decree shall constitute a final judgment of the Court as to the United States, the

      States, and JELD-WEN.

                     b.     The Court finds that there is no just reason for delay and therefore

      enters this judgment as a final judgment under Federal Rules of Civil Procedure 54 and

      58.

II.          CIVIL PENALTY

             14.     Civil Penalty. Within 30 Days after the Effective Date of this Consent

      Decree, JELD-WEN shall pay the sum of $850,000 as a civil penalty, together with

      interest accruing from the Date of Lodging, at the rate specified in 28 U.S.C. § 1961 as of

  the Date of Lodging. Payment shall be made in accordance with the requirements of

  Paragraphs 15 (Payment to the United States) and 16 (Payments to the States).

             15.     Payment to the United States.

                     a.     JELD-WEN shall pay $531,250 of the civil penalty due pursuant to

  Paragraph 14 (Civil Penalty) and associated interest by FedWire Electronic Funds

  Transfer ("EFT") to the U.S. Department of Justice in accordance with written

  instructions to be provided to JELD-WEN following lodging of the Consent Decree by

  the Financial Litigation Unit of the U.S. Attorney's Office for the District of Oregon,

  1000 SW Third Avenue, Suite 600, Portland, Oregon 97204,503-727-1000. At the time

  of payment, JELD-WEN shall send a copy of the EFT authorization form and the EFT

  transaction record, together with a transmittal letter, which shall state that the payment is

  for the civil penalty owed pursuant to the Consent Decree in the above-captioned matter,

                                                 20
and shall reference the civil action number and DOJ case number 90-5-2-1-09567, to the

United States in accordance with Paragraph 7 (Notices); by email to

                              gov; and by mail to:

                       EPA Cincinnati Finance Office
                       26 Martin Luther King Drive
                       Cincinnati, Ohio 45268

               b.      JELD-WEN shall not deduct any penalties paid under this Consent

Decree pursuant to this Section or Section V (Stipulated Penalties) in calculating its

federal income tax.

       16.     Payments to the States.

               a.      JELD-WEN shall pay $106,250 of the civil penalties due pursuant

to Paragraph 14 (Civil Penalty) and associated interest to the State of West Virginia by

certified check made payable to the Air Pollution Education and Environment Fund and

mailed to:

               West Virginia Division of Air Quality
               Attn: John A. Benedict, Director
               601 57th Street, SE
               Charleston, WV 25304

               b.     JELD-WEN shall pay $106,250 of the civil penalties due pursuant

to Paragraph 14 (Civil Penalty) and associated interest to the State oflowa by corporate

check made to the order of "The State oflowa" and mailed to:

                      David R. Sheridan
                      Assistant Attorney General
                      Environmental Law Division
                      Lucas State Office Building
                      321 E. 12th Street, Room 018
                      Des Moines, IA 50319

               c.     JELD-WEN shall pay $106,250 of the civil penalties due pursuant

                                            21
       to Paragraph 14 (Civil Penalty) and associated interest to the State of North Carolina by

       corporate check payable to North Carolina Department of Environment and Natural

       Resources (NCDENR) and sent to the following address:

                             Enforcement Group - Payment
                             Department of Environment and Natural Resources
                             Division of Air Quality
                             1641 Mail Service Center
                             Raleigh, NC 27699-1641

III.          COMPLIANCE REQUIREMENTS

              17.     Resin Switch. By no later than the Effective Date of this Consent Decree,

       and continuously thereafter, JELD-WEN shall use only resins that are No-added

       Formaldehyde Based Resins at each Process Unit at each Facility, except as otherwise

   provided in the approved Final MACT Compliance Plan or the MACT Equivalent Permit

   Terms for that Process Unit.

              18.    Interim Emissions Limits

                     a.      From the Effective Date of this Consent Decree until JELD-WEN

   achieves compliance with Initial MACT Requirements or Initial Equivalency by Permit,

   as applicable, at that Facility, JELD-WEN shall limit Total HAP Emissions at the

   following Process Units at the Facility to no more than the rates specified in Table 1 of

   this Paragraph.




                                                  22
                                      Table 1: Interim Emission Limits
                                                             Press Vent Emissions        Dryer Emissions
                                                             Total HAP (IbslMff-I/S")   Total HAP (Ibs/ODT)
Interior Press - Iowa (Standard Skin Process)                                  0.043                  -N/A-
Interior Press - Iowa (Fiberlast Process)                                      0.149                  -N/A-
Exterior Press - Iowa                                                          0.149                  -N/A-
Dryer-Iowa                                                                    -N/A-                    1.16
North Carolina - Fiber Lines 1 & 2 (Standard Skin Process)                   0.0757                    1.33
North Carolina - Fiber Line 1 (Fiberlast Process)                              0.149                   1.33
West Virginia                                                                  0.078                   1.30
Washington                                                                   0.0789                    1.75

                        b.   The interim emission limits set forth in Table 1 are in addition to,

      and not in lieu of, any emission limits that apply to the identified Process Unit(s) that are

      not imposed under the authority ofthe MACT, whether contained in a Title V permit for

      the Facility or otherwise.

                        c.   For each Facility, no later than 180 days after the Effective Date

      (or within 180 days of restarting a Process Unit after the Effective Date if such Process

      Unit is not operating as of the Effective Date), JELD-WEN shall demonstrate compliance

     with the requirements of subparagraph a, as applicable, using NCASI Method

     ISSIFPAI05.01 or any other method approved for measurement of Total HAP in the

     MACT. When runs (as defined in 40 C.F.R. § 63.2) for individual HAP species result in

     non-detectable emissions during testing, the results shall be reported as the method

     detection limit.

                        d.   During the testing conducted pursuant to subparagraph c, JELD-

     WEN shall establish operating parameters in accordance with the requirements of 40

     C.F.R. 63.2262(n)(l) and Table 2 and, to the extent applicable, Table 3 of the MACT

     (Tables 2 and 3 of the MACT regulations) appropriate for ensuring 'compliance with the

     emission limits set forth in subparagraphs a and b.

                                                   23
               e.      On and after establishing the operating parameters for each Process

Unit as provided in subparagraph d, and until JELD-WEN achieves compliance with

Initial MACT Requirements or Initial Equivalency by Permit at that Process Unit, JELD-

WEN shall collect and record the operating parameters data for that Process Unit and

maintain compliance with the operating parameters established for that Process Unit

pursuant to subparagraph d.

               f.      The limits set forth above in Table 1 shall not apply to short term,

discrete testing events and process trials conducted for the purpose of testing measures to

achieve the emissions reductions required by Paragraph 19 (Emission Reductions) or the

requirements of Paragraph 25 (Equivalency by Permit) under the following conditions:

(1) 14 days prior to the test, JELD-WEN provides EPA and the affected State notice of its

intent to conduct the test, the nature of the test, and an estimate of the dates and duration

of the test; (2) JELD;. WEN takes any measures to minimize emissions or makes any other

modifications to the planned test required by EPA, after consultation with the affected

State, (3) during such test, JELD-WEN documents the duration of the test and the results

ofthe test, and (4) if requested; provide the information required in (3) to EPA and the

affected State upon request.

       19.     Emission Reductions

               a.      Within thirty months after the Effective Date, JELD-WEN shall

achieve the total reductions of emissions required by this Paragraph.

               b.      The total emission reductions required by this Paragraph shall be

calculated for each Facility in the following manner:

               Step One: Select the appropriate value from column 2 of Table 2

                                             24
               Step Two: Multiply the applicable number of tons set forth in column 3 of

               Table 2 by the number of months (including partial months) during which

               the Facility operated between April 1, 2010 and the date JELD-WEN

               achieves compliance with Initial MACT Requirements or Initial

               Equivalency by Permit, as applicable

               Step Three: If, in any month after the Effective Date, JELD-WEN's actual

               excess emissions at the Facility have exceeded the amount specified in

               column 3 of Table 2, calculate the amount by which the emissions

               exceeded the amount specified in column 3.

               Step Four: Add the values obtained in Steps One,Two, and Three to

               determine the total emission reductions required for that Facility.

                                       TABLE 2
           Facility               Column 2            Column 3
           Dubuque, IA                          11.1                        0.85
           Marion, NC                           27.0                        1.89
           Craigsville, WV                      24.2                        1.61
           White Swan, WA                        7.1                        1.22
           Column 2 - Actual Excess Emissions through March 2010
           Column 3 - Proiected future excess emissions per month


              c.      In the event that, JELD-WEN fails to achieve compliance with

Initial MACT Requirements or Initial Equivalency by Permit at any Facility, as

applicable, within 30 months of the Effective Date, JELD-WEN shall do the following:

                      i.      achieve additional emissions reductions of HAPs in an

amount calculated by multiplying the applicable number of tons from Table 2 of this

Paragraph by the number of months (including partial months) between the date 30



                                            25
months from the Effective Date and the date JELD-WEN achieves compliance with

Initial MACT Requirements or Initial Equivalency by Permit, as applicable.

                       ii.     within 30 days of achieving Final MACT Compliance,

amend its Emission Reduction Plan to provide for the additional emission reductions as

required by this subparagraph c and providing a schedule for achieving such reductions.

Review and approval of this amended plan shall be governed by Paragraph 32 (Approval

and Implementation of Deliverabies).

               d.      JELD-WEN shall achieve, and document, the total emission

reductions in accordance with the final approved Emission Reduction Plan for each

Facility and in compliance with the requirements of Paragraphs 20 (Selecting Emission

Reductions Projects); 21 (Diesel School Bus Retrofit Projects); 22 (Wood Stove

Replacement Projects); and 23 (Emission Reduction Plan).

               e.      For purposes of calculating the emission reductions required by

this Paragraph, JELD-WEN shall not receive credit for any emission reductions that are

otherwise required by laws in effect or regulations finally issued on or before the date the

emission reductions occur.

               f.      For purposes of determining whether JELD-WEN has achieved the

emission reductions required by this Paragraph, JELD-WEN shall receive a credit of 1

ton for each 10 tons of criteria pollutant emissions reduced. To the extent that it is not

double-counting of HAPs that are also criteria pollutants, JELD-WEN shall receive credit

for both the HAP reductions and the reduction of criteria pollutants, at the ratio noted

above, for each emission reduction project. For example, if JELD-WEN elects to convert

wood stoves within a particular Emission Reduction Plan, JELD-WEN shall receive

                                             26
credit for the HAP reduction and criteria pollutant reduction for each converted stove,

provided that for criteria pollutants, the credit shall be at the ratio described above.

                g.     For each Facility, JELD-WEN shall not be required tospend more

than the amount set forth in Table 3, to obtain the emission reductions required by this

Paragraph. In calculating the amount spent under this Paragraph, JELD-:-WEN may

include the reasonable costs of administering its emission reduction projects (not to

exceed 10 percent of the total costs), including the reasonable costs of any consultant(s)

or third-parties retained to identify and implement the Emission Reduction Plans. If

JELD-WEN contends that it has expended the amount specified in Table 3 for a specific

Facility prior to achieving the emission reductions required for that Facility by this

Paragraph, it may submit an application to EPA and the affected State demonstrating: (i)

the total amount JELD-WEN has expended to obtain emission reductions for that

Facility; (ii) sufficient documentation to establish that all claimed funds were expended in

accordance with the applicable approved Emission Reduction Plan; and (iii) that JELD-

WEN has deducted from the expenditures any economic benefit it obtained from the

emission reductions. For avoidance of doubt, as used in this Paragraph only, "economic

benefit" means an actual remuneration or cost savings to JELD-WEN as a result of any

Emission Reduction Plan. Review and approval of the application shall be governed by

Paragraph 32 (Approval and Implementation of DeliverabIes). Upon EPA approval of

the application, after consultation with any affected State, JELD-WEN's obligation to

obtain additional emission reductions at that Facility shall be terminated.




                                             27
                                          TABLE 3
                           State                           Amount
              Iowa                              $     386,843
              North Carolina                    $     884,666
              West Virginia                     $     766,288
              Washington                        $     462,204

        20.      Selecting Emission Reductions Projects

                 a.     In selecting emission reductions projects, JELD-WEN shall give

projects the following priority: (i) on-site projects that reduce emissions of HAPs; (ii) on-

site projects that reduce emissions of ozone precursors; (iii) on-site projects that reduce

emissions of other criteria pollutants; (iv) for the Washington Facility only, off-site

projects proposed by the Yakama Nation pursuant to the consultation required by

subparagraph c; (v) projects consistent with Paragraphs 21 (Diesel School Bus Retrofit

Projects) or 22 (Wood Stove Replacement Projects); (vi) other off-site projects that

reduce emissions of ozone precursors; (vii) other off-site projects that reduce emissions

of other criteria pollutants.

                 b.     If, in implementing the priorities set forth in subparagraph a,

JELD-WEN selects off-site emission reductions projects, JELD-WEN shall give priority

to projects in geographic locations that are the closest geographic locations to the affected

Facility.

                 c.     In the event that JELD-WEN elects to perform any part of its

Emission Reduction Plan for Washington at an off-site location, before submitting such

Plan, JELD-WEN shall consult with the Yakama Nation regarding emission reduction

projects that benefit the residents of the Yakima Reservation.



                                             28
           21.   Diesel School Bus Retrofit Projects.

                 a.     JELD-WEN may select as an emission reduction project to

undertake to retrofit in-service public school bus diesel engines with emission control

equipment designed to reduce emissions of HAPs, fine particulates and/or ozone

precursors. JELD-WEN may implement such a project directly, or it may contract for the

implementation by a State or non-profit program or institution. Any such project shall

satisfy the following criteria:

                        i.        Involve public school bus fleets located in the affected

State, giving priority to school bus fleets in the school district in which the Facility is

located;

                        ii.       Provide for the retrofit ofpuhlic school bus diesel engines

with EPA or California Air Resources Board ("CARB") verified engine upgrade

emission control technologies that achieve reductions in HAPs, particulates, and/or

ozone precursors for the fleet of school buses in the public school district(s) that

participate(s) in this project. Depending upon the particular EPA or CARB verified

emissions control technology selected, the retrofit school bus diesel engines must achieve

emission reductions of HAPs, particulates and/or ozone precursors by 30%-90%, as

measured from the pre-retrofit emissions for the particular diesel school bus. For an

engine to be eligible for an upgrade, the engine must be currently operating and

performing its intended function. Each engine shall be retrofitted with either: (a) diesel

particulate filters; or (b) diesel oxidation catalysts with closed crankcase ventilation

systems.



                                               29
                        iii.    Provide for the selection of the most appropriate emissions

control technology for each particular school bus diesel engine that will achieve the

greatest mass reduction of HAPs, particulates, and/or ozone precusors. In making this

determination, JELD-WEN must take into account the particular operating criteria

required for the EPA or CARB verified engine upgrade emission control technology to

achieve the verified emissions reductions.

                b.      For the Iowa Facility, JELD-WEN may elect to conduct a Diesel

School Bus Retrofit Project by making a payment to the Bus Emissions Education

Program in Iowa. JELD-WEN shall obtain a commitment that the money will be spent

on retrofits of diesel engines on school buses in Iowa, giving priority to school districts in

the Dubuque, Iowa area and will not be spent on replacement buses. JELD-WEN shall

require documentation of the emission reductions achieved by these retrofits and report

those reductions as required by its Emission Reduction Plan. The State ofIowa agrees to

spend or otherwise disburse the entire contribution made by JELD-WEN only for the

purpose of installing retrofits of diesel school bus engines in Iowa, giving priority to

school districts in the Dubuque, Iowa area.

                c.     Any Emission Reduction Plan proposing a Diesel School Bus

Retrofit Project other than one pursuant to subparagraph b, in addition to meeting the

requirements of Paragraph 19 (Emission Reductions), shall:

                       i.      Provide for the notification of public school districts within

the affected State that their fleet of school buses may be eligible to participate in the

Diesel School Bus Retrofit Project and to solicit their interest in participating in the

project.

                                              30
                        ii.    Describe, for each of the recipient public school districts,

the amount of money that will cover the costs associated with: (a) purchasing the verified

emissions control technology, (b) installation of the verified emissions control technology

(including data logging), and (c) training costs associated with repair and maintenance of

the verified emissions control technology (including technology cleaning and proper

disposal of waste generated :from cleaning). The project shall not include costs for normal

repair or operation of the retrofit school bus, including repair and maintenance of the

retrofit equipment.

                       iii.    For any third party (other than a school district) with whom

JELD-WEN chooses to contract to carry out a project pursuant to this Paragraph,

establish minimum standards that include prior experience in arranging retrofits, and a

record of prior ability to interest and organize fleets, school districts, and community

groups to join a clean diesel program. If a school district contracts directly with JELD-

WEN to install retrofits, that school district shall not be required to have prior experience

in installing retrofits but JELD-WEN shall require the school district to contact the State

to obtain instructions in conducting the retrofits and to comply with such instructions.

                       iv.     Include a mechanism whereby the State or non-profit

ensures that recipients of the retrofit equipment will bind themselves to follow the

operating criteria required for the verified emissions control technology to achieve the

verified emissions reductions and properly maintain the retrofit equipment installed in

connection with the Project.

                       v.      Include a mechanism whereby the recipient public school

districts agree to comply with local, state, and federal requirements for the disposal of the

                                             31
waste generated from the verified emissions control technology and follow CARB's

guidance for the proper disposal of such waste.

                d.      In addition to the information required to be included in any

application pursuant to Paragraph 19.9 (Emission Reductions), in documenting costs

spent on a Diesel School Bus Retrofit Project, JELD-WEN shall describe for each school

district where it implemented such a project: the particular types of verified emissions

control technology (and the number of each type) that were installed pursuant to the

project; the type, year, and horsepower of each retrofit school bus; an estimate of the

number of school children effected by this Project, and the basis for this estimate; an

estimate of the emission reductions for each retrofit school bus (using the manufacturer's

estimated reductions for the particular verified emissions control technology), including

all relevant HAPs and criteria pollutants.

                e.      In addition to the foregoing, JELD-WEN may select as an

emission reduction project to undertake to retrofit in-service diesel engines other than

school bus engines, with emission control equipment designed to reduce emissions of

HAPs, fine particulates and/orozone precursors. Any such project may be implemented

directly by JELD-WEN, through a state program, or by a non-profit with whom JELD-

WEN partners to implement the project, and shall satisfy the criteria set forth above with

respect to diesel school bus retrofits.

         22.    Wood Stove Replacement Projects

                a.      JELD-WEN may select as an emission reduction project to sponsor

a wood stove Replacement campaign that a state, local, or tribal air pollution control

agency ("air pollution control agency") or third-party non-profit will agree to implement

                                             32
in an area within the affected State that would benefit from reductions of HAP or PM2.5

by replacing pre-1988 wood stoves with EPA-certified wood-stoves and/or cleaner

burning, more energy-efficient hearth appliances   (~,   wood pellet, gas, or propane

stoves).

               b.      Any Wood Stove Replacement Project that JELD-WEN sponsors

shall provide information (including, educational efforts and outreach regarding clean-

burning alternatives to pre-1988 wood stoves and proper operation of the hearth

appliances) and incentives through rebates, discounts, and in some instances, actual

replacement ofpre-1988 wood stoves for Income-Qualified Residential Homeowners, to

encourage residential homeowners to replace their old, higher polluting and less energy

efficient wood stoves (pre-1988 wood stoves) with cleaner burning, more energy efficient

hearth appliances like wood pellet stoves, EPA-certified wood stoves, gas stoves, or

propane stoves.

               c.      Any Wood Stove Replacement Project that JELD-WEN sponsors

shall provide for implementation ofthe project in the affected State, preferably in the

county in which the Facility is located. In determining the specific areas to implement

any such Project, JELD-WEN shall give priority to the county in which the Facility is

located and areas designated as nonattainment for either fine particulate matter (PM2.5)

or ozone.

               d.     Any Wood Stove Replacement Project shall include a program that

is consistent with the materials available on EPA's website at

http://www .epa.goviburnwise/.



                                            33
               e.      JELD-WEN will not receive credit for funds expended or

emissions reduced from wood stove replacement projects which require or encourage the

purchase of JELD-WEN products in order to qualify for a wood stove replacement.

               f.      Any Emission Reduction Plan proposing a Wood Stove

Replacement Project, in addition to meeting the requirements of Paragraph 19 (Emission

Reductions) and Paragraph 23 (Emission Reduction Plan), shall:

                       i.     Identify the air pollution control agency(ies) and/or non-

profit(s) selected to implement the Wood Stove Replacement Project.

                       ii.    Describe the schedule and budgetary increments in which

JELD-WEN shall provide the necessary funding to the air pollution control agency(ies)

and/or non-profits(s) to implement the Wood Stove Replacement Project.

                       iii.   Ensure that the air pollution control agency(ies) and/or non-

profit(s) will implement the Wood Stove Replacement Project in accordance with the

requirements of this Paragraph, and that the money spent will be used to support the

actual replacement of pre-1988 wood stoves currently used as the primary or secondary

source of residential heat with a cleaner burning, more energy efficient hearth appliance

(i.e., wood pellet stove, EPA-certified wood stove,gas stove, or propane stove).

                      iv.     Describe all of the elements of the Wood Stove

Replacement Project that the air pollution control agency(ies) and/or non-profit(s) will

implement, including the type and amount of the incentive that will be made available to

residential homeowners through the Wood Stove Replacement Project, including the

criteria for determining which residential primary homeowner will be eligible for

replacement of a pre-1988 wood stove. If JELD-WEN proposes to fund the actual

                                            34
replacement of a pre-1988 wood stove for income-qualified residential homeowners,

JELD-WEN shall describe the approximate number of energy efficient hearth appliances

it intends to make available, the cost per unit, and the general criteria the air pollution

control agency(ies) and/or nonprofit(s) will use to determine which residential

homeowners should be eligible for actual stove replacement.

                        v.     Ifapplicable, identify any organizations with which the air

pollution control agency(ies) and/or non-profit(s) will partner to implement the Project,

including such organizations as: the Hearth, Patio, and Barbecue Association of America,

the Chimney Safety Institute of America, a local chapter of the American Lung

Association, Tribal organizations, individual stove retailers, propane dealers, facilities

that will dispose of old stoves so that they cannot be resold or reused, housing assistance

agencies, local fire departments, local health organizations, and local green energy

organizations.

                       g.      Describe how the air pollution control agency(ies) and/or

non-profit(s) will ensure that the pre-1988 wood stoves will be properly recycled or

disposed.

       23.       Emission Reduction Plan

                 a.    For each Facility, within 180 days of the Effective Date of this

Consent Decree, JELD-WEN shall submit an Emission Reduction Plan to EPA and the

relevant State for review and comment.

                 b.    Each Emission Reduction Plan shall contain at a minimum:

                       i.      A detailed description of each emission reduction measure

on which JELD-WEN is seeking to rely to meet the requirements of Paragraph 19

                                             35
(Emissions Reductions), the method for measuring reductions, a detailed explanation of

the anticipated amount of emission reduction as a result of each such emission reduction

measure, and a detailed explanation of the anticipated total amount of emission

reductions from all such measures to ensure emission reductions as required by Paragraph

19 (Emissions Reductions).

                       ii.     Detailed documentation establishing that JELD-WEN's

emission reduction projects give priority to projects as required by Paragraph 20

(Selecting Emission Reductions Projects).

                       iii.    Sufficient information for EPA and the affected State to

determine whether the requirements of this Paragraph and Paragraphs 19 (Emission

Reductions), 20 (Selecting Emission Reductions Projects); 21 (Diesel School Bus

Retrofit Projects); and 22 (Wood Stove Replacement Projects) are satisfied.

                       iv.     A schedule for the implementation of each emission

reduction measure to ensure that the emission reductions required by Paragraph 19.a.

(Emission Reductions) are achieved within thirty months of the Effective Date;

                       v.     A proposed format for reporting the emission reductions for

each Facility to EPA and the appropriate State on a quarterly basis in accordance with

Paragraph 29 (Quarterly Reports). Such proposed quarterly report format, shall, at a

minimum, identifY: the total emission reductions obligations accrued to date; the total

emission reductions achieved in the past quarter, in the past 12 months, and since the

·Effective Date; the amount of money expended on emission reduction projects in the past

quarter, the past 12 months, and since the Effective Date; the location or locations in

which the emission reductions occurred; the method for measuring emission reductions;

                                            36
and the method for reporting the amount of emissions reduction which have been

obtained by each emission reduction measure, including an identification of the

methodology used to sUPP9rt a claim of emission reductions.

                 c.    Review and implementation of each Emission Reduction Plan shall

be governed by Paragraph 32 (Approval and Implementation of Deliverabies).

                 d.    At any time, JELD-WEN may submit a request to modify or

change any Emission Reduction Plan. Review and implementation of each request for

modification shall be governed by Paragraph 32 (Approval and Implementation of

Deliverables).

       24.       Final MACT Requirements

                 a.    Within thirty months of the Effective Date, and continuously

thereafter, JELD-WEN shall achieve compliance with Initial MACT Requirements or

Initial Equivalency by Permit as applicable to each Process Unit. For each Facility,

JELD-WEN shall notify EPA and the applicable State in writing within 30 days of when

the Facility achieves compliance with Initial MACT Requirements or Initial Equivalency

by Permit, as applicable.

                 b.    No later than thirty-six months from the Effective Date, except as

otherwise provided in Paragraph 25.g. (Equivalency by Permit), and continuously

thereafter, at each Process Unit at each Facility, JELD-WEN shall achieve compliance

with Final MACT Requirements.




                                            37
        25.      Equivalency by Permit

                 a.    JELD-WEN may seek to obtain MACT Equivalent Permit Terms

for any Facility except the White Swan Facility through the equivalency-by-permit

process set out in 40 C.F.R. § 63.94 so long as each of the following conditions are met:

                       i.       For each Facility for which JELD-WEN intends to seekto

obtain MACT Equivalent Permit Terms, JELD-WEN has complied with the requirements

of Paragraph 26 (Initial Compliance Plans) for that Facility;

                       ii.      The relevant State either (1) has obtained up-front approval

pursuant to 40 C.F.R. § 63.94 no later than 120 calendar days from the Effective Date, or

(2) in its unreviewable discretion has determined it appropriate to consider issuing

MACT Equivalent Permit Terms and has within 120 calendar days following the

Effective Date, applied for up-front approval pursuant to 40 C.F.R. § 63.94;

                       iii.     EPA has, in accordance with 40 C.F.R. § 63.94(a),

approved the relevant State's application within ten months following the Effective Date;

                       iv.      The relevant State has submitted pre-draft terms and

conditions no later than eighteen months after the Effective Date; and

                       v.       JELD-WEN has submitted a Final Compliance Plan: (1) for

the North Carolina Facility within twelve months ofthe Effective Date and (2) for any

Facility other than the North Carolina Facility two months following the relevant State's

receipt of up-front approval.

                 b.    Any MACT Equivalent Permit Terms shall, at a minimum, require

the following:



                                             38
                       i.      all compliance options, operating requirements, and work

practice requirements to be in effect within thirty months after the Effective Date;

                       ii.     that JELD-WEN install and operate Add-on Control

Systems and/or undertake process changes that result in a reduction of 90% of HAPs

emitted from each Process Unit at such Facility compared to the baseline numbers set

forth in Table 4 of this Paragraph. The 90% reduction can be achieved through HAP

reductions at any equipment within the affected source as long as that equipment is not

subject to a national emissions standard for hazardous air pollutants other than 40 C.F.R.

Subpart DDDD as of the Effective Date.

                               Table 4: Baseline Emissions
                               Press Vent Emissions        Dryer Emissions
                               Total HAP (lblMftI\2-l/8") Total HAP (lb/ODT)
        Iowa-Interior Press               0.444                    nla
        Iowa-Exterior Press               0.739                    nla
        Iowa-Dryer                         nla                    0.73
        North Carolina                    0.310                   1.04
        West Virginia                     0.573                   1.02
        Washington                        0.525                   1.03

                       iii.   compliance with all other MACT equivalent proposed pre-

draft permit terms and conditions as if the "compliance date" as defined in 40 C.F.R. §

63.2 and the compliance date requirements set forth in 40 C.F.R. § 63.2233(b) is the date

that occurs thirty months after the Effective Date, rather than October 1, 2007.

               c.      Each State to which JELD-WEN submits an Equivalency By

Permit Final Compliance Plan shall review such plan and may submit proposed pre-draft

terms and conditions to EPA in accordance with 40 C.F.R. § 63.94(c)(1).

               d.     Upon receipt ofa State's pre-draft terms and conditions and EPA's

determination that it has sufficient information to determine whether the pre-draft terms
                                            39
and conditions satisfy the requirements of 40 C.F.R. § 63.94, EPA shall review the

State's pre-draft terms and conditions in accordance with 40 C.F.R. § 63.94(c).

               e.      In the event that EPA approves the pre-draft terms and conditions

for a Facility, the State in which that Facility is located shall incorporate such approved

terms and conditions into a Title V permit in accordance with 40 C.F.R. 63.94(e). Upon

EPA's approval the pre-draft terms and conditions shall be known as "alternative Title V

permit terms and conditions."

               f.      After EPA's approval of alternative Title V permit terms and

conditions for a Facility, JELD-WEN shall come into compliance with those terms and

conditions, and report to EPA and the affected State when it has achieved compliance

with the operating parameters and permit terms and conditions. Thereafter, until the

alternative Title V permit terms and conditions become MACT Equivalent Permit Terms,

JELD-WEN shall comply with the alternative Title V permit terms and conditions.

               g.      If any single one of the conditions set forth in subparagraph a is

not met for any Facility or in the event that EPA disapproves a State's proposed

alternative Title V permit terms and conditions for a Facility, JELD-WEN shall amend its

Final Compliance Plan for that Facility within 30 days of the condition not being met or

EPA's disapproval, as applicable. The amended Final Compliance Plan shall contain all

of the information required by Paragraph 27.a. and 27.b. (Final Compliance Plans) and

provide a schedule to achieve compliance with the MACT within 12 months from the

date on which the condition was not met or EPA disapproved the proposed alternative

Title V permit terms and conditions for that Facility, as appropriate. Review and



                                            40
implementation of each amended Final Compliance Plan shall be governed by Paragraph

32 (Approval and Implementation of Deliverables).

        26.        Initial Compliance Plans

                   a.     For each Facility, within 90 days of the Effective Date of this

Consent Decree, JELD-WEN shall submit an Initial Compliance Plan to EPA and the

relevant State in accordance with Paragraph 7 (Notices).

                   b.     Each Initial Compliance Plan shall contain, at a minimum:

                          i.     An identification of all Process Units subject to the MACT

at the Facility;

                          ii.    An identification and detailed description of all

technologies (e.g., add-on control systems and/or production-based techniques) identified

as of the date of submission of the Initial Compliance Plan that JELD-WEN has

evaluated, is evaluating or intends to evaluate for potential use in achieving compliance

with this Consent Decree, including any anticipated changes to emissions of any criteria

pollutant or HAP which JELD-WEN is seeking to achieve through the MACT Equivalent

Permit Term;

                          iii.   For each Facility for which JELD-WEN intends to achieve

compliance with Final MACT Requirements by complying with the MACT, a proposed

detailed schedule which is consistent with, and ensures compliance with, each applicable

requirement set forth in the MACT, including but not limited to each notification, testing

and reporting requirement and the terms of this Consent Decree;

                         iv.     For each Facility for which JELD-WEN intends to achieve

compliance with Final MACT Requirements by complying with MACT Equivalent Title

                                               41
V Permit Terms, a proposed detailed schedule for submitting all proposed pre-draft

permit terms and conditions and all other information required pursuant to 40 C.F.R. §

63 .94(d) within the timeframes specified by the Consent Decree, and any other

information required pursuant to this Consent Decree; and,

                       v.      A proposed deadline, consistent with the terms of this

Consent Decree, for submitting a Final Compliance Plan for each Facility in accordance

with Paragraph 27 (Final Compliance Plans).

               c.      The Initial Compliance Plan shall represent JELD-WEN's best

estimate and intent at the time it submits the Plan. Subject to the requirements and

conditions set forth in Paragraph 24 (FinalMACT Requirements); Paragraph 25

(Equivalency by Permit), and Paragraph 27 (Final Compliance Plans), JELD-WEN may

propose plans, schedules, or compliance options in its Final MACT Compliance Plan that

differ from those plans, schedules, or compliance options identified in its Initial

Compliance Plan.

               d.      Review and implementation of each Initial COrripliance Plan shall

be governed by Paragraph 32 (Approval and Implementation of DeliverabIes).

       27.     Final Compliance Plans

               a.      In accordance with the approved schedule set forth in each Initial

Compliance Plan or as otherwise required by this Consent Decree, JELD-WEN shall

submit to EPA and the relevant State for review and approval a Facility-specific Final

Compliance Plan. Each Final Compliance Plan shall be consistent with the MACT and

ensure compliance with Final MACT Requirements in accordance with the requirements

of this Consent Decree. Each Final Compliance Plan shall also set forth a detailed

                                             42
schedule for providing EPA and the relevant State with all information necessary to

determine whether JELD-WEN has achieved timely compliance with Final MACT

Requirements as required by this Consent Decree.

                b.     For each Facility for which JELD-WEN intends to achieve Final

MACT Requirements by complying with the MACT, the Final Compliance Plan shall

also, at a minimum:

                       i.         Identify the Final MACT Requirements option for each

Process Unit at sucp. Facility;

                       ii.        Contain a detailed description of each technology JELD-

WEN will be using at that Facility to achieve compliance with Final MACT

Requirements;

                       iii.       Contain a detailed final schedule to complete all actions

necessary to achieve compliance with Paragraph 24 (Final MACT Requirements) at such

Facility within thirty-six months after the Effective Date; and

                       iv.        Contain a detailed schedule for meeting all testing and

notification requirements set forth in the MACT, within thirty-six months after the

Effective Date, and for providing EPA and the relevant State with all information

necessary to determine JELD-WEN's compliance with the MACT within thirty-six

months after the Effective Date.

                c.     For each Facility for which JELD-WEN intends to achieve

compliance with Final MACT Requirements by obtaining MACT Equivalent Permit

Terms, the Final Compliance Plan shall also, at a minimum:



                                               43
                       i.       Identify the proposed MACT equivalent pre-draft permit

terms and conditions and all other information required pursuant to 40 C.F.R. § 63 .94(d)

and this Consent Decree;

                      ii.       Contain a detailed description of each Add-On Control

System and/or each process change that JELD-WEN intends to install, or make, in order

to achieve compliance with Final MACT Requirements at such Facility; adequate

information necessary for EPA and the State to determine whether or not the proposed

system(s) and process change(s) will result in compliance with the requirements of

Paragraph 24.h. (Equivalency by Permit); and, a detailed proposed schedule for

installing, testing and operating each·such proposed system, implementing each such

process change and demonstrating compliance with Paragraph 24 (Final MACT

Requirements);

                      iii.      Identify any requirements set forth in the MACT that

JELD-WEN deems not applicable, or not relevant, and is not reflected in any pre-draft

permit term or condition; and

                      iv.       For each Add-On Control Technology and/or process

change, provide a detailed description of each technology or methodology, including all

operating requirements, test methods and procedures, work practice requirements and

compliance demonstrations necessary to determine the extent to which each proposed

permit term or condition meets the requirements set forth in 40 C.F.R. § 63.94(d).

               d.     Review and implementation of each Final MACT Compliance Plan

shall be governed by Paragraph 32 (Approval and Implementation of DeliverabIes).



                                             44
         28.       Final NSR Requirements

                   a.    JELD-WEN shall submit a complete application for a non-Title V

operating permit pursuant to 40 C.F.R. §§ 49.11106(k) and 49. 139(b)(I)(ii) to EPA

Region 10 to make the limitations contained in Attachment A federally-enforceable

limitations. If the White Swan Facility has restarted operation prior to the Effective Date,

JELD-WEN shall submit this application within 180 days of the Effective Date. If the

White Swan Facility has not restarted operation on or before the Effective Date, JELD-

WEN shall submit this application within three months prior to restart of the White Swan

Facility. The application shall include the information required by. 40 C.F.R. § 49.139(d).

This Consent Decree serves as notice from the Region 10 Regional Administrator as

provided in 40 C.F.R. § 49.139(e)(l) that additional federally-enforceable requirements

on the White Swan, Washington Facility are necessary to ensure compliance with the

applicable implementation plan.

               b.        Following submission of a complete permit application for the

White Swan Facility pursuant to this Paragraph, JELD-WEN shall cooperate with EPA in

issuance of the permit, including promptly submitting all information requested by EPA.

               c.        Upon restart of the White Swan Facility, and until the permit

required by this Paragraph is issued and in effect, JELD-WEN shall comply with the

requirements of Attachment A.

               d.        Upon issuance of the non-Title V operating permit required by this

Paragraph, JELD-WEN shall file any applications necessary to incorporate the

requirements of such non-Title V operating permit into the Title V permit for the White

Swan Facility. \

                                             45
                e.      This Consent Decree shall not terminate with respect to the White

Swan Facility until the required permits are issued in accordance with federal

requirements for issuing, modifying, or renewing a Title V permit or non-Title V permit.

                f.      If JELD-WEN seeks to restarts the White Swan Facility after May

31, 2011, at least 180 days before such restart, JELD-WEN shall submit a report

demonstrating that the shutdown of that Facility was temporary under the criteria set

forth in the September 6, 1978 Memorandum from the Director of the Division of

Stationary Source Enforcement to Stephen A. Dvorkin and associated memoranda

located at http://www.epa.gov/region7/programs/artdiair/nsr/nsrmemos/bab1n2 2.pdf.

EPA shall review and approve or disapprove JELD-WEN's report pursuant to Paragraph

32 (Approval and Implementation of DeliverabIes). If EPA disapproves the report,

JELD-WEN shall not restart the White Swan Facility until it has obtained all permits

required by the Clean Air Act and the Federal Implementation Plan.

        29.    Quarterly Reports.

               a.      Within 30 Days after the end of each calendar year quarter (i.e., on

or before April 30th, July 30th, October 30th, and January 30th) after the Effective Date

until termination of this Consent Decree pursuant to Paragraph 9 (Termination), for each

Facility, JELD-WEN shall submit by email (with a simultaneous hard copy by mail) a

report for the preceding quarter that shall include:

                       i.      a progress report on the implementation of the requirements

of Paragraph 18 (Interim Emissions Limits), including (A) copies of reports for emission

testing completed during the quarter; (B) a report of any deviations from any operating

parameter, including the time such deviation occurred; and (C) any time when any

                                             46
relevant monitoring system was not operational or out-of-control. Such reporting shall be

consistent with the requirements of 40 C.F.R. § 63.228 1(d) and (e);

                       ii.    a report on compliance with the requirements of Paragraphs

17 (Resin Switch);

                       iii.   a report on the implementation of the requirements of

Paragraph 26 (Initial Compliance Plan) and Paragraph 27 (Final Compliance Plans),

including progress toward milestones identified in those plans;

                       iv.    a report on the implementation of the requirements of

Paragraphs 19 (Emission Reductions) and 23 (Emission Reduction Plan), including

copies of any reports for emission testing completed during the quarter or operating

parameter data relating to any established operating parameters the information required

by and in the format provided by any approved Emission Reduction Plan;

                      v.      a report on the implementation of and compliance with the

requirements of Paragraph 28 (Final NSR Requirements), including the date of restart of

the White Swan Facility, the date of submission of any required permit application, and

deviation from compliance with any emission limitations in Attachment A.

                      vi.     a description of any problems encountered or anticipated

with respect to meeting any of the requirements of Section III (Compliance

Requirements); and

                      vii.    any such additional matters as JELD-WEN believes should

be brought to the attention of EPA and the applicable State.

               b.     Each quarterly report shall also include a description of any non-

compliance with the requirements of this Consent Decree and an explanation of the

                                           47
violation's likely cause and of the remedial steps taken, or to be taken, to prevent or

minimize such violation.

               c.      JELD-WEN's obligation to submit a Quarterly Report pursuant to

this Paragraph shall terminate as to any Facility upon termination of this Decree as to that

Facility pursuant to Paragraph 9 (Termination).

       30.     Non-Compliance Reporting.

               a.      If JELD-WEN violates, or has reason to believe that it may violate,

any requirement of this Consent Decree, JELD-WEN shall notify the United States and

any affected State of such violation and its likely duration, in writing (which may be

transmitted via email, with 'simultaneous copy by mail), within fourteen (14) working

Days of the Day JELD-WEN first becomes aware of the violation, with an explanation of

the violation's likely cause(s) and ofthe remedial steps taken, or to be taken, to prevent

or minimize future occurrences and the duration and magnitude of such violation(s). If

the cause of a violation cannot be fully explained at the time the report is due, JELD-

WEN shall so state in the report. JELD-WEN shall investigate the cause of the violation

and shall then submit an amendment to the report, including a full explanation of the

cause of the violation, within 30 Days of the Day JELD-WEN becomes aware of the

cause ofthe violation. Nothing in this Paragraph relieves JELD-WEN of its obligation to

provide the notice required by Section VI (Force Majeure).

               b.      Whenever any violation of this Consent Decree or any other event

affecting JELD-WEN's performance under this Consent Decree, or the performance of

any Facility, may pose an imminent and substantial endangerment to the public health or

welfare or the environment, JELD-WEN shall notify EPA and any affected State orally or

                                            48
by electronic or facsimile transmission as soon as possible, but no later than 24 hours

after JELD-WEN first knew of the violation or event. This procedure is in addition to the

requirements set forth in subparagraph a (Non-Compliance Reporting).

        31.     Verification of Reports.

                a.      Each report submitted by JELD-WEN under this Section shall be

signed by an official of the submitting party and include the following certification:

        I certify under penalty of law that this document and all attachments were
        prepared under my direction or supervision in accordance with a system
        designed to assure that qualified personnel properly gather and evaluate
        the information submitted. Based on my inquiry ofthe person or persons
        who manage the system, or those persons directly responsible for
        gathering the information, the information submitted is, to the best of my
        knowledge and belief, true, accurate, and complete. I am aware that there
        are significant penalties for submitting false information, including the
        possibility of fine and imprisonment for knowing violations.

Where notification is required by email, a scanned copy ofthe signed certification

will comply with this requirement.

                b.     The reporting requirements of this Consent Decree do not relieve

JELD-WEN of any reporting obligations required by the Clean Air Act or implementing

regulations, or by any other federal, state, or local law, regulation, permit, or other

requirement.

               c.      Any information provided pursuant to this Consent Decree may be

used by the United States and any State in any proceeding to enforce the provisions of

this Consent Decree and as otherwise permitted by law.

       32.     Approval and Implementation of Deliverabies.

               a.      After review of any plan,report, or other item that is required to be

submitted pursuant to this Consent Decree, EPA shall, after consultation with the affected

                                             49
State or States: a) approve the submission; b) approve the submission upon specified

conditions; c) approve part of the submission and disapprove the remainder; or d)

disapprove the submission. Such approval or disapproval shall be provided in writing

and shall articulate the basis for EPA's decision.

                b.        At any time during its review of a plan, report, or other item that is

required to be submitted pursuant to this Consent Decree, EPA, for itself or on behalf of

any State, may request additional information from JELD-WEN to assist EPA or the

states in their review.

                c.        If the submission is approved in whole pursuant to this Paragraph,

JELD-WEN shall take all actions required by the plan, report, or other document, in

accordance with the schedules and requirements of the plan, report, or other document, as

approved.

                d.        If the submission is conditionally approved or approved only in

part, pursuant to this Paragraph, JELD-WEN shall, upon written direction from EPA take

all actions required by the approved plan, report, or other item that EPA after consultation

with the affected State or States determines are technically severable from any

disapproved portions, subject to JELD-WEN's right to dispute only the specified

conditions or the disapproved portions, under Section VII (Dispute Resolution).

               e.         If the submission is disapproved in whole or in part, pursuant to

this Paragraph, JELD-WEN may request a meeting with the United States or, if both

Parties agree, schedule a conference call, within 30 days or such other time as the Parties

agree to in writing, to discuss the disapproved portions of the submission.



                                               50
                f.      JELD-WEN shall, within 45 Days of such a meeting or conference

call, or such other time as the Parties agree to in writing, correct all deficiencies and

resubmit the plan, report, or other item, or disapproved portion thereof, for approval, in

accordance with this Paragraph, unless JELD-WEN indicates within that 45 days that it

intends to invoke the Dispute Resolution procedures. If JELD-WEN's resubmission is

approved in whole or in part, JELD-WEN shall proceed in accordance with the

provisions of subparagraph c or d, as applicable.

                g.      Any stipulated penalties applicable to JELD-WEN's original

submission, as provided in Section VII (Dispute Resolution), shall begin to accrue the

day following the filing of JELD-WEN's original submission, but shall not be payable

unless JELD-WEN's resubmission is untimely filed, or the original submission is

disapproved because it is so deficient as to constitute a material breach of JELD-WEN's

obligations under this Consent Decree.

                h.      If a resubmitted plan, report, or other item, or portion thereof, is

disapproved in whole or in part, EPA after consultation with the affected State or States

may again require JELD-WEN to correct any deficiencies, in accordance with this

Paragraph, or may itself correct any deficiencies, subject to JELD-WEN's right to invoke

Dispute Resolution and the right of EPA and the affected State or States to seek

stipulated penalties. If EPA, after consultation with the affected State or States,

determines that a resubmitted plan, report, or other item, or portion thereof, is materially

inadequate, EPA may deem that JELD-WEN has failed to timely submit the required

plan, report, or other item.



                                              51
IV.          EFFECT OF SETTLEMENT

             33.     EffeCt of Settlement. This Consent Decree resolves the civil claims of the

      United States and the States for the violations alleged in the Complaint filed in this action

      through the Date of Lodging.

             34.     Reservation of Rights.

                     a.      The United States and the States reserve all legal and equitable

      remedies available to enforce the provisions of this Consent Decree, except as expressly

      stated in Paragraph 33 (Effect of Settlement).

                     b.      This Consent Decree shall not be construed to limit the rights of

  the United States or the States to obtain penalties or injunctive relief under the Act or

  implementing regulations, or under other federal or state laws, regulations, or permit

  conditions, except as expressly specified in Paragraph 33 (Effect of Settlement).

                     c.      The United States and the States further reserve all legal and

  equitable remedies to address any imminent and substantial endangerment to the public

  health or welfare or the environment arising at, or posed by, any Facility, whether related

  to the violations addressed in this Consent Decree or otherwise.

             35.     Waiver of Defenses. In any subsequent administrative or judicial

  proceeding initiated by the United States or any State for injunctive relief, civil penalties,

  other appropriate relief relating to any Facility, JELD-WEN shall not assert, and may not

  maintain, any defense or claim based upon the principles of waiver, res judicata,

  collateral estoppel, issue preclusion, claim preclusion, claim-splitting, or other defenses

  based upon any contention that the claims raised by the United States or any State in the

  subsequent proceeding were or should have been brought in the instant case, except with

                                                  52
respect to claims that have been spe.cifically resolved pursuant to Paragraph 33 (Effect of

Settlement).

        36.    Limitations on Effect of Decree

               a.      This Consent Decree is not a permit, or a modification of any

permit, under any federal, State, or local laws or regulations. JELD-WEN is responsible

for achieving and maintaining complete compliance with all applicable federal, State, and

local laws, regulations, and permits; and JELD-WEN's compliance with this Consent

Decree shall be no defense to any action commenced pursuant to any such laws,

regulations, or permits, except as set forth herein and JELD-WEN shall obtain all

required federal, state, and local permits required for performing any compliance

obligation under this Consent Decree. The United States and the States do not,by their

consent to the entry of this Consent Decree, warrant or aver in any manner that JELD-

WEN's compliance with any aspect of this Consent Decree will result in compliance with

provisions of the Clean Air Act or with any other provisions of federal, State, or local

laws, regulations, or permits.

               b.      Nothing in this Consent Decree shall require a State to submit to

EPA a request for up-front approval pursuant to 40 C.F.R. § 63.94 to implement terms

and conditions in Title V permits in lieu ofthe requirements of the MACT for a source

category that includes the Facility in that State. Nothing in this Consent Decree is

intended to alter or limit the application of future amendments to the MACT to any

Facility, nor is it intended to limit or remove any need to modify or amend any MACT

Equivalent Permit Term to meet the requirements of such future amendments.



                                            53
                    c.      This Consent Decree does not limit or affect the rights of JELD-

     WEN or of the United States or the State against any third parties, not party to this

     Consent Decree, nor does it limit the rights of third parties, not party to this Consent

     Decree, against JELD-WEN, except as otherwise provided by law.

                    d.      This Consent Decree shall not be construed to create rights in, or

     grant any cause of action to, any third party not party to this Consent Decree.

v.          STIPULATED PENALTIES

            37.     Stipulated Penalties. JELD-WEN shall be liable for stipulated penalties to

 the United States and the States for violations of this Consent Decree as specified below,

     unless excused under Section VI (Force Majeure). A violation includes failing to

     perform any obligation required by the terms of this Consent Decree, including any work

 plan or schedule approved under this Consent Decree, according to all applicable require-

 ments of this Consent Decree and within the specified time schedules established by or

 approved under this Consent Decree.

            38.     Payment of Stipulated Penalties.

                    a.      JELD-WEN shall pay any stipulated penalties due under this

 Consent Decree in the following manner:

                            i.     For violations at the Washington Facility, JELD-WEN shall

 pay the entire amount due to the United States in accordance with the procedures outlined

 in Paragraph 15.a. (Payment to the United States), except that the transmittal letter shall

 state that the payment is for stipulated penalties and shall state for which violation(s) the

 penalties are being paid.



                                                  54
                        ii.     For violations at any Facility other than the Washington

Facility, JELD-WEN shall pay half of the amount due tothe United States in accordance

with the procedures outlined in Paragraph 15.a. (Payment to the United States), except

that the transmittal letter shall state that the payment is for stipulated penalties and shall

state for which violation(s) the penalties are being paid, and shall pay the remaining half

of the amount due to the state in which the Facility is located in accordance with the

applicable provisions of Paragraph 16 (Payments to the States).

                b.      JELD-WEN shall pay stipulated penalties to the United States and

affected State within 30 Days of a written demand by the United States or the affected

State. The party making the demand for stipulated penalties shall simultaneously send a

copy of the demand to all other Plaintiffs.

               c.      Except as expressly provided elsewhere in this Consent Decree,

stipulated penalties shall begin to accrue on the Day after performance is due or on the

Day a violation occurs, whichever is applicable, and shall continue to accrue until

performance is satisfactorily completed or until the violation ceases. Stipulated penalties

shall accrue simultaneously for separate violations of this Consent Decree.

               d.      If Defendant fails to pay stipulated penalties according to the terms

of this Consent Decree, Defendant shall be liable for interest on such penalties, as

provided for in 28 U.S.c. § 1961, accruing as ofthe date payment became due. Nothing

in this Paragraph shall be construed to limit the United States or any State from seeking

any remedy otherwise provided by law for Defendant's failure to pay any stipulated

penalties.



                                              55
                   e.            Subject to the provisions of Section IV (Effect of Settlement), the

stipulated penalties provided for in this Consent Decree shall be in addition to any other

rights, remedies, or sanctions available to the United States and the States for

Defendant's violation of this Consent Decree or applicable law. Where a violation of this

Consent Decree is also a violation of the MACT or another provision of the Clean Air

Act or related permits, Defendant shall be allowed a credit, for any stipulated penalties

paid, against any statutory penalties imposed for such violation.

       39.         Late Payment of Civil Penalty. IfJELD-WEN fails to pay any civil

penalty required to be paid under Section II (Civil Penalty) when due, JELD-WEN shall

pay a stipulated penalty of$I,OOO per Day for each Day that the payment is late.

       40.           Violation of Emissions Limits. The following stipulated penalties shall

accrue per violation per Day for each violation of the requirements of Paragraph 18

(Interim Emissions Limits) or Paragraph 28 (Final NSR Requirements):

         rp~~~itY·pe~·Vioi~tio~·pe~--ri~Y--- ·TPe~~·ncomplianc~---!
         f                                                                                     i
         t                              .......................................................~
         ! $1,500                                                                             lIst through 14th Day
                                                                                                                      --.---~
         1$3,000                            ............HHHHI15th through 30th Day
         I••.•..••••...•..•...•..•.....•...•..•..........••..•.•...•.•....••...•••...••.....•. i - - - - - - - - - - - - - - 1
         j                                                                                    t--;


         ! $5,000                                                                             ! 31st Day and beyond
         i
         c .................................................•..............................•. !
                                                                                              <-'_ _ _ _ _ _ _ _ _ _ _----1




                                                                                           56
       41.                 Violation of Reporting Requirements. The following stipulated penalties

shall accrue per violation per Day for each violation of the reporting requirements of

Paragraphs 29 (Quarterly Reports) and 30 (Non-Compliance Reporting) of this Consent

Decree:

              Penalty Per Violation Per Day                                                                                                              Period of Noncompliance

              $ 300                                                                                                                                      1st through 14th Day

              $ 1,000                                                                                                                                    15th through 30th Day

              $3,000                                                                                                                                     31 st Day and beyond


       42.                 Violation of Other Requirements of the Decree.

                           a.                          The following stipulated penalties shall accrue per violation per

Day for each violation of the requirements identified in subparagraph b:

          rPenalty Per Violatio~perDaY········rp~ri~d~fNoncompliance
          ~                                                                                   ........................................... ~
          1$1,000                                                                                                                                    lIst through 14th Day
          ,
          £


          1$2,000
          ,
                                                                                              ·········································r15th-illr;ligil-30th              Day-------------1
          ! ____ .. ____ .. ____ •• ____   •• __ H   • • _ _ _ _ • • _ _ _ _ • • _ _ _ _ • • __ " " • • __ H_ • • _ _ _ _ • • _ _ _ _ . , ___ • •
                                                                                                                                                    I
                                                                                                                                                    H_Y_.________ _
                                                                                                                                                                                          !



          I $4,000                                                                                                                                  I 31 st Day and beyond
          !
          t
                                                                                                                                                     i
                                                                                                                                                     ~
          .............................................. _ . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .1--_ _ _ _ _ _ _ _ _ _ _...........




                          b.                           Stipulated penalties set forth in this Paragraph shall apply to all the

requirements of this Consent Decree not subject to stipulated penalties pursuant to

Paragraph 39 (Late Payment of Civil Penalties); 40 (Violation Emissions Limits); or

Paragraph 41 (Violation of Reporting Requirements), including, but not limited to the

requirements of Paragraphs 17 (Resin Switch), 19 (Emission Reductions), 20 (Selecting

Emission Reductions Projects); 21 (Diesel School Bus Retrofit Projects); 22 (Woodstove

Replacement Projects); 23 (Emissions Reduction Plan), 24 (Final MACT Requirements),

                                                                                                                                                    57
25 (Equivalency by Permit); 26 (Initial Compliance Plans), 27 (Final Compliance Plans),

31 (Verification of Reports), and 32 (Approval and Implementation of Deliverables), as

well as any compliance milestones, deadlines, or requirements set forth in any Emission

Reduction Plan, Initial Compliance Plan, or Final Compliance Plan.

               c.      Notwithstanding any other requirement of this Consent Decree,

JELD-WEN shall not be considered in non-compliance with the terms of Paragraph 24.b.

(Final MACT Requirements) and shall not be subject to Stipulated Penalties for violation

of Paragraph 24.b. (Final MACT Requirements) so long as: (i) JELD-WEN continues to

be in compliance with Initial MACT Requirements or Initial Equivalency by Permit as

applicable to each Process Unit; and (ii) for each Process Unit for which JELD-WEN

seeks to comply using MACT Equivalent Permit Terms, JELD-WEN has provided to the

permitting authority all relevant information and documentation necessary for the

permitting authority to complete incorporation of the MACT Equivalent Permit Terms

into the facility's Title V permit, even if the permitting authority has not yet completed

the process of incorporating such terms into the facility's Title V permit.

       43.     Effect of Dispute Resolution. Stipulated penalties shall continue to accrue

as provided in Paragraph 38.c. (Payment of Stipulated Penalties), during any Dispute

Resolution, but need not be paid until the following:

                       a.      If the dispute is resolved by agreement or by a decision of

EPA that is not appealed to the Court, Defendant shall pay accrued penalties determined

to be owing, together with interest, to the United States and the affected State within 30

Days of the effective date of the agreement or the receipt of EPA's decision or order.



                                             58
                              b.      If the dispute is appealed to the Court and the United States

      prevails in whole or in part, Defendant shall pay all accrued penalties determined by the

      Court to be owing, together with interest, within 60 Days of receiving the Court's

      decision or order, except as provided in subparagraph c (Effect of Dispute Resolution),

      below.

                              c.      If any Party appeals the District Court's decision,

      Defendant shall pay all accrued penalties determined to be owing, together with interest,

      within 15 Days of receiving the final appellate court decision.

VI.            FORCE MAJEURE

               44.    Definition of Force Majeure.

                      a.      Force majeure, for purposes of this Consent Decree, is defined as

      any event arising from causes beyond the control of JELD-WEN, of any entity controlled

      by JELD-WEN, or of JELD-WEN's contractors that delays or prevents the performance

      of any obligation under this Consent Decree despite JELD-WEN's best efforts to fulfill

  the obligation.

                      b.      The requirement that JELD-WEN exercise "best efforts to fulfill

  the obligation" includes using best efforts to anticipate any potential force majeure event

      and best efforts to address the effects of any such event (i) as it is occurring and (ii) after

      it has occurred to prevent or minimize any resulting delay to the greatest extent possible.

                      c.      Force Majeure does not include JELD-WEN's financial inability to

  perform any obligation under this Consent Decree.

               45.   Notification Requirement



                                                    59
                a.      If any Force Majeure event occurs or has occurred that may delay

the performance of any obligation under this Consent Decree, JELD-WEN shall provide

notice orally or by electronic or facsimile transmission to John Keenan at

keenan.john@epa.gov or (206) 553-0110 as well as the representative of any affected

State and Region as identified in Paragraph 7 (Notices), within 72 hours of when JELD-

WEN first knew that the event might cause a delay. Failure to comply with the

notification requirements of this Paragraph (Notification Requirements) shall preclude

JELD-WEN from asserting any claim of force majeure for that event for the period of

time of such failure to comply, and for any additional delay caused by such failure.

JELD-WEN shall be deemed to know of any circumstance of which JELD-WEN, any

entity controlled by JELD-WEN, or JELD-WEN's contractors knew or should have

known.

               b.      Within ten days thereafter, JELD-WEN shall provide in writing to

EPA and any affected State or States an explanation and description of the reasons for the

delay; the anticipated duration of the delay; all actions taken or to be taken to prevent or

minimize the delay; a schedule for implementation of any measures to be taken to prevent

or mitigate the delay or the effect of the delay; JELD-WEN's rationale for attributing

such delay to a force majeure event if it intends to assert such a claim; and a statement as

to whether, in the opinion of JELD-WEN, such event may cause or contribute to an

endangerment to public health, welfare or the environment. JELD-WEN shall include

with any notice all available documentation supporting the claim that the delay was

attributable to a force majeure.

       46.     EPA Determination Regarding Force Majeure.

                                             60
               a.      If EPA, after a reasonable opportunity for review and comment by

any affected State or States, agrees that the delay or anticipated delay is attributable to a

force majeure event, the time for performance of the obligations under this Consent

Decree that are affected by the force majeure event will be extended by EPA, after a

reasonable opportunity for review and comment by any affected State or States, for such

time as is necessary to complete those obligations. An extension of the time for

performance of the obligations affected by the force majeure event shall not, of itself,

extend the time for performance of any other obligation. EPA will notifY JELD-WEN in

writing of the length of the extension, ifany, for performance of the obligations affected

by the force majeure event.

               b.      If EPA,. after a reasonable opportunity for review and comment by

the States, does not agree that the delay or anticipated delay has been or will be caused by

a force majeure event, EPA will notifY JELD-WEN in writing of its decision.

               c.      If JELD-WEN elects to invoke the dispute resolution procedures

set forth in Section VII (Dispute Resolution), it shall do so no later than 20 days after

receipt of EPA's final written notice. In any such proceeding, JELD-WEN shall have the

burden of demonstrating by a preponderance of the evidence that the delay or anticipated

delay has been or will be caused by a force majeure event, that the duration ofthe delay

or the extension sought was or will be warranted under the circumstances, that best

efforts were exercised to avoid and mitigate the effects of the delay, and that JELD-WEN

complied with the requirements of this Section. If JELD-WEN carries this burden, the

delay at issue shall be deemed not to be a violation by JELD-WEN ofthe affected

obligation(s) ofthis Consent Decree identified to EPA and the Court.

                                             61
VII.          DISPUTE RESOLUTION

              47.     Applicability of Procedure.

                      a.     Unless otherwise expressly provided for in this Consent Decree,

   the dispute resolution procedures of this Section shall be the exclusive mechanism to

       resolve disputes arising under or with respect to this Consent Decree.

                      b.     JELD-WEN's failure to seek resolution of a dispute under this

       Section shall preclude JELD-WEN from raising any such issue as a defense to an action

   by the United States or any State to enforce any obligation of JELD-WEN arising under

   this Consent Decree.

                      c.     The procedures set forth in this Section shall not apply to actions

   by any Plaintiff to enforce obligations of JELD-WEN that have not been disputed in

   accordance with this Section.

                     d.      The procedures set forth in this Section shall not apply to actions

   taken by the EPA, the United States, or any State pursuant to 40 C.P.R. § 63.94,40

   C.P.R. § 70.7 or their state corollaries. The procedures set forth in this Section shall also

   not apply to any EPA or State decisions pursuant to Paragraphs 25 (Equivalency by

   Permit) and 27.c. (Pinal Compliance Plans).

                     e.      The invocation of dispute resolution procedures under this Section

   shall not, by itself, extend, postpone, or affect in any way any obligation of Defendant

   under this Consent Decree, unless and until final resolution of the dispute so provides.

              48.    Informal Dispute Resolution.

                     a.      Any dispute subject to Dispute Resolution under this Consent

   Decree shall first be the subject of informal negotiations. The dispute shall be considered

                                                    62
to have arisen when JELD-WEN sends the United States and the affected State (or States)

a written Notice of Dispute. Such Notice of Dispute shall state clearly the matter in

dispute. The period of informal negotiations shall not exceed 45 Days from the date the

dispute arises, unless that period is modified by written agreement.

               b.      Ifthe Parties cannot resolve a dispute by informal negotiations,

then the position advanced by the United States, after consultation with the affected State

(or States) shall be considered binding unless, below, within 45 days after the conclusion

ofthe informal negotiation period, JELD-WEN invokes formal dispute resolution

procedures as set forth below.

        49.    Formal Dispute Resolution.

               a.      JELD-WEN shall invoke formal dispute resolution procedures,

within the time period provided in Paragraph 48.b. (Informal Dispute Resolution) by

serving on the United States and the affected State (or States) a written Statement of

Position regarding the matter in dispute. The Statement of Position shall include, but

need not be limited to, any factual data, analysis, or opinion supporting JELD-WEN's

position and any supporting documentation relied upon by JELD-WEN.

               b.      After consultation with any affected State or States, the United

States shall serve its Statement of Position within 45 Days of receipt of JELD-WEN's

Statement of Position. The United States' Statement of Position shall include, but need

not be limited to, any factual data, analysis, or opinion supporting that position and any

supporting documentation relied upon by the United States.




                                            63
               c.      JELD-WEN may, within 30 days of receipt of the United States'

Statement of Position, file a Rely Memorandum, responding to issues raised and

materials relied upon by the United States in its Statement of Position.

               d.      After considering all of JELD-WEN's submissions, the United

States shall meet with JELD-WEN within 30 days of submission of JELD-WEN's Reply

Memorandum, or such other time as agreed upon by the Parties in writing, to discuss any

further concerns or outstanding issues raised by either Party.

               e.      The United States shall issue a Final Decision, which shall be

binding on JELD-WEN, unless JELD-WEN files a motion for judicial review of the

dispute in accordance with Paragraph 50 (Judicial Review).

       50.     Judicial Review.

               a.      JELD-WEN may seek judicial review of the dispute by filing with

the Court and serving on the United States, in accordance with Paragraph 7 (Notices), a

motion requesting judicial resolution of the dispute. The motion must be filed within 45

Days of receipt of the United States' Final Decision pursuant to Paragraph 49.e. (Formal

Dispute Resolution). The motion shall contain a written statement of JELD-WEN's

position on the matter in dispute, including any supporting factual data, analysis, opinion,

or documentation, and shall set forth the relief requested and any schedule within which

the dispute must be resolved for orderly implementation of the Consent Decree.

               b.      After consultation with any affected State or States, the United

States shall respond to JELD-WEN's motion within the time period allowed by the Local

Rules of this Court.



                                            64
               c.      JELD-WEN may file a Reply Memorandum and the United States

and affected State or States may file a surreply to the extent permitted by the Local Rules

of the District of Oregon and the Federal Rules of Civil Procedure.

        51.    Standard of Review

               a.      Except as otherwise provided in this Consent Decree, in any

dispute brought under Paragraph 50 (Judicial Review) pertaining to the adequacy or

appropriateness of plans, procedures to implement plans, schedules or any other items

requiring approval by EPA under this Consent Decree; the adequacy of the performance

of work undertaken pursuant to this Consent Decree; and all other disputes that are

accorded review on the administrative record under applicable principles of

administrative law, JELD-WEN shall have the burden of demonstrating, based on the

administrative record, that the position of the United States is arbitrary and capricious or

otherwise not in accordance with law.

               b.      Except as otherwise provided in this Consent Decree, in any other

dispute brought under Paragraph 50 (Judicial Review), JELD-WEN shall bear the burden

of demonstrating that its position complies with this Consent Decree.



Dated and entered this _ day of _ _ _ _" 2011.




                              UNITED STATES DISTRICT JUDGE

                              District of Oregon

                                             65
WE HEREBY CONSENT to the entry of the Consent Decree in United States, et al. v.
JELD-WEN, Inc., subject to the public comment requirements of28 C.F.R. § 50.7.

FOR THE UNITED STATES OF AMERICA




                                         'IACIAs:MORENO
                                          Acting Assistant Attorney General
                                          Environment & Natural Resources Division
                                         U.S. Department of Justice
                                          Washington, D.C. 20530




                                                      n~"".L>.IlJ,HOCH
                                         Environmental Enforcement Section
                                         Environment & Natural Resources Division
                                         U.S. Department of Justice
                                         P.O. Box 7611
                                         Washington, D.C. 20044-7611




                                       66
WE HEREBY CONSENT to the entry ofthe Consent Decree in United States, et al. v.
JELD-WEN, Inc., subject to the public comment requirements of28 C.F.R. § 50.7.




                                        C

                                                 Enforcement and Compliance
                                        Assurance
                                        U.S. Environmental Protection Agency




lLlsl1I
~
                                        Director, Office of Civil Enforcement
                                        Office of Enforcement and Compliance
                                        Assurance
                                        U.S. Environmental Protection Agency




~II
Date

                                        Director, Air Enfotcement Division
                                        Office of Enforcement and Compliance
                                        Assurance
                                        U.S. Environmental Protection Agency




                                       67
WE HEREBY CONSENT to the entry of the Consent Decree in United States, et al. v.
JELD~WEN, Inc.




3-/7-//
Date                                            A. BENEDICT
                                         Director
                                         Division of Air Quality
                                         West Virginia Department of Environmental
                                         Protection          .




                                       68
WE HEREBY CONSENT to the entry of the Consent Decree in United States, et al. v.
JELD-WEN, Inc.




FOR THE STATE OF IOWA:



                                         DDR.SHERIDA
                                         Assistant Attorney General .
                                         Environmental Law Division
                                         Lucas State Office Building
                                         321 E. 12th Street, Room 018
                                         Des Moines, IA 50319




                                        69
WE HEREBY CONSENT to the entry of the Consent Decree in United States, et al. v.
JELD-WEN, Inc.




ulJ 11
~                                        SHEILA C. HOLMAN
                                         Director
                                         Division of Air Quality
                                         North Carolina Departrnent of Environment
                                            and Natural Resources



                                                North Carolina




                                       70
WE HEREBY CONSENT to the entry of the Consent Decree in United States, et al. v.
JELD-WEN, Inc.

FOR JELD-WEN:




                                          Executive Vice esident &
                                          Chief Admin. Officer
                                          JELD-WEN, Inc.
                                          3250 Lakeport Blvd.
                                          Klamath Falls, OR 97601

Agent Authorized to Accept Service on Behalf of Above-signed Party:


      Name: Claudia M. O'Brien
      Title:  Partner, Latham & Watkins
      Address: 555 11th St. N.W., Ste. 1000"Washington, DC 20004
      Ph. Number: (202)637-2181




                                        71
                               ATTACHMENT A
                   Emission Limitations for White Swan Facility

Emission Unit: Wood-fired Boiler

CO, NOx and VOC: Follow good combustion practices, which shall include:
                        Proper combustion air staging;
                        Installation and use of an excess oxygen monitor to
                        optimize excess air; and
                        Periodic (at least annual) inspection and tuning of the boiler
                        by a qualified boiler technician

PM and PMlO:         Limit emissions to 0.020 gr/dscf @ 7% oxygen, PM measured by
                     Method 5 and oxygen measured by Methods 3, 3A or 3B


Emission Unit: Fuel Oil Boiler

PMandPMlO:           Follow good combustion practices which shall include:
                            Maintaining the proper air/fuel ratio;
                            Using a continuous oxygen monitor;
                            Periodic inspection and maintenance of the burner
                            equipment (fuel pump, nozzles, fans and combustion
                            control instrumentation) by a qualified boiler technician.

                     Use only No.2 fuel oil with ::::;0.05% sulfur by weight

Emission Unit: Line No.1 and Line No.2 Fiber Dryers

PMandPMlO:           Limit emissions to 0.010 gr/dscfas measured by Method 5
                     Install and operate a bag leak detector (ifbaghouse is used to
                     comply with the above limit)

Emission Unit: Line No.1 Former Suction and Main Waste Baghouses; Line No.2
               Former Suction and Main Waste Baghouses; and Sizer Baghouse

PM and PMlO:         Limit emissions to 0.010 gr/dscfas measured by Method 5.
                     Install and operate a bag leak detector on each baghouse.

Emission Unit: Paint Spray Booth

PMandPMlO:           Achieve a control efficiency of at least 97% on the vent from the
                     spray booth.

VOC:                 Use coatings with VOC content less than O.4lbs/gallon of total
                     coating.
                                          72
                   Minimize overspray through the use of:
                         An airless spray gun;
                         A photocell which controls the spray gun to only operate
                         when a door skin is there to be coated; and
                         Recycling of overspray around the edges of the door skin
                         back into the coating supply.

Emission Unit: Truck Dump

PMandPMlO:         Maintain existing three-sided enclosure, partial roof and filter
                   panel; and Operate fan to draw emissions through filter panel

Emission Unit: Paved Roads

PMandPMlO:         Sweep all paved road areas on at least a weekly basis.
                   Visibly inspect all paved roads daily - sweep as necessary.




                                        73

								
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