The community in the shadow of Graphic Packaging International in Kalamazoo

KALAMAZOO, MI -- The Graphic Packaging International factory in Kalamazoo is facing escalated enforcement from the state of Michigan that will include a monetary penalty to resolve, a spokesperson from Michigan’s department of Environment, Great Lakes, and Energy told MLive/Kalamazoo Gazette.

On Thursday, Oct. 6, the Michigan Department of Environment, Great Lakes, and Energy, Air Quality Division initiated an escalated enforcement action for air quality violations at Graphic Packaging in Kalamazoo.

During a recent unannounced inspection and stack testing event in July, several air quality violations were observed, Environment, Great Lakes, and Energy said.

On Sept. 8, the agency issued violation notice to Graphic Packaging for installing equipment different than what was originally permitted, not keeping appropriate records and for failing a stack test.

Related: Graphic Packaging issued emission violations after ‘unannounced’ state inspection

Records showed 37 hours of noncompliance with the limit for nitrogen oxides in the facility’s air permit, according to the September violation.

Low levels of nitrogen oxides in the air can irritate eyes, nose, throat, and lungs, possibly causing a cough and shortness of breath, tiredness, and nausea. Exposure to low levels can also result in fluid build-up in the lungs one or two days after exposure. Breathing high levels of nitrogen oxides can cause rapid burning, spasms, and swelling of tissues in the throat and upper respiratory tract, reduced oxygenation of body tissues, a build-up of fluid in your lungs, and death, the Agency for Toxic Substances and Disease Registry said.

Graphic Packaging told MLive/Kalamazoo Gazette on Oct. 6 that it takes its permit obligations and responsibility as a community partner very seriously and is working with EGLE to bring this matter to a full resolution.

“The issues are largely technical in nature and do not reflect any meaningful increase in emissions to the community,” Graphic Packaging said in a statement.

The company said the exceedance of nitrogen oxides resulted from a temporary malfunction that has been fixed. The company said it notified state regulators of the malfunction.

It is clear there are ongoing issues at Graphic Packaging, Environment, Great Lakes, and Energy Spokesperson Jill Greenberg told MLive/Kalamazoo Gazette on Thursday, Oct. 6.

“In this case, there were repeated violations that led to escalated enforcement to make sure Graphic Packaging complies with rules and regulations,” Greenberg said, and state regulators are considering overall violations and issues at the facility.

The monetary penalty will be determined at a later date, based on several factors, Greenberg said.

When the Air Quality Division enters into an enforcement action, the action typically results in a legally binding agreement between the state and the facility. Those agreements typically include a monetary penalty, a compliance plan and sometimes a Supplemental Environmental Project, the agency said.

The investigation is being handed to the state’s enforcement unit, which will negotiate the agreement that will include terms and conditions Graphic Packaging must abide by. If it does not, the company would be in violation with the agency’s regulations, Greenberg said.

They will have to pay fine to comply with the order, Greenberg said.

“Be advised that failure to respond to this Enforcement Notice in a timely manner and adequately resolve or address the cited violations may result in further enforcement proceedings, including but not limited to, referral of the matter to the Michigan Department of Attorney General for commencement of civil litigation,” the letter addressed to a Graphic Packaging official states.

The notice instructs Graphic Packaging to contact the Air Quality Division Enforcement Unit no later than Wednesday, Oct. 19, to schedule a meeting to discuss the resolution of the matter.

Escalated enforcement actions can take time, the state agency said, and its staff will continue to work to investigate complaints, do regular unannounced inspections and review required monitoring and reports related to actions at Graphic Packaging.

Graphic Packaging International in Kalamazoo on Oct. 6, the day the state announced an escalated enforcement action against the facility.

This is the second escalated enforcement action against the company’s Kalamazoo facility.

The first escalated enforcement action was started on July 8, 2019. After the company conducted an odor investigation study, this enforcement action was restarted on Jan. 22, 2021.

The first enforcement action that started in 2019 will be ready to begin public comment later this fall. Further details on this action and the proposed consent order will be provided as it becomes available, the agency said.

Graphic Packaging makes paper-based packaging for a variety of products including cups, cartons, boxes, and other food containers. The company produces paper material as well as folds and labels the products.

Related: Factory ‘working out kinks’ excluded from drone search for toxic chemicals in Kalamazoo

Michigan Department of Health and Human Services staff has been incorporating information as it comes in over the last several months as state officials work to complete a health consultation related to air quality in the area of Graphic Packaging and the city’s wastewater plant, the agency said in late September.

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