News Releases from Region 10
Recent EPA enforcement cases throughout the Pacific Northwest
Actions finalized in July and August
The following summarize enforcement actions the U.S. Environmental Protection Agency’s Region 10 office completed in July and August of 2019. The concluding legal document(s) typically provide details of the case and are included at the end of each summary. NOTE: Other, larger cases are publicized via stand-alone news releases found on EPA’s website: www.epa.gov.
IDAHO
EPA and Don Hasenoehrl (DJR Farms - Lewiston, ID) resolve violations of the Clean Air Act
On July 30, 2019, EPA Region 10 filed an order against Don Hasenoehrl d/b/a DJR Farms, resolving violations of the Clean Air Act Federal Air Rules for Indian Reservations (FARR). Hasenoehrl violated the general rule for agricultural burning by failing to conduct an agricultural burn in accordance with the terms and conditions of a permit. The violations occurred on the Nez Perce Reservation. Mr. Hasenoehrl agreed to pay a penalty of $1,036. Here's a link to the consent agreement and final order: Don Hasenoehrl d/b/a DJR Farms
EPA and E.B. Meyer Inc., (Emmett, ID) resolve violations of federal pesticides law
On August 7, 2019, EPA Region 10 settled with E.B. Meyer Inc. of Emmett, ID to resolve violations of the Federal Fungicide, Insecticide, and Rodenticide Act when the company failed to file the Pesticide Report for Pesticide-Producing and Device-Producing Establishments (EPA Form 3540-16) for 2016 and 2018. The company agreed to pay a penalty of $300.
Here's a link to the consent agreement and final order: E.B. Meyer Inc.
EPA and Equity Builders of Idaho (Boise) resolve violations of the Lead Renovation, Repair and Painting Rule
On August 7, 2019, EPA Region 10 issued an expedited settlement agreement and final order to Equity Builders of Idaho located in Boise, Idaho, for violations of the Lead Renovation, Repair and Painting Rule. EPA's Lead Renovation, Repair and Painting Rule (RRP Rule) requires that firms performing renovation, repair, and painting projects that disturb lead-based paint in homes, child care facilities and pre-schools built before 1978 have their firm certified by EPA (or an EPA authorized state), use certified renovators who are trained by EPA-approved training providers and follow lead-safe work practices. The EPA alleged that Equity Builders of Idaho failed to become RRP certified prior to performing renovation work on pre-1978 residential properties as required by the RRP Rule. The company agreed to pay a penalty of $200.
Here's a link to the consent agreement and final order: Equity Builders of Idaho, LLC
EPA and Advantage Handy Work LLC (Boise, ID) resolve violations of the Lead Renovation, Repair and Painting Rule
On July 23, 2019, EPA Region 10 issued an expedited settlement agreement and final order to Advantage Handy Work LLC for violations of the Lead Renovation, Repair and Painting Rule occurring in Boise, Idaho. EPA's Lead Renovation, Repair and Painting Rule (RRP Rule) requires that firms performing renovation, repair, and painting projects that disturb lead-based paint in homes, child care facilities and pre-schools built before 1978 have their firm certified by EPA (or an EPA authorized state), use certified renovators who are trained by EPA-approved training providers and follow lead-safe work practices. The EPA alleged that Advantage Handy Work LLC failed to become RRP certified prior to performing renovation work on pre-1978 residential properties as required by the RRP Rule. The company agreed to pay a penalty of $200.
Here's a link to the consent agreement and final order: Advantage Handy Work LLC.
EPA and Westminster II LLC (Boise, ID) resolve violations of the Lead Renovation, Repair and Painting Rule
On July 23, 2019, EPA Region 10 issued an expedited settlement agreement and final order to Westminster II LLC for violations of the Lead Renovation, Repair and Painting Rule occurring in Boise, Idaho. EPA's Lead Renovation, Repair and Painting Rule (RRP Rule) requires that firms performing renovation, repair, and painting projects that disturb lead-based paint in homes, child care facilities and pre-schools built before 1978 have their firm certified by EPA (or an EPA authorized state), use certified renovators who are trained by EPA-approved training providers and follow lead-safe work practices. The EPA alleged that Westminster II LLC failed to become RRP firm certified prior to performing renovation work on pre-1978 residential properties as required by the RRP Rule. The company agreed to pay a penalty of $1,000.
Here's a link to the consent agreement and final order: Westminster II LLC.
EPA and Western Idaho Builders (Caldwell, ID) resolve violations of the Lead Renovation, Repair and Painting Rule
On July 10, 2019, EPA Region 10 issued an expedited settlement agreement and final order to Western Idaho Builders for violations of the Lead Renovation, Repair and Painting Rule occurring in Boise, Idaho. EPA's Lead Renovation, Repair and Painting Rule (RRP Rule) requires that firms performing renovation, repair, and painting projects that disturb lead-based paint in homes, child care facilities and pre-schools built before 1978 have their firm certified by EPA (or an EPA authorized state), use certified renovators who are trained by EPA-approved training providers and follow lead-safe work practices. The EPA alleged that Western Idaho Builders failed to become RRP firm certified prior to performing renovation work on pre-1978 residential properties as required by the RRP Rule. The company agreed to settle and pay a penalty of $1,000. Here's a link to the consent agreement and final order: Western Idaho Builders
OREGON
EPA and Western Ag Improvement Inc. (Hood River, OR) resolve violations of federal pesticides law
On August 14, 2019, EPA Region 10 settled with Western Ag Improvement, Inc. of Hood River, Oregon for a violation of the Federal Fungicide, Insecticide, and Rodenticide Act when it failed to file the Pesticide Report for Pesticide-Producing and Device-Producing Establishments by the reporting deadline in 2017 and 2018. Reports are due by March 1 of each year. Western Ag agreed to pay a penalty of $500. Here's a link to the consent agreement and final order: Western Ag Improvement, Inc.
EPA and Calbee North America, LLC (Boardman, OR) resolve violations of the Clean Air Act
On August 16, 2019 EPA Region 10 filed an expedited settlement agreement which both initiated and concluded an administrative action against Calbee North America, LLC for violations of CAA § 112(r) risk management program requirements. The Region alleged that Calbee North America, LLC failed to update their risk management plan at least every five years required in 40 CFR Part 68. Updated plans provide important information to emergency responders and planners that include accurate chemical quantities, emergency contacts and demonstrate operation and maintenance of the facility. The violation has been corrected. Under the terms of the agreement, the company paid a penalty of $1,200. Here's a link to the consent agreement and final order: Calbee North America, LLC.
EPA and Alpenrose Dairy, Inc. (Portland, OR) resolve violations of the Clean Air Act
On July 11, 2019 EPA Region 10 filed an expedited settlement agreement which both initiated and concluded an administrative action against Alpenrose Dairy, Inc. for violations of CAA § 112(r) risk management program requirements. The Region alleged that BP Alpenrose Dairy, Inc. failed to update their risk management plan at least every five years required in 40 CFR Part 68. Updated plans provide important information to emergency responders and planners that include accurate chemical quantities, and emergency contacts, and demonstrate operation and maintenance of the facility. The violation has been corrected. Under the terms of the agreement, the company paid a penalty of $2,000. Here's a link to the consent agreement and final order: Alpenrose Dairy, Inc.
EPA Issues Safe Drinking Water Act order to BIA to fix drinking water system problems at Chemawa Indian School Public Water System (Salem, OR)
On July 1, 2019, EPA Region 10 issued a compliance order under the Safe Drinking Water Act requiring the Bureau of Indian Affairs to take action to address high copper levels in the drinking water at their BIA Chemawa Indian School Public Water System. The system serves approximately 400 resident boarding students from various tribes, plus 150 staff and the approximately 30,000 patients seen annually at the Chemawa Indian Health Center, a center run by the U.S. Indian Health Service. The order requires the BIA to submit an optimal corrosion control treatment recommendation for EPA approval. After approval, BIA will have 24 months according to the Lead and Copper rule to install the EPA approved corrosion control treatment. A copy of the order is available upon request.
WASHINGTON
EPA and Skagit River Steel and Recycling, Inc. (Burlington, WA) resolve violations of the Clean Water Act
On August 14, 2019, EPA Region 10 filed a consent agreement and final order resolving violations of the Clean Water Act by Skagit River Steel and Recycling, Inc., which operates a scrap metal and recycling facility in Burlington, Washington. The company discharged pollutants to waters of the U.S. and was found to be operating in violation of Washington’s NPDES Industrial Stormwater General Permit. Violations include failure to perform monthly inspections, failure to monitor each sample location, failure to have a complete Stormwater Pollution Prevention Plan, unauthorized discharges to the water, and failing to perform the required corrective actions. The facility will install a stormwater treatment system as part of a Supplemental Environmental Program that will eliminate the discharge of any polluted stormwater to waters of the U.S. The total value of the SEP is estimated to be $1,685,722. The facility discharges to the Skagit River which flows to Puget Sound. The company agreed to pay a penalty of $22,375. Here's a link to the consent agreement and final order: Skagit River Steel & Recycling
EPA and Perma-Fix Northwest Richland, Inc. (Richland, WA) resolve violations of hazardous waste storage handling, and disposal rules
On August 14, 2019, EPA Region 10 filed a consent agreement and final order to resolve a Resource Conservation and Recovery Act permit violation by Perma-Fix Northwest Richland, Inc. at their Richland, WA facility. This RCRA treatment and storage facility primarily manages mixed waste from the Department of Energy Hanford site and the permit required compliance with third party liability financial assurance requirements. In 2013-2014, the facility’s liability insurance policy did not provide adequate coverage for third party bodily injury and property damage claims. The company agreed to pay a penalty of $23,375. Here's a link to the consent agreement and final order: Perma-Fix Northwest Richland, Inc.
EPA and Wood Care Systems (Kirkland, WA) resolve violations of federal pesticides law
On July 3, 2019, EPA Region 10 settled with Wood Care Systems of Kirkland, Washington to resolve violations of the Federal Fungicide, Insecticide, and Rodenticide Act associated with its failure to file the Pesticide Report for Pesticide-Producing and Device-Producing Establishments (EPA Form 3540-16) for 2016 and 2018. The company agreed to pay a penalty of $300. Here's a link to the consent agreement and final order: Wood Care Systems
EPA and Wood Tec, Inc. d/b/a Wood Care Systems resolve violations of federal pesticides law
On August 13, 2019, EPA Region 10 settled with Wood Tec, Inc. (doing business as Wood Care Systems) of Kirkland, WA for violations of the Federal Fungicide, Insecticide, and Rodenticide Act by importing the misbranded pesticide, Bor-8-Rods, and failing to file a Notice of Arrival of Pesticides and Devices, as required by FIFRA. The company agreed to pay a penalty of $4,163.
Here's a link to the consent agreement and final order: Wood Tec, Inc., d/b/a Wood Care Systems
EPA and Farma Tech International Corp (North Bend, WA) resolve violations of federal pesticides law
On July 31, 2019, EPA Region 10 settled with Farma Tech International of North Bend, Washington to resolve violations of the Federal Fungicide, Insecticide, and Rodenticide Act associated with its failure to file the Pesticide Report for Pesticide-Producing and Device-Producing Establishments (EPA Form 3540-16) for 2015 and 2018. The company agreed to pay a penalty of $300. Here's a link to the consent agreement and final order: Farma Tech
EPA and Central Manufacturing, Inc. (Wapato, WA) resolve violations of the Clean Air Act
On July 1, EPA Region 10 filed a consent agreement and final order addressing violations of the Clean Air Act by Central Manufacturing, Inc., located in Wapato, Washington. The company installed and began operation of a hot mix asphalt plant in 2018 prior to obtaining a preconstruction permit, in violation of EPA’s Tribal Minor New Source Review requirements. The company has agreed to pay a penalty of $25,000. Here's a link to the consent agreement and final order: Central Manufacturing, Inc.
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