News Releases from Region 10
Recent EPA enforcement cases throughout the PNW
Actions finalized in May and June 2020
The following summarize enforcement actions the U.S. Environmental Protection Agency’s Region 10 office completed in May and June of 2020. Other, larger cases are publicized via stand-alone news releases found on EPA’s website at www.epa.gov.
IDAHO
EPA settles with 2N Clean-up & Restoration LLC of Nampa for violations of federal Lead Paint Rule.
On May 28, 2020, EPA Region 10 issued an expedited settlement agreement and final order to 2N Clean-up & Restoration LLC for violations of the Renovation, Repair and Painting Rule (RRP Rule) occurring in Nampa, Idaho. The agency alleged that the company failed to become RRP firm certified prior to performing renovation work on pre-1978 residential properties as required by the RRP Rule. EPA’s 2008 Lead-Based Paint RRP Rule aims to protect the public from lead-based paint hazards associated with renovation, repair and painting activities. These activities can create hazardous lead dust when surfaces with lead paint, even from many decades ago, are disturbed. The rule requires workers to be certified and trained in the use of lead-safe work practices, and requires renovation, repair, and painting firms to be EPA-certified. 2N Clean-up & Restoration LLC agreed to pay a penalty amount of $1,000.
EPA settles with J.K. Merrill & Sons of Pocatello for Clean Air Act violations
On June 5, 2020, EPA Region 10 ratified a consent agreement and final order under Section 113 of the Clean Air Act to J.K. Merrill & Sons, Inc., of Pocatello, Idaho. The agency alleges that the company failed to operate diesel engines at its sand and gravel plant in Pocatello in compliance with emissions standards. The company agreed to pay a civil penalty of $123,553.
EPA settles with Highmark Construction Inc. of Boise for violating federal Lead Paint Rule
On June 11, 2020, EPA’s Region 10 office issued an expedited settlement agreement to Highmark Construction Inc. for violating the federal “Renovation, Repair and Painting Rule.” EPA alleged that Highmark Construction Inc. failed to become “RRP firm certified” prior to performing renovation work on a pre-1978 Boise residential property as required by the RRP Rule. EPA’s 2008 Lead-Based Paint RRP Rule aims to protect the public from lead-based paint hazards associated with renovation, repair and painting activities. These activities can create hazardous lead dust when surfaces with lead paint, even from many decades ago, are disturbed. The rule requires workers to be certified and trained in the use of lead-safe work practices, and requires renovation, repair, and painting firms to be EPA-certified. The company agreed to pay a penalty of $200.
OREGON
EPA settles with Apex Anodizing, Inc. of Portland for violations of Emergency Planning and Community Right-to-Know
On May 20, 2020, EPA Region 10 issued a consent agreement and final order to Apex Anodizing, Inc., resolving violations of the Emergency Planning and Community Right-to-Know Act occuring in Portland, Oregon. EPA alleged that Apex Anodizing violated EPCRA by failing to file required reports to the Toxic Release Inventory for nitric acid used by the facility from 2014 to 2018. Created in 1986 to help communities plan for chemical emergencies, EPCRA requires industry to annually report on the storage, use, and release of hazardous substances to federal, state, and local governments. Apex Anodizing agreed to pay a penalty of $18,090.
EPA settles with Hays Oil Company of Medford for violations of the Clean Water Act
On June 10, 2020, EPA Region 10 filed an expedited settlement agreement to resolve violations of the Clean Water Act at Hays Oil Company located near Crooked Creek in Medford, Oregon. An October 2018 inspection revealed the company had failed to maintain “Spill Prevention, Control and Countermeasure” requirements including lack of an updated SPPC plan and inadequate tank inspections. The SPCC rule helps facilities prevent a discharge of oil into navigable waters or adjoining shorelines. The FRP rule requires certain facilities to submit a response plan and prepare to respond to a worst-case oil discharge or threat of a discharge. The facility updated its SPCC plan, inspected storage tanks, and agreed to pay a $5,625 penalty.
WASHINGTON
EPA settles with Wyckoff Farms, Inc. of Prosser for violations of chemical risk management rules
On May 19, 2020 EPA Region 10 filed an expedited settlement agreement to resolve violations of the Clean Air Act’s chemical risk management program requirements by Wyckoff Farms, Inc. EPA alleged that Wyckoff Farms, Inc. failed to update its risk management plan at least every five years as required. 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 company paid a penalty of $1,200.
EPA settles with Maxum Petroleum of Bellingham for Clean Water Act Violations
On May 14, 2020 EPA Region 10 filed an expedited settlement agreement to resolve Clean Water Act violations at Maxum Petroleum’s Port of Bellingham Fairhaven Facility. A September 2017 SPCC inspection revealed the facility had failed to update its “Spill Prevention, Control and Countermeasure” plan and had failed to ensure containment of any spilled product. The SPCC rule helps facilities prevent a discharge of oil into navigable waters or adjoining shorelines. The FRP rule requires certain facilities to submit a response plan and prepare to respond to a worst-case oil discharge or threat of a discharge. The company paid a penalty of $4,750.
EPA settles with Pacific Propeller International of Kent for violations of the Emergency Planning and Community Right-To-Know Act
On May 28, 2020 EPA Region 10 settled with Pacific Propeller International, LLC for violations of the Emergency Planning and Community Right-To-Know Act’s (EPCRA) Section 312 for failing to report storage of a hazardous chemical at their facility in Kent. EPCRA 312 annual Tier II reporting supports emergency planning efforts at the state and local levels and provides the public and local governments with information concerning potential chemical hazards present in their communities. The company paid a penalty of $66,300.
EPA settles with AmeriCold Logistics LLC. of Lynden for violations of chemical risk management rules
On June 3, 2020 EPA Region 10 filed an expedited settlement agreement against AmeriCold Logistics LLC for violations of the federal Clean Air Act’s risk management program requirements. The agency alleged that AmeriCold Logistics failed to update its risk management plan at least every five years as required. 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 company paid a penalty of $1,200.
EPA settles with The Dalles Fruit Company of Dallesport for violations of chemical risk management rules
On June 11, 2020 EPA Region 10 filed an expedited settlement agreement which both initiated and concluded an administrative action against The Dalles Fruit Company, LLC for violations of CAA § 112(r) risk management program requirements. The agency alleged that the company failed to update its risk management plan at least every five years as required. 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 company paid a penalty of $800.
EPA settles with EcoLube Recovery of Tacoma for violations of Clean Water Act
On June 25, 2020 EPA Region 10 filed a consent agreement and final order resolving violations of the Clean Water Act by EcoLube Recovery, LLC in Tacoma. The agency alleges that the company, which operates a transfer station for used oil, discharged pollutants into Commencement Bay and was found to be operating in violation of the Washington State Multi-Sector General Permit. Violations include failure to monitor discharge for petroleum hydrocarbons, failure to implement corrective action, failure to properly document inspections and retain records, and failure to conduct employee training. The company paid a penalty of $26,500.
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