Recent EPA enforcement cases throughout the PNW & Alaska
Actions finalized in November and December 2019
The following summarize enforcement actions the U.S. Environmental Protection Agency’s Region 10 office completed in November and December 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 at www.epa.gov.
IDAHO
EPA and White Sturgeon, LLC (Eagle, ID) resolve violations of the Clean Water Act
On November 05, 2019, EPA Region 10 issued an expedited settlement agreement to White Sturgeon, LLC of Eagle, Idaho resolving alleged violations of the federal Clean Water Act when the company failed to control stormwater as required in the Construction General Permit at their Snoqualmie Village 1 & 2 construction site in Eagle. Stormwater runoff from construction activities can have a significant impact on water quality, as it carries sediment and other pollutants exposed at construction sites to surface waters. Construction activities in Idaho are covered by a general permit for stormwater discharges from construction sites. This permit outlines a set of provisions construction operators must follow to comply with the requirements of the NPDES stormwater regulations. This permit covers any site 1 acre and above, including smaller sites that are part of a larger common plan of development or sale. The company agreed to pay a penalty of $3,950. Here's a link to the expedited settlement agreement: White Sturgeon
EPA and D.A. Parry Construction Inc. (Caldwell, ID) resolve violations of the Lead Renovation, Repair and Painting Rule
On November 5, 2019, EPA Region 10 issued an expedited settlement agreement and final order to D.A. Parry Construction resolving alleged violations of the Lead Renovation, Repair and Painting (RRP) Rule occurring in Caldwell, Idaho. The EPA alleged that D.A. Parry Construction failed to become EPA-certified prior to performing renovation work on a pre-1978 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 settle and pay a penalty amount of $1,000. Here's a link to the expedited settlement agreement: D.A. Parry Construction
EPA and Nova Homes, LLC (Twin Falls, ID) resolve violations of the Lead Renovation, Repair and Painting Rule
On November 5, 2019, EPA Region 10 issued an expedited settlement agreement and final order to Nova Homes, LLC located in Twin Falls, Idaho, resolving alleged violations of the RRP Rule occurring in Twin Falls, Idaho. The EPA alleged that Nova Homes, LLC failed to become RRP firm certified prior to performing renovation work on a pre-1978 residential property as required by the RRP Rule. EPA’s 2008 Lead-Based Paint Renovation, Repair and Painting 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 settle and pay a penalty amount of $1,000. Here's a link to the expedited settlement agreement: Nova Homes
EPA and Rp Remodels (Twin Falls, ID) resolve violations of the Lead Renovation, Repair and Painting Rule (RRP Rule)
On November 26, 2019, EPA Region 10 issued an expedited settlement agreement and final order to Rp Remodels resolving alleged violations of the RRP Rule occurring in Twin Falls, Idaho. The EPA alleged that Rp Remodels failed to become RRP firm certified prior to performing renovation work on a pre-1978 residential property as required by the RRP Rule. EPA’s 2008 Lead-Based Paint Renovation, Repair and Painting 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 settle and pay a penalty amount of $200. Here's a link to the expedited settlement agreement: Rp Remodels
OREGON
EPA and JDB, Inc. (Woodburn, OR) resolve violations of Clean Air Act chemical risk management rules
On November 26, 2019 EPA Region 10 issued an expedited settlement agreement to JDB, Inc. (dba BrucePac) resolving alleged violations of the federal Clean Air Act’s risk management program requirements for the company’s failure to update its risk management plan at least every five years as required. Risk management plans provide important information to emergency responders and planners, including accurate chemical quantities, emergency contacts, and information about operation and maintenance of the facility. The violations have been corrected. Under the terms of the agreement, the company paid a penalty of $2,000. Here's a link to the expedited settlement agreement: JDB
To learn more about the Clean Air Act’s risk management rules go to: CAA 112r fact sheet
WASHINGTON
EPA and All United Imports (Spokane, WA) resolve violations of the Clean Air Act
On November 12, Region 10 issued an expedited settlement agreement to Mt. Spokane Truck and RV LLC d.b.a. All United Imports resolving alleged violations of the Clean Air Act for importing an uncertified motor vehicle from Canada in August 2019. Certification is a process that manufacturers must complete to demonstrate that their vehicles meet federal emissions standards. Uncertified vehicles can have emissions hundreds of times higher than certified vehicles. The violation was identified by U.S. Customs and Border Protection officers at the border checkpoint in Eastport, Idaho. All United paid a civil penalty of $1700 and submitted documentation that the vehicle was exported back to Canada. For a copy of the agreement, call Bill Dunbar at 206-553-1019.
EPA and Kenyon Zero Storage, Inc. (Pasco, WA) resolve violations of Clean Air Act chemical risk management rules
On November 13, 2019 the EPA Region 10 issued an expedited settlement agreement and final order to Kenyon Zero Storage, Inc. resolving alleged violations of the federal Clean Air Act’s risk management program requirements for the company’s failure to update its risk management plan at least every five years as required. Risk management plans provide important information to emergency responders and planners, including accurate chemical quantities, emergency contacts, and information about operation and maintenance of the facility. The violations have been corrected. Under the terms of the agreement, the company paid a penalty of $1,200. Here's a link to the expedited settlement agreement: Kenyon Zero Storage
To learn more about the Clean Air Act’s risk management rules go to: CAA 112r fact sheet
EPA and Wilbur-Ellis Company LLC (Dayton, WA) resolve violations of Clean Air Act chemical risk management rules
On December 11, 2019, EPA Region 10 issued an expedited settlement agreement to Wilbur-Ellis Company LLC in Dayton, Washington resolving alleged violations of the federal Clean Air Act’s risk management program requirements for the company’s failure to comply with four risk management program requirements that apply to its use of anhydrous ammonia. These requirements help prevent accidental release and require companies to have emergency response procedures should an accident occur. The violations have been corrected. The company agreed to pay a penalty of $4,500. Here's a link to the expedited settlement agreement: Wilbur-Ellis
To learn more about the Clean Air Act’s risk management rules go to: CAA 112r fact sheet
EPA and Ag Link, Inc. (Dayton, WA) resolve violations of Clean Air Act chemical risk management rules
On December 11, 2019, EPA Region 10 issued an expedited settlement agreement to Ag Link, Inc. in Dayton, Washington resolving alleged violations of the federal Clean Air Act’s risk management program requirements for the company’s failure to comply with six risk management program requirements that apply to its use of anhydrous ammonia and aqueous ammonia. These requirements help prevent accidental releases by requiring safety precautions and maintenance, monitoring, and employee training measures. The violations have been corrected. The company agreed to pay a penalty of $4,920. Here's a link to the expedited settlement agreement: Ag Link
To learn more about the Clean Air Act’s risk management rules go to: CAA 112r fact sheet
EPA and Caribou Trail Pest Control, LLC (Okanogan, WA) resolve violations of federal insecticide/fungicide law
On December 10, 2019, EPA Region 10 settled with Caribou Trail Pest Control, LLC (Okanogan, Washington) resolving alleged violations of the Federal Insecticide, Fungicide, and Rodenticide Act when the company illegally applied pesticides to a ditch containing water and otherwise in a manner inconsistent with the pesticides’ labels. The company agreed to pay a civil penalty of $2,000. Here's a link to the consent agreement and final order: Caribou Trail
EPA and Blue Bird, Inc. (Wenatchee, WA) resolve violations of Clean Air Act chemical risk management rules
On December 6, 2019 EPA Region 10 issued an expedited settlement agreement to Blue Bird, Inc. resolving alleged violations of the federal Clean Air Act’s risk management program requirements for the company’s failure to update its risk management plan at least every five years as required. Updated plans provide important information to emergency responders and planners, including accurate chemical quantities, emergency contacts, and information about 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 expedited settlement agreement: Blue Bird
To learn more about the Clean Air Act’s risk management rules go to: CAA 112r fact sheet
EPA and R.C. Mast, Inc., dba Spokane Automotive Services (Spokane) resolve violations of Clean Air Act
On December 9, 2019, EPA Region 10 issued an expedited settlement agreement to R.C. Mast, Inc., dba Spokane Automotive Services resolving alleged violations of the Clean Air Act for importing an uncertified motor vehicle from Canada in October 2019. Certification is a process that manufacturers must complete to demonstrate that their vehicles meet federal emissions standards. Uncertified vehicles can have emissions hundreds of times higher than certified vehicles. Mast imports motor vehicles from Canada for sale at auction in Washington. The violation was identified by U.S. Customs and Border Protection officers located at in Eastport, Idaho and referred to the EPA. Mast paid a civil penalty of $890 and submitted documentation that the vehicle was exported back to Canada. For a copy of the agreement, call Bill Dunbar at 206-553-1019.
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