EPA v. COSTCO WHOLESALE CORPORATION

Case summary

JULY 24, 2025 - EXPEDITED SETTLEMENT AGREEMENT AND FINAL ORDER The EPA inspected the Respondent's UST Facilities on April 23 and 24, 2024. Based on the inspections, the EPA alleges that the Respondent failed to comply with the following requirements of Subtitle I of RCRA, 42 U.S.C. 6991et seq., and its implementing regulations at 40 C.F.R. Part 280: a) Pursuant to 40 C.F.R. 280.40(a)(2), owners and operators of UST systems must provide a method, or combination of methods, of release detection that is installed and calibrated in accordance with the manufacturer's instructions. On April 23 and 24, 2024, EPA inspectors observed that the liquid monitoring sensors in containment sumps for the submersible turbine pumps (STPs) associated with the UST Facilities were positioned higher than the lowest portion of the STP sumps and, therefore, were not installed in accordance with the manufacturer's instructions specifying installation of the sensors at the base of the sumps. The EPA inspectors also observed that there was an inch or more of the fuel additive product standing in each STP sump for the UST Facilities, and the liquid monitoring sensors located in the upper portions of the sumps were not alarming to the presence of the additive in the bottom of the sumps. Therefore, the EPA alleges that the Respondent violated 40 C.F.R. 280.40(a}(2} at each of the UST Facilities by failing to install the liquid monitoring sensors in accordance with the manufacturer's instructions. b) Pursuant to 40 C.F.R. 280.33(a), owners and operators must repair UST systems to prevent releases and must ensure that repairs to UST systems are properly conducted in accordance with a code of practice developed by a nationally recognized association or an independent testing laboratory. On April 23 and 24, 2024, EPA inspectors observed that the mechanical line leak detectors (MLLDs) in the STP sumps at the UST Facilities were leaking the fuel additive product into each STP sump and had not been repaired. Therefore, the EPA alleges that the Respondent violated 40 C.F.R. 280.33(a) at each of the UST Facilities by failing to repair, in accordance with a code of practice developed by a nationally recognized association or an independent testing laboratory, the UST system components that had caused releases. Following the EPA's inspections of the UST Facilities, the Respondent notified the EPA that the Respondent: (a) removed the additive product from each STP sump, as well as steam-cleaned and pressure washed each such sump, at the UST Facilities; (b) replaced and resealed the MLLDs that had leaked fuel additive into the STP sumps at the UST Facilities; and (c) installed a position-sensitive liquid monitoring sensor, which will alarm if not positioned correctly, at the lowest point within each STP sump at the UST Facilities in accordance with manufacturer and industry standards. Pursuant to the authority of Section 9006 of RCRA, 42 U.S.C. 6991e, and according to the terms of this Agreement and Final Order, IT IS HEREBY ORDERED THAT: Within thirty (30) calendar days of the Effective Date of this Agreement, the Respondent must pay the civil penalty of FOUR THOUSAND FIVE HUNDRED AND THIRTY-NINE DOLLARS ($4,539.00).

Defendants (1)

• COSTCO WHOLESALE CORPORATIONNamed in complaintNamed in settlement

Facilities (5)

• COSTCO 386

  98 SEABOARD LANE, BRENTWOOD, TN, 37027-2930

  Registry ID: 110006551150

• COSTCO 386

  98 SEABOARD LANE, BRENTWOOD, TN, 37027-2930

  Registry ID: 110006551150

• COSTCO WHOLESALE #353

  3775 HACKS CROSS ROAD, MEMPHIS, TN, 38125-2302

  Registry ID: 110008134321

• COSTCO 630

  6670 CHARLOTTE PIKE, NASHVILLE, TN, 37209

  Registry ID: 110031359973

• COSTCO 630

  6670 CHARLOTTE PIKE, NASHVILLE, TN, 37209

  Registry ID: 110031359973

Statutes cited

• RCRA 9006A — Underground Storage Tanks Compliance Order

Enforcement conclusions (1)

• COSTCO WHOLESALE CORPORATIONentered 2025-07-24

  Primary law: RCRA

  Federal penalty: $4,539

Timeline (3 milestones)

• 2025-07-24Complaint Filed/Proposed Order
• 2025-07-24Final Order Issued
• 2025-07-31Enforcement Action Data Entered