EPA v. OREGON POTATO COMPANY APO/CAFO (R5 Lead)

Case summary

Region 5 is finalizing a Consent Agreement and Final Order (CAFO) commencing and concluding an action under Section 205(c)(1) of the Clean Air Act (CAA), 42 U.S.C. ? 7524(c), Oregon Potato Company (OPC) in Pasco, Washington. OPC is an agricultural company that grows and sells crops for consumption and other uses. OPC?s crops are harvested and transported by Greenridge Farming, Inc. (GRF), a company under identical ownership that owns and operates farm equipment and heavy-duty diesel engine (HDDE) trucks. Region 5 alleged that, in violation of Sections 203(a)(3)(B) of the CAA, 42 U.S.C. ? 7522(a)(3)(B), OPC sold parts or components intended for use with, or as part of, a motor vehicle or motor vehicle engine, where a principal effect of the part or component was to bypass, defeat or render inoperative devices and elements of design that control emission on heavy-duty diesel-engine trucks. OPC sold these parts exclusively to GRF for use on its HDDE trucks. In the CAFO, OPC certified that it is now in compliance with the CAA mobile source provisions. OPC will return to compliance any vehicles and engines that it owns or operates; and permanently destroy or return to the manufacturer settings all defeat devices in its inventory and/or possession. Based on analysis of the factors specified in Section 205(c) of the CAA, 42 U.S.C. ? 7524(c), consideration of the EPA Mobile Source Civil Penalty Policy, and the facts of this case, the Region determined that an appropriate civil penalty to settle this action is $19,504. EPA has direct implementation authority for the mobile source rules.

Defendants (1)

• OREGON POTATO COMPANYNamed in complaintNamed in settlement

Facilities (1)

• OREGON POTATO COMPANY

  6610 W COURT ST, PASCO, WA, 99301

  Registry ID: 110070790925

Statutes cited

• CAA 203 — Prohibited Acts - Motor Vehicle & Motor Vehicle Engines

Enforcement conclusions (1)

• OREGON POTATO COMPANYentered 2021-09-29

  Primary law: CAA

  Federal penalty: $19,504

Timeline (3 milestones)

• 2021-09-29Complaint Filed/Proposed Order
• 2021-09-29Final Order Issued
• 2021-09-30Enforcement Action Data Entered