EPA v. PRICE COSTCO, INC.

Case summary

ON AUGUST 15, 1995, REGION IX SENT A LITIGATION REPORT TO OECA REQUESTING AUTHORIZATION TO CONDUCT PRE-REFERRAL NEGOTIATIONS IN A CIVIL ENFORCEMENT ACTION AGAINST PRICE/COSTCO, INC. OF SEATTLE, WASHINGTON, FOR VIOLATIONS OF THE CLEAN AIR ACT. COSTCO OWNS AND OPERATES 188 DISCOUNT WAREHOUSE FACILITIES WHICH SELL 30-POUND CANISTERS OF FREON. FREON IS AN OZONE DEPLETING SUBSTANCE SUBJECT TO REGULATION UNDER TITLE VI OF THE CLEAN AIR ACT. EPA'S REGULATIONS IMPLEMENTING TITLE VI INCLUDE A SALES RESTRICION. THE SALES RESTRICTION, WHICH BECAME EFFECTIVE ON NOVEMBER 14, 1994, RESTRICTS THE SALE OF CERTAIN OZONE DEPLETING SUBSTANCES, INCLUDING 30-POUND CANISTERS OF FREON, TO PERSONS WHO HAVE BEEN TRAINED AND CERTIFIED IN OPERATING EQUIPMENT WHICH PREVENTS VENTING FREON TO THE ATMOSPHERE. EVIDENCE DEVELOPED BY REGIONS IX AND X ESTABLISHES THAT BETWEEN NOVEMBER 14, 1994, AND ABOUT JANUARY 16, 1995, COSTCO SOLD NUMEROUS 30-POUND CANISTERS OF FREON WITHOUT REQUIRING THE PURCHASER TO SHOW EVIDENCE OF CERTIFICATION. IN ADDITION, AN EPA INSPECTOR WHO IS NOT CERTIFIED PURCHASED A 30-POUND CANISTER AT COSTCO IN SEATTLE. THE LITIGATION REPORT RECOMMENDS COLLECTING A CIVIL PENALTY FOR COSTCO'S VIOLATIONS OF THE SALES RESTRICTION. THIS CASE WAS A JOINT REFERRAL WITH REGION 10 (THEIR # 10-95-0115). WE SPLIT THE REPORTED NUMBERS (CCDS FORM #20A - TOP OF SIDE 2 - AMT OF FREON REPORTED).

Defendants (1)

• PRICE COSTCO, INC.Named in complaintNamed in settlement

Facilities (1)

• COSTCO WHOLESALE 8

  8629 120TH AVE NE, KIRKLAND, WA, 98033

  Registry ID: 110000829970

Statutes cited

• CAA 113 — Clean Air Act

Enforcement conclusions (1)

• PRICE COSTCOentered 1997-03-27

  Primary law: CAA

  Federal penalty: $116,225

Timeline (8 milestones)

• 1995-08-15Enforcement Action Data Entered
• 1995-08-15PRN Sent
• 1995-09-28Referred To Dept Of Justice
• 1995-12-16Complaint Filed With Court
• 1996-03-19Final Order Lodged
• 1997-03-27Final Order Entered
• 1997-03-27Concluded
• 1997-03-27Enforcement Action Closed