EPA v. Westward Seafoods, Inc

Case summary

On February 26, 2018, the U.S. District Court of Alaska entered a Consent Decree resolving Clean Air Act (CAA) violations by Westward Seafoods, Inc., at its Captains Bay seafoods processing facility in Dutch Harbor, Alaska. The State of Alaska is also a party to the decree. The alleged violations include failure to use existing air pollution controls for oxides of nitrogen (NOx) from three generators and related monitoring, recordkeeping, and reporting violations under Westward Seafoods CAA permits. These failures also violated an existing consent decree with Westward Seafoods signed in 2010. The newly filed settlement with Westward Seafoods requires Westward to pay a total civil penalty of $1,300,000, reflecting stipulated penalties of $730,000 for violations of the 2010 Consent Decree and $228,000 to the State and $342,000 to EPA under the newly filed consent decree. The newly filed decree also requires Westward to implement an enhanced preventative maintenance and operations plan, conduct electronic monitoring of its generators and pollution controls, and submit to third party verification of its compliance with CAA permits and the consent decree. These injunctive relief projects are expected to take at least three years to complete, at a cost of $897,829. Westward is also required to spend at least $1,137,680 on lighting efficiency and other energy efficiency projects to mitigate the 104 tons of excess NOx resulting from the violations.

Defendants (1)

• Westward Seafoods, IncNamed in complaintNamed in settlement

Facilities (2)

• WESTWARD SEAFOODS, INC. / DUTCH HARBOR SEAFOOD PROCESSING FACILIT

  MILE 1 CAPTAINS BAY RD, DUTCH HARBOR, AK, 99692

  Registry ID: 110006618614

• WESTWARD SEAFOODS, INC. / DUTCH HARBOR SEAFOOD PROCESSING FACILIT

  MILE 1 CAPTAINS BAY RD, DUTCH HARBOR, AK, 99692

  Registry ID: 110006618614

Statutes cited

• CAA TITLE5 — Title V Permits
• CAA 110 — Implementation Plan for National Primary and Secondary Ambient Air Quality Standards

Enforcement conclusions (1)

• Westward Seafoods, Incentered 2018-02-26

  Primary law: CAA

  Federal penalty: $342,000

Timeline (7 milestones)

• 2015-02-20Referred To Dept Of Justice
• 2015-09-24Enforcement Action Data Entered
• 2017-04-17Final Order Lodged
• 2017-04-17Complaint Filed With Court
• 2018-02-26Final Order Entered
• 2021-05-17Air Resolved
• 2021-05-17Enforcement Action Closed