EPA v. Evans Fruit Co., Inc.

Case summary

On February 21, 2018, Region 10 entered into a Consent Agreement and Final Order with Evans Fruit Co, Inc., and Jeannette Evans, dba Evans Fruit Company Partnership for CAA and EPCRA violations at refrigerated storage warehouses that process, package and store apples. The refrigeration systems at these warehouses use anhydrous ammonia, a potentially deadly chemical. The Region alleged that Evans Fruit failed to timely address risk management program requirements under CAA 112(r)(7) and 40 C.F.R. Part 68 that apply to the Tieton-Main and Lust Cold Storage facilities. Compliance with these operation, maintenance, training, and other requirements minimizes the risk of ammonia releases from refrigeration facilities that use ammonia. The Tieton-Main and Lust Cold Storage are also subject to an Administrative Compliance Order on Consent dated January 19, 2018, which ensures the warehouses will have fans adequate to ventilate the warehouses in the event of an ammonia release and ensures the replacement of corroded ammonia piping. The Consent Agreement and Final Order also addresses violations of EPCRA 312 for failing to report storage of ammonia at five facilities in Washington State, four owned by Evans Fruit (including Tieton-Main/Lust Cold Storage) and one owned by Evans Fruit Company Partnership, a related entity. EPCRA 312 annual Tier II reporting supports emergency planning efforts at the state and local levels and provides the public and local governments with information concerning potential chemical hazards present in their communities. Under the terms of the agreement, Evans Fruit paid a penalty of $329,828 for CAA 112(r) violations and $84,959 for EPCRA violations. The partnership paid a penalty of $6,039 for EPCRA violations.

Defendants (1)

• Evans Fruit Co., Inc.Named in complaintNamed in settlement

Facilities (1)

• EVANS FRUIT TIETON MAIN

  61 E HATTON RD, TIETON, WA, 98947-9640

  Registry ID: 110070055352

Statutes cited

• EPCRA 312 — Emergency and Hazardous Chemical Inventory Forms
• CAA 112[R][7] — Prevention of Accidental Release/Risk Management Plans (RMPs)

Enforcement conclusions (1)

• Evans Fruit Co., Inc.entered 2018-02-21

  Primary law: CAA

  Federal penalty: $420,826

Timeline (3 milestones)

• 2018-02-21Final Order Issued
• 2018-02-21Complaint Filed/Proposed Order
• 2018-03-12Enforcement Action Data Entered