EPA v. Oxarc, Inc

Case summary

On January 9, 2020, Region 10 entered a consent agreement and final order with Oxarc, Inc. (Oxarc) to resolve violations of CAA 112(r) risk management program requirements at their storage facility located in Pasco, Washington. Since 2017, Oxarc stored chlorine and sulfur dioxide above the Risk Management Plant (RMP) threshold of 2,500-lbs and 5,000-lbs, respectively. Oxarc was therefore required to develop and implement an RMP to detect and prevent or minimize accidental releases of regulated substances and to provide a prompt emergency response to any such release in order to protect human health and the environment. Because Oxarc relies on the services of emergency responders when there is a need for a response, Oxarc is required to meet the requirements of an emergency response program. Oxarc's emergency plan failed to include contact information for local emergency response agencies, medical/rescue, HAZMAT, and personnel qualified to respond to a release. This basic information, coupled with five violations in prevention program requirements, undermined their ability to respond to emergencies. Under the terms of the agreement, Oxarc paid a penalty of $100,000.

Defendants (1)

• Oxarc, IncNamed in complaintNamed in settlement

Facilities (1)

• OXARC INC PASCO

  716 S OREGON AVE, PASCO, WA, 99301

  Registry ID: 110000547506

Statutes cited

• CAA 112[R][7] — Prevention of Accidental Release/Risk Management Plans (RMPs)

Enforcement conclusions (1)

• Oxarc, Incentered 2020-01-09

  Primary law: CAA

  Federal penalty: $100,000

Timeline (4 milestones)

• 2019-12-17Enforcement Action Data Entered
• 2020-01-09Final Order Issued
• 2020-01-09Complaint Filed/Proposed Order
• 2020-04-06Enforcement Action Closed