EPA v. Multistar Industries, Inc.

Case summary

On August 1, 2023, the judge issued an order in favor of EPA in United States v. Multistar. The case involves claims under the Clean Air Act Risk Management Program and the Emergency Planning and Community Right-to-know Act related to Multistar's storage of a hazardous chemical, trimethylamine (TMA), at its facility in Othello, Washington. The judge had previously resolved 5 of 7 claims in EPA's favor at summary judgment, but the parties were unable to reach settlement on the remaining two claims, penalty, and injunctive relief. The case went to a bench trial on these issues on July 17, 2023. In his trial order, the judge found Multistar liable on the remaining two counts and ordered the company to pay a $850,000 penalty for its violations. The judge also issued an injunction requiring Multistar to immediately come into compliance and also to submit semi-annual reports for the next five years demonstrating that the company is continuing to comply. According to EJScreen, this facility is an area of potential EJ concerns for indexes in the State and National Percentile.

Defendants (1)

• Multistar Industries, Inc.Named in complaintNamed in settlement

Facilities (1)

• MULTISTAR INDUSTRIES

  101 W FIR ST, OTHELLO, WA, 99344

  Registry ID: 110017718754

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)

• Multistar Industries, Inc.entered 2023-08-01

  Primary law: CAA

  Federal penalty: $850,000

Timeline (7 milestones)

• 2019-09-30Referred To Dept Of Justice
• 2021-08-02Enforcement Action Data Entered
• 2021-09-01Complaint Filed With Court
• 2023-08-01Final Order Entered
• 2023-08-01Final Order Lodged
• 2024-01-08Send Demand Letter
• 2024-01-08Demand for Stipulated Penalties