EPA v. Fruitsmart Inc

Case summary

On March 20, 2023 Region 10 filed an expedited settlement agreement which both initiated and concluded an administrative action against Fruitsmart, Inc. for violations of CAA 112(r) risk management program requirements. The Region alleged that Rite Fruitsmart, Inc., located in Prosser, Washington failed to update their risk management plan at least every five years required in 40 CFR Part 68. Updated plans provide important information to emergency responders and planners that include accurate chemical quantities, emergency contacts and demonstrate operation and maintenance of the facility. Under the terms of the agreement, the company paid a penalty of $1,200.

Defendants (1)

• FruitsmartNamed in complaintNamed in settlement

Facilities (1)

• FRUITSMART PROSSER

  506 6TH ST, PROSSER, WA, 99350

  Registry ID: 110000554196

Statutes cited

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

Enforcement conclusions (1)

• Fruitsmart Incentered 2023-03-20

  Primary law: CAA

  Federal penalty: $1,200

Timeline (4 milestones)

• 2023-03-20Final Order Issued
• 2023-03-20Complaint Filed/Proposed Order
• 2023-03-21Enforcement Action Data Entered
• 2023-10-27Enforcement Action Closed