EPA v. UNDERWOOD FRUIT AND WAREHOUSE COMPANY

Case summary

On January 10, 2024 Region 10 filed an expedited settlement agreement which both initiated and concluded an administrative action Underwood Fruit & Warehouse Company for violations of CAA ? 112(r) risk management program requirements. The Region alleged that Underwood Fruit & Warehouse Company, located in Bingen, 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. According to EJScreen, this facility is not in an area of potential EJ concerns. Under the terms of the agreement, the company paid a penalty of $1,200.

Defendants (1)

• UNDERWOOD FRUIT AND WAREHOUSE COMPANYNamed in complaintNamed in settlement

Facilities (1)

• UNDERWOOD FRUIT

  6550 STATE RD 14, BINGEN, WA, 98605

  Registry ID: 110000549407

Statutes cited

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

Enforcement conclusions (1)

• UNDERWOOD FRUIT AND WAREHOUSE COMPANYentered 2024-01-10

  Primary law: CAA

  Federal penalty: $1,200

Timeline (4 milestones)

• 2023-11-06Enforcement Action Data Entered
• 2024-01-10Enforcement Action Closed
• 2024-01-10Complaint Filed/Proposed Order
• 2024-01-10Final Order Issued