EPA v. KENT JOHANSON - BOISE COLD STORAGE (APO) (EPCRA non313)

Case summary

On April 4, 2025, EPA Region 10 filed a consent agreement resolving violations of the Emergency Planning and Community Right-to-Know Act (EPCRA) and Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) by Mr. H. Kent Johnson former owner of Boise Cold Storage located in Boise, Idaho. Mr. H. Kent Johnson formerly owned and operated the Boise Cold Storage facility in Boise, Idaho, which failed to timely file the EPCRA 312 annual Tier II chemical inventory reports to the State Emergency Response Commission, the Local Emergency Planning Commission and the fire department with jurisdiction over the facilities. 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. Additionally, Mr. Johnson failed to timely report the release of anhydrous ammonia as required under EPCRA 304 and CERLA 103. ECPRA 304 reporting supports emergency response efforts by requiring releases of Extremely Hazardous Substances to be immediately reported to the National Response Center, the State Emergency Response Commission and the Local Emergency Planning Commission Mr. Johnson agreed to pay a penalty of $74,500.

Defendants (1)

• KENT JOHANSONNamed in complaintNamed in settlement

Facilities (1)

• BOISE COLD STORAGE

  495 S 15TH STREET, BOISE, ID, 83702

  Registry ID: 110061879392

Statutes cited

• CERCLA 103A — Notification of Hazardous Reportable Quantity Release
• EPCRA 312 — Emergency and Hazardous Chemical Inventory Forms
• EPCRA 304 — Emergency Release Notification Section 313 Program

Enforcement conclusions (1)

• KENT JOHANSON - BOISE COLD STORAGE (APO) (EPCRA non313)entered 2025-04-04

  Primary law: EPCRA

  Federal penalty: $74,500

Timeline (4 milestones)

• 2025-03-03Enforcement Action Data Entered
• 2025-04-04Final Order Issued
• 2025-04-04Complaint Filed/Proposed Order
• 2025-05-02Enforcement Action Closed