Hazardous Waste Enforcement: U.S. Environmental Protection Agency and Portland, Oregon Plating Facility Enter into Consent Agreement

Mitchell, Williams, Selig, Gates & Woodyard, P.L.L.C.

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United States Environmental Protection Agency (“EPA”) and East Side Plating, Inc. (“East Side”) entered into a March 13th Consent Agreement and Final Order (“CAFO”) addressing alleged violations of the Clean Air Act regulations. See Docket No. CAA-10-2024-0040.

The CAFO provides that East Side is the owner and operator of East Side Plating, Inc., which operates a facility in Portland, Oregon.

The CAFO also provides that at all times relevant to this document that the facility:

  • Is an affected source as that term is defined at 40 CFR § 63.2.
  • Subject to the National Emissions Standard for hazardous air pollutant regulations at 40 CFR Part 63, Subpart WWWWWW.

EPA is stated to have conducted inspections at the facility on July 13, 2022 and November 9, 2022.

The following violations are alleged to have been identified:

  • Failure to implement standards for non-chromium electrolytic plating tanks.
  • Failure to comply with tank management practices.
  • Failure to maintain records of compliance with management practices.
  • Failure to maintain records of tank ampere hours.

East Side neither admits nor denies the specific factual allegations contained in the CAFO.

EPA assesses a civil penalty of $139,595.

A copy of the CAFO can be downloaded here.

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Mitchell, Williams, Selig, Gates & Woodyard, P.L.L.C.
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