KENNEWICK — A federal judge has ordered an Eastern Washington company that supplies anhydrous ammonia across five Northwest states to pay a fine of $850,000 for violations related to another chemical.
Multistar Industries, a family-owned company with 10 employees located in Othello 50 miles north of the Tri-Cities, said the size of the fine is “outrageous” and it plans to appeal.
It says it followed relevant laws.
The U.S. Environmental Protection Agency says Multistar began storing the hazardous chemical trimethylamine or TMA in Othello in 2017.
However, it only took steps to come into compliance with federal regulations after EPA began an investigation into the operation in 2019, according to EPA.
U.S. Judge Thomas Rice levied the fine and ordered Multistar Industries to come into immediate compliance with Clean Air Act requirements and submit semi-annual reports for the next five years showing ongoing compliance.
“This ruling was a huge win for preventing chemical accidents,” said Ed Kowalski of the EPA Region 10 Enforcement and Compliance Assurance Division. EPA filed the lawsuit against Multistar.
Multistar’s violations ‘extremely serious’
Rice called Multistar’s violations “extremely serious” and said in the order that the company’s conduct “places workers lives at risk as well as the lives of the people in the community.”
Martin Crowley, Multistar’s regulatory compliance officer, said there has been no risk to the community and the order does not require it to do business differently.
Multistar has reported the presence of TMA at its site to local law enforcement and first responders for the last five years, Crowley said.
EPA is accusing Multistar of five violations of the Clean Air Act Risk Management Program and two violations of the Emergency Planning and Community Right-to-know Act.
Both focus on planning for and preventing accidental releases of hazardous substances, especially where there are large vulnerable populations.
Trimethylamine is a highly flammable substance that is corrosive to the eyes, the skin, and the respiratory tract. It is commonly used in the manufacture of electronics, explosives, pharmaceuticals and paper, and is an additive in gasoline.
The Centers for Disease Control and Prevention says little toxicological data is available for the chemical.
Multistar: Incorrect law applied
Crowley argues that the court incorrectly applied the Clean Air Act in the case because the TMA is at its Othello facility only for transport to Moses Lake.
TMA is shipped to Multistar by rail by Eastman Chemical Company in Florida and then Multistar holds the shipment in the rail cars until Eastman orders it delivered to its customer, Moses Lake Industries, in a truck tanker trailer. The TMA is transferred from rail car to tanker through braided stainless steel hoses, Crowley said.
Moses Lake Industries supplies high purity chemicals to semiconductor and flat panel industries.
The regulator for the TMA, since it is still in shipment from Florida to Moses Lake, is the U.S. Department of Transportation, Crowley said.
Multistar is only a carrier, awaiting directions to continue shipment, and does not own or process the TMA, he said. The Clean Air Act does not speak to how long the TMA can remain in a rail car, he said.
Multistar stored an average of 696,380 pounds of TMA in unmotorized rail cars since 2019, according to EPA. It increased its inventory capacity from an average 156,988 pounds in 2018.
If Multistar does not succeed in arguments on appeal that the federal court ruling incorrectly applied the Clean Air Act, it will be requesting a reduction of the fine, Crowley said.
Other much larger companies in the United States that were found to have similar and more extensive violations have been given smaller fines, he said.
Multistar accused of past violations
Multistar Industries also was previously accused by the EPA of violations of chemical accident prevention requirements and settled for $135,000 in 2021.
The EPA said then that failure to comply with the law put first responders and members of the surrounding community at risk of harm.
Multistar then said it settled to forgo years of litigation and legal fees but admitted no wrongdoing.
In also settled with the EPA on other alleged violations in 2005, 2016 and 2019.
All of the EPA alleged violations were deficiencies in paperwork, according to Multistar.
