Bryan Beigh, Clean Air Act Violation, Alaska 2015

ANCHORAGE, AK – A former powerhouse operator at Westward Seafoods, Inc. has been sentenced for his role in a scheme to falsify environmental reports and conceal violations of the Clean Air Act at the company’s Dutch Harbor facility. Bryan Beigh, 48, was sentenced on November 25, 2014, to three years of probation and a $750 fine after pleading guilty to tampering with pollution control monitoring equipment.

The case, investigated by the U.S. Environmental Protection Agency’s Criminal Investigation Division, revealed a deliberate effort by Westward employees to circumvent regulations designed to limit nitrogen oxide (NOx) emissions from the facility’s diesel-fueled generators. Westward Seafoods, a subsidiary of Japanese-based Maruha-Nichiro Holdings, Inc., processes approximately 250 million pounds of seafood annually at its Dutch Harbor location, making it a significant industrial presence in the region.

According to court documents, the scheme began in 2009 and continued until August 2011. Raul Morales, the powerhouse supervisor, and James Hampton, the assistant chief engineer, directed staff to cease operation of the Combustion Air Saturation System (CASS) – equipment installed to reduce NOx emissions. Beigh then participated in the daily falsification of “Engine Round” forms, reporting the CASS as operational when it was not. He went to elaborate lengths, physically manipulating the water flow meters using a drill and magnet to fabricate readings indicating water usage when none existed. This ensured that the facility appeared compliant with its Title V Permit issued by the Alaska Department of Environmental Conservation, under EPA delegation.

This wasn’t an isolated incident. Westward had previously entered into a civil consent decree in 2010, agreeing to pay a penalty for prior Clean Air Act violations. The current scheme represented a continued disregard for environmental regulations, motivated, according to prosecutors, by a desire to simplify operations without regard for potential consequences. While the EPA reported no immediate harm to human health directly attributed to the emissions during the period of tampering, NOx is a known respiratory irritant and can exacerbate conditions like asthma and bronchitis.

The sentencing of Beigh follows those of his co-conspirators. James Hampton received a 70-day prison sentence, and Raul Morales was sentenced to 45 days in prison, both also receiving $1,000 fines and a year of supervised release. Chief U.S. District Court Judge Ralph R. Beistline emphasized the importance of upholding the rule of law, stating that Beigh’s decision to disregard regulations was unacceptable. The judge acknowledged Beigh’s remorse and cooperation, which factored into the probationary sentence.

Table of Contents

Key Facts:

Defendant: Bryan Beigh, 48
Location: Westward Seafoods, Dutch Harbor, Alaska
Statutes Violated: 42 U.S.C. 7413(c)(2)(C), 42 U.S.C. 7413(c)(2)(A), 42 U.S.C. 7661a(a)
Penalties: 3 years probation, $750 fine
Scheme: Tampering with pollution control equipment and falsifying emissions reports.
Co-conspirators: James Hampton (70 days prison, $1000 fine), Raul Morales (45 days prison, $1000 fine)

This case serves as a reminder of the EPA’s commitment to enforcing environmental laws and holding individuals accountable for actions that jeopardize public health and the environment. The investigation highlights the importance of accurate reporting and the potential consequences of prioritizing operational convenience over regulatory compliance.

Source: EPA ECHO Enforcement Case Database

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