Whatcom County officials and Petrogas West LLC have reached an agreement on permitting compliance following years of unpermitted expansion at the Cherry Point facility.
A late 2021 investigation from the Northwest Clean Air Agency (NWCAA) alleged the company had expanded its operations around the Ferndale facility without permits, emitting significantly higher rates of “volatile organic compounds,” including propane gas, between 2014 and 2020.
Over the years, the facility expanded significantly without land use and construction permits, mandated by the county in compliance with the Washington State Environmental Policy Act (SEPA).
The new agreement, announced by Whatcom County on Wednesday, will require Petrogas to apply for and obtain a Conditional Use Permit and several building and construction permits, as well as prepare an Environmental Impact Statement under SEPA. The last SEPA evaluation for the plant was completed in 2016.
“We have reached agreement with Petrogas on a compliance process to address and evaluate changes made at the Petrogas plant,” Mark Personius, county planning and development services director, said in a statement. “The path forward will allow the public to participate in a transparent public review of permit applications and to provide comment on preparation of a full environmental impact statement under the state’s SEPA process, including evaluation of appropriate conditions for the facility.”
Throughout the process, Petrogas will have the right to file an appeal of the county’s SEPA determination. The county said the company agreed on the permitting requirements “in a good faith attempt” to bring the facility back into compliance.
Earlier this year, Petrogas agreed to pay a $4 million penalty and make significant operational changes as part of a settlement with the NWCAA.
