OTHELLO - McCain Foods reached a $40,000 settlement agreement with the Washington Department of Ecology (Ecology) this week over violations at the Othello plant.

The violations concern the past operation and testing of air pollution control equipment, namely the use of an electrostatic precipitator (ESP) that controls emissions from the plant's two potato fryers, according to Jani Gilbert with Ecology.

ESPs use electricity to remove fine particulate matter such as dust and smoke from the fryers, Gilbert explained. Ecology requires ESP testing every five years to assure the equipment is operating properly and particle emissions are not exceeding the amount allowed by a company's air quality permit.

McCain reportedly failed to conduct the required testing in 2004 and 2009 and, when the testing was conducted in November 2010 and April 2011, the amount of particulate matter coming from the ESP stack was more than the permit allowed, according to Gilbert.

The company reportedly found operating problems with the ESP and the exhaust stack, and took corrective actions.

Additional testing after repairs in October 2011 revealed McCain was in compliance with permit emission limits after being out of compliance for many months. Maintenance procedures were updated to ensure there is no recurrence of these problems, Gilbert stated.

"We recognize that we failed to perform the required testing, but we have renewed our commitment to comply with emission limits in our plant permit," stated McCain plant Manager Ray Cooper. "We'll be carefully following all of our permit conditions so we can continue to be the good neighbors we've always been."

Washington's air quality laws are designed to protect the public from vehicle exhaust, illegal burn barrels, other kinds of outdoor burning and industrial emissions, Gilbert stated, adding particle pollution - especially fine particles - contains microscopic solids or liquid droplets so small they can get deep into the lungs and cause serious health problems.