Pacific Southwest, Region 9
Serving: Arizona, California, Hawaii, Nevada, Pacific Islands, Tribal Nations
Notice of Proposed Settlement of Clean Water Act Class II Administrative Penalty Matter and Opportunity to Comment in the Matter of Southern Counties Oil Co., dba SC Fuels
Publication Date: October 3, 2016
Public Comment Closes: November 2, 2016
In the Matter of SC Fuels, Docket No. OPA-09-2017-0001
The United States Environmental Protection Agency, Region IX ("EPA"), is authorized under Section 311(b)(6)(B)(ii) of the Clean Water Act (CWA), 33 U.S.C. § 1321(b)(6)(B)(ii), to assess civil penalties after providing the persons subject to the penalty notice of the proposed penalty and an opportunity for a hearing, and after providing interested persons public notice of the proposed penalty and a reasonable opportunity to comment on its issuance. Under Section 311(b)(6), any owner, operator, or person in charge of any vessel, onshore facility, or offshore facility who fails or refuses to comply with any regulation issued under subsection 311(j) to which that owner, operator, or person in charge is subject, may be assessed a civil penalty. Class II proceedings for Section 1321(b)(6)(B)(ii) of the Clean Water Act are conducted in accordance with the "Consolidated Rules of Practice Governing the Administrative Assessment of Civil Penalties, Issuance of Compliance or Corrective Action Orders, Revocation/Termination or Suspension of Permits," ("Part 22") 40 C.F.R. Part 22, 64 Fed. Reg. 40138 (July 23, 1999).
SC Fuels ("Respondent") agrees to the issuance of this Consent Agreement and Proposed Final Order ("settlement"). In accordance with Section 311(b)(6)(B)(ii) of the Act, 33 U.S.C. § 1321(b)(6)(B)(ii), EPA is hereby providing public notice of, and the opportunity to comment on, the CWA portion of this proposed settlement in the following matter:
In the Matter of SC Fuels, Docket No. OPA-09-2017-0001
Complainant
Kathleen H. Johnson
Director, Enforcement Division
U.S. EPA, Region 9
75 Hawthorne Street
San Francisco, CA 94105
Respondent
SC Fuels
319 Whitmore Avenue
Modesto, California 95358
Description of Business or Activity Conducted by the Respondent
Bulk oil storage plant and distribution facility.
Alleged Violations
In the Consent Agreement, EPA alleges that Respondent failed to provide adequate secondary containment and drainage controls as required by 40 C.F.R. §§ 112.7(c), 112.8(c)(2); Respondent failed to include portable storage containers in the Facility's SPCC Plan, and to position portable storage containers in a manner that is calculated to prevent discharges from occurring (40 C.F.R. §§ 112.7(a)(3)(i), 112.8(c)(11)); and Respondent failed to inspect and test each aboveground container for integrity on a regular schedule, in accordance with industry standards and written procedures developed for the facility (40 C.F.R. § 112.8(c)(6)).
Proposed Settlement Penalty
$75,000.
Name, Mailing Address, Telephone Number, and Email of Regional Hearing Clerk
Steven Armsey, Regional Hearing Clerk
U.S. Environmental Protection Agency, Region 9
75 Hawthorne Street (ORC-1)
San Francisco, CA 94105
(415) 972-3919
r9hearingclerk@epa.gov
Instructions for Submitting Comments
Please provide the following information along with your comments and submit them in accordance with Part 22: Your full name, mailing address, telephone number, email address, the Docket Number (Docket No. OPA-09-2017-0001), and a concise statement of the basis for, and relevant facts, supporting any comment for the case to which you are commenting.
Persons wishing to comment on this case, including comments on the amount or basis of the proposed penalty, are invited to submit a statement to the EPA Regional Administrator, attention of the Regional Hearing Clerk (address above), within 30 days of this public notice.
All comments received within this 30-day period will be considered prior to the issuance of the final order. See 40 C.F.R. § 22.45(b). If the 30th day of the comment period falls on a Saturday, Sunday, or federal holiday, the deadline shall be extended to the next business day. In order to provide opportunity for public comment and in accordance with 40 C.F.R. § 22.45(b), EPA will not take final action in this proceeding prior to forty (40) days after issuance of this notice.
For More Information
Persons wishing to receive a copy of 40 C.F.R. Part 22 or review the Consent Agreement and Proposed Final Order (PDF) (16 pp, 71K) (also available on the EPA Region 9 website) may contact the Regional Hearing Clerk identified above. Please note that the federal regulations are available online at the Code of Federal Regulations (CFR) web site. During the comment period, the public record for the proceeding may also be inspected during business hours at the office of the Regional Hearing Clerk (address above).