Notice of Proposed Settlement of Clean Water Act Class II Administrative Penalty Matter and Opportunity to Comment in the Matter of Sunpol Resins, Inc.

Comment Opens: March 9, 2016
Public Comment Closes: April 8, 2016

In The Matter of Sunpol Resins and Polymers, Inc., Docket No: OPA-09-2016-0002

Complainant:

Kathleen Johnson
Director, Enforcement Division
U.S. EPA, Region IX
75 Hawthorne Street
San Francisco, CA 94105

Respondent's name and mailing address:

Sunpol Resins, Inc.
2475 Crocker Circle
Fairfield, CA 94533

Description of Business or Activity Conducted by the Respondent: Resins Manufacturing

Alleged Violation: In the Consent Agreement, EPA alleges that, as of EPA’s inspection on March 29, 2012, Respondent had failed to comply with the applicable Oil Spill Prevention, Control and Countermeasure (SPCC) Rule requirements of the Clean Water Act. Specifically, as required by 40 CFR 112.3(a), the owner/operator of a facility subject to the SPCC regulations must develop, certify and implement a SPCC Plan meeting all the applicable technical requirements of the SPCC rule. At the time of the inspection, no SPCC plan was in place. Additionally, as required by 40 CFR 112.7 and 112.8, Sunpol failed to provide general containment and/or drainage controls for oil transfer activities and had inadequate sized containment for bulk aboveground storage tanks. Along with a penalty assessment in the amount of $41,600.00 and enforcement of the SPCC Rule requirements, the facility has been brought into full compliance, and the potential for environmental harm in the form of an oil spill to the Suisun Marsh and surrounding environments has been averted.

Proposed Settlement Penalty: $41,600.00

Name, Mailing Address, Telephone Number, and Email Address of Regional Hearing Clerk:

Steven Armsey
U.S. Environmental Protection Agency, Region IX
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-09-2016-0002), 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) (12 pp, 340K 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).