Notice of Proposed Settlement of Clean Water Act Class II Administrative Penalty Matter and Opportunity to Comment in the Matter of West Newport Oil Company

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

In the Matter of West Newport Oil Company, Docket Number OPA-09-2016-0001

Authority for Penalty, Settlement and Public Comment

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). 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, this proposed settlement.

Complainant

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

Respondent's Name and Mailing Address

West Newport Oil Company
P.O. Box 1487
Newport Beach, CA 92659

Description of Business or Activity Conducted by the Respondent

Onshore Oil Production Facility

Alleged Violations

In the Consent Agreement, EPA alleges that Respondent's Spill Prevention Countermeasures and Control ("SPCC") plan for its West Newport Oil Production Field facility failed to comply with applicable requirements of 40 C.F.R. Part 112, including failure to provide certain information, procedures and documentation required by 40 C.F.R. §§ 112.3, 112.7 and 112.8.

Respondent neither admits nor denies these allegations, but agrees to enter into the Consent Agreement and agrees to issuance of the Proposed Final Order.

Proposed Settlement Penalty

$7,000.00

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

Persons wishing to comment on this Proposed Settlement, 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.

Please provide the following information along with your comments in accordance with Part 22: Your full name, mailing address, telephone number, email address, the Docket Number (Docket No. OPA-09-2016-0001), and a concise statement of the basis for, and relevant facts supporting, any comment for the case to which you are commenting.

All comments received within this 30-day public comment 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

The regulations governing these proceedings are found in 40 C.F.R. Part 22, which is available online at the Code of Federal Regulations (CFR) web site. The Consent Agreement and Proposed Final Order (PDF) (11 pp, 309K) is also available on the EPA Region 9 website. A copy of these documents may also be obtained by contacting the Regional Hearing Clerk identified above. 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).