EPA v. C.L. BURCHENAL OIL CO., INC

Case summary

Respondent failed to prepare SPCC Plan in accordance with § 112.7, as required by 40 C.F.R. § 112.3(a). The Facility's SPCC Plan failed to: predict direction, rate of flow, and quantity of oil that could potentially be discharged due to major types of equipment failures as required by § 112.7(b); discuss conformance with the minimal spill prevention standards of § 112. 7( c); discuss conformance with applicable guidelines of the follow subsections of § 112. 7( e): (\) facility drainage(onshore); (2) bulk storage tanks (onshore); (3) facility transfer operations; (4) facility tank car and tank truck loading/unloading; (8) inspections and records;(9) security; and (10) personnel, training and spill prevention procedures. Failure to implement an SPCC Plan in accordance with § 112.7, as required by 40 C.F.R. § I 12.3(a) (1973). Respondent failed to implement: tank truck loading and unloading area guidelines of § 112.7(e)(4)(ii) by failing to provide a containment system at the rack designed to hold at least maximum capacity of any single compartment of a tank car or tank truck loaded or unloaded in the plant; inspections and records guidelines of § I 12.7(e)(8) by failing to implement written procedures for all required inspections, failing to record inspections in its SPCC Plan, failing to ensure inspection records were signed by the appropriate supervisor or inspector, and failing to maintain such records for three years; personnel, training and spill prevention procedures of § lI2.7(e)(10)(i) by failing to properly instruct personnel in the operation and maintenance of equipment to prevent the discharges of oil and applicable pollution control laws, rules, and. regulations; review requirements of § 112.5(b) by failing to complete a review and evaluation ofthe SPCC Plan at least once every three years from the date the Facility became subject to § I 12.3(a).

Defendants (1)

• C.L. BURCHENAL OIL CO., INC (SB)Named in complaintNamed in settlement

Facilities (1)

• C.L. BURCHENAL OIL CO, INC (WYOMING)

  146 SOUTHERN BLVD, WYOMING, DE, 19934

  Registry ID: 110040428631

Statutes cited

• CWA 311J — SPCC and/or Federal Response Plan Violations

Enforcement conclusions (1)

• C.L. BURCHENAL OIL CO., INCentered 2011-09-28

  Primary law: CWA

Timeline (3 milestones)

• 2011-09-28Final Order Issued
• 2011-09-28Complaint Filed/Proposed Order
• 2011-10-05Enforcement Action Data Entered