EPA v. TANGIER OIL COMPANY, INC. AND BARBARA THOMAS (TANGIER OIL COMPANY, INC.)

Case summary

On April 8, 2020, EPA entered into an Administrative Order on Consent ( Consent Order ) with Barbara Thomas and Tangier Oil Company, Inc. ( Tangier Oil ), the owner and operator of a fuel storage and distribution facility located directly adjacent to Tangier Harbor and the Chesapeake Bay ( the Facility ). The Facility consists of one 250-gallon heating oil tank, one 110-gallon mobile tank, and nine bulk storage tanks (three 20,000-gallon diesel fuel tanks, two 10,000-gallon diesel fuel tanks, one 20,000-gallon gasoline tank, one 10,000-gallon gasoline tank, and two 20,000-gallon kerosene tanks), has an aggregate aboveground oil storage capacity of 150,360 gallons, and conducts overwater transfers of oil to and/or from vessels at the Facility's dock. EPA inspected the Facility on August 15, 2018 and found several areas of noncompliance with Section 311(j) of the CWA and its implementing SPCC and FRP Regulations, including but not limited to: failing to have secondary containment around bulk storage tanks that is adequately large and sufficiently impervious to contain oil, in violation of 40 C.F.R. 112.8(c)(2); failing to have a qualified individual test or inspect each aboveground container for integrity on a regular schedule, as defined by industry standards, in violation of 40 C.F.R. 112.8(c)(6); failing to develop and implement oil spill preparedness and response training in violation of 40 C.F.R. 112.21(b); and failing to develop and fully implement a program of facility response drills/exercises, including evaluation procedures, in accordance with an approved program, in violation of 40 C.F.R. 112.21(c). The Consent Order, which is issued pursuant to Sections 311(c) and (e) of the CWA, provides that Respondents will undertake the following work: (1) to submit to EPA a revised SPCC plan and FRP; (2) to modify the secondary containment capacity or impermeability, if necessary, on an EPA-approved schedule; (3) to hire an independent consultant with sufficient qualifications and experience to evaluate the condition of each above-ground oil storage tank at the Facility and to remedy any tank deficiencies on an EPA-approved schedule; and (4) to schedule and complete mandatory training, and drills and exercises. Justin Williams and Craig Nicol of VDEQ were notified of this proposed action on 8/29/17. Tom Madigan of VDEQ was notified of the inspection and invited to participate via email on July 16, 2018, and informed of this proposed issuance of an AOC via email on July 15, 2019.

Defendants (2)

• BARBARA THOMASNamed in settlement
• TANGIER OIL COMPANY, INCNamed in settlement

Facilities (2)

• TANGIER OIL COMPANY

  101 MAIN STREET, TANGIER, VA, 23440

• TANGIER OIL COMPANY, INC.

  1000 WILLIAMS WHEATLEY ROAD, TANGIER, VA, 23410

  Registry ID: 110070739695

Statutes cited

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

Enforcement conclusions (1)

• TANGIER OIL COMPANY, INC. AND BARBARA THOMAS (TANGIER OIL COMPANY, INC.)entered 2020-04-07

  Primary law: CWA

Timeline (2 milestones)

• 2020-04-07Final Order Issued
• 2020-04-09Enforcement Action Data Entered