EPA v. BUCKEYE TERMINALS, LLC

Case summary

November 30, 2021, Region III's Enforcement and Compliance Assurance Division Director signed a proposed Consent Agreement between EPA and Buckeye Terminals, LLC ( Buckeye ), the owner and operator of a petroleum storage and distribution facility located at 134 BP Tank Lane, Greensburg, PA 15601, that initiates and settles alleged violations of the CWA's Spill Prevention, Control, and Countermeasure ( SPCC ) requirements. The EPA alleged that Buckeye had failed to (1) include in its SPCC Plan a complete discussion of conformance with the requirements listed in 40 C.F.R. Part 112 of the Oil Pollution Prevention Regulations; (2) keep complete inspection records; and (3) comply with Bulk Storage Container Requirements. Buckeye agreed to pay a $67,856 penalty in the settlement. This case helps ensure compliance by Buckeye with spill prevention regulations and to mitigate potential discharge threats into nearby waterways and safeguard adjacent Pennsylvania communities. The Commonwealth of Pennsylvania was notified of the inspection and the alleged violations. The SPCC program is directly implemented by the EPA and is not delegated to states. The Facility is not located in an EJ area of concern. The 40-day public notice and an opportunity to comment on the claims set forth in this Consent Agreement, in accordance with Section 311(b)(6)(C)(i) of the CWA and 40 C.F.R. 22.45, began on August 18, 2021, but due to an error in the public notice, the settlement had to be republished on September 7, 2021. The public comment period ended on October 27, 2021. No comments were received.

Defendants (1)

• BUCKEYE TERMINALS, LLCNamed in complaintNamed in settlement

Facilities (8)

• BUCKEYE TERMINALS, LLC

  134 BP TANK LANE, GREENSBURG, PA, 15601

  Registry ID: 110032885812

• BUCKEYE TERMINALS, LLC

  134 BP TANK LANE, GREENSBURG, PA, 15601

  Registry ID: 110032885812

• BUCKEYE GREENSBURG TERMINAL

  ROUTE 136 WEST - 134 BP TANK LANE, GREENSBURG, PA, 15601

  Registry ID: 110032885812

• BUCKEYE GREENSBURG TERMINAL

  ROUTE 136 WEST - 134 BP TANK LANE, GREENSBURG, PA, 15601

  Registry ID: 110032885812

• BUCKEYE TERMINALS, LLC

  134 BP TANK LANE, GREENSBURG, PA, 15601

  Registry ID: 110032885812

• BUCKEYE TERMINALS, LLC

  134 BP TANK LANE, GREENSBURG, PA, 15601

  Registry ID: 110032885812

• BUCKEYE GREENSBURG TERMINAL

  ROUTE 136 WEST - 134 BP TANK LANE, GREENSBURG, PA, 15601

  Registry ID: 110032885812

• BUCKEYE GREENSBURG TERMINAL

  ROUTE 136 WEST - 134 BP TANK LANE, GREENSBURG, PA, 15601

  Registry ID: 110032885812

Statutes cited

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

Enforcement conclusions (1)

• BUCKEYE TERMINALS, LLCentered 2021-12-09

  Primary law: CWA

  Federal penalty: $67,856

Timeline (4 milestones)

• 2021-12-09Final Order Issued
• 2021-12-09Complaint Filed/Proposed Order
• 2021-12-14Enforcement Action Data Entered
• 2022-01-14Enforcement Action Closed