EPA v. HAZLETON OIL AND ENVIRONMENTAL, INC.

Case summary

September 27, 2024, the EPA Region III Regional Judicial Officer issued a Final Order ratifying the Consent Agreement between EPA and Hazleton Oil and Environmental, Inc., ( HOE ). HOE is the owner and operator of a waste oil recycling facility located at 300 Tamaqua Street in Hazleton, Pennsylvania (the Hazleton Facility ), and the Barnesville Bulk Petroleum Storage Plant located at the intersection of Routes 54 and 1020 in Barnesville, Pennsylvania (the Artex Facility ). The Consent Agreement initiates and settles alleged violations of the CWA's SPCC requirements. EPA alleged that HOE had failed to (1) provide appropriate containment and/or diversionary structures to prevent a discharge; (2) test or inspect each aboveground oil storage container for integrity; (3) install liquid level sensing devices on certain aboveground oil storage containers; (4) promptly correct visible discharges of oil; (5) have technical amendments of the Hazleton Facility's SPCC Plan certified by a professional engineer; (6) mark the location and contents of each fixed oil storage container, transfer areas, and connecting pipes in the Hazleton Facility's SPCC Plan facility diagram; (7) address the type of oil and storage capacity of each fixed oil storage container in the Hazleton Facility's SPCC Plan; (8) amend the Hazleton Facility's SPCC Plan after a change in the facility design, construction, operation, or maintenance that materially affects its potential for a discharge; (9) keep records of Inspections with the Hazleton Facility's SPCC Plan for three years; (10) implement the Artex Facility's SPCC Plan by failing to produce records of monthly inspections conducted at the Artex Facility prior to December 2020 and by failing to produce annual training records for four of the previous five years prior to the Inspection; (11) prepare an adequate FRP by failing to follow the format of the Model Facility-Specific Response Plan by failing to include a description of the normal daily throughout of the Artex Facility in the Artex FRP; and (12) implement the Response Training and Drills/Exercise Program in the Artex FRP by failing to produce copies of drill logs. The Consent Agreement requires that HOE pay a civil penalty, based on HOE's ability to pay, of $6,352.55, payable over six (6) months. This case helps ensure compliance by HOE with spill prevention regulations and to mitigate potential discharge threats into nearby waterways and safeguard adjacent Pennsylvania communities. HOE is not located in an area with potential environmental justice concerns. The Commonwealth of Pennsylvania was notified of the inspection and the alleged violations. The SPCC program is directly implemented by EPA and are not delegated to states.

Defendants (1)

• HAZLETON OIL AND ENVIRONMENTAL, INC.Named in complaintNamed in settlement

Facilities (2)

• HAZLETON OIL AND ENVIRONMENTAL, INC.

  300 TAMAQUA STREET, HAZLETON, PA, 18201

  Registry ID: 110001083309

• ARTEX, INCORPORATED - BARNESVILLE BULK PETROLEUM STORAGE PLANT

  FAIRVIEW STREET, BARNESVILLE, PA, 18214

  Registry ID: 110064072578

Statutes cited

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

Enforcement conclusions (1)

• HAZLETON OIL AND ENVIRONMENTAL, INC.entered 2024-09-27

  Primary law: CWA

  Federal penalty: $6,353

Timeline (4 milestones)

• 2024-09-27Complaint Filed/Proposed Order
• 2024-09-27Final Order Issued
• 2024-10-01Enforcement Action Data Entered
• 2025-03-10Enforcement Action Closed