EPA v. KINDER MORGAN SOUTHEAST TERMINAL, LLC

Case summary

7/27/10 - CONSENT AGMT ISSUED, ASSESSING A PENALTY OF $22,000, DUE NO LATER THAN 30 DAYS. ALLEGATIONS: ON FEB 2, 2006, A DRAIN VALVE AT THE TRUCK LOADING RACK WAS INADVERTENTLY HIT DURING EQUIPMENT MAINTENANCE. THE OPEN VALVE DISCHARGED INTO A DRAIN SYSTEM WHICH FLOWS INTO THE FACILITY'S OIL/WATER SEPARTOR. THE GASOLINE FLOW EXCEEDED THE CAPABILITY OF THE OIL/WATER SEPARATOR, WAS PUMPED THRU THE ACTIVATED CARBON CANISTER, AND ULTIMATELY DISCHARGED OUT OF OUTFALL 001. APPROX 5,387 GALLONS OF PREMIUM GASOLINE WERE DISCHARGED FROM THE FACILITY. IN RESPONSE TO THIS DISCHARGE, EPA CONDUCTED AN SPCC INSPECTION AT THE FACILITY ON FEB 4, 2006, IN ADDITION, EPA SENT RESPONDENT INFO REQUESTS PURSUANT TO SECTIONS 308 AND 311 OF THE CWA ON MARCH 3, 2006; JAN 22, 2008; JAN 27, 2008; AND JAN 21, 2009. RESPONDENT REPLIED TO EACH INFO REQUEST. BASED ON RESPONDENT'S ANSWERS AND THE INSPECTION, EPA DETERMINED THAT RESPONDENT FAILED TO IMPLEMENT ITS SPCC PLAN AS REQUIRED BY 40 CFR 112.3 IN ACCORDANCE WITH THE GUIDELINES FOR PLAN IMPLEMENTATION AT 40 CFR 112.7 AND 112.8. SPECIFICALLY, EPA ALLEGED THE FOLLOWING DEFICIENCIES: A. RESPONDENT FAILED TO KEEP THE MASTER FLOW AND DRAIN FLOW VALVE THAT PERMITTED DIRECT OUTWARD FLOW OF A TANK'S CONTENTS TO THE SURFACE ADEQUATELY SECURED IN A CLOSED POSITION WHEN IN A NON-OPERATING OR STANDBY STATUS AS REQUIRED BY 40 CFR 112.7(g)(2); B. RESPONDENT FAILED TO KEEP SUFFICIENT CONTAINMENT CAPACITY AT THE TRUCK RACK LOADING AREA AS REQUIRED BY 40 CFR 112.7(h)(1) (THE CONTAINMENT SYSTEM MUST HOLD AT LEAST THE MAXIMUM CAPACITY OF THE LARGEST SINGLE COMPARTMENT OF ANY TANK CAR OR TANK TRUCK); AND C. RESPONDENT'S SECONDARY CONTAINMENT STRUCTURES FOR THE TANKS WERE INADEQUATE (AS REQUIRED BY 40 CFR 112.8(c)(2), A FACILITY MUST PROVIDE A SECONDARY MEANS OF CONTAINMENT FOR THE ENTIRE CAPACITY OF THE LARGEST SINGLE CONTAINER INCLUDING SUFFICIENT FREEBOARD TO CONTAIN PRECIPITATION, AND BE SUFFICIENTLY IMPERVIOUS TO CONTAIN DISCHARGED OIL). EPA THEREFORE ALLEGES THAT RESPONDENT VIOLATED 40 CFR 112.3 BY FAILING TO IMPLEMENT SPCC PLAN IN ACCORDANCE WITH THE 40 CFR 112.7 AND 112.8 GUIDELINES FOR PLAN IMPLEMENTATION.

Defendants (1)

• KINDER MORGAN SOUTHEAST TERMINALS, LLCNamed in complaintNamed in settlement

Facilities (2)

• KINDER MORGAN SOUTHEAST TERMINALS

  31 KOLA ROAD, COLLINS, MS, 39428

  Registry ID: 110003996365

• KINDER MORGAN SOUTHEAST TERMINALS

  31 KOLA ROAD, COLLINS, MS, 39428

  Registry ID: 110003996365

Statutes cited

• CWA 311J — SPCC and/or Federal Response Plan Violations
• CWA 311B — Oil & Hazardous Substances Discharge

Enforcement conclusions (1)

• KINDER MORGAN SOUTHEAST TERMINAL, LLCentered 2010-07-27

  Primary law: CWA

  Federal penalty: $22,000

Timeline (4 milestones)

• 2010-07-27Complaint Filed/Proposed Order
• 2010-07-27Final Order Issued
• 2010-08-16Enforcement Action Data Entered
• 2010-08-26Enforcement Action Closed