EPA v. KFG ARMSTRONG SED & #4/TB

Case summary

10/27/10 - SPCC SETTLEMENT AGREEMENT ISSUED, ASSESSING A PENALTY OF $1,550. ALLEGED VIOLATIONS: 1. FAILURE TO PREPARE A WRITTEN SPCC PLAN FOR THE FACILITY AS REQUIRED BY 40 CFR 112.3(a) IN ACCORDANCE WITH THE GUIDELINES FOR PLAN PREPARATION AT 40 CFR 112.7 a. PLAN DID NOT DISCUSS METHODS OF DISPOSAL OF RECOVERED MATERIALS AS REQUIRED BY 40 CFR 112.7(a)(v); b. PLAN DID NOT INCLUDE A SITE SPECIFIC PREDICTION OF THE DIRECTION, RATE OF FLOW, AND TOTAL QUANTITY OF OIL THAT COULD BE DISCHARGED FOR EACH TYPE OF MAJOR EQUIPMENT FAILURE AS REQUIRED BY 40 CFR 112.7(b); c. PLAN DID NOT INCLUDE A CONTINGENCY PLAN THAT FOLLOWS 40 CFR 109 AS REQUIRED BY 40 CFR 112.7(d)(1); D. PLAN DID NOT INCLUDE WRITTEN COMMITMENT TO CLEANUP AN OIL SPILL AS REQUIRED BY 40 CFR 112.7(d)(2); E. PLAN DID NOT INCLUDE A DISCUSSION OF APPLICABLE MORE STRINGENT STATE RULES, REGULATIONS, AND GUIDELINES AS REQUIRED BY 40 CFR 112.7(j); F. PLAN DID NOT ADEQUATELY DISCUSS SECONDARY CONTAINMENT FOR TANK BATTERY AND TREATING FACILITIES AS REQUIRED BY 40 CFR 112.9(c)(2). THE SPECIFIC MATERIAL USED TO CONSTRUCT THE DIKE SYSTEM IS NOT IDENTIFIED AND THERE IS NO DISCUSSION OF CONTAINMENT FOR THE TREATER UNITS. 2. THE PROFESSIONAL ENGINEER'S CERTIFICATION STATEMENT IN THE SPCC PLAN DID NOT INCLUDE ALL OF THE ATTESTATIONS AS REQUIRED BY 40 CFR 112.3(d). 3. FAILURE TO IMPLEMENT AN SPCC PLAN AS REQUIRED BY 40 CFR 112.3(a) IN ACCORDANCE WITH THE GUIDELINES FOR PLAN IMPLMENTATION AT 40 CFR 112.7 AND 112.9; 4. SECONDARY CONTAINMENT IS NOT PROVIDED FOR THE TREATER UNITS AS REQUIRED BY 40 CFR 112.9(c)(2); 5. INADEQUATE INSPECTION OF CONTAINERS FOR DETERIORATION AND MAINTENANCE NEEDS AS REQUIRED BY 40 CFR 112.9(c)(3). A PLUG ON TANK #5 AT ARMSTRONG SWD WAS LEAKING OIL.

Defendants (1)

• KFG PETROLEUM-ARMSTRONG SEDNamed in complaintNamed in settlement

Facilities (1)

• KFG ARMSTRONG SED & #4/TB

  BIG RIVER FIELD, ELLIS CLIFFS, MS, 39120

  Registry ID: 110043253582

Statutes cited

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

Enforcement conclusions (1)

• KFG ARMSTRONG SED & #4/TBentered 2010-10-27

  Primary law: CWA

  Federal penalty: $1,550

Timeline (4 milestones)

• 2010-10-27Final Order Issued
• 2010-10-27Complaint Filed/Proposed Order
• 2010-11-12Enforcement Action Closed
• 2010-12-14Enforcement Action Data Entered