EPA v. HUNT SOUTHLAND REFINING COMPANY

Case summary

8/28/12 - CONSENT AGMT AND FINAL ORDER ISSUED, ASSESSING A PENALTY OF $27,000 DUE WITHIN 180 DAYS. ALLEGATIONS: ON OR ABOUT JULY 30, 2008, AN INSPECTION WAS CONDUCTED BY EPA AT RESPONDENT'S FACILITY TO DETERMINE COMPLIANCE WITH SPCC REGS. RESPONDENT FAILED TO PREPARE AN ADEQUATE SPCC PLAN. EPA FOUND THE FOLLOWING VIOLATIONS BECAUSE THE FACILITY'S PLAN DID NOT MEET THE FOLLOWING REQUIREMENTS: A. THE PLAN NEITHER FOLLOWED THE SEQUENCE SPECIFIED IN THE SPCC REGS NOR INCLUDED A SECTION PROPERLY CROSS-REFERENCING REQUIREMENTS IN THE PLAN, AS REQUIRED BY 40 CFR 112.7. B. THE PLAN DID NOT DISCUSS BRITTLE FRACTURE EVALUATION OF FIELD CONSTRUCTED TANKS AS REQUIRED BY 40 CFR 112.7(i). C. THE PLAN DID NOT DISCUSS THAT SECONDARY CONTAINMENT SYSTEMS ARE SUFFICIENTLY IMPERVIOUS SO AS TO CONTAIN ANY DISCHARGED OIL, AS REQUIRED BY 40 CFR 112.8(c)(2). D. THE PLAN DID NOT DISCUSS RECORDS OF DIKE DRAINAGE EVENTS, AS REQUIRED BY 40 CFR 112.8(c)(3)(iv). E. THE PLAN DID NOT DISCUSS INSPECTION AND INTEGRITY TESTING PROCEDURES FOR ABOVE-GROUND TANKS, AS REQUIRED BY 40 CFR 112.8(c)(6). F. THE PLAN DID NOT DISCUSS OVERFILL PREVENTION DEVICES FOR ABOVE-GROUND TANKS, AS REQUIRED BY 40 CFR 112.8(c)(8). G. THE PLAN DID NOT DISCUSS OBSERVATION OF THE FACILITY'S EFFLUENT TREATMENT SYSTEM TO DETECT POSSIBLE SYSTEM UPSETS THAT COULD CAUSE A DISCHARGE, AS REQUIRED BY 40 CFR 112.8(c)(9). H. THE PLAN DID NOT DISCUSS THE PROMPT CORRECTION OF VISIBLE DISCHARGES FROM TANKS AND ANCILLARY EQUIPMENT, AS REQUIRED BY 40 CFR 112.8(c)(10). I. THE PLAN DID NOT DISCUSS VARIOUS FACILITY TRANSFER AND PIPING REQUIREMENTS, AS REQUIRED BY 40 CFR 112.8(d)(2), (d)(3), AND (d)(5). RESPONDENT FAILED TO IMPLEMENT THE FACILITY'S PLAN. EPA FOUND THE FOLLOWING VIOLATIONS BECAUSE THE RESPONDENT FAILED TO IMPLEMENT THE FOLLOWING ELEMENTS OF THE SPCC REQUIREMENTS: A. RESPONDENT FAILED TO PROVIDE ACCEPTABLE SECONDARY CONTAINMENT FOR ONE ABOVE-GROUND TANK, AS REQUIRED BY 40 CFR 112.8(c)(2). B. RESPONDENT FAILED TO MAINTAIN RECORDS OF THE INSPECTIONS AND INTEGRITY TESTING OF BULK STORAGE CONTAINERS AND THE INSPECTIONS OF ABOVE-GROUND PIPING, VALVES, AND SIMILAR EQUIPMENT AS REQUIRED BY 40 CFR 112.8(c)(6) AND (d)(4). C. RESPONDENT FAILED TO EQUIP TANKS WITH OVERFILL PREVENTION DEVICES, AS REQUIRED BY 40 CFR 112.8(c)(8). D. RESPONDENT FAILED TO ADEQUATELY OBSERVE THE FACILITY'S EFFLUENT TREATMENT SYSTEM TO DETECT POSSIBLE SYSTEM UPSETS THAT COULD CAUSE A DISCHARGE, AS REQUIRED BY 40 CFR 112.8(c)(9).

Defendants (1)

• HUNT SOUTHLAND REFINING COMPANYNamed in complaintNamed in settlement

Facilities (2)

• HUNT SOUTHLAND REFINING CO LUMBERTON

  7539 HIGHWAY 11 NORTH, LUMBERTON, MS, 39455

  Registry ID: 110000605248

• HUNT SOUTHLAND REFINING CO LUMBERTON

  7539 HIGHWAY 11 NORTH, LUMBERTON, MS, 39455

  Registry ID: 110000605248

Statutes cited

• CWA 311B — Oil & Hazardous Substances Discharge

Enforcement conclusions (1)

• HUNT SOUTHLAND REFINING COMPANYentered 2012-08-28

  Primary law: CWA

  Federal penalty: $27,000

Timeline (4 milestones)

• 2012-08-28Complaint Filed/Proposed Order
• 2012-08-28Final Order Issued
• 2012-09-06Enforcement Action Data Entered
• 2012-09-10Enforcement Action Closed