EPA v. ERGON REFINING, INC.

Case summary

2/12/13 - CONSENT AGMT AND FINAL ORDER ISSUED, ASSESSING PENALTY OF $8,600, DUE W/IN 30 DAYS. ALLEGATIONS: ON JAN 13, 2010, AN INSPECTION WAS CONDUCTED BY EPA AT RESPONDENT'S FACILITY TO DETERMINE COMPLIANCE WITH SPCC REGS. EPA ALLEGES: A. 40 CFR 112.7: THIS REG REQUIRES THAT AN SPCC PLAN FOLLOW THE SEQUENCE OF THE RULE OR INCLUDE A DETAILED CROSS-REFERENCE OF REQUIREMENTS IN THE SPCC PLAN WITH THE SPCC RULES. HOWEVER, RESPONDENT'S SPCC PLAN DID NOT FOLLOW THE SEQUENCE OF THE RULE OR INCLUDE A DETAILED CROSS-REFERENCE OF THE REQUIREMENTS IN THE PLAN AS REQUIRED BY 40 CR 112.7. B. 40 CFR 112.7(b): THIS REG REQUIRES THAT, WHERE EXPERIENCE INDICATES A REASONABLE POTENTIAL FOR EQUIPMENT FAILURE, AN SPECC PLAN MUST PREDICT THE DIRECTION, RATE OF FLOW, AND TOTAL QUANTITY OF OIL WHICH COULD BE DISCHARGED FROM THE FACILITY AS A RESULT OF EACH TYPE OF MAJOR EQUIPMENT FAILURE. HOWEVER, RESPONDENT'S SPCC PLAN DID NOT INLCUDE A PREDITION OF THE RATE OF FLOW FOR THE TOTAL QUANTITY OF OIL THAT COULD BE DISCHARGED FROM EACH TYPE OF MAJOR EQUPMENT FAILURE. C. 40 CFR 112.7(c): THIS REG, AND 40 CFR 112.7(a)(1), REQUIRES AN SPCC PLAN TO DISCUSS CONTAINMENT METHODS FOR OIL FILLED OPERATIONAL EQUIPMENT AT A FACILITY. HOWEVER, RESPONDENT'S SPCC PLAN DID NOT DISCUSS CONTAINMENT METHODS FOR OIL FILLED PIPING AT ITS FACILITY. D. 40 CFR 112.7(g): THIS REG REQUIRES AN SPCC PLAN TO DISCUSS SECURITY MECHANISMS FOR ITS FACILITY. SPECIFICALLY, AN SPCC PLAN MUST DESCRIBE HOW A FACILITY SECURES AND CONTROLS ACCESS TO THE OIL HANDLING, PROCESSING AND STORAGE AREAS, SECURES MASTER FLOW AND DRAIN VALVES, PREVENTS UNAUTHORIZED ACCESS TO STARTER CONTROLS ON OIL PUMPS; SECURES OUT-OF-SERVICES AND LOADING/UNLOADING CONNECTIONS OF OIL PIPELINES; AND MUST DISCUSS THE APPRORIATENESS OF SECURITY LIGHTING TO BOTH PREVENTS ACTS OF VANDALISM AND ASSIST IN THE DISCOVERY OF OIL DISCHARGES. HOWEVER, RESPONDENT'S SPCC PLAN DID NOT INCLUDE AN ADEQUATE DISCUSSION OF SECURITY MECHANISMS. E. 40 CFR 112.7(h)(1): THIS REG REQUIRES THAT A FACILITY DESIGN ANY CONTAINMENT SYSTEM TO HOLDAT LEAST THE MAXIMUM CAPACITY OF ANY SINGLE COMPARTMENT OF A TANK CAR OR TANK TRUCK LOADED OR UNLOADED AT THE FACILITY. ADDITIONALLY, 40 CFR 112.7(a)(1), REQUIRES AN SPCC PLAN TO DISCUSS THE DESIGN OF ITS CONTAINMENT SYSTEM TO DEMONSTRATE SATISFACTION OF THE CONTAINMENT CAPACITY REQUIREMENTS. HOWEVER, RESPONDENT'S SPCC PLANT DID NOT INCLUDE A DISCUSSION OF THE DESIGN OF ITS CONTAINMENT SYSTEM FOR ITS TANK CAR AND TANKER TRUCK LOADING/UNLOADING RACK AREAS AND THE FACILITY HAD NOT PROVIDED ADEQUATE SECONDARY CONTAINMENT FOR ITS TANK CAR LOADING/UNLOADING RACK AREAS. F. 40 CFR 112.7(i): THIS REG, IN CONNECTION WITH 40 CFR 112.7(a)(1), REQUIRES AN SPCC PLAN TO DISCUSS THE EVALUATION OF FIELD CONSTRUCTED ABOVEGROUND CONTAINERS WHICH HAVE UNDERGONE A REPAIR, ALTERATION, RECONSTRUCTION, OR A CHANGE IN SERVICE THAT MIGHT AFFECT THE RISK OF A DISCHRAGE OR FAILURE DUE TO BRITTLE FRACTURE OR CATASTROPHE, OR HAS DICHARGED OIL OR FAILED DUE TO BRITTLE FRACTURE FAILURE OR OTHER CATASTROPHE. HOWEVER, RESPONDENT'S SPCC PLAN DID NOT INCLUDE A DISCUSSION OF THE EVALUATION OF FIELD CONSTRUCTED ABOVE GROUND CONTAINERS. G. 40 CFR 112.7(j): THIS REG REQUIRES AN SPCC PLAN TO INCLUDE A COMPLETE DISCUSSION OF CONFORMANCE WITH THE APPLICABLE REQUIREMENTS AND OTHER EFFECTIVE DISCHARGE PREVENTION AND CONTAINMENT PROCEDURES LISTED IN 40 CFR PART 112 OR ANY APPLICABLE MORE STRINGENT STATE RULES, REGS, AND GUIDELINES. HOWEVER, RESPONDENT'S SPCC PLAN DID NOT INCLUDE A DISCUSSION OF MORE STRINGENT STATE RULES, REGS, AND GUIDELINES. SEE SENSITIVE COMMENTS FOR ADDITIONAL VIOLATION INFORMATION.

Defendants (1)

• ERGON REFINING, INC.Named in complaintNamed in settlement

Facilities (3)

• ERGON REFINING INC

  2611 HAINING ROAD, VICKSBURG, MS, 39180

  Registry ID: 110000376575

• ERGON REFINING INC

  2611 HAINING ROAD, VICKSBURG, MS, 39180

  Registry ID: 110000376575

• ERGON REFINING INC

  2611 HAINING ROAD, VICKSBURG, MS, 39180

  Registry ID: 110000376575

Statutes cited

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

Enforcement conclusions (1)

• ERGON REFINING, INC.entered 2013-02-21

  Primary law: CWA

  Federal penalty: $8,600

Timeline (4 milestones)

• 2013-02-12Complaint Filed/Proposed Order
• 2013-02-20Enforcement Action Data Entered
• 2013-02-21Final Order Issued
• 2013-02-21Enforcement Action Closed