EPA v. KHERA PETROLEUM, LLC

Case summary

JUNE 11, 2025 - CONSENT AGREEMENT On February 23, 2022, an inspection was conducted by EPA at the Respondent's Facility to determine compliance with SPCC regulations. Consent Agreement and Final Order, a) At the time of the EPA inspection, there was no written SPCC Plan for the facility. b) At the time of the EPA inspection, there were holes, cracks, or voids in diked containment walls. c) At the time of the EPA inspection, bulk storage containers were not tested nor inspected for integrity in accordance with industry standards. d) At the time of the EPA inspection, records of inspections and tests were not maintained. e) At the time of the EPA inspection, effluent treatment systems (i.e., oil-water separators) were not frequently inspected to detect upsets that could cause a discharge. f) At the time of the EPA inspection, mobile/portable containers were not provided with sized secondary containment. g) At the time of the EPA inspection, pipe terminal connections were not marked to origin, nor capped or blank-flanged when not in service. h) At the time of the EPA inspection, aboveground piping, valves, joints, pipe supports, etc., were not inspected regularly. i) At the time of the EPA inspection, warning devices for vehicles were not present to prevent damage to aboveground piping and other oil transfer operations. Due to its location, the Facility could reasonably be expected to discharge oil and/or other pollutants to Kings Creek and/or their adjoining shorelines in quantities that would (a) violate applicable water quality standards or (b) cause a film or sheen upon or discoloration of the surface of the navigable waters of the United States or adjoining shorelines or cause a sludge or emulsion to be deposited beneath the surface of such water or adjoining shorelines. The Facility is therefore a non-transportation-related onshore facility which, due to its location, could reasonably be expected to discharge a harmful quantity of oil to a navigable water of the United States or its adjoining shorelines in a harmful quantity and, therefore, is an SPCC regulated facility. Because the Facility has an aggregate above ground storage capacity greater than 1,320 gallons of oil in containers, each with a capacity of at least 55 gallons, it does not qualify for the exemption under 40 C.F.R. ? 112.1(d)(2). Respondent failed to prepare an SPCC Plan (?Plan?) in accordance with 40 C.F.R. ?? 112.7, 112.8, and any other applicable sections of 40 C.F.R. Part 112, as required by 40 C.F.R. ? 112.3(a). Additionally, Respondent failed to meet general requirements for SPCC Plans listed under 40 C.F.R. ? 112.7 and specific discharge prevention and containment procedures listed in 40 C.F.R. ?112.8, as required by 40 C.F.R. ? 112.8(a). Specifically, the Respondent failed to implement the following requirements: a) Records of inspections and tests not maintained as required by 40 CFR ? 112.7(e); b) Oil handling personnel have not been trained as required by 40 CFR ? 112.7(f)(1 & 3); c) Records of dike drainage events (i.e., drainage of uncontaminated rainwater) are not generated as required by 40 CFR ? 112.8(c)(3); d) Aboveground storage containers have not been integrity tested as required by 40 CFR ? 112.8(c)(6); e) Aboveground storage containers are not provided with liquid level as required by 40 CFR ? 112.8(c)(8); f) Buried piping is not provided with wrappings/coatings nor cathodic protection as required by 40 CFR ? 112.8(d)(1); g) All aboveground piping is not provided with proper pipe supports as required by 40 CFR ? 112.8(d)(3). The EPA therefore alleges that Respondent violated the regulatory requirements and is therefore in violation of 40 C.F.R. ?? 112.3(a) and 112.8(a). Respondent consents to the payment of a civil penalty, which was calculated in accordance with the Act, in the amount of $1,000.00, which is to be paid within thirty (30) calendar days of the Effective Date of this CAFO.

Defendants (1)

• KHERA PETROLEUM, LLCNamed in complaintNamed in settlement

Facilities (1)

• KHERA PETROLEUM

  631 SOUTH GLOSTER STREET, TUPELO, MS, 38801

  Registry ID: 110044648138

Statutes cited

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

Enforcement conclusions (1)

• KHERA PETROLEUM, LLCentered 2025-06-11

  Primary law: CWA

  Federal penalty: $1,000

Timeline (4 milestones)

• 2025-06-11Complaint Filed/Proposed Order
• 2025-06-11Final Order Issued
• 2025-06-12Enforcement Action Closed
• 2025-07-07Enforcement Action Data Entered