EPA v. American Retail Services, LLC - ESA Pilot

Case summary

On July 5, 2017, Region 10 filed an Expedited Settlement Agreement and Final Order (ESA) to resolve alleged Underground Storage Tanks violations by American Retail Services - Fresno, LLC., (dba Laughlin Oil Bulk Plant), the operator of underground storage tanks (USTs) at a facility in McMinnville, Oregon. This is the fourth settlement in FY17 in Region 10 using the UST ESA pilot authority to target repeat violators while streamlining settlement for EPA and owners/operators. The ESA requires American Retail Services - Fresno to pay a $12,780 penalty for four violations including: failure to provide an adequate line leak detector test for two lines, failure to provide an adequate line tightness test for two lines, failure to notify of a suspected release within 24 hours, and failure to initiate a suspected release investigation and confirmation steps within seven days of the discovery of a suspected release. An annual line tightness test and line leak detector for each line should be conducted annually to minimize the risk to the environment. Failure to notify the implementing agency of a suspected release and taking the necessary steps to mitigate releases to the environment could potential become a greater hazard. Corrective actions taken under this settlement to test the lines and leak detectors, and investigate the cause of the release, in compliance with regulatory requirements helps prevent up to 40,000 gallons of gasoline and 20,000 gallons of diesel from being released to the environment. American Retail Services - Fresno, LLC., provided a copy of a line tightness and leak detector tests and agreed to pay a $12,780 penalty.

Defendants (1)

• American Retail Services, LLCNamed in complaintNamed in settlement

Facilities (1)

• LAUGHLIN OIL BULK PLANT

  1920 NE LAFAYETTE AVE, MCMINNVILLE, OR, 97128

  Registry ID: 110004805729

Statutes cited

• RCRA 9003 — UST Release Detection, Prevention, Correction Regulations

Enforcement conclusions (1)

• American Retail Services, LLC - ESA Pilotentered 2017-07-05

  Primary law: RCRA

  Federal penalty: $12,780

Timeline (4 milestones)

• 2017-05-09Enforcement Action Data Entered
• 2017-07-05Final Order Issued
• 2017-07-05Complaint Filed/Proposed Order
• 2017-07-11Enforcement Action Closed