EPA v. EVERTS AIR FUEL INC

Case summary

Region 10 Settles with Everts Air Fuel, Inc. (Fairbanks, AK) for CWA Violations. On September 2, 2020, Region 10 filed an expedited settlement agreement resolving violations of the Clean Water Act by Everts Air Fuel, Inc. located in Fairbanks, Alaska. Respondent operates a bulk storage terminal in Fairbanks, Alaska. An EPA spill prevention, control and countermeasure (SPCC) plan review and a CWA reconnaissance inspection determined the facility truck loading/unloading rack lacked adequate secondary containment, the SPCC plan was outdated and lacked numerous regulatory requirements and facility lacked adequate spill prevention precautionary measures. At the time of the inspection, the bulk terminal had a storage capacity of approximately 166,000 gallons but was in the process of initiating a major tank storage expansion project. An oil spill from this bulk terminal facility has the potential to enter the Chena River. The Chena River supports many fresh water fish species including Arctic grayling, king salmon, longnose suckers and humpback whitefish. The Chena River flows through Fairbanks and because of easy access, the river is considered the most popular sportfishing river in Interior Alaska. The Chena River is tributary to the Tanana River, at approximately 3 river miles downstream of where an Everts oil spill would enter the Chena River. The Tanana River flows into the Yukon River and then into the Bering Sea. All of these rivers are highly valued surface waters in the Alaskan interior. The company ultimately hired a consulting firm to revise and update the SPCC plan, construct and install various secondary containment features. The company estimated the cost of correcting the violations was approximately $539,000.

Defendants (1)

• EVERTS AIR FUEL INCNamed in complaintNamed in settlement

Facilities (1)

• EVERTS AIR FUEL - FUEL TERMINAL

  5449 MAIL TRAIL ROAD, FAIRBANKS, AK, 99709

  Registry ID: 110070133623

Statutes cited

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

Enforcement conclusions (1)

• EVERTS AIR FUEL INCentered 2020-09-02

  Primary law: CWA

  Federal penalty: $7,562

Timeline (4 milestones)

• 2020-07-21Enforcement Action Data Entered
• 2020-09-02Complaint Filed/Proposed Order
• 2020-09-02Enforcement Action Closed
• 2020-09-02Final Order Issued