An official website of the United States government.

Public Notice: US Lubricants Inc., Commerce, CA; Proposed Settlement of Clean Water Act Class II Administrative Penalty Matter and Opportunity to Comment

How to Comment

Comments accepted through: 08/16/2019

Please provide the following information along with your comments and submit them in accordance with Part 22: Your full name, mailing address, telephone number, email address, the Docket Number (Docket No. OPA-09-2019-0045), and a concise statement of the basis for, and relevant facts, supporting any comment for the case on which you are commenting.

Persons wishing to comment on this case, including comments on the amount of or basis for the proposed penalty, are invited to submit a statement to the EPA Regional Administrator, attention of the Regional Hearing Clerk (address below), within 30 days of this public notice.

All comments received within this 30-day period will be considered prior to the issuance of the final order. See 40 C.F.R. § 22.45(b). If the 30th day of the comment period falls on a Saturday, Sunday, or federal holiday, the deadline shall be extended to the next business day. In order to provide opportunity for public comment and in accordance with 40 C.F.R. § 22.45(b), EPA will not take final action in this proceeding prior to forty (40) days after issuance of this notice.

For More Information

Persons wishing to receive a copy of 40 C.F.R. Part 22 or review the Consent Agreement and Proposed Final Order may contact the Regional Hearing Clerk identified below. Please note that the federal regulations are available online at the Code of Federal Regulations (CFR) web site. During the comment period, the public record for the proceeding may also be inspected during business hours at the office of the Regional Hearing Clerk (address below).

Name, Mailing Address, Telephone Number, and Email Address of Regional Hearing Clerk

Steven Armsey (r9hearingclerk@epa.gov)
U.S. Environmental Protection Agency, Region IX
75 Hawthorne Street (ORC-1)
San Francisco, CA 94105
(415) 972-3919

Publish Date: 07/17/2019

Summary

The United States Environmental Protection Agency, Region IX ("EPA"), is authorized under Section 311(b)(6)(B)(ii) of the Clean Water Act (CWA), 33 U.S.C. § 1321(b)(6)(B)(ii), to assess civil penalties after providing the persons subject to the penalty notice of the proposed penalty and an opportunity for a hearing, and after providing interested persons public notice of the proposed penalty and a reasonable opportunity to comment on its issuance. Under Section 311(b)(6), any owner, operator, or person in charge of any vessel, onshore facility, or offshore facility who fails or refuses to comply with any regulation issued under subsection 311(j) to which that owner, operator, or person in charge is subject, may be assessed a civil penalty. Class II proceedings for Section 1321(b)(6)(B)(ii) of the Clean Water Act are conducted in accordance with the "Consolidated Rules of Practice Governing the Administrative Assessment of Civil Penalties, Issuance of Compliance or Corrective Action Orders, Revocation/Termination or Suspension of Permits," ("Part 22") 40 C.F.R. Part 22, 64 Fed. Reg. 40138 (July 23, 1999).

US Lubricants, Inc., ("Respondent") agrees to the issuance of this Consent Agreement and Proposed Final Order ("settlement"). In accordance with Section 311(b)(6)(B)(ii) of the Act, 33 U.S.C. § 1321(b)(6)(B)(ii), EPA is hereby providing public notice of, and the opportunity to comment on the proposed settlement in the following matter:

In the Matter of US Lubricants Inc., Docket No. OPA-09-2019-0045

Complainant

Amy C. Miller
Director, Enforcement and Compliance Assurance Division
U.S. EPA, Region IX
75 Hawthorne Street
San Francisco, CA 94105

Respondent's Name and Mailing Address

US Lubricants Inc.
4000 East Washington Boulevard
Commerce, CA 90023

Description of Business or Activity Conducted by the Respondent

Bulk oil storage and blending facility.

Alleged Violations

In the Consent Agreement, EPA alleges that Respondent failed to provide adequate security for piping at the rail spur (40 C.F.R. 112.7(g)); failed to address secondary containment for truck loading/unloading rack area in the Facility’s SPCC Plan (40 C.F.R. § 1 12.7(h)(1)); failed to provide a secondary means of containment for bulk storage containers that is sufficiently impervious to contain spilled oil (40 C.F.R. § 1 12.8(c)(2)); failed to maintain records of inspections and tests (40 C.F.R. § 112.8(c)(6)); failed to address, in the Facility’s SPCC Plan, capping or blank-flanging of terminal connections at transfer points and marking as to origin when piping is not in service or is in standby service for an extended time (40 C.F.R. § 1 12.8(d)(2)); failed, in the Facility’s SPCC Plan, to address proper design of pipe supports to minimize abrasion and corrosion and allow for expansion and contraction (40 C.F.R. § 1 12.8(d)(3)); and failed to develop and implement a Facility Response Plan (40 C.F.R. § 112.20).

Proposed Settlement Penalty

$196,314.00

Applicant or Respondent

US Lubricants Inc.
4000 East Washington Boulevard
Commerce, CA 90023