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
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.
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