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Public Notice: Lanai Oil Company Inc, Isle of Lanai, Hawaii; Proposed Settlement of Clean Water Act Section 311 Class II Administrative Penalty

How to Comment

Comments accepted through: 11/13/2020

Please provide your full name and mailing address. Please submit your comment in writing stating that you are providing comments on the proposed assessment of a penalty pursuant to Section 311(b)(6) of the Clean Water Act, 33 U.S.C. § 1321(b)(6), and intend to participate in the proceeding. Please include the following Docket Number CWA-09-2020-0072 with your comments.

All comments must be submitted to the Regional Hearing Clerk (address below), within 30 days of the date of this public notice (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. EPA will consider all comments received within this 30-day period before issuance of the final order. Please note that 40 C.F.R. Part 22, the federal regulations governing these proceedings, can be found online at www.ecfr.gov.

We encourage electronic submittals, including in addition to any required hard copy submissions, but if you are unable to submit electronically or need other assistance, please reach out to the contact listed in the notice or regulation or, if unavailable, the responsible EPA program’s general contact email or phone number.

If you need assistance in a language other than English or if you are a person with disabilities who needs a reasonable accommodation at no cost to you, please reach out to the listed contact by email or phone

Name, Mailing Address, Telephone Number, and Email 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

Proposed Consent Agreement and Final Order

Publish Date: 10/14/2020

Summary

EPA is providing notice of a proposed administrative penalty settlement with Lanai Oil Company Inc (Respondent) for violations of Clean Water Act (CWA) regulations at its bulk oil storage facility located at Kaumalapau Harbor, Isle of Lanai, Hawaii. EPA alleges the Respondent violated requirements under 40 Code of Federal Regulations (C.F.R.) Part 112, by failing to conduct a review and evaluation of its Spill Prevention Control and Countermeasures (SPCC) plan at least once every five years, conduct integrity testing of its above-ground oil storage tanks, and properly permanently close out-of-service above-ground oil storage tanks.

Pursuant to Section 311(b)(6) of the CWA, 33 U.S.C. § 1321(b)(6), and in accordance with 40 C.F.R. Part 22 (rules of practice for assessing administrative civil penalties), EPA proposes entering into a Consent Agreement and Final Order (CA/FO) with Respondent to simultaneously commence and conclude this CWA Class II civil administrative penalty proceeding. Under the proposed CA/FO, Respondent will pay the United States a civil penalty of $71,166 to resolve this matter.

In the Matter of Lanai Oil Company Inc
CWA-09-2020-0072

Complainant: Amy Miller-Bowen, Director, Enforcement and Compliance Assurance Division, U.S. EPA, Region 9, 75 Hawthorne Street, San Francisco, California 94105.

Respondent: Lanai Oil Company Inc, Kaumalapau Harbor, Isle of Lanai, Hawaii

Description of Business or Activity Conducted by the Respondent: Respondent operates a bulk oil storage and distribution terminal facility located at Kaumalapau Highway (the Facility).  The Facility is subject to certain requirements, including the SPCC regulations at 40 C.F.R. Part 112.

Summary of Alleged Violations: The Respondent failed to conduct a review and evaluation of its SPCC plan at least once every five years, conduct integrity testing of the above-ground oil storage tanks, and properly permanently close out-of-service above-ground oil storage tanks.

Proposed Penalty: $71,166

Applicant or Respondent: Lanai Oil Company Inc, Kaumalapau Harbor, Isle of Lanai, Hawaii 96763

Applicant or Respondent

Lanai Oil Company Inc
16 Hobron Ave.
Kahului, HI 96732