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Public Notice: Vital Energy Inc., Tamuning, Guam; Proposed Settlement of Clean Water Act Class II Administrative Penalty and Opportunity to Comment

How to Comment

Comments accepted through: 09/07/2018

How to Comment

Instructions for Submitting Comments: 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 CWA §311(b)(6)(A) and intend to participate in the proceeding. Please include the following Docket Number [OPA-09-2018-0005] 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 comment period before issuance of the final order.

Name, Mailing Address, Telephone Number and Email of Regional Hearing Clerk
Steven Armsey
U.S. Environmental Protection Agency, Region IX
75 Hawthorne Street (ORC-1)
San Francisco, CA 94105
(415) 972-3919
r9hearingclerk@epa.gov

For More Information Persons wishing to receive a copy of 40 C.F.R. Part 22 or review the complaints may contact the Regional Hearing Clerk identified above. Please note that the federal regulations are available online at the Code of Federal Regulations (CFR) Web site.

Consent Agreement and Final Order

Publish Date: 08/07/2018

Summary

In accordance with Section 311(b)(6)(A) of the Clean Water Act (CWA), 33 U.S.C. § 1321(b)(6)(A), as amended by the Oil Pollution Act of 1990, and the Consolidated Rules of Practice at 40 C.F.R. Part 22, notice is hereby given of a proposed settlement, recorded in a Consent Agreement and Proposed Final Order (“Proposed Consent Agreement”), between the U.S. Environmental Protection Agency, Region 9 (“EPA”), and Vital Energy, Inc. (“Respondent”) to resolve the following civil administrative penalty proceeding under section 311(b)(6)(A).

Under CWA 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 CWA section 311(j), to which that owner, operator, or person in charge is subject, may be assessed a civil penalty. CWA section 311(b)(6)(C) requires EPA to provide public notice of and a reasonable opportunity to comment on its proposed penalties. The specific procedures for conducting CWA section 311(b)(6)(A) penalty proceedings are further set forth in the Consolidated Rules of Practice at 40 C.F.R. Part 22.

On August 7, 2018, pursuant to 40 C.F.R. §22.13(b) and 22.18(b)(2) and (3), Complainant and Respondent entered into a Consent Agreement and Final Order to simultaneously commence and conclude this CWA Class II civil administrative penalty proceeding. The Proposed Consent Agreement requires Respondent to pay to the United States an Administrative civil penalty of eighty-six thousand, eight hundred seventy-five dollars ($86,875).

In the Matter of Vital Energy Inc.

EPA Docket Number OPA-09-2018-0005

Complainant: Kathleen H. Johnson, EPA Region 9, Enforcement Division Director, 75 Hawthorne Street, San Francisco, California 94105.
Respondent: Vital Energy Inc., 3rd Floor FSM Consulate Bldg., 1755 Army Drive, Tamuning, Guam 96931
Description of Business or Activity Conducted by the Respondent: Respondent operated bulk oil storage facility for Guam Power Authority.
Summary of Alleged Violations: The Respondent failed to have a professional engineer certify the SPCC Plan, stored diesel fuel in an unsuitable aluminum tank, and did not have the required internal and external inspections and tests conducted on the above ground storage tanks they operated.
Proposed Penalty: $86,875

Applicant or Respondent

Vital Energy Inc.
3rd Floor FSM Consulate Bldg.
1755 Army Drive
Tamuning, GU 96931