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).

EPA filed an administrative complaint against VSS International Inc. ("Respondent") alleging five counts of failure to comply with the Oil Pollution Prevention regulations, promulgated at 40 C.F.R. Part 112 pursuant to Section 311(j) of the CWA, at its facility located at 3785 Channel Drive, in West Sacramento, California. 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 penalty action.

In the Matter of VSS International Inc.
Docket No. OPA-09-2018-0002

Complainant

Kathleen Johnson
Director, Enforcement Division
U.S. EPA, Region IX
75 Hawthorne Street
San Francisco, CA 94105
 

Respondent's Name and Mailing Address

VSS International, Inc.
3785 Channel Drive
West Sacramento, California 95691

Description of Business or Activity Conducted by the Respondent

Asphalt Production and Distribution.

Alleged Violation

In the Administrative Complaint, EPA alleges that, through the course of two inspections, in November 2012 and September 2016, Respondent had failed to comply with the applicable Spill Prevention, Control and Countermeasure (“SPCC”) requirements of the Oil Pollution Prevention regulations, specifically in: failing to have had at its facility at the time of the inspections SPCC plans that included indication of management approval and diagrams that included all required references, including large storage tanks; failing to have an SPPC plan, as reviewed in the second inspection, that was certified as required by a professional engineer; failing to amend the SPCC plan with six months following Respondent twice putting into service 2.3 million-gallon storage tanks; failing to maintain records of  required testing and inspections; and failing to obtain and implement a Facility Response Plan as required by  40 C.F.R. § 112.20(a).

Proposed Penalty

Up to the Statutory Maximum, $230,958. Final penalty will be determined either through settlement or through administrative hearing.