Public Notices

Gulf Oil, Limited Partnership
WHITEHALL, PENNSYLVANIA

Notice of Intend to assess administrative penalty
and opportunity for public comment

U.S. ENVIRONMENTAL PROTECTION AGENCY--REGION III
Hazardous Site Cleanup Division (3HS61)
1650 Arch Street
Philadelphia, Pennsylvania 19103

Comments will be accepted until July 3, 2013

Docket No.CWA-03-2013-0151

NOTICE: EPA Region III offers for public comment the issuance of a Consent Agreement and Final Order (“CAFO”) against Gulf Oil Limited Partnership, (“Respondent”), 100 Crossing Blvd. Framingham, Massachusetts 01702. This CAFO alleges two violations of the Oil Pollution Prevention regulations, 40 C.F.R. Part 112, for the Respondent’s gasoline distribution terminal located at 2451 Main Street Whitehall, Pennsylvania 1805 (“Facility”). The public comment period will be open from June 3, 2013 to July 3, 2013.

SUMMARY OF VIOLATIONS: On September 16, 2011, EPA Inspectors determined that the Respondent violated the Clean Water Act by failing to implement various requirements of its Spill Prevention, Control, and Countermeasure Plan (“SPCC Plan”). Specifically, the Facility was in violation of the Clean Water Act for failure to protect exposed buried oil piping. Also, the Facility failed to provide secondary containment sufficiently large to contain the tank shell capacity plus sufficient freeboard to allow for precipitation. Respondent corrected the violations by adequately implementing its SPCC Plan at the Facility in 2012. In a settlement with the U.S. Environmental Protection Agency, Respondent has agreed to pay a penalty of $45,880.51 for violations of the Oil Spill Prevention regulations at the Facility.

OPPORTUNITY FOR COMMENT ON PROPOSED PENALTY ASSESSMENT: Persons wishing to comment on the amount or basis of the proposed penalty are invited to submit a statement to the EPA Regional Administrator, attention of the Regional Hearing Clerk (address below), within thirty (30) days of the date of this public notice. All comments received within this thirty-day period will be considered in the formulation of the final order. All comments must include the name, address, and telephone number of the author and concise statement of the basis for any comment and any relevant facts on which it is based. All comments should be addressed to:

Lydia Guy
Regional Hearing Clerk (3RC00)
U.S. EPA, Region III
1650 Arch Street
Philadelphia, PA 19103-2029

AVAILABILITY OF INFORMATION: Information relevant to the proposed penalty assessment may be requested through the Regional Hearing Clerk identified above.

REGISTER OF INTERESTED PERSONS:Any person interested in a particular case or group of cases may leave his/her name, address, and telephone number on a registry of interested persons which will be maintained in each file. The list of names will be maintained as a means for persons with an interest in the case to contact others with the same interest.

FOR FURTHER INFORMATION: Interested parties may contact the following EPA representative to learn more about this action.

Wandaliz Mercado

Mercado.wandaliz@Epa.gov
Hazardous Site Cleanup Division
Oil & Prevention Branch (3HS61)
U.S. EPA Region 3
1650 Arch Street
Philadelphia, PA 19103-2029
215-814-3183

Baltimore County, Maryland

NOTICE OF INTENT TO FILE CONSENT AGREEMENT AND FINAL ORDER ASSESSING ADMINISTRATIVE PENALTY AND OPPORTUNITY FOR PUBLIC COMMENT

U.S. ENVIRONMENTAL PROTECTION AGENCY--REGION III
Water Protection Division, Office of NPDES Permits and Enforcement, NPDES Enforcement Branch (3WP42)
1650 Arch Street
Philadelphia, Pennsylvania 19103

Date of Notice: May 30, 2013
NPDES Permit No.: MD0068314
DOCKET NUMBER: CWA-03-2013-0124

Comments will be accepted until July 29, 2013.

In accordance with Section 309(g) of the Clean Water Act (CWA), 33 U.S.C. § 1319(g), notice is hereby given that the U.S. Environmental Protection Agency (EPA), Region III, is proposing to file a Consent Agreement and Final Order (CAFO) assessing an administrative civil penalty against the Respondent named below, for alleged violations at the facilities listed below.

RESPONDENT:
Baltimore County
105 Chesapeake Avenue
Towson, MD 21204
FACILITIES:
Baltimore County’s Municipal Separate Storm Sewer System (MS4)
Cockeysville Service Center, 101 Wight Avenue, Cockeysville, Maryland 21030
Hopkins Creek Bus Lot, 104 Weber Avenue, Baltimore, Maryland 21221
Kenwood Bus Facility, 600 Stemmers Run Road, Baltimore, Maryland 21221

SUMMARY OF VIOLATIONS: Respondent violated the terms of its National Pollutant Discharge Elimination System (NPDES) permit which authorizes discharges of stormwater through its Municipal Separate Storm Sewer System (MS4).  Respondent also violated the NPDES permit for discharges of stormwater associated with industrial activity at several county facilities.  The CAFO alleges that Respondent failed to: (1) maintain an appropriate illicit discharge detection and elimination program as required by the MS4 permit: (2) have and implement Stormwater Pollution Prevention Plans (SWPPPs) at three county facilities covered under the industrial stormwater NPDES general permit; and (3) comply with the salt pile provisions of the industrial general permit at one county facility.  These failures constitute a violation Sections 301(a) and 402 of the CWA, 33 U.S.C. §§ 1311(a) and 1342.  These violations were discovered during an NPDES inspection of Baltimore County’s MS4 program in March 2011.

PROPOSED CONSENT AGREEMENT AND FINAL ORDER: Based on the foregoing and having taken into account the penalty factors set forth in Section 309(g) of the CWA, 33 U.S.C. § 1319(g), EPA Region III proposes to file the CAFO requiring the payment of a $47,000.00 penalty.  The CAFO both commences and concludes these proceedings.  As a result of EPA’s enforcement action, Baltimore County has made several enhancements to its MS4 program.

OPPORTUNITY FOR COMMENT: Persons wishing to comment on the amount or basis of the proposed CAFO are invited to submit a statement to the EPA Regional Administrator, addressed to the attention of the Regional Hearing Clerk (address below), within forty  (40) days of the date of this public notice. Comments received within this forty (40) day period will be considered. All comments must include the name, address, and telephone number of the writer and concise statement of the basis for any comment and any relevant facts on which it is based.

All comments should be addressed to:
Regional Hearing Clerk (3RC00)
U.S. EPA, Region III
1650 Arch Street
Philadelphia, PA 19103-2029 

AVAILABILITY OF INFORMATION: Information relevant to the CAFO may be requested through the Regional Hearing Clerk.

REGISTERY OF INTERESTED PERSONS: Any person interested in a particular case or group of cases may leave his/her name, address, and telephone number on a registry of interested persons which will be maintained in each file. The list of names will be maintained as a means for persons with an interest in the case to contact others with the same interest.

FOR FURTHER INFORMATION. Interested parties may contact the following EPA representative to learn more about this action.

Peter Gold
U.S. Environmental Protection Agency
1650 Arch Street
Philadelphia, PA  19103-2029
215-814-5236
gold.peter@epa.gov 

Hart Resource Technology, Inc

Pennsylvania Brine Treatment, Inc.

NOTICE OF INTENT TO ASSESS ADMINISTRATIVE PENALTY AND
OPPORTUNITY FOR PUBLIC COMMENT

U.S. ENVIRONMENTAL PROTECTION AGENCY--REGION III

1650 Arch Street
Philadelphia, Pennsylvania 19103

Comments will be accepted until July 1, 2013

Action: Notice of Proposed Assessment of Clean Water Act Section 309(g)
Class II Penalties and Opportunity to Comment

NOTICE: The U.S. Environmental Protection Agency (EPA), Region III, is hereby giving notice that it proposes to enter into two Consent Agreements and to issue two Final Orders (jointly "CAFOs"), which commence and conclude administrative actions for violations of Section 301 of the Clean Water Act against Hart Resource Technologies, Inc. ("Hart"); and Pennsylvania Brine Treatment, Inc. ("PBT"). The Hart CAFO (PDF) (11pp, 844KB) About PDF proposes to assess an administrative penalty of $63,000 against Hart. The PBT CAFO (PDF) (11pp, 650KB) About PDF proposes to assess an administrative penalty of $20,000 against PBT. EPA is authorized to enter into the CAFOs and assess administrative penalties under Section 309(g) of the Clean Water Act, 33 U.S.C. Section 1319(g). The following further identifies the cases and should be included in any written comments submitted:

Name of Case: Hart Resource Technology, Inc.

Address of Respondent: 5035 U.S. Route 110 West
Creekside, Pennsylvania 15732

EPA Docket No. CWA-03-2013-0049

Property located at:
5035 U.S. Route 110
Creekside, Pennsylvania 15732

Name of Case: Pennsylvania Brine Treatment, Inc.

Address of Respondent: 5035 U.S. Route 110 West
Creekside, Pennsylvania 15732
EPA Docket No. CWA-03-2013-0050

Property located at:
5148 U.S. Route 322
Franklin, Pennsylvania 16323
931 Bells Mills Road
Josephine, Pennsylvania 15750

OPPORTUNITY FOR COMMENT: Section 309(g) of the Act, 33 U.S.C. § 1319(g), requires that interested persons be given notice of the proposed penalty and a reasonable opportunity to comment.  Procedures by which the public may submit written comments or participate in the proceedings are described in the Consolidated Rules of Practice Governing the Administrative Assessment of Civil Penalties, Issuance of Compliance or Corrective Action Orders, and the Revocation, Termination or Suspension of Permits,(Consolidated Rules), 40 C.F.R. Part 22.  The deadline for submission of written public comments is forty (40) days after issuance of the public notice.  Comments should be made to:

Regional Hearing Clerk (3RC00)
U.S. EPA--Region III
1650 Arch Street
Philadelphia, PA 19103-2029

Pursuant to 40 C.F.R. Section 22.18(b)(2), the CAFO simultaneously commences and concludes this proceeding. Pursuant to Section 22.45(b), EPA must notify the public no less than 40 days before the issuance of the CAFO.

FOR FURTHER INFORMATION: Interested parties may contact the following EPA representative to learn more about this action:

Rebecca Crane
crane.rebecca@epa.gov
U.S. Environmental Protection Agency-Region III
1650 Arch Street
Philadelphia, PA 19103
215-814-2389

Mark Bolender
bolender.mark@epa.gov
U.S. Environmental Protection Agency--Region III (3RC20)
1650 Arch Street
Philadelphia, PA 19103
215-814-2642