# ERGON REFINING, INC.
> **Administrative - Formal** · FY2013 · — · Final Order With Penalty
## Case
- **Activity ID:** `3400054907`
- **Case Number:** 04-2013-7002
- **Type:** Administrative - Formal
- **Lead:** EPA
- **Outcome:** Final Order With Penalty
- **Penalty assessed:** —
- **Cost recovery:** —
- **Compliance action $:** —
- **Multimedia (multi-env):** —
## Defendants
- ERGON REFINING, INC. (complaint) (settlement)
## Summary

2/12/13 - CONSENT AGMT AND FINAL ORDER ISSUED, ASSESSING PENALTY OF $8,600, DUE W/IN 30 DAYS.

ALLEGATIONS:
ON JAN 13, 2010, AN INSPECTION WAS CONDUCTED BY EPA AT RESPONDENT'S FACILITY TO DETERMINE COMPLIANCE WITH SPCC REGS. EPA ALLEGES:

A. 40 CFR 112.7: THIS REG REQUIRES THAT AN SPCC PLAN FOLLOW THE SEQUENCE OF THE RULE OR INCLUDE A DETAILED CROSS-REFERENCE OF REQUIREMENTS IN THE SPCC PLAN WITH THE SPCC RULES. HOWEVER, RESPONDENT'S SPCC PLAN DID NOT FOLLOW THE SEQUENCE OF THE RULE OR INCLUDE A DETAILED CROSS-REFERENCE OF THE REQUIREMENTS IN THE PLAN AS REQUIRED BY 40 CR 112.7.

B. 40 CFR 112.7(b): THIS REG REQUIRES THAT, WHERE EXPERIENCE INDICATES A REASONABLE POTENTIAL FOR EQUIPMENT FAILURE, AN SPECC PLAN MUST PREDICT THE DIRECTION, RATE OF FLOW, AND TOTAL QUANTITY OF OIL WHICH COULD BE DISCHARGED FROM THE FACILITY AS A RESULT OF EACH TYPE OF MAJOR EQUIPMENT FAILURE. HOWEVER, RESPONDENT'S SPCC PLAN DID NOT INLCUDE A PREDITION OF THE RATE OF FLOW FOR THE TOTAL QUANTITY OF OIL THAT COULD BE DISCHARGED FROM EACH TYPE OF MAJOR EQUPMENT FAILURE.

C. 40 CFR 112.7(c): THIS REG, AND 40 CFR 112.7(a)(1), REQUIRES AN SPCC PLAN TO DISCUSS CONTAINMENT METHODS FOR OIL FILLED OPERATIONAL EQUIPMENT AT A FACILITY. HOWEVER, RESPONDENT'S SPCC PLAN DID NOT DISCUSS CONTAINMENT METHODS FOR OIL FILLED PIPING AT ITS FACILITY.

D. 40 CFR 112.7(g): THIS REG REQUIRES AN SPCC PLAN TO DISCUSS SECURITY MECHANISMS FOR ITS FACILITY. SPECIFICALLY, AN SPCC PLAN MUST DESCRIBE HOW A FACILITY SECUR

---
*Source: [EPA ECHO](https://echo.epa.gov/) · AI Analytics · CC0 1.0*