JULY 24, 2025 - EXPEDITED SETTLEMENT AGREEMENT AND FINAL ORDER
The EPA inspected the Respondent's UST Facilities on April 23 and 24, 2024. Based on the inspections, the EPA alleges that the Respondent failed to comply with the following requirements of Subtitle I of RCRA, 42 U.S.C. 6991et seq., and its implementing regulations at 40 C.F.R. Part 280:
a) Pursuant to 40 C.F.R. 280.40(a)(2), owners and operators of UST systems must provide a method, or combination of methods, of release detection that is installed and calibrated in accordance with the manufacturer's instructions. On April 23 and 24, 2024, EPA inspectors observed that the liquid monitoring sensors in containment sumps for the submersible turbine pumps (STPs) associated with the UST Facilities were positioned higher than the lowest portion of the STP sumps and, therefore, were not installed in accordance with the manufacturer's instructions specifying installation of the sensors at the base of the sumps. The EPA inspectors also observed that there was an inch or more of the fuel additive product standing in each STP sump for the UST Facilities, and the liquid monitoring sensors located in the upper portions of the sumps were not alarming to the presence of the additive in the bottom of the sumps. Therefore, the EPA alleges that the Respondent violated 40 C.F.R. 280.40(a}(2} at each of the UST Facilities by failing to install the liquid monitoring sensors in accordance with the manufacturer's instructions.