H.C. MCCOMAS FUEL CO.

On March 23, 2010, Regional Judicial Officer (“RJO”) Renée Sarajian issued a favorable Initial Decision as to liability and penalty in a case captioned In the Matter of H.C. McComas Fuel, Co., Docket No. CWA-03-2007-0098. EPA alleged that McComas was in violation of the Oil Pollution Prevention regulations, 40 C.F.R. Part 112, promulgated pursuant to Section 311(j) of the Clean Water Act, as amended. The violation pertained to McComas’ failure to have adequate secondary containment for the loading rack at its bulk oil storage facility at 2301 Evergreen Street, Baltimore, Maryland. The Administrative Complaint was issued pursuant to Section 311(b)(6)(B)(i) of the CWA, and proposed a Class I penalty. Thereafter, on October 30, 2008, an administrative hearing was held in Philadelphia, PA, before the RJO. The lead attorney for the Complainant was John J. Monsees, Senior Assistant Regional Counsel. In her March 23, 2010 Initial Decision, RJO Sarajian relied heavily on the testimony, observations and conclusions of EPA Region III SPCC Coordinator Anne Gilley-Taurino, as well as a former contractor of McComas. On the basis of that testimony and the documentary evidence presented by EPA at the hearing, the RJO found McComas liable for the violation alleged against it in the Complaint and assessed the full penalty proposed by EPA.