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Pacific Southwest, Region 9

Serving: Arizona, California, Hawaii, Nevada, Pacific Islands, Tribal Nations

CWA Class II Administrative Penalty, Consent Agreement and Opportunity to Comment in Matter of SFO Fuel LLC and Chevron U.S.A. Inc.

Publish Date: October 13, 2009 Public Comment Closes: November 12, 2009

In the Matter of SFO Fuel LCC and Chevron U.S.A. Inc., Docket No. OPA 9-2010-0001

Under Section 311(b)(6) of the Clean Water Act, 33 U.S.C. § 1321(b)(6), EPA is authorized to seek Class II administrative penalties against any person that fails to comply with the requirements of regulations enacted in accordance with Section 311(j) of the Clean Water Act, 33 U.S.C. § 1321(j). Class II proceedings under Section 311(b)(6) are conducted in accordance with 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,” set forth at 40 C.F.R. Part 22. EPA is providing notice of the following Consent Agreement In the Matter of SFO Fuel LLC and Chevron U.S.A. Inc., Docket No. OPA 9-2010-0001; Complainant Keith Takata, Director, Superfund Division, U.S. EPA, Region IX, 75 Hawthorne Street, San Francisco, California 94105; Respondent, SFO Fuel LLC (“SFO Fuel”), a California limited liability company, and Chevron U.S.A. Inc. (“Chevron”), a Pennsylvania corporation. In the proposed consent agreement, EPA alleges that SFO Fuel and Chevron failed to have adequate secondary containment to comply with the requirements of 40 CFR § 112.  Respondents’ self-reported that they might not have adequate volume in their secondary containment for the tanks at their facility to EPA in October 2008. Respondent neither admits nor denies EPA’s specific allegations, but consents to the assessment of a civil penalty of $177,500.  In addition, in an Administrative Order on Consent that Respondents signed at the same time, Respondents have agreed to bring the facility into compliance by September 30, 2010 and to improve the imperviousness of its secondary containment by installing a geosynthetic clay liner throughout the secondary containment area at the facility.  The procedures by which the public may comment on the proposed Class II penalty or participate in a Class II penalty proceeding are set forth in the Consolidated Rules. The deadline for submitting public comment on this proposed Class II Consent Agreement is thirty (30) days after publication of this notice.

For More Information

Persons wishing to receive a copy of the Consolidated Rules, review the Consent Agreement or other documents filed in the proceeding, or comment or participate in the proceeding, should contact the Regional Hearing Clerk, U.S. EPA, Region 9, 75 Hawthorne Street, San Francisco, California 94105, (415) 972-3871, or email r9hearingclerk@epa.gov. Documents filed as part of the public record in the proceedings are available for inspection during business hours at the office of the Regional Hearing Clerk. The administrative record for this proceeding is located in the EPA Regional Office identified above, and the file will be open for public inspection during normal business hours. EPA will not issue a Final Order assessing a penalty in these proceedings prior to forty (45) days after the date of publication of this notice.

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