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The U.S. Environmental Protection Agency (“EPA”) and Cedar Marine Terminals, LP (“CMT”) have issued an October 22 Consent Agreement and Final Order (“CAFO (“SPCC”) and Federal Response Plan (“FRP”) regulations. See docket number CWA-06-2022-4809.
CAFO indicates that CMT is the owner of a facility with above-ground storage capacity located in Chambers County, Texas.
- crude oil
- gasoline
- diesel fuel
- asphalt
- jet fuel storage
(collectively, “Facilities”)
CAFO also noted that the Facility is a non-transportation onshore facility from which it could reasonably be expected to discharge hazardous amounts of oil into the navigable waters of the United States or adjacent shorelines. (i.e. SPCC regulated facility).
EPA stated that it inspected the facility on March 1 and found that the facility’s SPCC plan (the “Plan”) had not been developed and implemented as follows:
- The plan failed to address suitable mobile/portable containment and/or distraction structures or equipment as required by 40 CFR § 112.7(c).
It is also stated that at the aforementioned March 1 inspection, EPA determined that CMT had failed to adequately develop and implement FRPs in accordance with 40 CFR § 112.20 as follows:
- Failure to develop a facility response plan for the facility pursuant to 40 CFR § 112.20
A civil penalty of $18,600 will be imposed.
You can download a copy of CAFO here.
