Public Notices

Massey, Wood and West, INC.
Mechanicsville, VA

PUBLIC NOTICE ISSUE DATE: September 30, 2008
COMMENTS DUE BY: October 30, 2008
DOCKET NUMBER: CWA-03-2008-0434

EPA Region III today offers for public comment the issuance of an Administrative Complaint against Massey, Wood and West, Inc. (“Respondent”), 1713 Westwood Avenue, Richmond, Virginia, 23227. This complaint cites seven violations of the Oil Pollution Prevention regulations, 40 C.F.R. Part 112, for the Respondent’s facility located at 8400 Meadowbridge Road, Mechanicsville, VA (the “Facility”). The public comment period will be open from September 30, 2008 to October 30, 2008.

SUMMARY OF VIOLATIONS:

The Facility is an on-shore, bulk petroleum storage plant, engaged in storing fuel oil, diesel and mineral oil. It operates three aboveground field-erected steel storage tanks and five aboveground factory-manufactured horizontal tanks, with a total capacity of approximately 1,580,000 gallons of petroleum products. The Facility is subject to the Oil Pollution Prevention Regulations, which includes Spill Prevention, Control and Countermeasures (“SPCC”) and Facility Response Plan (“FRP”) requirements. The violations documented in the complaint pertain to the Facility’s failure to (1) prepare an FRP; (2) failure to implement a drills/exercises program; (3) failure to perform, or failure to maintain adequate records of, tests and inspections, and (4) personnel training; (5) failure to comply with security regulations pertaining to facility lighting; (6) failure to retain adequate records of dike drainage events; and (7) failure to provide complete discussions in the SPCC plan pertaining to the certification of technical amendments by a professional engineer, and facility tank car and tank loading/unloading rack requirements. The combined proposed penalty for these violations is $157,500.00.

OPPORTUNITY TO COMMENT ON PROPOSED PENALTY ASSESSMENT:

Persons wishing to comment on the amount or basis of the proposed penalty are invited to submit a statement to the EPA Regional Administrator, attention of the Regional Hearing Clerk (address below), within thirty (30) days of the date of this public notice. All comments received within this thirty-day period will be considered in the formulation of the final order. All comments must include the name, address, and telephone number of the author and concise statement of the basis for any comment and any relevant facts on which it is based. All comments should be addressed to:

Regional Hearing Clerk (3RC00)
U.S. EPA, Region III
1650 Arch Street
Philadelphia, PA 19103

AVAILABILITY OF INFORMATION: Information relevant to the proposed penalty assessment may be requested through the Regional Hearing Clerk identified above.

REGISTER OF INTERESTED PERSONS: Any person interested in a particular case or group of cases may leave his/her name, address, and telephone number on a registry of interested persons which will be maintained in each file. The list of names will be maintained as a means for persons with an interest in the case to contact others with the same interest.

FOR ADDITIONAL INFORMATION: Contact the following EPA representative to learn more about this action.

Arlín Galarza (galarza-hernandez.arlin@epa.gov)
Oil & Prevention Branch (3HS61)
U.S. EPA- Region III
1650 Arch Street
Philadelphia, PA 19103
215-814-3223