Storage Tank Enforcement: U.S. Environmental Protection Agency and Verona, Virginia, Tank Owner Enter into Consent Agreement

Mitchell, Williams, Selig, Gates & Woodyard, P.L.L.C.

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The United States Environmental Protection Agency (“EPA”) and PM Properties, Inc./c/o CrossAmerica Partners, L.P., (“PM”) entered into a June 9th Consent Agreement (“CA”) addressing alleged violations of the underground storage tank (“UST”) regulations. See Docket No. RCRA-03-2021-0094.

The CA indicates that PM owns or operates five USTs at a facility (“Facility”) in Verona, Virginia.

The USTs are described as including:

  1. One 10,000 gallon tank, installed in April 1986, that routinely contained regular gasoline;
  2. One 10,000 gallon tank, installed in April 1986, that routinely contained regular gasoline;
  3. One 10,000 gallon tank, installed in April 1986, that routinely contained premium gasoline;
  4. One 8,000 gallon tank, installed in April 1986, that routinely contained diesel fuel;
  5. One 4,000 gallon tank, installed in April 1986, that routinely contained kerosene fuel

EPA is stated to have sent a Request for Information letter to PM on January 15th. PM is stated to have released tank release detection records for all of the USTs at the Facility for 2017, 2018, and for January 2019, February 2019 and April 2019. PM is also described as providing additional information to EPA in subsequent communications.

The USTs are described as utilizing fiberglass-reinforced plastic piping that routinely contained regulated substances conveyed using a pressurized pumping system. Further, the USTs were equipped with a cathodic protection system to protect against corrosion.

Violations alleged in the CA include:

  • Failure to conduct Tank Release Detection
  • Failure to Perform Automatic Line Leak Detector Testing
  • Failure to Conduct Annual Line Tightness Testing or to Utilize a Monthly Method of Piping Release Detection
  • Failure to Have Spill Prevention Equipment

A civil penalty of $25,603 is assessed.

A copy of the CA can be downloaded here.

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Mitchell, Williams, Selig, Gates & Woodyard, P.L.L.C.
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