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The United States Environmental Protection Agency (“EPA”) and Lubrizol Corporation (“LC”) entered into a January 24th Expedited Settlement Agreement and Final Order (“ESA”) addressing alleged violations of the federal Underground Storage Tank (“UST”) Regulations. See Docket No. RUST-05-2024-0001.

The ESA provides that LC is the owner or operator of a UST (“Facility”) in Wickliffe, Ohio.

The LC Facility is stated to have failed to comply with the following requirements of Subtitle I of the Resource Conservation and Recovery Act (“RCRA”) and its implementing regulations at 40 CFR Part 280:

• 40 C.F.R. § 280.20(c)(1)(i) Failure to install adequate spill prevention equipment in a new tank (penalty $923).
• 40 C.F.R. § 280.35(a)(1) Failure to periodically test spill prevention equipment (penalty $1,222).
• 40 C.F.R. § 280.35(a)(2) Failure to periodically test and inspect overfill prevention equipment (penalty $1,222).
• 40 C.F.R.§ 280.41(a) Failure to monitor tanks every 30 days (penalty $1,222).

LC neither admits nor denies the factual allegations in the ESA.

A civil penalty of $4,589 is assessed.

A copy of the ESA can be downloaded here.