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The United States Environmental Protection Agency (“EPA”) and Pocono Gas Stations Inc. (“PGSI”) entered into a December 30th Expedited Settlement Agreement (“ESA”) addressing alleged violations of the Pennsylvania Department of Environmental Protection’s Underground Storage Tank (“UST”) Regulations. See Docket No. RCRA-03-2020-0043.
The ESA provides that PGSI owns and/or operates USTs located in Stroudsburg, Pennsylvania.
The ESA further provides that on August 28, 2019, a Compliance Evaluation Inspection (“CEI”) was undertaken. The following tanks were stated to have been identified at the facility which included:
- A 6,000-gallon tank (Tank 1) that was installed in or about December 1987, and that, at all times relevant hereto, routinely contained regular-grade gasoline, a “regulated substance" as that term is defined in Pennsylvania Code Title 25 Chapter 245 §245.1
- A 6,000-gallon tank (Tank 2) that was installed in or about December 1987, and that, at all times relevant hereto, routinely contained super-grade gasoline, a "regulated substance" as that term is defined in Pennsylvania Code Title 25 Chapter 245 §245.1.
- A 4,000-gallon tank (Tank 3) that was installed in or about December 1987, and that, at all times relevant hereto, routinely contained diesel fuel, a "regulated substance" as that term is defined in Pennsylvania Code Title 25 Chapter 245 §245.1.
- A 550-gallon tank (Tank 4) that was installed in or about December 1987, and that, at all times relevant hereto, routinely contained kerosene, a "regulated substance" as that term is defined in Pennsylvania Code Title 25 Chapter 245 §245.1.
The following violations were stated to have been identified:
Pennsylvania Code title 25 Chapter 245 §245.442(1) by failing to perform tank release detection on Tank 2 from October 2018 through July 2019.
A civil penalty of $940 is assessed.
A copy of the ESA can be downloaded here.
