Colonial Oil Industries, Inc. (Board decision, August 14, 2018)

Plain-English summary

The EPA EAB order concerns Colonial Oil Industries, Inc. The two-page release does not describe the underlying alleged violation or the specific obligations in the incorporated Consent Agreement. The Board relied on EPA's Consolidated Rules of Practice and Clean Air Act section 205(c)(1), incorporated the Consent Agreement into the Final Order, and ratified it. Colonial Oil Industries was ordered to comply with every term of the agreement effective immediately. The release does not state a penalty amount.

Decision snapshot

• Cited authorities: 40 C.F.R. § 22.18(b), § 22.18(c), and 42 U.S.C. § 7524(c)(1)
• Outcome: The Consent Agreement was ratified, and Colonial Oil Industries was ordered to comply with its terms immediately.
• Key point: An EAB Final Order can incorporate and ratify a Consent Agreement and make compliance effective immediately.

Full text (EPA EAB public release)

F I L E D
Aug 14 2018

Clerk, Environmental Appeals Board

INITIALS ______
ENVIRONMENTAL APPEALS BOARD
UNITED STATES ENVIRONMENTAL PROTECTION AGENCY
WASHINGTON, D.C.

In re:
Colonial Oil Industries, Inc.
Respondent.

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Docket No. CAA-HQ-2018-8384

FINAL ORDER
Pursuant to 40 C.F.R. § 22.18(b)-(c) of EPA’s Consolidated Rules of Practice and Clean Air Act section 205(c)(1), 42 U.S.C. § 7524(c)(1), the attached Consent Agreement resolving this matter is incorporated by reference into this Final Order and is hereby ratified. The Respondent is ORDERED to comply with all terms of the Consent Agreement, effective immediately. So ordered.1 ENVIRONMENTAL APPEALS BOARD

Dated:

August 14, 2018

1

Mary Beth Ward
Environmental Appeals Judge

The three-member panel ratifying this matter is composed of Environmental Appeals Judges Aaron P. Avila, Kathie A. Stein, and Mary Beth Ward.

CERTIFICATE OF SERVICE
I certify that copies of the foregoing “Consent Agreement” and “Final Order,” in the matter of Colonial Oil Industries, Inc., Docket No. CAA-HQ-2018-8384, were sent to the following persons in the manner indicated:

By E-mail:
Mr. Brad Samuelson
Colonial Oil Industries, Inc.
3 Riverway, Suite 2000
Houston, TX 77056
E-mail: [email protected]
Mr. Frank Brown
Colonial Oil Industries, Inc.
101 North Lathrop Ave.
Savannah, GA 31415
E-mail: [email protected]
Virginia Sorrell
Office of Civil Enforcement
Office of Enforcement and Compliance Assurance
U.S. Environmental Protection Agency
1595 Wynkoop St.
Mail Code 8MSU
Denver, CO 80202-1129
E-mail: [email protected]

Dated:

August 14, 2018 ____

Eurika Durr
Clerk of the Board