1(04920 Flr20000

1(04920

UNITED STATES ENVIRONMENTAL PROTECTION AGENCY REGION III 841 Chestnut Building Philadelphia, Pennsylvania 19107

SUBJECT: Recommendation for Determination of DATE: 4/30/97 Imminent and Substantial Threat to Public Healt Welfarr ho t ea Rout Bridg2 52 eSpill Oi e l Site Lewistown, Mifflin Cc^-Pennsylvania FROM: Willia . SteD m i CEPP and Assessment? Section (3HW33) TO: Thoma Voltaggio. C s , Director Hazardous Waste Management Division(3HWOO) THRU: Abraham Ferdas, Associate Director Office of Superfund (3HW02) THRU: Dennis P. Carney, Chief Superfund Removal Branch (3HW30) THRU: Charlie L. Kleeman, Chief Removal Response Section (3HW31)

1. SITE NAM D LOCATIONEAN : Rout Bridg2 52 e e Site Site Nittany Oil Company facility (Facility) 401 East Walnut Street Lewistown, Mifflin County, Pennsylvania 17044 Federal Pollution Number (FPN 05701- ) 2 The Route 522 Bridge Site is located on the Kishacoquillas Creek where U.S. Rout crosse2 52 e creeke Nittane sth Th . y Oil Company Facilit norte th locateSits e yi hn th o e t a d side of Route 522 along the east bank of Kishacoguillas Creek approximately 1.5 miles upstream of its confluence witJuniate th hdischargsource e th th af s eo i Rive t a d e an r the Site.

2. OWNER/OPERATOR: The Nittany Oil Company {Nittany) is the owner and operator Facilite oth f y from which ther bees e ha discharg na l oi f o e Unitewatere e tth oth f dso States. This dischargs i e referred to as the Route 522 Bridge Site. Nittany representatives have been sent written notification of liability. Nittan Company'l Oi y s main business address si 325 North Front Street, Phillipsburg, PA 16866.

flR20000 Nittany Oil Company operates a gas station and mini-mart at the Facility. The historic release to which the product (oil) plume is attributed are the gas station's USTs which were found to be leaking and subsequently replaced. Nittany Oil also operate storagl oi distributiod n sa ean n facility at the Facility.

3. POPULATION INFORMATION/AREA DESCRIPTION: The Route 522 Bridge Site is located in a residential/commercial neighborhood on the outskirts of Lewistown, Pennsylvania. Lewistown is the largest town in the largely rural Mifflin County, Pennsylvania in the Appalachian Mountains. 4. ACCESS: Unrestricted The oil plume from the release extends from the gas station/mini-mar ontd Pennsylvanie tan oth a Departmenf o t Transportation (PennDOT) right-of-way for Route 522 and to the banks Kishacoquillas. The plume discharges into the Kishacoquillas creee Creek th bane kf Th ko .wher e eth discharge was observed is in the normal high-water channel Kishacoquillae oth f s Creek. Thes esecuret areano e sdar and are open to the public as public property or open to the publi publir fo c c commercehandlinl oi e storagd Th g.an e operations are not necessarily "open" to the public for commerce thet ,bu y were t secureth time eno th f eo t da assessment and could be accessed by anyone. 5. COORDINATION WITH OTHER AUTHORITIES: coordinatins i C OS e Th g activities witRemovaA hEP l Enforcemen Sectiol Oi d nan t personne d statlan e officials. Pennsylvania Department of Environmental Resources (PADEP) and Pennsylvania Departmen Transportatiof to n officials participate Site th e n assessmeni d d Facilittan y inspection. 6. SITE CHARACTERISTICS: This Site is the location of historic leaking of USTs at a gas station. The leak{s) resulted in an underground oil plume of unknown size. The characteristics that distinguish this gas station and leaking USTs from thousands of other sites with (formerly) leaking USTs.are its proximity to Kishacoquillas Creek and its proximity to the Route 522 bridge. The Kishacoquillas Creek is topographically immediately down slope of the oil plume at the Site. This oil plume is apparently discharging into the Kishacoquillas Creek creating an ongoing discharge to surface water. The Juniata tributarys it Rive d ran Kishacoquillae th , s Creek where eth discharge is occurring, are, by definition, the waters of

flR200002 the United States. Kishacoquillae Th s Creehiga s hki quality fishery. Below th Kishacoquillae th sit n eo s Cree residentiae ar k d an l commercial properties. The Kishacoquillas Creek discharges into the Juniata River approximately 1.5 miles downstream of the site. The Juniata River is an important fishing, boatin recreationad an g l resource. When PennDOT rebuil Route bridg2 tth e52 e ovee rth Kishacoquillas Creek, PennDOT encountere producl doi n i t excavations around the old bridge abutments. PennDOT changed its plans and constructed special retaining walls to contaidurinl oi afte d e gan n th r construction. PennDOT reports tha fee9 mucs a tproducf s o tha s containetwa d behind the retaining wall since construction. At the time of the On-Scene Coordinator's first inspection of the Site approximatel inche3 1 e PennDOy th producf n so i T s twa monitoring well behind the PennDOT bridge abutment on the east bank of the Kishacoquillas Creek indicating that the retaining wall continue contaio st d stor nproductan l eoi . assessmene th time Ath f teo streae tth m channemoro n es lwa tha 0 fee2 n t frobridge mth e abutment retainin e oilf I gth . the retaining wall cracked or the integrity of the retaining wall was otherwise jeopardized, the oil product may be released to the waters of the United States.

7. CONTAMINANTS PRESENT: The U.S. Coast Guard Marine Safety Laboratory (USCG MSL)identified oil recovered from Facility and PennDOT monitorin weatherega welle b o st d mixtur f ligheo t petroleum products suc gasolins ha d lighean t fuel e oilTh . material smelled lik gasolinea e product sheee Th .n sample froKishacoquillae th m econtait no Cree d kdi n enough product for the USCG MSL to identify the type of product present, but it was identified as a hydrocarbon. Durin assessmene gth sheea t observes ne wa th n do Kishacoquillas Creek emanating from the bank adjacent to the Facility. This shee exhibid ndi t cohesive characteristics e smelpetroleua th f lo d an m product- additionn I . hol,a e was then excavated in the stream bank approximately six linear feet frocreeke e th mhol s excavateTh .ewa e th o t d elevatio creee allowed th kan f no filo dt l with waterA . heavy shee observes nwa d coverin hole watee th e gth n i r which exhibited a distinct gasoline-like petroleum smell. Free-floating oil product is retained behind "a retention wall constructed by PennDOT while building the Route 522 Bridge. The retaining wall is no more than 20 feet from the Kishacoquillas Creek cahnnel. PennDOT reports tha mucs a t h fee9 producf s o ta s containetwa d behin retainine th d g wall since construction On-Scene th time f th o e t eA .

AR200003 Coordinator's first inspectio Site th e f no approximatel 3 1 y inches of product was in the PennDOT monitoring well behind the PennDOT bridge abutment on the east bank of the Kishacoquillas Creek. The stream channel was no more than 20 linear feet from the bridge abutment retaining the oil. Oil is seeping on an ongoing basis into the Kishacoquillas Creek. A significant quality of oil product is-present in the ground water behind a concrete retaining wall twenty feet from the creek.

8. IMMINEN D SUBSTANTIATAN L THREA O PUBLIT C HEALT WELFARER HO : o "imminent and substantial threat to public health or welfare of the United States including, to fish, shellfish, and wildlife..." The Kishacoquillas Creek and its receiver stream, the Juniata River, are important fisheries and provide habitat for other wildlife ongoine Th . g discharg frol e oi th m f eo Site and the threat of discharge of significant volumes of oil contained behind the Route 522 bridge structure poses a threat to fish and wildlife in and along the Kishacoquillas Creek and the Juniata River. This threat constitutes an imminent and substantial threat to public health or welfare of the United States, including fish and wildlife. o "imminent and substantial threat to public health or welfare Unitee oth f d States including... publi privatd can e property, shorelines, beaches, habitat and other living and nonliving natural resources under the jurisdiction or contro Unitee th f dlo States" The Kishacoquillas Creek and its receiver stream, the Juniata River, are important waterways belonging to the Commonwealt Pennsylvaniaf ho shorelinee Th . adjacend san t propertie thesf so e waterway largele sar y privately owned, although some properties along these waterway ownee sar y db Commonwealth agencies (PennDOT locad )an l government entities. These water bodies are important natural resources. The ongoing discharge of oil from the site and e threath dischargf to f significaneo t volumel oi f so contained behin Route bridg2 dth e52 e structure posesa threa publio t privatd can e property, shorelines othed ,an r livin nonlivind an g g natural resource alond an e gth n si Kishacoquillas Creek and the Juniata River. The discharge of oil may be an imminent and substantial threat to public healt welfard Unitee han th f deo States including publid can private property and shorelines and living and nonliving natural resources of the United States. O Non-compliance with Federal oil handling regulations pursuant to the Clean Water Act.

flRZOOOOU A Spill Prevention, Containment and Counter-measures (SPCC) inspection pursuan Cleae th ns conducteo t Watewa t rAc t a d the Facility at the time of the assessment. The inspection revealed several significant problem d design si an , nof adherence to, SPCC requirements, including lack of adequate containment, ongoing leakage and inadequate security which spillagy e resulma th n i tf ten eo f thousandso r hundredso s of thousands of gallons of fuel oil or gasoline -outside containment at the Facility. Facility drainage was configured in such a way as to cause any significant quantities of spilled material to discharge to the Kishacoquillas Creek. Failure to comply with oil handling regulations, specifically regulation secondarr sfo y containment and security, potentially threatens the Kishacoquillas Cree Juniatd kan a River wit majoha l roi spill. 9. List of Supporting documents: . Incident Report #269654 dated 11/14/96; t/3. Pollution Report #1 dated 11/26/96; X'4. Pollution Report #2 dated 12/12/96; 5. Notic Violatiof eo n dated 1/17/97; . '6. SPCC Inspection Report dated 12/12/96; and, 7. Notice to Potential Discharger 4/22/97. 10 . Recommendations : Because condition Route Bridg2 th e52 t s a e SitP eNC meee th t criteria for a removal action, I have determined that condition n imminena se b presen d Site y an tth ema t a t substantial threat to the public health or welfare, and a removal action is warranted. I therefore recommend that you mak requiree eth d statutory determination that e b ther y ema n imminena d substantiatan l threa publio t c healtr ho welfare. Such a determination is necessary in order that EPA have available the option of issuing and administrative order pursuan Cleae th no t Wate r Act deemes a , d appropriate. 11. Action by the Approving Official: I have reviewed the above-stated facts and based upon those facts, I hereby determine that the discharge of oil or threat of discharge of oil at or from the Site is or may be n imminena d substantiatan l publie threath o ct healtr ho welfarUnitee th f deo States.

Date: Thoma Voltaggio. sC , Director Hazardous Waste Management Division

AR200005 NOU-15-199& 12:30 US EPft REGION III 215 566 3254 P.02/82 — ••-»•—I --"—'— ••"-— noport..—»—•" | |_ : • Rvoontwt Muttipl* Regional Co** Number:. CR Number: Through NRCD : NRC Case Number: S5l ftaport: : G By: 2_O Organization: jehecte oneDtechargeD ) PubtiO r c P^Stat looaD FederaP e, lUnknowD l n

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flR200006 POLRE1 #0 P ROUT BRIDG2 52 E E SITE * 1 EAS40 T MAIN STREET LEWISTOWN, PA 17044 : CHARLITO E KLEEMAN, KAREN C MELVIRR D NAN

I. SITUATION -- REMOVAL ASSESSMENT (1800 HOURS 11/26/96) : D PADEAN C P OS REPRESENTATIVA. SIT- O CONDUCEON ET T SITE INSPECTION AND PRELIMINARY ASSESSMENT. PADOT CONTACTED EPA RRC TO REPORT RELEASE OF OIL (OIL SEEPAGE) TO TEA CREEK WHICH IS TRIBUTARY TO JUNIATA RIVER. OSC STEUTEVILLE ASSIGNED SIT REMOVAY EB L MANAGEMENT. PADOT DISCOVERED OIL RELEASE IN 1990 WHILE BUILDING RT. 522 BRIDGE. PADOT IS DISSATISFIED WITH PRP'S RESPONSE TO DATE AND REQUESTED EPA INVOLVEMENT. B. PERSONNEL ON-SITED PADOAN TC OS ENGINEER: . C. WEATHER: RAI WINDD NAN , TEMPERATURE 40SN I S .

II. ACTIONS TAKEN: PADOT ME C T OS ENGINEEA. BRIDG2 PADOT RA 52 T T 110TR EA 0 HOURS 11/26/96. PADOT EXPLAINED HISTORY OF SITE AND PROVIDED OSC WITH SITE FILES INCLUDING CHRONOLOGY, ENVIRONMENTAL REPORTS, WELL DATA AND OTHER INFORMATION CHRONICALLING 6 YEARS OF PROBLEMS. PADOT SHOWED OSC WHERE SEEPS WERE LOCATED. HOWEVER PADOT EXPLAINEDE ,TH CREE S SWOLLEWA K N FROM RAIN ABOVD SAN E NORMAD LBE COVERING SEEPAGE AREA. B. OSC THEN WENT TO OFFICE OF CURRENT SITE OWNER, NITTANY OIL COMPANY. OSC REQUESTED ACCESS TO "LOOK AROUND" TO INVESTIGATE POTENTIAL OIL RELEASE. NITTANY MANAGER GRANTE ACCESSC D OS RECIVE C OS . D NAM ADDRESD EAN F SO CORPORATE OFFICIAL RESPONSIBL ENVIRONMENTAR FO E L ACTIVITIES AT SITE. WALKEC OS C.D AROUND SITE T COUL ,BU OBSERVT DNO L EOI RELEASE TO TEA CREEK. OSC DID OBSERVE A HALF DOZEN MONITORING/ PRODUCT COLLECTION WELL PROPERTYN SO . WIRING AND TUBING WERE HOOKED TO WELLS, INDICATING ACTIVE OIL COLLECTION PROCESS. OSC ALSO OBSERVED APROXIMATELY 6 ABOVE-GROUND OIL TANKS. THE LARGEST WAS LIKELY IN 100K GALLON SIZE RANGE. D. PADOT SHOWEPADOA C TDOS INSTALLED MONITORING WELL. PADOT USED BAILER TO PULL PRODUCT FROM WELL. BAILER INDICATE DFREF O THA E" T13 PRODUC WELL N I C OS S .TWA OBSERVED OIL FROM WELL. GROSS MEASUREMENT OF THE LEVEL OF THE OIL IN WELL INDICATED THAT THE OIL LAYER WAS APPROXIMATELY 2' ABOVE THE LEVEL OF TEA CREEK LOCATED APPROXIMATEL AWAY' Y60 . VEGETATIO E CREETH N KNI INDICATED THA CREEE APPROXIMATELTS TH KWA ABOV' Y2 E NORMAL BANKS /FLOWS. E. PADOT EXPLAINED THA SEEPAGL TOI LIKELS EWA Y FROM LEAK FROM FORMER SERVICR USTFO 1S E STATION WHICH HAVE BEEN REPLACED, NOT FROM LARGE ABOVE-GROUND TANKS. VISUAL

AR200007 ASSESSMENT OF DISTANCES, ELEVATIONS AND GRADIENTS INDICATES THAT THE SOURCE IS LIKELY FORM FORMER OR CURRENT USTS. OSERVATIOC OS F. D PADONAN T REPORTS, DAT D ENGINEERAAN S ACCOUNT INDICAT DISCHARGA EE B THA Y TO MA ET THERR O S EI TEA CREEK WILC OS L. CONDUCT FULL ASSESSMEN SPCD TAN C INSPECTIO FACILITYT NA . PRESENC LARGF EO E AREA-WIDE OIL COMPANY (NITTAN COMPANYL YOI SITS )A E OWNER/OPERATOR MAKES SIT EGOOA D ENFORCEMENT CANDIDATE.

III. FUTURE ACTIONS: SCHEDULO T C OS AE. SITE ASSESSMEN SPCD TAN C INSPECTION WEEK OF 12/9/96, IF POSSIBLE. B. OSC TO NOTIFY NITTANY OIL OF INTENTION TO CONDUCT FULL ASSESSMENT AND SPCC INSPECTION AND REQQUEST SITE ACCESS. C. OSC TO NOTIFY PADOT, PADEP AND PAF&BC (FISH AND BOAT) OF PLANNED ASSESSMENT. D. OSC TO REQUEST ASSISTANCE AND PARTICIPATION OF EPA OIL & ENFORCEMENT SECTION PERSONNEL.

WILLIAM D. STEUTEVILLE, OSC EPA REGION III PHILADELPHIA, PA

AR200008 P2 .0 APR-14-9 09:2N M 7MO 6A ..______

/i V '. POLRE P2 # FPN057012 RT 523 BRIDGE SITE RTS 522 AND 322 LEWISTOWN, MIFFLIN COUNTYA ,P EVENT: SITE ASSESSMENT/SPCC INSPECT7ON ATTN: DEBORAH DIETR1C CHARLID HAN E KLEEMAN F. SITUATIO 130F O 0S HOURN(A S WEDNESDAY DECEMBE2 ,1 R 1996) A. OSC STEUTEVILLE RECEIVED REPORTS OF OIL SEEPS ENTERING THE KJSHACOQUILLAS CREEK NEAR A NITTANY OIL COMPANY STORAGE FACILITY LOCATE INTERSECTIO32D E N 2AN TH I 2 T DA 52 S RT F NO LEWTSTOWN, M1FFLJN COUNTY. PENNSYLVANIA. REPORTS ALSO INDICATE PRESENCE DTH FLOATINEF O PRODUCL GOI T LEASIT NA E TON MONITORING WELL NEAR THE SITE. AN ON-SmE VISIT CONDUCTED BY OSC STEUTEVILLE DURING THE WEEK OF 2 DECEMBER 1996 CONFIRMED 13" OF OIL PRODUCT IN ONE MONITORING WELL NEAR THE SITE. B. AN UNNAMED TRIBUTARY FLOWS THROUGH THE NITTANY OIL CO FACILITY AND INTO THE KISHACOQUILLAS CREEK. THE KISHACOQUILLAS CREEK FLOWS ADJACEN NITTANE FACILITO TH C O TL T ENTERYD OI YAN S THE JUNIATA RIVER APPROXIMATELY 1 MILE DOWNSTREAM, ? C. & PERSONNEL ON -SCENE: EPA-2 PENNDOT-1 V PADEP-2 L^V* NITTANY OIL CO. - I v f* SAT2 A- D. WEATHER: RAINING AND COLD, TEMPERATURES IN THE LOW 40*S. II. ACTIONS TAKEN STCUXEVILLC OS A. E CONTACTED USCO DISTRIC STCV. LT T5 E SHROEDEN RO 10 DECEMBER 1996 AND RECEIVED FEDERAL POLLUTION NUMBER 057012 FOR THE RT 522 BRIDGE SITE. A TOTAL PROJECT CEILING LIMIT OF $10,000 ALLOCATEDS WA . B. OSC STEUTEVILLE, EPA SHABAZZ, SATA, PENNDOT (HINEMAN), PADEP (YERGER. BOLLMAN) NITTAND ,AN REPRESENTATIVL YOI E S. SLEET KME ON-SIT 093T BA 0 HOUR DISCUSO ST S PROJECTED ACTIVITIESC .OS INFORMED ALL ATTENDEES THAT AN ASSESSMENT WOULD BE CONDUCTED TO DETERMINE THE THREAT OF POTENTIAL OR ACTUAL DISCHARG INT NAVIGABLL E OOI TH F E THAO D AN T, E WATERUS E TH SF O AN SPCC INSPECTION WOULD BE CONDUCTED AT THE FACILITY. SHABAZ A STEUTEVILLC EP OS CD ,Z AN E CONDUCTE SPCN DA C INSPECTION NITTANE OFTH Y OIL COMPANY STORAGE FACILITY LOCATEE TH T DA INTERSECTIO522D .AN 2 32 S RT F NO D. AN INITIAL RECONNAISSANCE OF THE KISHACOQUILLAS CREEK BY THE OSC AND SATA IDENTIFIED TWO AREAS OF VISIBLE SHEEN, BOTH DOWNSTREA NITTANF MO Y OI STORAGO LC E TANKS. SATA CONSTRUCTED A COLLECTION POINT, APPROXIMATELY FIVE FEET INLAND FRO AREE M MOSTH AF O T SIGNFICANT SHEEN, IN ORDEO RT INTERCEPT AND SAMPLE ANY UNDERGROUND OIL MIGRATING ALONG THE WATER COLUMN FRO SITEE M VISIBLTH . A E SHEE NOTES NWA T DA THIS LOCATION. E. SATA COLLECTED A SURFACE WATER/SHEEN SAMPLE FROM THE KISHACOQUILLAS CREEK, IMMEDIATELY DOWNSTREAM FROM NITTANY OI STORAGO LC E TANKS LOCATIOE TH T ,A GREATESF NO T SHEEN (SW-1).

AR200009 P3 .0 APR-14-9 09=2N 7MO H 7A -————————————————————

A SURFACE WATER/SHEEN SAMPLE WAS COLLECTED FROM THE COLLECTION POINT CONSTRUCTED BY SATA (SW-2). F. SATA COLLECTED AN OIL PRODUCT SAMPLE FROM PENNDOT MONITORING WELL #5 (MW-S) COLLECTED ,AN L OI DN A PRODUCT/GROUNDWATER SAMPLE FROM A MONITORING WELL LOCATED ON NITTANY OIL PROPERTY (MW-1). APPROXIMATELY 8.75" OF OIL PRODUCT WAS NOTED IN THE PENNDOT WELL AND APPROXIMATELY 0.5" OF OIL PRODUCT WAS NOTED IN THE NITTANY OIL CO MONITORING WELL. BOTH WELLS WER£ LOCATED APPROXIMATELY 20 FEET APART AND HAD A THIN, DARK COLORED OIL PRODUCT FLOATIN WATEE TH RN GO COLUMN. G. SATA CONDUCTED A RECONNAISSANCE OF THE STREAM PASSING THROUGH NITTANY OIL CO PROPERTY AND ENTERING THE KISHACOQUILLAS CREEK APPROXIMATELY 75 FEET UPSTREAM OF THE POINT NOTEF SO D KISHACOQUILLA SHEEE TH N NO S CREEK. THIS STREAM RECONNAISSANCE IDENTIFIE SIGNIFICANO DN T AREA SHEEF SR O O N NO ABOVE NITTANY OIL CO PROPERTY. DEBRIEA FR MEETIN CONDUCTES GWA D ON-SIT APPROXIMATELT EA Y 12:30 HOURS WITH ABOVE REPRESENTATIVES PRESENT. ACTIONS TAKEN. SAMPLE LOCATIONS, AND SPCC INSPECTION FINDINGS WERE DISCUSSED WITH NITTANY OIL CO REPRESENTATIVE S. SLEEK. POTENTIAL FUTURE ACTIONS WERE ALSO DISCUSSED. OSC STEUTEVILLE AND EPA SHABAZZ POINTED OUT FINDINGS OF THE SPCC INSPECTION. III. FUTURE ACTIONS STEUTEVILLC OS A. CONTACO ET T CENTRA IDENTIFICATIOL LOI N LABORATORY (COIL) REGARDING FINGERPRINT ANALYSI FOUE TH RF SO SAMPLES COLLECTED BY SATA. B. SAT SHIO AT P FOUR SAMPLES (1 PRODUCT .WATER/PRODUCTI 2 D ,AN WATER/SHEEN) TO COIL FOR FINGERPRINT ANALYSIS. C. NITTAN REPRESENTATIVO C L YOI E SLEE FORWARO KT D ADDITIONAL SPCC DOCUMENTATION TO EPA SHABA2Z. DETERMINO T C OS D.E FUTURE ACTION SITE ETH FOLLOWINT SA G RECEIPT OF SAMPLE ANALYSIS RESULTS FROM COIL.

BILL STEUTEVILLEC .OS U.S EPA REGION HI PHILADELPHIA,A P

AR2000IO UNITED STATES ENVIRONMENTAL PROTECTION AGENCY REGION III 841 Chestnut Building Philadelphia, Pennsylvania 19107-4431

-(;/ i ————————————NOTIC^ N JA E OF NON-COMPLIANC— -f-"^E" DATE: Mil 1 7 .-.„ CERTIFIED MAI RETUR- L N RECEIPT REQUESTED Mr. Samue . SleelJ k Nittany Oil Company 401 Walnut Street'" Lewistown A P ,1704 4

RE: SPCC CASE NO: PA-97-004 Dear Mr. Sleek: On December 11, 1996, representatives from the United States Environmental Protection Agency (EPA) conducted a Spill Prevention, Control and Countermeasures (SPCC) inspection of the Nittany Oil Company facility located in Lewistown, Mifflin « e SPC CountyTh facilite C th . Pla r alss PA ,nfo yha o been reviewed. Based on information gathered during the SPCC inspection and the Plan review, the owner/operator of the facility may be in violation of the Oil Pollution Regulations, 40 C.F.R. Part 112. Section 311 (j) of the Clean Water Act (CWA), as amended, requires the United States Environmental Protection Agency (EPA) to establish regulations to prevent discharges of oil from onshore facilities. EPA' Pollutiol sOi n Prevention Regulations are found at Title 40, Code of Federal Regulation, 40 C.F.R. §112; EPA's Discharg Regulationl Oi f eo 0 C.F.Re foun4 s ar t da . §110 d Civian ; l Penaltie Violatior sfo thesf no e regulatione sar governed by §311(b)(6)(B) of the CWA, 33 U.S.C. §1321 (b)(6)(B). This notice is being sent to your attention so that certain deficiencies or violations can be addressed by the person responsible for the compliance with EPA's Oil Pollution Prevention Regulations (40 C.F.R. §112) which requires the preparation, certificatio d implementationan SPCe th C f no Plan . provideA TheCW s tha penalta tassessee b y yma d whenevera violation occurs. In determinin e amouncivie gth th lf to penalte b o yt assessed, the CWA provides that the factors to be.considered are: (1) the seriousness of the violation or violations; (2) the economic benefit to the violator, if any, resulting from the violation; (3) the degree of culpability involved; (4) any other penalty for the same incident; (5) any history of prior violations; (6) the nature, extent and degree of success of any effortviolatoe th f so minimizo rt mitigatr eo e effectth e f o s

Celebratin Yea5 g2 Environmentaf no l Progress AR2000I I SFCC Case No: PA-97-004 Nittany Oil Company the discharge e economith ) (7 ;c penalte impace th th f o tn o y y othean violator ) r (8 matter d an ;s justic sa y requireema . proposinw no t Althougno gcivia e ar le hw penalty A EP , reserves the right to do so in the future. Therefore, failure to revise the SPCC Plan or otherwise come into compliance with 40 C.F.R. 112 within the specified time-frame, may result in the Agency pursuing a penalty, in accordance with the CWA for all deficiencies mentioned in this notice. Due to the gravity of the violation(s) cited in this notice, instead of proposing a civil penalty, EPA hereby extends a grace perio f sixto d y (60) days from receip f thio o tt s u noticyo r fo e correc e followinth t g violation s followssa :

1) Violation of 40 C.F.R. 5112.5(b) for failure to complete a revie d evaluatiowan SPCe th C f nPlao least na t once every three years. There were no available records to substantiate that a revie d evaluatiowan SPCe th C f nPlao s conductenwa t leasda t once every three years. • 2) Violation of 40 C.F.R. 5112.5(a) for failure to amend the SPCC Plan. Whenever therchanga s i efacilitn i e y design, construction, operatio maintenancr no e which materially affects the facility's potential for the discharge of oil into or upon the navigable Unitewatere th f dso State adjoininr so g shorelines owners or operators are required, wthin 6 months, to amend the SPC Ctime th f inspectionPlaneo t A . e facilit,th y representative divulged that an additional 15,000 gallon storage tank was added to the facility which was not included in the plan. 3} Violatio C.F.R0 4 f no . 5112.5(c failurr )fo havo et e amendment SPCe th C f Plaso n certifie professionaa y db l engineer. As stated in 2} above, an increase in storage capacity was not reflecte pla e consequentlyd th n an n i d , sinc SPCo en C Plan ammendments were made, professional engineer certification was not conducted. 4) Violatio C.F.R0 4 f no . 5112.7(e)(l failurr )fo provido et e complete discussions and/or implement requirements pertainino gt Facility Drainage. - Restrain drainage from diked storage areas by valves or other positive mean preveno spill st oi excessiv r ln o t a e leakage (i) areas. The review of the SPCC Plan provided no discussion of the existence or nonexistence of valves or other positive meanemployee b o st restraio t d n drainage froe th m diked storage areas.

AR2000I2 SPCC Cas : PA-97-00eNo 4 Nittan Companl yOi y - Use manual, open-and-close design valves for the drainage of diked areas Cii) e SPCreviee .Th th C f wo Pla n provideo n d discussion of the existence or nonexistence of valves or other positive means to be employed for Facility Drainage operations. - Ensure drainage flows from undiked areas into catchment basins that are not subject to flooding (iii). The review of the SPCC Plan provide discussioo n d existence th f no r o e nonexistence of catchment basins nor of the procedures to be employe stepr dno s taken when drainage flows from undiked areas. - Ensure facility drainage system e adequatelsar y engineered to prevent oil from reaching navigable waters in the event of equipment failur r humaeo n e faciliterroth t ra y {v}e Th . review of the SPCC Plan provided no discussion of the engineering adequac inadequacr yo ensuro yt e thafacilite th t y drainage systems were engineere preveno dt l frooi tm reaching navigable waters in the event of equipment failure or human error at the facility. 5) Violatio C.F.R0 4 f no . S112.7(e)(2 failurr )fo provido t e e complete discussion* and/or implement requirements pertainino t g Bulk Storage Tanks. - Provide sufficiently impervious secondary containment for the entire contents of the largest single tank in all tank installations plus sufficient freeboard to allow for precipitation SPCe e revie(iiTh th C f ). wPlao n provideo n d discussio e imperviouth f no s sufficienc d capacityan e th f yo secondary containment system. / - Acceptable drainage.from diked areas, bypassing treatment, includes: (iii) The SPCC Plan fails to mention the existance non-existancr o bypasf eo s valves, bypassing treatmenty an r o , other positive means for drainage from the diked areas. - Adequate record sucf so h evente s th time (D) th f e o . t A inspection, the facility representative could not produce any recordy instancean r sfo s when drainag dikee th df eo area s occured. - Protect buried tanks against corrosio d regularlnan y pressure test (iv) e SPCe revieTh th .C f wPlao n provideo n d discussion of the proceedures or steps taken fo.r corrosion protection nor pressure testing of buried tanks. - Periodically test aboveground tanks for integrity using hydrostatic testing, visual inspections, or non-destructive shell thickness testing. Keep comparison records, inspect tank supports and foundations, and frequently observe the

AR2000I3 SPCC Cas : PA-97-00eNo 4 Nittan Companl yOi y outsid e inspection f tankth timo e f th o es t A (vie th ,. ) facility representative could not produce any records for any instances when periodic integity testing occured for the aboveground tanks at the facility. 6) Violation of 40 C.F.R, S112.7(e)(4) for failure to provide complete discussion* and/or implement requirements pertaining to Facility Tank Truck Loading/Unloading Rack. - Ensure procedures meet minimum DOT requirements (i). The review of the SPCC Plan provided no discussion of whether or Facilite noth t y Tank Truck Loading/Unloading proceduret sme the minimum DOT requirements. - Ensure containment system holds largest truck compartment time th f inspection(ii)eo t A .s observewa t i , d that there was no containment system for the Facility Tank Truck Loading/Unloading area face spitn th i ,t f eo thaterraie th t n of the area was configured in such a way that, in the event of l spillanoi woull ,oi d coul dan d easily flow inte oth adjacent water body less than 50 yards away. - Implement system to prevent premature vehicular departure (iii). The review of the SPCC Plan provided no discussion of steps to be employed or procedures to be followed to prevent premature vehicular departure. - Inspect vehicle drains for leakage prior to filling or transit (iv)reviee SPCe Th th .C f wo Pla n provideo dn discussion of steps to be employed or procedures to be followed to inspect vehicle drains for leakage prior to fillin r transitgo time th f inspectione o t A . s wa t ,i observed that leak occurredd sha , stain e baseth n sdo shown no the outside of the containment walls at the pipe connections groune th n do d (Sean e Photographs). 7) Violation of 40 C.F.R. 5112.7(e)(8) for failure to provide complete discussions and/or implement requirement* pertaining to Inspections and Records. - Inspection accordancn i e sar e with written inspection procedures included in the Plan records of inspection reports that substantiates inspections were conducted. Although the SPCC Plan discusses Recordkeeping requirementn a s ha d san example of the inspection form to be used, at the time of the inspection, the facility representative failed to produce any records for any inspections that were conducted at the facility. A e recorinspection- th f do s include si e Plan e th Th .n di facility representative failed to produce any records for any inspections that were conducted at the facility.

AR2000H* SPCC Cas PA-97-00: eNo 4 Nittan Companl yOi y - Written procedures and inspection records are signed by the appropriate superviso r inspectoro r SPCC Plan discusses this matter, a failurther s ewa implemeno t e t this e aspecth f o t Plan. As a result of not following their own SPCC Plan, the facility representative faile produco dt y y recordan ean r fo s inspections that were conducte e facilitth t da y that were appropriate signeth y db e superviso r inspectorro . - Written procedure d inspectiosan n record e maintainear s r fo d a period of three years. At the time of inspection, there wer o recordn e f inspectionsso . 8) Violation of 40 C.F.R. §112.7(e)(9) for failure to provide complete discussions and/or implement requirements pertaining to Security. - Completely fence the facility and lock and/or guard the gates when attended(i) e facilitTh . onls ywa y fence thren o d e sides f thosando e e,t leas on a sidesn o t , access could easily been obtained without any significant effort by simply walking around the fence. - Cap or blank-flange loading/unloading connections (iv). The caps of the loading/unloading were unsecure, because there were no provisions for locking them during nonuse. These connections were easily accessible, thereby makin possiblt i g e potentiar fofo r l vandal causo st l spill eoi s inte th o adjacent river to occur from the storage tanks of these connections {See Photgraphs). 9) Violatio C.F.R0 4 f no . S112.20(e failurr )fo completo et d ean maintai Facilitna y Response Plan (FRP) Certification form with the SPCC Plan. At the time of inspection, during a review of the SPCC Plan, it was observed that a Facility Response Plan (FRP) Certification form was not included in the SPCC Plan. In addition please note that the SPCC Plan does not follow the sequence of 40 C.F.R. §112.7. Please submit a letter which addresses each of these issues and provid reviseea SPCde th copC f Playo preparey nma thau yo t, certif d implemenan y Nittanr fo t Companl yOi Lewistownn yi , Mifflin County responsn i A P , thio et s notice, withie nth prescribed time-fram followine th o t e g address:

ENVIRONMENTA. US . L PROTECTION AGENCY REGION III, SPCC COORDINATOR REMOVAL ENFORCEMEN SECTIOL OI D TNAN (3HW32) 841 CHESTNUT BUILDING PHILADELPHIA, PENNSYLVANIA 19107-4431

AR2000I5 SPCC Ca« PA-97-00: «No 4 Nittan Companl yOi y y additionaAn l information forwarded wil maintainee lb l in d this offic perioa r efo f fivyear) d o (5 e s along wit copha f o y this notice inspectioe ,th n repor other to r documents pertinent to this case. Please refer to the above case number in any correspondence. Should you have any questions concerning this matter, please feel free to contact Mikal Shabazz at (215) 566-3281. W emako t urg eu espilyo l preventio prioritna youn yi r organization. consistenDoins i o gs t wit e spirie th hth f o t statute and will minimize the possibility of any future enforcement action. Sincerely,

cc: Regina A. Starkey (3HW32) Mikal Shabazz (3HW32) •- William Stueteville (3HW31)

AR2000I6 SPCC/FRP INSPECTION REPORT SPCC CASE PA-97-004 FACILITY Nittany Oil Company ' NUMBER : NAME: FRP NA FAC STREET 401 East Walnut Street NUMBER : NO. & NAME: TGT DATE: December FAC CITY: Lewis town FAC CNTY: - Mifflin 11, 1996

TARGET BY: Mikal FAC STATE: PA FAC ZIP: 17044 Shabaz z INSPECTION DecemberG ML C FA 401 Walnut Street DATE: 11, 1996 ADDRESS : Lewis town, PA 17044 LEAD Mikal FACILITY Mr. Samue. lJ Sleek INSPECTOR: Shabazz NAMEP RE :

LEAD INSP. 3281 FACILITY Environmental Compliance Director : PHON . O EN REP TITLE: FOLLOW William FACILITY (717) 248-0189 INSPECTOR: Stuteville REP PHONE: INIT PLAN Marc, 1 h OWNER/ OPER Nittany Oil Company RVW DATE: 1995 NAME: CURRENT March 1 / OWNER /OPER 325 North Front Street PLAN DATE: 1995 ADDRESS : Phillisburg, PA 16866 DATE NON January 6, START OPS mid 1940's DATE PLAN 1974 SENT: 1996 DATE: REQUIRED:

CLOSURE PLN NA STOREL OI D 947,000 OIL STORED 19,129 RVW DATE: ABOVEGRD : UNDERGRD: CLOSURE NA SPCC PLAN Yea AVAILR .FO Yes PLAN DATE: PREPARED : REVIEW:

CLOSURE NA DATE PLAN 3/1/95 SEAL Yes DATE: CERTIFIED: AFFIXED: * NAT' P LFR NA ENGINEER John R. LIC. STATE PA 28018E FRP03A NAME: Tabak & NUMBER: COAST GUARD NA PLAN RVW? D Unknown DATEF SO Unknown JURISDICTN: 3YR INTVLS: REVIEW: DATE FRP NA IK SPILLS No (2) SPILLS No NON SENT: IN LAST YR? IN LST YR?

DATP EFR NA REFERREO DT ASSIGNED APVL SENT: ORC: TO: NOV CASE ORC HEARING NUMBER : PENALTY : DATE: NOV SENT: AMOUNT AMOUNT SETTLED: COLLECTED : DATE DATE SETTLED : COLLECTED:

flRZOOOl? SPCC PLAK— .EFICIENCY/COMPLIANCE lU.'ORT

: TO Regina Starkey, Project Monitor, U.SRegioA EP .I II n FROM: Mikal Shabazz, On-Scene Coordinator, U.SRegioA .EP I nII DATE: December 26, 1996 SUBJECT: SPCC Plan Review of: Nittany Oil Company SPCC Case Number: PA-97-004

SUMMARY OF SPCC PLAN REVIEW AND FIELD INSPECTION: The requirement for preparation and implementation of Spill Prevention, Control and Countermeasure (SPCC) Plans is contained in Title 40, Code of Federal Regulations, Part 112 {40 CFR §112) . The SPCC Plan was reviewed in accordance with guidelines prescribed in the regulation e itemTh .s listed below hav t beeeno n adequately addressed.

VIOLATION PLAN INSP

An SPCC Plaprepares facilitye nwa th r dfo . OK OK The SPCC Plan has been reviewed and certified by a registered OK OK professional engineer [§112] ) (d .3 Whenever a facility discharges more than 1,000 gallons of oil into OK OK navigable waters or has two reportable spills within 12 months, submi e followintth g informatio regionae th o nt l administrator (RA): [§H2.4(a)l - Name of the facility (!) Name(s ownee th operato r r o f ) facilito e th f ) ro (2 y Location of the facility (3) - Date and year of the initial facility operation (4) Maximum storage or handling capacity and daily throughput (5) - Description of the facility, including maps and diagrams {6} Complet eSPCe copth C f yPlao n wit amendmenty han ) s(7 spillCausee th f ,so including failure analysi) (8 s Corrective actions and/or count ertneasures taken (9) Additional preventive measures taken or contemplated (10) Other information A (11requireR )e th y db The owners and operators of the facility shall complete a review and OK XX evaluatio facilite th f no y every three year amend splaan e dth f n i required, (b) The owners and operators shall amend the Plan within 6 months when OK XX there is a change in facility design, construction, operation, or maintenance which affect facility'e sth s potential oi r fo l discharges . (a)

All amendments shall be certified by a professional engineer, (c) OK XX

1R2000I8 SPCC Cas : PA-97-crc-reNo - 2 PAG . ENO Nittany Oil Company

^ VIOLATION PLAN INSP

The SPCC Plan includes the full approval of management at a level OK OK with authority to commit the necessary resources [§112.7]

The SPCC Plan follows the sequence of 40 CFR 112.7 XX XX The SPCC Plan describes spill events, corrective actions, and plans OK OK for preventing recurrence [§112. 7 (a)]

The SPCC Plan predicts direction, rate of flow, and total quantity OK OK thal ofoi t coul dischargee db resula s d a eacf to h major typf eo equipment failure [§112. 7 (b) ] The SPCC Plan discusses containment for drums containing oil at the NA NA site [§112] ) (2 .) 7(c(e r 7 §11) o . 2 The SPCC Plan discusses containmen transformert we r tfo other so r NA NA oil-filled equipment at the site [§112. 7(c) or §112 .7 (e) (2) ]

The SPCC Plan discusses as a minimum one of the following secondary OK OK containment and/or diversionary structures or equipment provided to prevent discharged oil from reaching a navigable water: [§112. 7 (c)] Onshore facilities: (1) Dikes, berm retaininr so g wall) (i s Curbing (ii) Culverts, gutters, or other drainage systems (iii) irs, booms or other barriers (iv) Spill diversion pond) (v s Retention ponds (vi) Sorbent materials (vii) OK OK Offshore facilities) (2 : NA NA Curbing, drip pans (i) NA NA Sump d collectiosan n systems (ii) NA NA After clearly demonstrating the impracticability of §112. 7 (c), the NA NA SPCC Plan does not include a strong oil spill contingency plan and written rnmmitm*jint' f manpnwo.rn _ . ecnii nmen d materialan t. s rsi!2.7M11

«R2000I9 SPCC Case No: PA-97-t/w- PAGE NO. 3 Nittan Companl yOi y

t VIOLATION PLAN INSP t======' i 1 The SPCC Plan doe* not addre» or adequately din CUB a the facility's confonaance with the guideline! listed below: Facility drainage] [S112.) (1 ) 7(e Restrain drainage from diked storage area valvey sb other so r XX XX positive means to prevent an oil spill or excessive leakage (i) Use manual, open-and-close design valves for the drainage of diked XX XX areas (ii) Ensure drainage flows from undiked areas into catchment basins that XX XX are not subject to flooding {iii) If there is no catchment basin, construct a diversion system at the NA NA final discharge l in-planpoinal f to t ditchee th returo o st t l noi facility (iv) Where drainage waters are treated in more than one treatment unit NA NA and pumps are used in place of natural flow, provide two lift pumps, wit least ha permanentle ton y installe) (v d Ensure facility drainage systems are adequately engineered to XX XX prevent oil from reaching navigable waters in the event of equipment failure or human error at the facility (v) Bul to• kr age tank*] [1112.) (2 ) 7(e Ensure tanks are compatible with stored material (i) OK OK Provide sufficiently impervious secondary containmen entire th r efo t OK content largese th f so t singl etanl al tank n ki installation s plus XX ^t sufficient freeboar alloo d t precipitatio r wfo n (ii) Acceptable drainage from diked areas, bypassing treatment, includes: (iii) Closed bypass valve) (A s XX XX Inspected run-off rainwater (B) OK OK

Supervised resealin bypasf go s valv) (C e OK OK - Adequate records of such events (D) XX XX Protect buried tanks against corrosion and regularly pressure test XX XX (iv) Avoid partially buried tank protecr so t against corrosio) (v n NA NA Periodically test aboveground tanks for integrity using hydrostatic OK XX testing, visual inspections non-destructivr ,o e shell thickness testing. Keep comparison records, inspect tank supportd san foundations d frequentl,an y observ outside eth tankf eo s (vi)

AR200020 SPCC Case No: PA-97-U^. PAGE NO. 4 Nittany Oil Company

VIOLATION PLAN INSP Consider the following to control leakage through internal heating coils: (vii)

Monitor the steam return or exhaust lines or pass the lines NA NA throug hseparatioa n syste) (A m

Instal externan la l heating syste) (B m NA NA Design aboveground tank followinge th smorr o f wit eo e hon : (viii)

High level alarm) (A s NA NA

High liquid level pump cut-off devices (B) NA NA Direct audibl codr eo e signal communicatio) (C n NA NA Fast response system (D) NA NA Regular testin levef go l sensing device) (E s NA NA

Observe disposal facilities frequently to detect upsets (ix) NA NA Promptly correct visibl leakl eoi s from tank) (x s OK OK Position portable tanks to prevent oil spills to navigable waters, NA NA provide secondary containment d locat,an e where theye b wilt lno subjec periodio t c flooding (xi) Facility transfer operation*, pumping, and in-plant proc«a« [5112. ?(•) (3)]

• .-otectively wra d cathodicallpan y protect buried pipinf i g • NA NA warrante d carefulldan y examin deterioratior fo e exposef ni ) (i d

Cap or blank-flange out-of -service pipelines and mark as to origin NA NA (ii) Design pipe supports to minimize abrasion and corrosion and allow NA NA for expansion and contraction (iii)

Inspect aboveground valves and piping and periodically pressure test NA NA piping if warranted (iv)

Post sign verballr so y warn vehicles about aboveground pipin) (v g NA NA Facility tank car and tank truck loading/unloading rack [S112.7(«) (4)]

Ensure procedures meet minimu T requirementmDO ) (49CFR§177(i s ) XX NA

Ensure containment system holds largest truck compartment (ii) XX XX (or each loading area has strong contingency plan) Implement system to prevent premature vehicular departure {iii) XX OK ^nspect vehicle drains for leakaae nrior to fillina or transit (iv) XX OK

AR20002 SPCC Case No: PA-97-0^ PAGE NO. 5 Nittany Oil Company

VIOLATION PLAN INSP A • ^^———- ——— — **-^J '••••' i === ^^^^^^—SSES^^^^S Oil production facilities [1112.7 (•) (5) ] - See additional sheets NA NA Oil drilling and workover facilities [§112 .7 (e) (6) ] - See additional NA NA sheets Oil drilling, production workover ,o r facilitie- s ] [ff.112.) (7 ) 7(• NA NA See additional sheets •BSSea^^^JS^^^SSB Inspectio recordd nan ] ) s (8 [§112 ) (e .7 Inspections are in accordance with written inspection procedures OK XX included in the Plan A record of the inspections is included in the Plan OK XX Written procedures and inspection records are signed by the OK XX appropriate supervisor or inspector Written procedures and inspection records are maintained for a OK XX period of three years Security [S112.7<«) (9)] Completely fence the facility and lock and/or guard the gates when OK XX unattende) (i d Lock master flow and drain valves in closed position (ii) OK OK Lock-of restricr o f t acces starteo st r controls {iii) OK OK -Cap or blank-flange loading/unloading connections (iv) OK XX ^ . Ensure facility lighting is adequate to: (v) OK OK Discover spill night sa ) (A t Prevent spills from occurring through vandalism (B) Personnel, training d spil,an l prevention procedures [§112. (10) 7(e ) 3 Properly train personnel with oil pollution prevention equipment and OK OK pollution control laws and regulations (i) Designate a person to be accountable for oil spill prevention (ii) OK OK Ensur ownee eth operatorr ro s schedul conducd ean t spill prevention OK OK briefings (iii) Facility Response Plan Requirement [1112. 20 (e)]

SPCC Plan includes signed certification form if facility is not XX XX required to submit a Facility Response Plan (contained in Appendix C to Part 112)

A copy of the plan review checklist completed at the time the SPCC Plan was reviewed has been included. If you have any question's, please call me at extension 3281.

flR200022 UNITED STATES ENVIRONMENTAL PROTECTION AGENCY REGION III Chestnu1 M t Building Philadelphia, Pennsylvania 19107-4431

LEGAL NOTICE TO SUSPECTED DISCHARGER VIA CERTIFIED MAIL

Mr. Samuel J. Sleek Nittany Oil Company Nort5 32 h Front Street Phillipsburg 1686A ,P 6 4/22/97

RE: Oil discharge to Kishacoquillas Creek from: Nittan Companl yOi y Lewistown Facility 401 East Walnut Street Lewistown, PA 17044

Dear Mr. Sleek Sir or Madam:

This legal notice is issued pursuant to the requirements of the National Oil and Hazardous Substances Pollution Contingency Plan (NCP), which appears at Title 40, Code of Federal Regulations, Part 300 (40C.F.R.Part300).

ownee th operato r rs o A Nittan Responsiblf ra o e Companyb l yOi y ma u e oi, n Partyo a lr yfo discharge fro facilite mth vesser yo l locate 1 Eas40 t da Walnu t Stree Lewistownn ti , Pennsylvania (Facility) tere .Th m "Responsible Party" defines , U.S.Ca 3 3 t da .270§ 1 (32), include persoy san n owning or operating a vessel, onshore facility or offshore facility from which a discharge of oil has originated e locatio .oiTh e lth dischargf no e noticed Kishacoquillahereie th s ni s CreeU.Se th .t ka Rout e 522 bridge adjacent to the Facility, and the U.S. Environmental Protection Agency has concluded that the discharg oicreates f elo wa historiy db c leaking underground storage tanks (USTs) at/from your facilitn yo on or before 12/12/96.

P encourageNC e Th s persons responsibl discharger efo tako st e promp proped tan r actioo nt remove the contaminant from the water and shorelines when possible and deemed necessary by the Federal On-Scene Coordinator (OSC). Such action is deemed necessary in this case. If you are willing to undertake a clean up, your actions may be monitored by EPA pursuant to an Administrative Order under the Clean Water Act, 33 U.S.C. § 1321O and (e), as amended by the Oil Pollution Act Amendments of 1990. If you do not comply with the Order and conduct a proper removal action, the EPA will take the necessary action to remove the contaminant.

If thA conducteEP clean-upe sherebth e ar u y, yo advise d that pursuane th f o Sectioo ) tt (f 1 n31 Clean Water Act U.S.C3 ,3 liable b . Unite1321(f) § o y et ma du actua ,e Stateyo th r l scostfo s incurren di the response action, including but not limited to costs of restoring damaged natural resources, and possible penalties.

Celebrating 25 Years of Environmental Progress HR20-0023 Name of Facility Page 2 Date

The cleanup will include, but not be limited to the following measures;

) (1 Source control; ) (2 Remova oif llo from groundwater adjacen U.Se streae th . th d o tman t Rout bridge2 e52 ; ) (3 Natural resources damages assessments; ) (4 Other mitigative measure determines a A EP y db

You should note that the application of dispersants. surface collecting agents, biological additives or miscellaneous oil spill control products is not permitted unless authorized by the OSC. In addition, sinking agents shall not be authorized for application to oil discharges.

The OSC has evaluated the magnitude and severity of the discharge or threat to public health or welfare or the environment. Based upon this evaluation, you are requested to respond to this legal notice within seven (7) days of receipt of mis notice to confirm your intent to enter into an agreement to conduct the clean-up. Failur respono et timela n di y manne clean-uy resule rma th n ti p being performe EPAy db . If EPA does not receive a timely response, EPA will assume that you do not wish to negotiate a resolution youf o r liabilitie connection si n wit responsee hth tha d hav,u an tyo e declined involvemen performinn ti g the response action. You may be held liable for the cost of the response action EPA performs at the Site potentiay an d an l penalties.

The factual and legal discussions contained in this letter are intended solely for notification and information purposes intende.cannod t Thean no reliee e e tb yb ar o d t d upo fina s nA a position lEP n so mattey an fortt rse h herein. Your respons notics mi o eet shoul sen e signatord giveb e r to th o nt thif yo s letter below.

denu Ifyo y responsibilit discharge th r yfo oif elo described requesteabovee ar u , yo adviso dt e eth EPA contact immediately of the specific basis for your denial of responsibility.

OSC William D. Steuteville, OSC USEPA Region ffl (3HW33) Chestnu1 84 t Bldg. Philadelphia, PA (215)566-3264

Celebrating 25 Years of Environmental Progress AR2000214