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Jt eo srA)', <br /> lArr, UNITED STATES ENVIRONMENTAL PROTECTION AGENCY <br /> REGION IX <br /> "rq pgpz�° 75 Hawthorne Street <br /> San Francisco, CA 94105 <br /> 9 2012 <br /> Certified Mail: 7001 0360 0000 3640 5678 <br /> Mr.John Walker <br /> Manager,Terminal-Stockton <br /> Tesoro Refining and Marketing Company <br /> 3003 Navy Drive <br /> Stockton,CA 95206 <br /> Re: Notice of Non Compliance <br /> Tesoro Stockton Terminal <br /> SPCC Case No.: 11-4046 <br /> Inspection Date:June 21,2011 <br /> Inspector:Janice Witul <br /> Dear Mr. Walker: <br /> Pursuant to the Oil Pollution Act of 1990,and the associated oil pollution prevention regulations <br /> found in Title 40 of the Code of Federal Regulations(C.F.R.)Part 112,a representative of the United <br /> States Environmental Protection Agency(U.S. EPA)performed a Spill Prevention,Control,and <br /> Countermeasure(SPCC)inspection at the Tesoro Terminal,located in Stockton,California on June 21, <br /> 2011. The U.S. EPA has determined that the facility is subject to the requirements of 40 C.F.R. Part 112 <br /> because it is a non-transportation related on-shore oil storage facility with a total aboveground storage <br /> capacity greater than 1,320 gallons and which,due to its location,could reasonably be expected to <br /> discharge oil in harmful quantities into or upon the navigable waters of the United States or adjoining <br /> shorelines. <br /> In December 1973,the U.S.EPA issued its oil pollution prevention regulations for non- <br /> transportation-related onshore and offshore facilities(40 C.F.R. Part 112). On August 16,2002,the U.S. <br /> EPA amended these regulations to provide clarification to the 1973 regulations and reduce the overall <br /> compliance burden on regulated industries. In general,the purpose of the regulation is to prevent oil spills <br /> from non-transportation-related facilities by establishing pollution prevention procedures,methods,and <br /> equipment requirements for owners and operators of facilities engaged in drilling,producing,gathering, <br /> storing,processing,refining,transferring,distributing, using or consuming oil. Information on these <br /> regulations and guidance to assist with your facility's compliance can be found at the U.S.EPA Oil <br /> Program website: www.epa.gov/oilspill. <br /> Based on observations and plan review at the time of the inspection,some areas of non-compliance <br /> with the SPCC Rule were identified;the non compliant areas are listed below. <br /> 1 <br />