Joplin 44 truck stop to pay $186,642 for violations of Clean Water Act

(From the Environmental Protection Agency)

Two truck stops in Iowa and Missouri – Iowa 80, advertised as “the world’s largest truck stop,” and Joplin 44 – agreed to pay a combined $390,784 to resolve alleged violations of the federal Clean Water Act. (Joplin 44's portion of that amount is $186,642.)

According to the U.S. Environmental Protection Agency (EPA), the facilities failed to comply with regulations intended to protect water bodies from petroleum discharges.

“This settlement represents the federal government’s commitment to protecting our nation’s waterways and creating a level playing field for businesses who are complying with the law,” said EPA Region 7 Enforcement and Compliance Assurance Division Director David Cozad.

EPA discovered the alleged violations during inspections of the truck stops in 2023.

According to the Agency, the truck stops, which are owned by Iowa 80 Group Inc., failed to adequately develop and implement Spill Prevention, Control, and Countermeasure (SPCC) plans, as required by the Clean Water Act.

Facilities that store 1,320 gallons or greater of oil products in aboveground storage tanks are subject to SPCC regulations. Such plans require, among other things, proper containment to control petroleum releases, inspections of tanks and piping, and integrity testing of petroleum storage equipment.

In response to EPA’s findings, the facilities revised their SPCC plans, conducted internal and external tank inspections, and completed the necessary repairs.

The settlements are detailed in Consent Agreements and Final Orders that will be subject to a 30-day public comment period. The Consent Agreements are available online for public review and comment: Iowa 80 and Joplin 44.

Consent agreement for Joplin 44

In accordance with Section 311(b)(6)(c) of the Clean Water Act (“CWA”), 33 U.S.C. § 1321(b)(6)(C), and 40 C.F.R. § 22.45 of the Consolidated Rules of Practice Governing the Administrative Assessment of Civil Penalties and the Revocation/Termination or Suspension of Permits (“Consolidated Rules”), the Environmental Protection Agency (“EPA”) is providing notice of a proposed Administrative Penalty Assessment against Truckstop Distributors, Inc. d/b/a Joplin 44, for alleged violations at the Facility located at 4240 South Highway 43, Joplin, Missouri, 64801.

Under Section 311(b)(6)(B)(ii) of the CWA, 33 U.S.C. § 1321(b)(6)(B)(ii), the EPA is authorized to issue orders assessing civil penalties for various violations of the CWA. The EPA may issue such orders after filing a Complaint commencing either a Class I or Class II penalty proceeding. The EPA provides notice of the proposed assessment of a Class II civil penalty pursuant to 311(b)(6)(B)(ii) of the CWA, 33 U.S.C. § 1321(b)(6)(B)(ii). Class II proceedings are conducted under EPA’s Consolidated Rules, 40 C.F.R. Part 22.

In this case, the EPA alleges that Respondent violated the requirements of the Spill Prevention, Control, and Countermeasure Plan (“SPCC”) and Facility Response Plan (“FRP”) regulations in violation of Section 311(j) of the CWA, 33 U.S.C. § 1321(j). The EPA alleges that Respondent failed to fully prepare and implement an adequate SPCC Plan and failed to prepare an FRP. Respondent has reached agreement with EPA on the terms of a proposed Consent Agreement/Final Order which would resolve this matter. Under the proposed Consent Agreement/Final Order, Respondent will pay a civil penalty of $186,642. Final approval of the proposed Consent Agreement/Final Order is subject to the requirements of 40 C.F.R. § 22.45.

The EPA will receive written comments on the proposed Administrative Penalty Assessment for a period of thirty (30) days from the date of publication of this notice. All such comments shall be submitted to the Regional Hearing Clerk at the address provided below. The procedures by which the public may submit written comments on a proposed Class II order or participate in a Class II proceeding, and the procedures by which a respondent may request a hearing, are set forth in the Consolidated Rules.

Persons wishing to obtain additional information on the proceeding, receive a copy of EPA’s Consolidated Rules, review the proposed Consent Agreement/Final Order, comment upon the proposed penalty assessment, or otherwise participate in the proceeding should contact Regional Hearing Clerk, at R7_Hearing_Clerk_Filings@epa.gov or 913-551-7972. 

Please reference Docket No. CWA-07-2023-0140. For Technical questions contact Mark Aaron, Enforcement and Compliance Assurance Division, at aaron.mark@epa.gov or 913-551-7205. Persons with legal questions may contact Shane McCoin, Office of Regional Counsel, at mccoin.shane@epa.gov or 913-551-7955. In order to provide opportunity for public comment, EPA will issue no final order assessing a penalty in this proceeding prior to forty (40) days from the date of this notice.