Upon more investigation, it was found that while the tank had been newly constructed, it was made out of 40-year-old steel. While this was a common industry practice, the application for a permit should have specifically stated that this was the case. .
Adding further complications for Ashland was the fact that the permit had only been applied for, it had not been granted. Construction commenced with only a verbal commitment. Immediately after the oil spill, Ashland had provided documentation to show proof of permit - but it had actually been a statement from a different agency to acknowledge that construction was underway. .
The final area of concern was the testing on the tank before filling. The American Petroleum Industry (API) has a standard 650 for proper testing of tanks. Ashland is required to use a hydrostatic method of testing - filling the tank with water to settle the foundation and to test the strength of the tank's welds. Instead of this mandated test, Ashland personnel filled the tank with only three feet of water to settle the foundation. They had sprayed oil on the welds inside the tank and then vacuum suctioned the outside to determine whether any oil could be pulled through possible leaks in the weld. This is the testing model presented by 650 for desolate locations with scarce water supplies. .
Resource protection, under environmental law, helps to maintain the environmental balance of public resources. This includes public lands and rivers; mineral resources; solid waste management; historic preservation; and water pollution, among other areas. The government has taken responsibility for the enactment of laws, as well as the enforcement, for acts that threaten the environment. The National Environmental Policy Act (NEPA) is a major piece of federal legislation that oversees all federal actions that affect the quality of the human environment. .
When the oil tanker collapsed, it caused a sequence of reactions that had a major impact outside the bounds of Ashland.
