1. Storage Tank and Oil Pollution (STOP) Branch SPCC Enforcement and Compliance Program

2. Purpose of SPCC Rule 40 CFR 112 • To prevent oil discharges from reaching navigable waters of the U.S. or adjoining shorelines • To ensure that effective/proactive measures are used in response to an oil discharge

3. Original SPCC Prevention Regulation • Require site-specific plans to prevent oil discharges that could affect navigable waters • Promulgated on December 10, 1973 • Effective on January 10, 1974 • Largely unchanged for 28 years • Authority: Clean Water Act (CWA) 311(j)(1)(C) and 501, and codified under 40 CFR part 112

4. SPCC Outreach • Notify facilities that they are subject to the rule • Provide brochures and information • Attend association meetings • Provide a hotline 1-800-424-9346 • Website www.epa.gov/oilspill • Hold workshops

5. SPCC Inspections • Announced or Unannounced • Targeted Inspections: - Numerous Spills - Low compliance - Sensitive Environment • Random Inspections

6. Traditional Enforcement • Facilities are fined for violations in accordance w/ the Clean Water Act and the penalty policy • Fines are substantial • The penalty policy allows for reduction in fines for settlement • Settlement negotiations can take several months and cost substantial legal fees

7. SPCC Expedited Enforcement Program (SEEP) • Designed for minor SPCC violations that are easily correctable • Focus is on correcting violations, not negotiating penalty amounts • Based on announced inspections • Available for 30 days

8. SEEP Program Criteria: • No SPCC violations in the past five years • No spills greater than 1000 gallons within the past 5 years • Easily correctable violations only • Must have addressed secondary containment • Penalties are >$400 and <$3000

9. Facilities qualifying for SEEP receive: • Inspection findings with penalty amounts • Expedited SPCC Settlement Agreement (ESSA) • Instructions • 30 days to correct violations and pay the fine

10. Non-qualifying or non- participating facilities likely to receive: • Information request letter • Administrative Civil Complaint • Penalties up to $27,500 per violation • Invitation to a Settlement Conference • Opportunity for an Administrative Hearing

11. Obvious SEEP benefits: • Program causes a “ripple effect” in the regulated community • 20 facilities come into compliance for every SPCC inspection • Lower penalties provide economic incentive for compliance • Fewer spills from fixed facilities • EPA is gone in 30 to 60 days!!!

12. Questions ? U. S. EPA - Region 7 Air, RCRA and Toxics Division Storage Tank and Oil Pollution Branch 901 N. 5th Street Kansas City, KS 66101 Bob Webber (913) 551-7251 Alan Hancock (913) 551-7647