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Storage Tank and Oil Pollution (STOP) Branch

Storage Tank and Oil Pollution (STOP) Branch. SPCC Enforcement and Compliance Program. Purpose of SPCC Rule 40 CFR 112. To prevent oil discharges from reaching navigable waters of the U.S. or adjoining shorelines

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Storage Tank and Oil Pollution (STOP) Branch

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  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

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