In October 2008, an EPA Region 8 official shared with our staff a policy change which was effective in 2009. Rather than focus on one specific state in the region each year, they would conduct un-announced SPCC inspections in every state for one week each year.
Based on information provided to us by several clients, these inspections seem to occur concurrently during the week they visit to conduct unannounced spill drills at larger oil storage facilities subject to the facility response plan (FRPs) regulations.
In North Dakota, these drills are typically held in July.
In 2009, EPA visited the facilities in the Grand Forks area.
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Fines Assessed in Past Inspections
During the
last cycle of SPCC inspections, the highest fines were
assessed against facilities who had spills to surface water and/or storm water systems. The second tier of fines involved facilities without adequate containment and/or SPCC Plans. Fines of $50 per day for each type of missing inspection forms, training documentation and other "paperwork" have quickly amounted to tens of thousands of dollars in fines. Additional adverse impacts occur when the media pick-up on EPA press releases listing sites subjected to these fines.
Typical Gaps in SPCC Plans
The following items were cited by the EPA as the most frequent gaps:
(1) Does not cross reference to applicable §112 standard (2) Does not address how the plan meets the applicable regulatory standard (3) Does not include discussion of facility’s conformance with requirements (4) Does not address secondary containment for loading and unloading areas (5) Sign or other system not in place to prevent premature tanker truck departure
Keitu would welcome an opportunity to assist you in preparing for a potential inspection or audit at your facility.
