SPCC Compliance without Breaking the Bank Dan Felten, PE & Tom Murphy2012 Vermont Fuel Dealer Conference May 31, 2012
The Cost of Non-Compliance… PLUS…The ADDITIONAL Cost to Come into Compliance
Personal Experience with EPA Enforcement Actions• Bulk Fuel Distributor in MA – Unannounced EPA inspection – RFI covered 4 facilities – Nearly full compliance achieved in < 90 days – No penalty assessed• Bulk Fuel Distributor in VT – Oil released to river in 2003 – Second release in 2007 – RFI covered 5 facilities – Multiple violations resulted in $157,500 penalty – PLUS, structural and administrative upgrades
Personal Experience with EPA Enforcement Actions (cont)• Transportation Company in MA – failure to prepare SPCC and submit MSGP – RFI covered 7 facilities – Multiple violations resulted in $237,000 penalty – PLUS, structural and adminstrative upgrades• Bulk Fuel Distributor in VT – Multiple violations – $3000 penalty settlement – Upgraded bulk plant and SPCC Plan
Case Study 1: Unannounced EPA Inspection in Western MA• EPA arrives and asks for SPCC Plan• Manager was on vacation and Office staff didn’t know what an SPCC Plan was• Terminal Manager faxed to EPA on his return• The Plan was >10 years old and inadequate• EPA issued Request for Information (RFI)
Case Study 1: Client Response• Self disclosure for four bulk plants – All had outdated SPCC Plans – Three required SWPP Plans – Most required upgrades• Approx $40K for administrative compliance: – New/updated plans – Training – Engineering for upgrades• Upgrades included – New OWS – Dike upgrades – Tank maintenance
Case Study 1: EPA ResponseNo penalty based upon customer response – All information was presented in a timely fashion – 90% of the work (administrative and structural) completed in less than 90 days – Major upgrades were scheduled and completed within 6 months, including: • New oil/water separator • Upgrade to secondary containment at two locations
TAKE HOME MESSAGES• Your best defense is a good offense – Be proactive with compliance – During or after a spill is NOT the time to start your compliance program!• Collaborate with the regulators – Their main objective is to prevent releases – They will help you if asked – A cooperative attitude and quick response goes a long way• There are many ways to achieve compliance – Evaluate your options first – Bring in the professionals!