Oil Pollution Act Enforcement Support

The U.S. Environmental Protection Agency’s (EPA’s) Oil Program is facing several new and emerging priorities, ranging from implementing the new Clean Water Act Hazardous Substance Facility Response Plan (FRP) requirements to changing Waters of the United States (WOTUS) definitions. EPA regions are tasked with 5-year reviews of significant and substantial facilities subject to the FRP rule, but may not understand their universe of regulated facilities. In addition, regional EPA staff turnover has led to fewer experienced inspectors performing onsite Spill Prevention, Control, and Countermeasure (SPCC) and FRP inspections.

Over the past 10 years, ERG has supported EPA in implementing the SPCC and FRP Programs nationwide. Our work has included:

• Reviewing over 150 FRPs for the requirements at 40 CFR Part 112, drafting deficiency letters, reviewing revised FRPs, and drafting approval letters at EPA’s direction.
• Developing long-term FRP review schedules for multiple EPA regions based on spill history, time since last review or inspection, and proximity to water.
• Leading over 80 SPCC and FRP onsite inspections, drafting inspection reports and photograph logs, and attending case handoff meetings with EPA attorneys.
• Providing on-the-job training for over 10 EPA regional employees during onsite inspections.
• Supporting multiple SPCC- and FRP-related cases, including reviewing 308 information requests; WOTUS evaluation; and securing expert subcontractor support to model asphalt spills.