Oil, both petroleum and nonpetroleum, is a significant part of our daily lives. We rely on it for everything from heating our homes to fueling our cars. However, as helpful as it is for maintaining high living standards, oil spills pose a danger to public and ecological health.
Oil spills are common occurrences resulting from the deliberate or accidental release of oils into the environment. These spills cause environmental damage and threaten the health of humans, marine life and terrestrial life. For instance, the 2010 Deepwater Horizon oil spill caused the death of an estimated 4,900-7,600 large juvenile and adult sea turtles and between 56,000-166,000 small juvenile sea turtles.
To tackle and minimize oil spills, the Environmental Protection Agency (EPA) oversees environmental laws and standards to ensure compliance.
Consequences of Noncompliance With EPA Regulations
Businesses have a corporate social responsibility and legal obligation to comply with EPA regulations. Failure to do so can result in several consequences, including the following.
EPA Penalties
One way the EPA enforces compliance is by imposing penalties on violators. EPA penalty policies seek to serve as general deterrence to persuade others to comply with environmental regulations, and specific deterrence to discourage violating parties from future violations.
The calculation of EPA penalties is based on a preliminary deterrence amount, which consists of two components — economic benefit and gravity of violation. Under the economic benefit component, the penalty for violation involves removing the financial benefits a violator receives from noncompliance with the regulation. The gravity component considers the seriousness of the breach to determine the penalty.
Legal Consequences
Depending on the severity of the violation, businesses may face civil or criminal sanctions for breaching EPA compliance regulations. Civil sanctions can range from monetary penalties to mandated cleanups. More severe violations can result in imprisonment and significant fines.
Business Interruption
In addition to the legal implications and financial penalties of noncompliance with EPA regulations, businesses experience interruptions. One common consequence is an order to shut down your business operation for a specified duration, which can lead to loss of revenue and public trust. In more severe cases, noncompliance with environmental regulations can lead to permit revocation.
Impact on Business Reputation
As more and more consumers and investors embrace sustainability, companies guilty of EPA oil spill violations risk boycotts and bad press. Consequently, a negative business reputation can cause investors to withdraw from business partnerships, leading to financial losses.
EPA Oil Spill Regulations
The Environmental Protection Agency has several core compliance programs and regulations to guide companies and business entities toward preventing, preparing for and containing oil spills.
The Clean Water Act
The Clean Water Act, enacted in 1948, is a federal law that prohibits all kinds of pollution of the American waterways, including oil spills. To implement the provisions of this Act, the EPA has created regulations that ensure adequate protection of the environment.
Facility Response Plan (FRP)
EPA compliance regulations require facilities that store and use oil to prepare Facility Response Plans (FRPs) to demonstrate their preparedness to handle worst-case oil spill scenarios. This requirement covers facilities with the potential to cause “substantial” and “significant and substantial” harm. Consider the following conditions to determine whether your facility requires a Facility Response Plan:
Substantial harm: According to the FRP rule, a facility may pose substantial harm if it has a storage capacity of 42,000 gallons or more and transfers oil by ship.
Significant and substantial harm: A regional administrator determines whether a facility could cause “significant and substantial” harm because of its location. In addition to the criteria for constituting facilities that cause substantial harm, an RA considers factors such as the age of the tank, spill history, and proximity to fish, wildlife or drinking water intakes.
Spill Prevention, Control and Countermeasure (SPCC)
The Spill Prevention, Control and Countermeasure (SPCC) regulation goes beyond preventing oil spills. It also specifies requirements for ensuring preparedness for and response to oil discharges in facilities unrelated to transportation that store, transfer, use or consume oil or oil products. These could range from substances like fuel and gasoline to lube and hydraulic oil. This regulation applies to your facility if:
It stores more than 1,320 U.S. gallons of oil in aboveground containers.
It stores more than 42,000 gallons of oil in completely buried containers.
It can potentially discharge oil into navigable waters of the U.S. or adjacent shorelines, including lakes, streams or rivers. Consider location and geography to determine whether your facility matches this condition.
The SPCC regulation outlines requirements for qualified facilities, including developing and implementing an oil spill prevention plan, commonly known as an SPCC plan. Your SPCC plan must outline elements such as:
Oil storage and handling details.
Spill prevention practices.
Spill response procedures.
Maintaining Ongoing EPA Oil Spill Compliance
Compliance with EPA oil spill requirements takes intentionality, continuous performance tracking and proactive planning. The following steps will help your company maintain ongoing compliance with EPA regulations:
Regular audits: Regular audits can help your company identify compliance gaps promptly and prevent violations. It’s also good practice to review and update SPCC plans and FRPs accordingly.
Employee training and exercises: Organizing regular training programs for your workforce is crucial to ensuring preparedness for oil spills and effective spill responses. Conducting regular tabletop exercises to simulate real-life oil spill scenarios also helps assess emergency response actions and improve them where necessary.
Documentation: If your company meets the criteria for a qualified facility, you must keep detailed SPCC or FRP plans. These plans outline necessary procedures and prove compliance during EPA inspections.
Inspection schedules: Routine inspections of oil containers help detect leaks or signs of corrosion early enough to prevent large-scale leaks.
Regular documentation reviews: EPA compliance regulations constantly evolve to adapt to environmental changes. Regular reviews of your systems and procedures are an excellent way to ensure your business stays ahead of the curve.
Oil Spill Containment Solutions: Why Do You Need Them?
Oil spills are a significant environmental issue, and as a business entity, there is no such thing as exercising too much due diligence. Even with stringent plans, spills can still happen, making preparing for backup containment options necessary. EPA-compliant oil spill solutions, like drop-in berm liners and Petro-Barriers, serve as resources for capturing escaped oils and preventing soil and groundwater pollution.
Oil spill containment solutions are an extra level of caution to prevent leaks from polluting the environment when they occur. These solutions are necessary for several reasons:
They help your company stay compliant with EPA regulations.
Using EPA-compliant solutions saves your business the cost it would otherwise incur for cleanup procedures and legal penalties.
They enhance worker safety by reducing risks associated with oil spills.
Access Complete Oil Containment systems
Your organization has a role in keeping the environment safe from oil spills. While stringent contingency plans are essential, oil containment systems help provide extra caution. Solidification Products International Inc. has over 30 years of experience providing businesses with EPA-compliant solutions to effectively manage oil spills, leaks and other issues related to oil control. Contact us to access complete oil containment systems.
