EPA Region 6 Initiates SPCC Enforcement Sweep

Regulatory Alert

EPA Region 6 Initiates SPCC Enforcement Sweep

EMA Regulatory Counsel Contacts: Jeff Leiter and Jorge Roman

Thursday, April 30, 2026 – EMA has learned that EPA Region 6 has launched a coordinated enforcement sweep targeting Spill Prevention, Control, and Countermeasure (SPCC) compliance at oil-handling facilities across Arkansas, Louisiana, New Mexico, Oklahoma, and Texas. The initiative involves announced and unannounced inspections, document requests under the Clean Water Act, and accelerated civil penalty referrals. Petroleum marketers with facilities subject to SPCC anywhere in EPA Region 6 should expect heightened scrutiny in the coming weeks and months.

Background

The sweep is understood to be EPA’s response to public criticism following the August 2025 explosion and fire at the Smitty’s Supply facility in Roseland, Louisiana. That incident, which prompted evacuations and caused significant surface-water impacts, has focused attention on perceived gaps in federal oversight of bulk petroleum storage operations. Subsequent EPA RCRA findings, DOJ civil litigation, and an active EPA/FBI criminal investigation have made the Smitty’s matter a touchstone for more aggressive SPCC enforcement. Although Smitty’s is a lubricant blender, EPA Region 6 inspectors are expected to apply the same heightened posture to all above-ground oil storage facilities within the Region—including fuel terminals and bulk plants to demonstrate that agency oversight is, in fact, robust.

Why This Matters to EMA Marketers

Petroleum marketers operate precisely the type of facilities EPA Region 6 is prioritizing: bulk fuel terminals, jobber bulk plants, loading and unloading racks, transport-truck staging areas, and commercial fueling locations with above-ground storage. SPCC penalties are assessed per day, per violation, with statutory maximums currently exceeding $66,000 per day. EPA inspectors will be looking for a current SPCC Plan, Professional Engineer (PE) certification where required, secondary containment sufficient to hold the largest single container plus precipitation, integrity testing records, employee training documentation, loading/unloading area protections, and timely Plan amendments following facility changes.

Members should also be aware that an SPCC inspection can readily expand into adjacent regulatory areas—UST compliance, Facility Response Plan obligations, EPCRA Tier II reporting, and stormwater permitting—particularly if inspectors observe conditions inconsistent with the facility’s current paperwork.

Recommended Member Action Steps

Pull and re-read your SPCC Plan. Confirm it accurately reflects current tank inventory, container locations, transfer points, loading racks, and drainage pathways. Plans more than five years old without documented reviews and technical amendments are red flags to inspectors.
Verify PE certification is current. Tier II facilities (most petroleum marketing bulk plants and terminals) require PE certification of the Plan and any technical amendments. Self-certification is permitted only for qualifying Tier I facilities under 10,000 gallons of aggregate above-ground storage.
Walk the facility against the SPCC Plan. Confirm secondary containment integrity, drainage controls, overfill prevention, loading/unloading area protections, transfer-hose management, and fence and security measures match what the Plan describes. Pay particular attention to dispenser islands, transport offload points, and any recent tank or piping changes.
Audit your records. Tank integrity tests, monthly visual inspections, annual training documentation, and discharge reports must be retrievable on request. Missing or incomplete records are the most common citation in SPCC inspections and the easiest violation for an inspector to document.
Brief your facility personnel. Identify who is authorized to receive an inspector, accompany the walk-through, and produce records. Ensure the designated person knows to contact counsel before providing substantive responses to EPA information requests or signing any inspection-closing documents.
Determine whether a Facility Response Plan (FRP) is required. Substantial-harm facilities must self-certify and submit an FRP. Reassess your status if storage capacity, location, spill history, or proximity to navigable waters has changed—particularly relevant for terminals and larger bulk plants near rivers, bayous, or coastal waters in Region 6.
Coordinate with UST compliance. For sites with both AST and UST systems, ensure SPCC Plan facility diagrams, release-response procedures, and personnel training are consistent with UST operator training and Class A/B/C designations. Inspectors increasingly cross-check the two programs.

Energy Marketers of America Home Page | Opt-Out of Mailings