Aboveground Oil Storage Tanks: More Complete Facility Data Could Improve Implementation of EPA's Spill Prevention Program
Published: 2008-04-30T00:00:00

Fast Facts:

Highlights:
section_title: Why GAO Did This Study
paragraphs: Oil leaks from aboveground tanks have contaminated soil and water, threatening human health and wildlife. To prevent damage from oil spills, the Environmental Protection Agency (EPA) issued the Spill Prevention, Control, and Countermeasure (SPCC) rule in 1973. EPA's 10 regions inspect oil storage facilities to ensure compliance with the rule. EPA estimates that about 571,000 facilities are subject to this rule. Some states also regulate oil storage tanks. GAO determined (1) how EPA regions implement the SPCC program, (2) the data EPA has to implement and evaluate the program, and (3) whether some states' tank programs suggest ways for EPA to improve its program. GAO surveyed all 10 EPA regions and interviewed officials in EPA and six states selected on the basis of experts' recommendations, among other criteria.
section_title: What GAO Found
paragraphs: EPA allows regional offices flexibility to implement the SPCC program according to their individual circumstances. These differences account, at least in part, for regional variations in the number of SPCC inspections. According to GAO's survey, during fiscal years 2004 through 2006, EPA regions conducted 3,359 SPCC inspections--less than 1 percent of EPA's estimate of SPCC facilities--ranging from 184 in Region 10 to 745 in Region 6. Furthermore, because of regional differences in the number of inspections and the enforcement mechanisms used, the number of SPCC enforcement actions also varied. While EPA allows regional flexibility, it has begun implementing SPCC policies and procedures to promote consistency in how the SPCC regulations are interpreted and enforced. EPA has information on only a portion of the facilities subject to the SPCC rule, hindering its ability to identify and effectively target facilities for inspection and enforcement, and to evaluate whether the program is achieving its goals. Because facilities subject to the SPCC rule do not have to report to EPA, the agency can only estimate the universe of SPCC-regulated facilities and must try to identify them through such means as oil spill data, state referrals, and Internet searches. Through inspections, EPA determines if the facility is subject to the rule. While inspections of known SPCC facilities are generally risk-based, the risk assessments exclude the large number of estimated SPCC facilities that have not yet been identified and that may pose more serious threats than those currently targeted for inspection. EPA is developing a national database to promote standard data collection across regions and expand the facility information available to regional managers. However, this database is limited to previously inspected facilities and will not enable EPA to identify SPCC facilities beyond those already known. Ultimately, incomplete information on which facilities are subject to the SPCC rule, and where and how often leaks may occur, prevents EPA from effectively targeting inspections to facilities that potentially pose the highest risks. Furthermore, EPA does not have performance measures to examine the program's effectiveness. EPA is developing additional measures, but without more complete data on the SPCC-regulated universe, these measures cannot gauge the program's accomplishments. The tank inspection programs of Florida, Minnesota, Missouri, New Jersey, New Mexico, and Virginia can provide EPA with insight on potential improvements to the SPCC program. For example, five of the six states use tank registration and reporting systems to collect data on oil storage facilities, giving them information on the universe of facilities subject to state regulations. These states can therefore inspect all their facilities or target those they believe present the highest risks of spills. By taking a similar approach, EPA would have more complete data for setting inspection priorities based on risk. Furthermore, because these states have detailed knowledge of their facilities, EPA could benefit from increased coordination with them, when, for example, it identifies facilities and targets inspections.

section_title: Letter
paragraphs: Industrial and other facilities store billions of gallons of oil—from  Industrial and other facilities store billions of gallons of oil—from  petroleum products to vegetable-based cooking oils—in aboveground  petroleum products to vegetable-based cooking oils—in aboveground  storage tanks at various locations throughout the United States. These  storage tanks at various locations throughout the United States. These  tanks have sometimes leaked oil that may migrate into soil, nearby  tanks have sometimes leaked oil that may migrate into soil, nearby  waterways, and groundwater, potentially threatening human health,  waterways, and groundwater, potentially threatening human health,  wildlife, and the environment. To prevent certain oil spills, the  wildlife, and the environment. To prevent certain oil spills, the  Environmental Protection Agency (EPA), under the authority of the Clean  Environmental Protection Agency (EPA), under the authority of the Clean  Water Act, issued the Spill Prevention, Control, and Countermeasure  Water Act, issued the Spill Prevention, Control, and Countermeasure  (SPCC) rule in 1973. The SPCC rule, as amended, requires each owner or  (SPCC) rule in 1973. The SPCC rule, as amended, requires each owner or  operator of a regulated facility to prepare and implement a plan that  operator of a regulated facility to prepare and implement a plan that  describes how the facility is designed, operated, and maintained to prevent  describes how the facility is designed, operated, and maintained to prevent  oil discharges into or upon U.S. navigable waters and adjoining shorelines.  oil discharges into or upon U.S. navigable waters and adjoining shorelines.  The plan must also include measures to control, contain, clean up, and  The plan must also include measures to control, contain, clean up, and  mitigate the effects of these discharges.  mitigate the effects of these discharges.
EPA estimated that in 2005, about 571,000 facilities in a variety of industry  EPA estimated that in 2005, about 571,000 facilities in a variety of industry  sectors, such as oil and gas production, petroleum bulk storage, farming,  sectors, such as oil and gas production, petroleum bulk storage, farming,  electric utilities, and manufacturing, are regulated under the SPCC rule.  electric utilities, and manufacturing, are regulated under the SPCC rule.  Facilities are subject to the rule if they (1) are non-transportation-related,  Facilities are subject to the rule if they (1) are non-transportation-related,  (2) have a total oil storage capacity of greater than 1,320 gallons in  (2) have a total oil storage capacity of greater than 1,320 gallons in  aboveground oil storage containers or a total oil storage capacity greater  aboveground oil storage containers or a total oil storage capacity greater  than 42,000 gallons in completely buried storage tanks, and (3) could  than 42,000 gallons in completely buried storage tanks, and (3) could  reasonably be expected, due to their location, to discharge harmful  reasonably be expected, due to their location, to discharge harmful  quantities of oil into or upon U.S. navigable waters or adjoining  quantities of oil into or upon U.S. navigable waters or adjoining  shorelines. According to EPA, while some underground storage tanks are  regulated under the SPCC rule, the majority of the regulated facilities  consist of aboveground tanks.
In 1974, EPA initiated the SPCC program to administer the rule. EPA  directly administers the SPCC program, in contrast to some other EPA  programs, which the agency authorizes the states to implement. The Clean  Water Act does not provide EPA with the authority to authorize states to  implement the program in its place. To ensure that facility owners and  operators are meeting SPCC requirements, EPA regional personnel inspect  regulated facilities to determine their compliance with regulations. EPA’s  Office of Emergency Management (OEM) and Office of Enforcement and  Compliance Assurance (OECA) support the regions by developing and  amending SPCC regulations and compliance assistance materials,  providing general guidance on how to conduct inspections and  enforcement actions, facilitating communication and coordination among  regions, and conducting research on the incidence of oil spills, cleanups,  and environmental harm. OEM and OECA provide general guidance to  regional offices on how to implement the SPCC program, and regional  offices decide which facilities to inspect and when and how to proceed  with administrative or civil judicial enforcement actions consistent with  national guidance.
In 1989, we reported that certain areas of the SPCC program lacked either  the necessary data or procedures to ensure consistent and effective  program implementation and recommended ways to strengthen the  program. Among other actions, we recommended that EPA (1) develop an  inventory of aboveground oil storage facilities because it had little  information on facilities that might be regulated by the SPCC rule and (2)  provide uniform instructions to its regions for conducting and  documenting inspections at SPCC facilities. In 1995, we reported that EPA  had taken steps to address these recommendations but had not fully  implemented them.
While EPA is solely responsible for ensuring that facilities comply with  SPCC regulations, a number of states have established their own parallel  regulations and programs whose goal—preventing leaks from  aboveground oil storage tanks—is similar to that of the SPCC program.  These programs may differ from EPA’s program in type and extent of  regulations and in their implementation. For example, while EPA’s  program regulates those facilities that could discharge quantities of oil into  or upon U.S. navigable waters and adjoining shorelines, some states  regulate facilities that have the potential to spill oil into groundwater and  surface waters. In addition, some states do not have separate, formal spill  prevention programs, but may inspect aboveground storage tanks as part  of other regulations, such as state fire prevention codes. Because states  differ in their approaches to regulating aboveground storage tanks, in  some states, both EPA and the state may inspect some facilities, while in  other states, EPA may be the sole regulatory agency inspecting oil storage  facilities.
To hold federal agencies systematically accountable for achieving results  from their programs, such as EPA’s SPCC Program, the Congress passed  the Government Performance and Results Act (GPRA) of 1993. The act  requires EPA and other federal agencies to develop strategic plans  covering at least 5 years and submit them to the Congress and the Director  of the Office of Management and Budget (OMB). In addition, GPRA  requires agencies to prepare annual performance plans that establish goals  for the upcoming fiscal year that are aligned with the agencies’ long-term  strategic goals that are described in their strategic plans. These annual  performance plans must include results-oriented annual goals that are  linked to program activities and indicators that the agency will use to  measure performance against these goals.
In this context, you asked us to review EPA’s SPCC program. Specifically,  we (1) determined how EPA regions implement the SPCC program,  especially inspection and enforcement activities, (2) identified the data  EPA has available to implement and evaluate the SPCC program, and (3)  examined the extent to which tank programs in selected states offer  examples of ways that EPA might improve its implementation of the SPCC  program.
To review EPA regions’ practices in implementing the SPCC program, we  surveyed all 10 EPA regions to determine, among other things, how they  identify facilities to inspect, the number of inspections each region has  conducted in recent years, how many SPCC inspectors have received  training, and the number of those inspected facilities that complied with  SPCC regulations and, for those that did not comply, the number of  enforcement actions taken. We also discussed the regions’ responses to  our survey in detail with regional officials. To determine what SPCC data  EPA officials have available, we spoke with EPA officials to identify the  agency’s data sources for enforcing SPCC regulations, determine how the  agency uses the data, and determine the data’s overall limitations. Finally,  we interviewed officials from aboveground oil storage tank programs in  six states—Florida, Minnesota, Missouri, New Jersey, New Mexico, and  Virginia—to understand the nature of their programs and how they are  implemented, to identify practices that might be applied to EPA’s program,  and to learn about any coordination between these states’ programs and  EPA’s SPCC program. We selected these six states because they (1) had  aboveground storage tank programs, (2) were recommended by trade  associations and other officials as states that had well-run storage tank  programs, and (3) represented a cross section of geographical areas and  EPA regions. Appendix I provides a more detailed explanation of our  scope and methodology. We conducted this performance audit between  August 2007 and April 2008 in accordance with generally accepted  government auditing standards. Those standards require that we plan and  perform the audit to obtain sufficient, appropriate evidence to provide a  reasonable basis for our findings and conclusions based on our audit  objectives. We believe that the evidence obtained provides a reasonable  basis for our findings and conclusions based on our audit objectives.
subsections: section_title: Background
paragraphs: The Clean Water Act prohibits the discharge of oil and hazardous  substances into or upon U.S. navigable waters or adjoining shorelines and  directs the President to issue regulations establishing procedures,  methods, and equipment requirements to prevent such discharges. The  President subsequently delegated this responsibility to EPA. In 1973, to  meet this responsibility as it relates to oil discharges, EPA issued the Oil  Pollution Prevention Regulation—also referred to as the SPCC rule— which outlined the actions oil storage facilities that store greater than  certain quantities of oil must take to prevent, prepare for, and respond to  oil spills before they reach U.S. navigable waters or adjoining shorelines.  In 1974, the SPCC rule took effect and EPA initiated the SPCC program.  Under this program, regulated facilities must implement procedures and  methods and have certain equipment to prevent oil discharges from  reaching U.S. navigable waters and adjoining shorelines. SPCC requires  facilities to prepare oil spill prevention plans that spell out (1) design,  operation, and maintenance procedures to prevent spills from occurring  and (2) countermeasures to control, contain, clean up, and mitigate the  effects of an oil spill.
In 1994, in response to directives in the Oil Pollution Act of 1990—which  amended the Clean Water Act—EPA established specific requirements for  a subclass of SPCC facilities, including that these facilities develop and  implement Facility Response Plans (FRP). According to EPA, there are  about 4,100 FRP facilities nationwide—less than 1 percent of the  estimated SPCC-regulated facilities. FRP facilities are those that, because  of their location, could reasonably be expected to cause substantial harm  to the environment by discharging oil into or on U.S. navigable waters,  adjoining shorelines, or the exclusive economic zone. Under EPA  regulations, facilities are considered FRP facilities if they have (1) 42,000  gallons or more of oil storage capacity and transfer oil over water or (2) 1  million gallons or more of oil storage capacity and meet other specific  criteria, such as risking injury to sensitive environments or the shutting  down of public drinking water intake. Owing to the higher risk they pose,  FRP facilities are subject to more stringent rules and regulations than  other SPCC facilities, primarily focusing on response preparedness. For  example, FRP facilities must submit for EPA’s review and possible  approval, plans that identify the individual having full authority to  implement removal actions at the facility and the resources available to  remove a discharge, and describe the training, testing, and response  actions of persons at the facility, among other things. Even though FRP  facilities are subject to more stringent requirements than other SPCC  facilities, they are required to have SPCC plans and are also inspected  through the SPCC program.
In response to some major oil spills, our 1989 report, and similar findings  by an EPA taskforce, the agency proposed revisions to the SPCC rule in  1991, 1993, and 1997 and finalized these amendments in 2002. These  amendments made over 30 changes that EPA considers major to the SPCC  rule, such as including new subparts outlining the requirements for various  classes of oil; revising the applicability of the regulation; amending the  requirements for completing SPCC plans; and strengthening tank integrity  testing requirements, among other changes. The final rule also contained a  number of provisions designed to decrease regulatory burden while  preserving environmental protection. Since then, EPA  in 2006, made several major changes to the SPCC rule to further reduce  regulatory burden, including an amendment that allows certain smaller  facilities, identified as “qualified facilities,” storing up to 10,000 gallons of  oil, to prepare self-certified SPCC plans and in October 2007, proposed further changes to streamline the SPCC  requirements to, among other things, reduce regulatory burden on  industries such as farms and oil production facilities. The agency plans to  make these changes final in late 2008.
Although EPA amended the SPCC rule in 2002 and 2006, the new  requirements have not taken effect because EPA extended the date by  which facilities were to come into compliance with these revised  requirements in 2003, 2004, 2006, and 2007. That is, owners and operators  of facilities operating on or before August 16, 2002, must continue to  maintain their SPCC plans based on current SPCC requirements and then  must amend them to ensure compliance with the amended requirements  by July 1, 2009. Facilities beginning operations after August 16, 2002, have  until July 1, 2009, to prepare and implement a plan. EPA made this latest  extension to, among other things, give owners and operators of facilities  the time to fully understand the 2002 and 2006 amendments and the  further revisions that are planned for implementation in 2008, and to make  changes to their facilities and plans. We reported on the reasonableness of  the economic analyses EPA performed in support of the 2002 and 2006  amendments to the SPCC rule in July 2007. We found that the economic  analysis of the 2002 amendments had several limitations that reduced its  usefulness for assessing the amendments’ benefits and costs. We also  found that although EPA’s economic analysis of the 2006 amendments  addressed several of the 2002 limitations, it also had some limitations that  reduced its usefulness for assessing the amendments’ benefits and costs.
EPA delegates implementation of the program to its 10 regional offices,  which carry out inspection programs to ensure that the facilities are in  compliance with the SPCC regulations. Figure 1 shows the locations of  EPA’s 10 regions.
When EPA inspects a facility, it typically sends one or more inspectors  from the region to the facility. These visits generally begin with a list of  questions about the facility, such as confirming that the facility meets the  criteria for the SPCC rule and asking whether it has an SPCC plan. The  inspectors will then review the plan to see if it contains information  required under the SPCC rule, including facility diagrams, training of  employees, security measures, containment structures, and records of  facility inspection and tests. The inspectors then tour the facility and  examine how the plan is being implemented by, for example, inspecting  equipment and taking notes and photographs. After the inspection, a  compliance determination that completes the inspection process for that  facility is made unless observed noncompliance warrants another fact- finding inspection.
Before informing facility owners or operators of any violations found,  inspectors may discuss their observations with supervisors and  enforcement and compliance staff to determine what actions to take. This  process generally takes several weeks, but can take up to several months,  depending on the severity of the violations. Determining whether a penalty  is appropriate or determining appropriate penalties for violations depends,  among other things, on the seriousness of the violation, the economic  benefit to the facility owner or operator resulting from the violation, the  degree of the facility owner’s or operator’s culpability in the violation, and  any history of violations at the facility. When a violation is found, EPA may  send a “notice of deficiency,” “letter of violation,” or similar notice to the  owner or operator. The owner or operator could also receive an  Expedited Settlement Agreement (ESA) offer to settle the violations by  paying a penalty between $500 and $2,500 and promptly correcting any  violations found. Finally, EPA could seek the issuance of an  administrative penalty order against the owner or operator, or submit a  judicial referral for penalties to the Department of Justice. Typically, the  investigation is considered closed when, in cases where there is a  deficiency but not a penalty, corrective actions are taken, or when a  penalty is issued, when the penalty payment is received and corrective  action is performed.
EPA headquarters annually determines how funds for implementing the  Oil Program are allocated to regional offices. The budget allocation for the  Oil Program combines funds for oil spill prevention (SPCC), preparedness  (FRP and area contingency planning), and response infrastructure. As  shown in table 1, the total operational budget allocated for EPA Oil  Program activities in fiscal year 2006 was $12 million and, in fiscal year  2007, $12.3 million. In fiscal year 2006, EPA allocated between 5 and 10  percent of the total operational budget for Oil Program activities to each  EPA regional office. In fiscal year 2007, EPA’s allocation for Oil Program  activities to each EPA regional office ranged between 5 and 9 percent.  EPA regional offices determine how they will use the allocated funds to  implement the SPCC program in their regions, including how they will  manage inspection and enforcement activities.
According to EPA headquarters and regional officials, most funds for oil  spill response come out of another fund—the Oil Spill Liability Trust  Fund—which is managed by the U.S. Coast Guard. Although EPA receives  some funding from the emergency response portion of the Oil Spill  Liability Trust Fund for response activities, there are no funds provided  for additional staff to conduct inspection activities. The staff that perform  other oil spill activities, including SPCC inspections, also conduct  response activities. Thus, when there is a high level of response activity,  there may be an impact on prevention and preparedness activities,  including the number of SPCC inspections.
In our 1989 report, we made several recommendations to EPA’s  Administrator to strengthen SPCC regulations and the program. Among  other things, to strengthen SPCC regulations, we recommended that EPA  require that (1) aboveground storage tanks be built and tested in  accordance with industry or other specified standards, (2) facilities  develop response plans for spilled oil beyond the facilities’ boundaries,  and (3) storm water drainage systems be designed and operated to prevent  oil from passing through them. EPA included provisions in the 1991 SPCC  proposed amendments to implement the recommendations regarding tank  integrity testing and storm water drainage systems and finalized these  amendments in the 2002 rule. In 1994, EPA partially addressed our  recommendation regarding submitting response plans when it began  requiring FRP facilities to submit plans as required by the Oil Pollution  Prevention Act of 1990. This act required the President to issue regulations  for response plans for oil or hazardous substances for facilities that,  because of their location, could reasonably be expected to cause  substantial harm to the environment by discharging into or on U.S.  navigable waters and adjoining shorelines, or the exclusive economic  zone. EPA, however, did not require response plans from other SPCC  facilities.
Furthermore, our 1989 report recommended that EPA take the following  four actions to improve its implementation and evaluation of the SPCC  program:    better define the training needs for the agency’s SPCC inspectors because  each of EPA’s regions had established a training program for SPCC  inspectors using different program styles, curricula, and manuals;   develop instructions for performing and documenting inspections because  EPA had not required the regions to follow uniform inspection or  documentation procedures, allowing regions in many cases to let  inspectors rely on their experience and knowledge;   establish a national policy for fining violators because, in the absence of a  policy, regions had adopted inconsistent polices and rarely assessed fines;  and   develop a system of inspection priorities, based on a national inventory of  tanks, because, without knowing the location and number of facilities or  tanks, EPA could not assess the relative risk of spills to the environment  or target for inspections the facilities most in need of attention.
In 1993, the Congress passed GPRA, requiring all federal agencies to (1)  develop and submit strategic plans covering at least 5 years to the  Congress and the Director of OMB, (2) set annual performance goals  consistent with the goals and objectives in the strategic plans, and (3)  annually compare actual program results with established performance  goals and report this information to the Congress. Under the act, agencies  are to prepare annual performance plans that articulate goals for the  upcoming fiscal year that are aligned with their long-term strategic goals  described in the strategic plans. These annual performance plans must  include results-oriented annual goals linked to program activities and  indicators that the agency will use to measure performance against the  results-oriented goals. Performance measures are the yardsticks used to  assess an agency’s success in meeting its performance goals.
section_title: EPA Allows Regional Offices Flexibility in Implementing the SPCC Program while Taking Steps to Promote Consistency when Needed
paragraphs: Over the last several years, EPA has allowed each regional office to  implement the SPCC program in a manner that best fits its unique  circumstances while also establishing national SPCC policies and  procedures to promote consistent enforcement of SPCC regulations. EPA  allows flexibility because the EPA regional offices often have different  numbers and types of regulated facilities and staffing arrangements, and  face different geographic challenges in implementing the SPCC program.  Partly because of these regional differences, the number of facilities  inspected and the level of enforcement taken have varied across regional  offices in recent years. To promote consistency in how SPCC regulations  are interpreted and enforced, while allowing for this variation, EPA has  also developed a training curriculum for inspectors and guidance on how  to conduct SPCC inspections and penalize violators.
subsections: section_title: EPA Allows Regional Offices Flexibility in Implementing the SPCC Program
paragraphs: While EPA has budgeted similar amounts for each region’s SPCC activities  in recent years, its regional offices may use varying staffing arrangements  to conduct inspections. According to our survey, Regions 1 and 2 use only  EPA regional employees for SPCC inspections, while other regions, such  as Region 6, employ several contractors and EPA personnel to perform  these inspections. In many regions, EPA on-scene coordinators, whose  primary function is emergency response, also conduct SPCC inspections.  In addition, some EPA regions employ their regional and contract staff full  time on SPCC inspections, while other regions—such as Region 6—in  addition to the personnel dedicated to SPCC inspections, have several  employees who split their time between SPCC inspections and inspections  for other EPA environmental regulations or programs. Furthermore,  inspectors may differ in how they allocate their time. For example,  according to Region 5 officials, their inspectors divide their time between  enforcement activities and inspection activities, while Region 6 and 8  officials told us that they have separate offices and staff members to  perform these activities. Table 2 shows the regions’ SPCC staffing and  amount of time spent on SPCC-related activities in fiscal year 2006, such  as planning for inspections, conducting outreach to facilities, visiting  facilities, and documenting inspection results.
EPA officials told us that some regional variation in staffing and time spent  on SPCC-related activities is inevitable and necessary owing to different  management structures, geographic size, and number and type of  regulated facilities. For example, some regions, such as Region 8—which  is responsible for Colorado, Montana, North Dakota, South Dakota, Utah,  and Wyoming—must take into consideration significant travel costs, while  Region 1—which is responsible for Connecticut, Maine, Massachusetts,  New Hampshire, Rhode Island, and Vermont—has much lower travel  costs. In addition, EPA Region 6, which is considered to have a large  portion of the nation’s oil business, uses several contractors or grantees as  well as EPA inspectors to conduct inspections. Finally, Region 10 has  unique travel challenges associated with remote facilities in Alaska and, in  particular, North Slope operations.
According to EPA officials, partly as a result of the differences in how the  regions staff the SPCC program, and the travel issue associated with the  geographical differences in the regions, the number of facilities each EPA  region has inspected in recent years has varied. Also, the number of SPCC  inspections may be affected when it is necessary for EPA regional staff’s  time to be dedicated to unique response operations (such as Hurricane  Katrina).
Our survey shows that EPA’s regional offices inspected a total of 3,359  facilities for compliance with the SPCC rule from fiscal year 2004 through  fiscal year 2006, or less than 1 percent of EPA’s estimate of the number of  SPCC-regulated facilities in the United States. However, the number of  facilities inspected in each EPA region varied in these years—from 184 in  Region 10 to 745 in Region 6. (See fig. 2.)
The percentage of facilities complying or not complying with SPCC  regulations at the time of inspection also has varied across regional  offices. For example, as shown in figure 3, in fiscal year 2006, the rate of  facility noncompliance—measured as the percentage of inspected  facilities found to be not fully complying with the requirements—ranged  from a low of 26 percent in Region 3 to a high of 98 percent in Region 8,  according to our survey. The average rate of facility noncompliance of  inspected facilities across regional offices was about 59 percent.
We also found regional differences in the extent of enforcement actions  taken against inspected facilities—as measured by the percentage of  noncompliant facilities that were subject to enforcement action in fiscal  year 2006—from a low of zero for Regions 7 and 10 to a high of 84 percent  in Region 6. According to EPA officials, these regional differences are due  to various reasons, including how each EPA region has historically defined  “compliance” and the types of enforcement actions each region uses. For  example, some regions may use ESAs as an enforcement action more than  others. ESAs allow EPA officials to negotiate compliance with facility  owners without using traditional enforcement mechanisms. According to  EPA, ESAs also use fewer EPA resources and promote quick settlements  with violators. They can take between 30 and 60 days to complete, while  traditional enforcement mechanisms can take years to settle, depending  on the violation, the type of facility, and the extent of any court-ordered  corrective actions. The shorter time frame allows those regions that use  ESAs to conduct enforcement actions against a relatively large proportion  of noncompliant facilities. Currently, all regions except Region 5 use ESAs  to varying degrees, and that is a factor in the large variation in  enforcement activities across regions. Region 5, which covers most of the  Great Lakes states, does not use ESAs at all, because, according to Region  5 officials, they focus on taking enforcement actions against the more  serious noncompliant cases that would result in larger Class II  administrative penalties, rather than the less serious cases where they  could use ESAs.
EPA’s use of ESAs in recent years has outpaced the agency’s use of the  more resource intensive traditional enforcement mechanisms. According  to our survey, EPA regional offices concluded a total of 111 ESAs in fiscal  year 2006, compared with 21 settlements using traditional enforcement  mechanisms. EPA Regions 1, 3, 6, and 9 each issued ESAs in more than 25  percent of the cases in which inspectors found facilities were  noncompliant. Together, these four regional offices concluded 97 of the  111 ESAs issued by all regional offices in fiscal year 2006, with Region 6  alone issuing 60 ESAs. In addition, according to officials in Region 6, they  believe that their use of ESAs has resulted in increased compliance  through word of mouth by regulated facilities about the mechanism. EPA  headquarters officials stated that given that the SPCC requirements are  performance-based, they continue to learn from and share information  with the regions about alternative approaches to achieve facility  compliance.
section_title: EPA Has Developed SPCC Policies and Procedures to Promote Consistent Enforcement of SPCC Regulations
paragraphs: While regional offices have flexibility in implementing the SPCC program  to address factors unique to each region, EPA has taken steps over the last  several years to promote consistency in how the regions interpret and  enforce the SPCC regulations. As we reported in 1989, procedures for  training SPCC inspectors, conducting inspections, and enforcing  compliance varied across EPA regional offices.
For example, in 1989 we found the following:    Each EPA regional office had developed its own training program for  SPCC inspectors using different styles, curricula, and manuals. As a result,  SPCC inspectors were conducting inspections after meeting different  training requirements, and had different levels of knowledge and skills.
EPA had not required its regions to follow uniform procedures for  conducting and documenting inspections, and had not developed written  procedures on how to conduct inspections. EPA regional officials told us  at the time that they relied on the experience and knowledge of individual  inspectors rather than on written procedures.
EPA did not have a uniform policy in place to determine the type of  enforcement action, including penalties when enforcing SPCC regulations,  and rarely used enforcement mechanisms. Some EPA regional officials  had stated that the inspection itself, and the threat of possible penalties,  was sufficient to bring the facilities into compliance. While we agreed that  frequent inspections would promote compliance, we stated that greater  compliance would most likely be achieved if penalties were assessed.
As a result of these findings, we recommended that EPA define and  implement minimum training needs for inspectors, develop instructions  for performing and documenting inspections, and establish a national  policy for penalizing violators of SPCC regulations.
In response to these recommendations, EPA developed a new training  protocol. It now requires inspectors to be trained both in the basic  principles of inspections and in the conduct of SPCC inspections. EPA  now requires 40 hours of specific SPCC/FRP classroom time that provide  inspectors with information on the history and scope of the SPCC and FRP  rules, relevant vocabulary, inspection requirements, tank integrity testing  procedures, SPCC and FRP plan review, and enforcement issues and  procedures. EPA requires all media inspection programs to train their  inspectors in basic inspector training, health and safety training, and  program-specific inspector training. The SPCC/FRP training program is  standard across EPA, and is offered to new inspectors approximately  every 6 months. EPA also offered 8- to 12-hour “short courses” that it  designed to temporarily fulfill training requirements while it developed the  40-hour program training following the 2002 rule requirements. While  these short courses are condensed versions of the 40-hour SPCC/FRP  course, they were not intended to be long-term substitutes for the more  extensive training sessions. In addition to classroom training, EPA  requires on-the-job training, in which new inspectors shadow more  experienced inspectors during site visits, training for inspection  supervisors, and annual refresher courses. The on-the-job and refresher  training is offered in the regions and nationally at certain training events.
According to our survey, 73 percent of individuals who inspected at least  one SPCC facility in 2006 met the full requirements for classroom  training—that is, they had received basic inspector training in combination  with the mandatory 40-hour SPCC/FRP-specific program. Figure 4 shows,  for fiscal year 2006, the training level of inspectors who inspected at least  one facility.
In 2005, EPA issued national guidance to facilitate consistent  understanding among regional inspectors on how to apply provisions of  the SPCC rule. This guidance has been incorporated into the EPA national  inspector training that EPA regional inspectors receive, and it is also  available to owners and operators of facilities that may be subject to SPCC  requirements. Inspectors use the inspection and plan review checklists  included in the guidance as they inspect a facility to ensure that they  conduct complete inspections. In visits to three SPCC facilities in three  EPA regions, we found that inspectors were using the checklist. In  addition, regional officials told us that the guidance provided them with  information on how to enforce the SPCC regulations and also helped them  in answering facility owners’ questions on compliance. OEM has also  developed and presented specialized inspector training courses that  address topics related to corrosion, integrity testing, and production  sector operations.
EPA further addressed our 1989 recommendations by issuing a national  penalty policy for SPCC enforcement in 1998. Among other things, this  EPA policy describes the penalties that EPA can collect through  administrative and enforcement actions for SPCC violations and includes a  minimum settlement penalty calculation, which generally describes what  EPA would accept as a settlement. The policy also lays out a process that  EPA enforcement officials can use to determine the level of seriousness of  different SPCC violations and their associated penalties. EPA officials told  us that EPA regions consistently use this tool—adjusted for inflation— when determining penalties.
section_title: EPA Has Limited Information for Implementing and Evaluating the SPCC Program
paragraphs: EPA’s ability to implement the SPCC program is limited by three factors.  First, facilities subject to the SPCC rule are not required to identify  themselves to EPA, and therefore EPA cannot effectively identify and  target facilities for inspection and enforcement. Second, the national  database EPA is creating to improve SPCC program management is limited  to facilities that have already been inspected; consequently, the database  will not enable program managers to better identify additional SPCC  facilities. Finally, EPA cannot determine the extent to which the SPCC  program is succeeding in its goal of preventing oil spills to U.S. navigable  waters and adjoining shorelines because of the limited data and because  EPA does not have performance measures to examine program  effectiveness.
subsections: section_title: EPA Has Limited Data for Identifying Facilities Subject to the SPCC Program and Effectively Targeting Inspections
paragraphs: Although EPA estimated in 2005 that more than 500,000 facilities  nationwide could be subject to the SPCC rule, the actual number is  unknown. According to EPA officials, none of the EPA regional offices  have complete data for their jurisdictions on the number of potential  SPCC-regulated facilities or tanks; their location, size, age, quality of  construction; or method of operation.
To address these data gaps, we recommended in 1989 that EPA develop a  national inventory of all facilities under the program’s jurisdiction. We  stated that a national inventory could gather the information necessary to  assess the relative risks of spills and allow EPA to develop a system of  inspection priorities, which would require national guidance on how to  select facilities for inspection. While EPA did not directly act upon our  recommendation, in 1991 it proposed a rule to require any facility subject  to the SPCC rule to make itself known to the agency on a onetime basis,  and subsequently sought OMB’s approval to collect data from all facilities  that might be covered by the SPCC rule. However, as we noted in our 1995  report, OMB stated that EPA had not adequately justified the proposed  reporting requirements and did not approve the request.
EPA conducted a survey in 1995 to estimate the number and size of oil  production and storage facilities in most industries regulated by the SPCC  rule. Since then, EPA has updated its estimates of the number of facilities  in the SPCC universe, but it still does not know the exact universe of  facilities and their locations. In the preamble to the 2002 amendments to  the SPCC rule, EPA explained that it had decided not to pursue the  proposed notification requirement because it was still considering  whether to establish a paper or an electronic notification system. EPA  officials recently stated that the agency has still not fully considered a  notification requirement. According to EPA officials, the agency also has  not developed national guidance on how to target facilities for inspection,  although it has crafted a framework in preparation for this guidance. EPA  officials stated that the agency plans to develop this guidance, but it has  not yet established a schedule for completing it. However, this guidance  will not be based on an assessment of the relative risks of spills across all  facilities because EPA does not have such information.
Because EPA has incomplete information about which and how many  facilities are subject to the SPCC rule, the regional offices attempt to  identify SPCC facilities through a variety of indirect means and limited  information sources. For example, according to our survey, 9 out of 10  EPA regional offices reported that they use oil spill data from the National  Response Center (NRC) to identify regulated facilities and target them for  inspection. NRC data track the incidence of oil spills as they are reported  to NRC, but these data do not always associate spills with the specific  facilities where they originated or include detailed information about  those facilities. In addition, if any information is later collected on the  actual source or facility responsible for an oil spill, NRC does not update  its database. Consequently, NRC data generally can alert SPCC program  officials to the possibility that SPCC facilities may be in the area of a  reported spill rather than positively identifying any facilities as being  subject to the rule.
Nine out of 10 regional offices also reported using referrals from state  agencies or other institutions to identify SPCC facilities and target  inspections. For example, officials in EPA Region 3—which covers  Delaware, the District of Columbia, Maryland, Pennsylvania, Virginia, and  West Virginia—stated that, for the last 2 years, the region has requested all  the states in its region to provide a list of facilities that the states would  like inspected, and then incorporated these facilities into its inspection  planning for the fiscal year. The region then submits the list of facilities to  be inspected to the states for comment.
According to an EPA official, the agency’s reliance on incomplete spill  data and state referrals does not allow it to target facilities for inspection  on the basis of their relative spill risks. EPA officials told us that, to a  certain extent, the fact that they know about a facility at all—because of  past spills and state referrals—can be an indication that the facility poses a  relatively high risk. However, EPA does not have sufficient information to  determine with any certainty how the risks posed by these facilities  compare with those of other as yet unknown and not inspected SPCC- regulated facilities.
EPA regions have also used other strategies to both identify SPCC  facilities and target them for inspection. For example, Region 6 has  developed its own geographic information system (GIS)—the On-Scene  Coordinators Area Response System (OSCARS)—to identify facilities that  may pose a high risk of spills into or upon navigable waters and adjoining  shorelines. OSCARS provides regional inspectors with a graphics-based  tool that integrates basic geographic information with separate location- based data sets, such as the location of lakes, waterways, and roads with  industrial infrastructure, such as regulated facilities and pipelines. The  output from this tool can be used by officials to help identify and pinpoint  the location of facilities and prioritize their inspections based on potential  risk and other criteria. EPA officials told us that OSCARS may have some  outdated information because it is costly to update, but they considered  this an acceptable limitation. According to Region 6 officials, OSCARS has  allowed them to more effectively target problem sites and identify  egregious regulation violators. They consider OSCARS of particular  importance in Region 6, in which 116 counties contain a large proportion  of the nation’s petroleum facilities and exhibit high-risk characteristics  such as the potential to cause significant and substantial harm to the  environment or public health if a large release into or upon navigable  water occurs. In addition, according to Region 6 officials, all EPA regions  have the capability to develop GIS systems for SPCC- and FRP-regulated  facilities to respond promptly to an oil spill.
Some other EPA regions use certain other criteria to conduct as many  inspections as possible given resource constraints, as the following  examples show:    According to Region 5 and 8 officials, inspectors will visit a chosen  location and inspect as many facilities as they can in that area within a  week.
Region 3 officials stated that although the region inspects facilities in all  the states within their region, each fiscal year they perform more  inspections in Delaware and Maryland than in Virginia because of the  travel funding limitations.
Several EPA regional officials stated that they try to identify and target  additional facilities to inspect by, among other things, talking to the local  population, consulting the Internet and local Yellow Pages, or through  “drive-by sightings.”
None of the data sources that regional offices consult when trying to  identify and target facilities necessarily indicate that a facility is subject to  SPCC regulations. Regional officials stated that SPCC inspectors  sometimes identify and visit a facility, only to discover that the facility is  either not subject to the SPCC rule or, if it is a facility established after  2002, will not be subject to the regulations until July 2009. EPA officials  said that visits to non-SPCC facilities waste limited inspector time and  program resources. In contrast, if SPCC inspectors find that the facility is  subject to SPCC regulations, they can conduct a full inspection.
Recognizing the constraints on their ability to identify and effectively  target facilities for inspections, the regions also conduct outreach  activities to encourage compliance. To inform owners of facilities that may  be subject to SPCC regulations of their obligations, EPA regions we spoke  with devote substantial time to outreach activities. For example, Region 5  officials told us that an estimated 75 percent of their time spent on SPCC  activities is devoted to outreach and compliance assistance. These  activities include, among other things, attending seminars and educating  facility owners through regular mail, e-mails, and calls about SPCC  regulations. EPA officials hope that educating facility owners will lead to  more overall compliance, giving facility owners a chance to comply with  SPCC regulations on their own initiative rather than waiting until they  might be inspected and found out of compliance.
section_title: EPA’s New Database to Facilitate SPCC Program Implementation Has Limitations
paragraphs: EPA is launching a pilot SPCC/FRP national database that it hopes will be  more useful to regional managers in implementing the SPCC program than  existing data sources. The pilot database is essentially an expansion of the  database that EPA has maintained on about 4,100 FRP facilities. EPA  officials hope that a central database will make it easier to gather more  consistent facility information across regions and provide for more  efficient use of the regions’ time and resources. The expanded database  will include information from the following sources:    The Integrated Compliance Information System (ICIS). Since 2005, EPA  has required regional SPCC inspectors to record their inspections in ICIS,  a central database designed to track the number of inspection and  enforcement cases across several EPA programs. However, EPA officials  told us that ICIS is not particularly useful to program managers in  implementing the SPCC program. For example, ICIS records the initial  investigation and enforcement outcomes of investigation cases, but it does  not allow the user to track a facility’s progress in coming into compliance  after violations have been found. As a result, the regions’ use of ICIS is  largely limited to checking facilities’ inspection histories when considering  them for inspection, to determine if the facility has been inspected  previously and if it has a history of violations.
Regional databases. Most regional offices also maintain their own  program databases, in addition to ICIS, to track open SPCC cases and the  number of inspections. However, EPA officials told us that without a way  to know when an SPCC facility opens, closes, or makes changes, facility  information kept in these regional databases can quickly become out of  date after a case is closed.
The pilot SPCC/FRP national database is intended to provide regional  personnel with a nationally consistent platform to track facility status and  inspection information. The database fields include the facility’s name,  relevant program identification numbers, status, and location, including its  distance from navigable waters and whether it is subject to either SPCC or  FRP regulations. The database can sort information by these fields to  generate more descriptive reports than is possible with existing data  sources. As of October 2007, EPA had entered information on about 5,000  previously inspected SPCC facilities going back to 1987. The pilot national  database will also allow program managers to track open SPCC cases as  they progress.
According to an EPA official, in December, 2007 the pilot SPCC/FRP  national database was made available to regional managers for their  review and comment. EPA noted that this data consolidation effort is  ongoing and EPA officials have a tentative time frame of the end of 2008 to  implement the database nationally to the regions. Regardless of timing,  however, EPA officials acknowledge that this database will not help the  agency to further identify all SPCC-regulated facilities. However, EPA  intends to further evaluate how the database, and other program activities,  can more effectively target facilities for inspection.
section_title: EPA Has Neither Data Nor Performance Measures to Adequately Measure the SPCC Program’s Success
paragraphs: EPA’s limited data make it difficult for the agency to determine the extent  to which the SPCC program is achieving its goals. While EPA can  determine whether a facility is complying with SPCC requirements by  inspecting it, the agency inspects only a small portion of the total universe  of SPCC facilities—less than 1 percent of the estimated more than half a  million facilities per year. Consequently, the agency is limited in evaluating  the success of the SPCC program. Without data on the full regulated  community, EPA is unable to assess the program’s effectiveness in  preventing oil spills from the vast majority of the facilities subject to the  SPCC rule.
Even if EPA had the necessary data, it does not have the appropriate  performance measures in place to examine the extent to which the  program is meeting its goals. Currently, to evaluate the SPCC and FRP  programs, EPA uses two performance measures that focus on the level of  facility compliance: “the percent of inspected SPCC facilities in  compliance with the regulations at the time of inspection” and “the  percent of inspected FRP facilities in compliance with FRP regulations at  the time of inspection.” These measures were developed for SPCC as part  of a 2005 OMB program review. According to EPA officials, both EPA and  OMB recognized at the time that these measures on facility compliance do  not fully capture the effectiveness of the overall program in preventing oil  spills from regulated facilities into or upon U.S. navigable waters and  adjoining shorelines, and that improved measures should be developed.
EPA officials expressed concern about the appropriateness of using  performance measures that are focused on facility compliance levels.  First, according to these officials, regional program managers try to  identify and target facilities that present a large spill risk in an effort to  ensure spill prevention and therefore should not expect to see high rates  of facility compliance upon inspection because of the nature of these  facilities. Second, they told us that program managers are held  accountable for achieving the goals set in these “percent compliance”  measures in their performance reviews. Consequently, these officials are  concerned that the goal of compliance at the time of inspection might  steer regional offices away from inspecting the facilities that they believe  pose the highest risk of noncompliance in order to improve their  compliance rates.
As a result of concern over the current program measures, EPA initiated a  joint OEM/regional workgroup to develop revised measures for the SPCC  and FRP programs. OEM has committed to OMB to begin implementation  of the new program measures in fiscal year 2009.
section_title: States Report That Registration Requirements Lead to More Effective Tank Program Management and That Better EPA- State Coordination Efforts Would Be Beneficial
paragraphs: The six state tank programs we reviewed suggest a number of potential  options for improving the implementation of the SPCC program. Like the  SPCC program, the state programs we reviewed generally have the goal of  preventing and controlling oil spills. However, unlike the SPCC program,  the state programs all collect information on the status and location of all  tanks subject to their state regulations, according to state officials.  Furthermore, the six states use this information to periodically inspect all  of their regulated facilities. The states’ collection of tank data could  benefit the SPCC program, according to state officials, noting that better  coordination with the states could help identify and target SPCC facilities  for inspection and inform owners of SPCC-regulated facilities about  storage tank requirements.
subsections: section_title: Six States Obtain Data That Enable Them to Inspect the Full Universe of Their Regulated Tanks
paragraphs: The six states we contacted—Florida, Minnesota, Missouri, New Jersey,  New Mexico, and Virginia—have oil tank requirements and inspection  processes that differ in some respects from each others’ and from EPA’s.  Specifically, the type of regulated tanks or facilities may differ from those  subject to the SPCC rule. Table 3 summarizes the number and types of  tanks subject to regulation in the six states and key actions required by  these regulations.
While the six states have different requirements, they all collect data on  their entire regulated universe rather than on only a limited portion of the  total facilities, as EPA does. Except for Missouri, the states acquire this  information by requiring tank owners to register their tanks and provide  basic information on their facilities at the time they begin operations. The  five states with a registration process require facility owners to notify the  state of any changes to their facilities, including any changes in ownership,  construction of new tanks, or alterations to existing tanks. Furthermore,  officials from all five of these states said that inspectors check to ensure  that they have current and accurate information on each facility at the  time, or after, they conduct the inspection. Missouri does not use a  registration system to identify facilities for inspection, but state officials  told us that they obtain data on facilities by maintaining a strong  relationship with tank installers and petroleum suppliers, and some of the  facility owners voluntarily provide information to the state. According to a  state official, Missouri does not need a registration system because the  tank inspection program’s strong presence in the field allows it to inspect  all of the state’s 5,500 regulated facilities every 6 months.
The type of information collected through the registration process varies  by state but can include the facility’s ownership, location, storage  capacity, age, number of tanks, and the tanks’ construction, as well as the  facility’s history, such as any past inspections, violations, enforcement  actions, or reported discharges. According to state officials, the  information they obtain enables them to implement and manage their  storage tank programs effectively. In addition to requiring facilities to  submit basic tank and facility information, New Jersey requires tank  owners to develop and submit their plans for leak prevention and  emergency response to the state for review prior to becoming operational.
All of the states that we contacted compile facility information into central  databases that they can use to inspect a facility for the first time or to  follow up on a prior inspection. In addition, all of these states use their  databases to inspect their entire universe of regulated facilities, although  the frequency of these inspections varies by state, as table 3 shows.  Officials from Minnesota and New Jersey also stated that databases that  capture the full regulated universe play an important role in the success of  their inspection programs and that implementation would be difficult  without these data. However, because of different reporting requirements,  states may not have information on the full universe of SPCC-regulated  facilities that EPA needs.
section_title: State Officials Reported That a Closer State-EPA Working Relationship Could Benefit the SPCC Program
paragraphs: The extent to which EPA regions coordinate with the states in identifying,  targeting, and inspecting aboveground storage tank facilities, and ensuring  compliance, depends on the individual region. Some regions we contacted  told us they proactively contact the states as well as other federal and  local agencies for information, while other regions told us they have varied  or limited contact with the state tank programs in their region.
Region 8 officials told us that they have two staff members who focus on  building relationships with local fire departments and other first  responders to identify potential SPCC facilities and target them for  inspection. They often work with first responders when a spill occurs, and  may conduct an SPCC inspection after the immediate remediation efforts  are completed.
A Region 1 official credited that region’s success in identifying and  targeting SPCC-regulated facilities for inspection largely to the region’s  close work with state institutions and the U.S. Coast Guard.
Region 3 has a formal agreement—known as the Performance Partnership  Agreement—with Maryland, Pennsylvania, and Virginia to coordinate their  regulatory program activities, including the aboveground storage tank  programs. According to officials from both the EPA regional office and  Virginia, EPA routinely asks the state for a list of aboveground oil storage  tank facilities that may be of concern relating to the SPCC and FRP  regulations. In addition, EPA notifies Virginia state officials before  conducting inspections, issuing administrative orders, and initiating  litigation against facilities in that state. Finally, EPA Region 3 and Virginia  officials try to coordinate inspections of facilities of interest to both the  SPCC and the state’s programs and in some cases conduct joint  inspections, although these are limited because of the differences in the  SPCC and state regulations.
Region 5 officials told us that they often contact states in the region and  have asked officials in these states for lists of facilities they recommend  for inspections, invited those states with tank or oil programs to  accompany them on inspections, and copy them on correspondence with  facilities. Region 5 officials stated that they work more closely with states  in the region that do not have programs similar to SPCC.
Region 6 officials told us that they are in touch with the various state  agencies in their region but relationships will vary and are dependent on  the leadership and personnel of these agencies.
Region 7 officials stated that they do not regularly communicate with the  states in their region.
From the state perspective, officials in Florida, Minnesota, Missouri, New  Jersey, and New Mexico reported varying degrees of communication with  their respective EPA regional officials on coordinating activities, such as  identifying and targeting facilities for inspection and conducting  inspections. According to these state officials, this can range from  occasional discussions to no contact at all. For example, New Jersey  officials stated that they are in contact with their counterparts in EPA  Region 2 and share information on their regulated universes and are  invited by the region to participate in certain inspections. However,  although Region 5 officials stated that they often contact all the states in  their regions, including inviting those with tank programs to accompany  them on inspections, Minnesota officials stated that they have little or no  communication with EPA Region 5 aboveground storage tank officials.  They stated that they do not receive advance notification of when EPA  Region 5 plans to conduct SPCC inspections in their state and often learn  about an EPA inspection only after it takes place, when the region copies  the state on any compliance correspondence with the facility. In addition,  a Florida official stated that the EPA region does not contact the state  program about its SPCC program activities in the state, such as when it  conducts inspections or training. Officials in several states said that  further contact between their offices and EPA regions’ SPCC programs  could improve EPA’s identification and targeting of SPCC-regulated  facilities because the states have more detailed data on their regulated  community and have established relationships with the facility owners in  their states. For example, a Missouri official said that further coordination  between the SPCC program in Region 7 and Missouri’s inspection program  could be useful to the SPCC program because the state maintains close  ties with facility owners to be better aware of the regulated community.
Although EPA regions conduct outreach activities to educate facility  owners on their responsibilities under the SPCC regulations, officials in  several of the states we contacted told us that these efforts needed  improvement. Several of these officials stated that they find facility  owners are confused about the relationship between SPCC regulations and  state regulations. For example, Missouri officials told us that facility  owners want to comply with both state and SPCC regulations but they  often do not because the difference between the two types of regulations  is often confusing. Given this confusion, according to state officials,  coordinating federal and state outreach activities—such as educating  facility owners about SPCC and state regulations through seminars or  conferences—is important to provide the regulated community with more  complete and comprehensive information. State officials told us that  increased coordination by EPA regions with the states on outreach  activities, such as educating facility owners on the SPCC program and  state regulations, could benefit both the SPCC and state tank programs by  making these efforts more comprehensive. For example, a Minnesota  official told us that the state recently learned that EPA had held training  sessions with facility owners in Minnesota after they had occurred and  that the state would like EPA to contact them prior to any planned training  for the regulated community so that information on state aboveground  storage tank rules could be distributed at the same time. EPA Region 5  officials stated that the region has conducted workshops that included  state oil pollution programs, such as Minnesota’s, as well as other local  and federal partners. Recently, however, training sessions in Minnesota  were limited to those requested by trade groups.
State officials also noted that outreach efforts in their state programs have  contributed to better compliance. According to state officials, working  closely with facility owners maximizes compliance and minimizes the  need for legal actions. For example, a Missouri official told us that the  state program has between 10 and 50 active enforcement cases ongoing on  any given day. However, he said the state has imposed penalties only five  or six times over the last 20 years because working with facility owners  helps to eliminate the need for formal penalties. Similarly, Florida tries to  work collaboratively with facility owners to gain compliance. Florida’s  program is relatively decentralized; the state contracts with the counties to  conduct inspections. A Florida state official told us that county-level  inspectors are well equipped to identify violators and use their  relationships to gain compliance because they live in the same  communities they are inspecting.
section_title: Conclusions
paragraphs: Leaking aboveground storage tanks can contaminate soil and waterways  and threaten human health and the environment before the leaks are  identified and stopped. However, EPA has identified and inspected only a  small portion of the more than 500,000 facilities it estimates are subject to  the SPCC rule, and when it inspects these facilities, it often finds them out  of compliance. EPA’s current method of identifying facilities subject to the  SPCC rule—through referrals, the Yellow Pages, and Internet searches— does not allow the agency to use its limited resources effectively to  identify facilities most at risk of leaking oil. Without more comprehensive  data on the universe of facilities that are subject to the SPCC rule, EPA  cannot employ a risk-based approach to target its SPCC inspections to  those facilities that pose the greatest risks of oil spills into or upon U.S.  navigable waters and adjoining shorelines. Similarly, incomplete  information on the universe of SPCC facilities prevents EPA from  determining whether and to what extent the SPCC program is achieving its  goals. But even with the needed data, EPA will be unable to measure the  program’s success unless and until it develops reliable performance goals.  While EPA may have forgone developing such measures because the data  for them were unavailable, effective program management requires that  the two aspects—data and measures—be developed in tandem.
EPA may have a number of options for filling this data gap. One such  approach would be to initiate a facility registration program, similar to  that of some states we contacted. While the details might vary, this  approach would, in its basic form, require that facilities that meet the  criteria of the SPCC rule report that fact to EPA, along with other basic  facility and tank information. While this mechanism would likely involve  some costs to both EPA and the individual facilities, it would also increase  the agency’s knowledge of the SPCC universe and allow it to better target  its inspection resources on the basis of the relative risks posed by the  facilities, which may outweigh the increased costs. There may also be  other options available to EPA to expand its knowledge of the SPCC  universe at a lower cost and that may be worth the agency exploring.
Greater coordination with states may also help EPA to fill its SPCC data  gap. As noted, primarily through their registration processes, some states  have what they consider to be very comprehensive data on the oil storage  facilities that they regulate, including some that may be SPCC facilities.  Either with or without a registration process or some other information- gathering mechanism, greater coordination with states that have  inspection programs comparable to EPA’s SPCC program could help to  expand EPA’s knowledge base on SPCC facilities and provide a more  informed basis for targeting limited inspection resources. However, given  the variation that we found in regional office-state interactions, without  uniform guidance for EPA regional offices on how to better communicate  and coordinate with states on SPCC-related issues, EPA may not be able to  take full advantage of this opportunity to gain information that may be  critical for achieving the SPCC program’s goals.
section_title: Recommendations for Executive Action
paragraphs: To better identify and target SPCC facilities for inspection, we recommend  that the Administrator of EPA direct the Office of Emergency Management  to take the following two actions:    analyze the costs and benefits of the options available to EPA for  obtaining key data about the universe of SPCC-regulated facilities,  including, among others, a tank registration program similar to those  employed by some states, which would require tank owners to report to  EPA, on a regular basis, facility information such as the number of  facilities and tanks, their size, age, location, quality of construction, and  methods of operation and in conjunction with states that have oil spill prevention programs, develop  uniform guidance for EPA regional offices on how to better communicate  and coordinate with those states on SPCC-related issues.
In addition, to assess the effectiveness of the SPCC program, we  recommend that the Administrator, EPA, direct the Office of Emergency  Management to complete, in a timely manner, the development of  performance measures and obtain the data needed to determine the extent  to which the program is achieving its goals of preventing and controlling  oil spills.
section_title: Agency Comments and Our Evaluation
paragraphs: GAO provided EPA with a draft of this report for its review and comment.  The agency stated that it generally agreed with the recommendations in  the report and that the report provided a good, comprehensive picture of a  portion of the oil spill program implemented by EPA’s Office of  Emergency Management. With regard to our recommendation that EPA  finish developing performance measures and obtain the data needed to  evaluate SPCC program effectiveness, the agency noted—as we  acknowledge in the report—that EPA has already initiated work to  develop such measures and that the feedback the report provides will help  to further shape the agency’s actions in this regard. Beyond agreeing with  our other two recommendations, EPA did not comment on them.
EPA also provided technical comments on the draft report, which we have  incorporated as appropriate. The full text of EPA’s comments is included  as appendix III.
As agreed with your offices, unless you publicly announce the contents of  this report earlier, we plan no further distribution until 30 days from the  report date. At that time, we will send copies to the Administrator, EPA,  and other interested parties. We will also make copies available to others  upon request. In addition, the report will be available at no charge on the  GAO Web site at http://www.gao.gov If you or your staff have any questions about this report, please contact me  at (202) 512-3841 or stephensonj@gao.gov. Contact points for our Offices  of Congressional Relations and Public Affairs may be found on the last  page of this report. Key contributors to this report are listed in appendix  IV.
section_title: Appendix I: Objectives, Scope and Methodology
paragraphs: To determine how the Environmental Protection Agency (EPA) regions  implement the Spill Prevention, Control, and Countermeasure (SPCC)  program, we spoke with EPA headquarters on the overall management of  the program, including the organizational structure, formulation and  implementation of the SPCC rule and amendments, training of staff on the  rule, funds allocated to the program, enforcement policy, and  headquarters’ interaction and coordination with the EPA regions that  implement the program. To determine what data EPA officials have  available to implement the SPCC program, we spoke with EPA region  officials to determine the agency’s data sources for identifying facilities  and targeting them for inspection, and for enforcing SPCC regulations;  how the agency uses the data; and the data’s overall limitations. To obtain  this information, we visited EPA Regions 3, 5, and 6 because they  conducted the most inspections of all the EPA regions over a 3-year period  and to achieve geographical diversity. We visited an SPCC facility in each  of these regions with EPA officials to observe how SPCC inspectors  conduct their work.
To obtain information on both how the program is implemented and what  data sources the agency uses, we conducted a survey of SPCC program  officials in all 10 EPA regions. In this survey, we sought to determine,  among other things, how the regions identify and target facilities to  inspect, the number of inspections each region has conducted in recent  years, how much training an SPCC inspector receives, and the number of  those inspected facilities that complied with SPCC regulations and, for  those that did not comply, the number and type of enforcement actions  taken. On November 30, 2006, we e-mailed the survey with a cover letter to  officials in the 10 regions that were primarily responsible for day-to-day  management and implementation of SPCC requirements. We also issued  an addendum to each region on December 5, 2006, when it was brought to  our attention that two questions in the survey regarding the training of  inspection staff posed some confusion. Completed surveys were received  by December 18, 2006. To supplement the survey and to elaborate on  survey responses, in addition to the three regions we visited, we followed  up by telephone with four regions—1, 2, 7, and 8. The calls helped us  obtain more specific examples of how EPA regions identify and target  SPCC facilities for inspection. A copy of our survey used in this review is  in appendix II. It includes the aggregate responses to the survey and  summaries of open-ended questions from all 10 EPA regions, when  appropriate. The practical difficulties of conducting any survey may  introduce errors, commonly referred to as nonsampling errors. For  example, respondents may have difficulty in interpreting a particular  question or may lack information necessary to provide a valid and reliable  response. In order to minimize these errors, we conducted a pretest of the  draft survey with two EPA regions—4 and 8—over the telephone. We  made changes to the content and format of the survey after this review  based on the feedback we received.
To understand the nature of states’ aboveground oil storage tank programs  and how they are implemented, to identify potential options that might be  applied to EPA’s program, and to learn about any coordination between  these states’ programs and EPA’s SPCC program, we first reviewed the  Aboveground Storage Tank Guide, Vols. I and II, by the Thompson  Publishing Group, which includes a comprehensive section on individual  state aboveground storage tank regulations. We found that although many  states regulate aboveground storage tanks in a piecemeal fashion through  various state statutes, including adopted versions of uniform fire codes,  such as the Uniform Fire Safety Standards, the International Fire Code,  and the National Fire Protection Association’s code, some states have  developed comprehensive regulatory programs. After our analysis of this  information, we spoke with the Association of State and Territorial Solid  Waste Management Officials (ASTSWMO) and other state officials who  recommended we speak to several states that they considered to have  well-run aboveground storage tank programs. We then selected our states  based on these recommendations, as well as geographical considerations  such as whether the states were in diverse areas of the United States. We  also limited our selection to one state each for a particular EPA region. We  then interviewed officials from aboveground oil storage tank inspection  programs in six states—Florida, Minnesota, Missouri, New Jersey, New  Mexico, and Virginia.
We conducted this performance audit between August 2007 and April 2008  in accordance with generally accepted government auditing standards.  Those standards require that we plan and perform the audit to obtain  sufficient, appropriate evidence to provide a reasonable basis for our  findings and conclusions based on our audit objectives. We believe that  the evidence obtained provides a reasonable basis for our findings and  conclusions based on our audit objectives.
section_title: Appendix II: Summary of EPA Regional Survey Results
paragraphs: The following information includes the aggregate responses and, when  appropriate, summaries of answers to open-ended questions from our  survey of 10 EPA regional offices on how the SPCC program is  implemented and the data sources the agency uses. We also followed up  with officials from several regional offices to clarify some of their survey  responses.
subsections: section_title: Section 1–Facilities Inspected
paragraphs: 1.  Did your region document the number of facilities that were  inspected for compliance with Spill Prevention, Control, and  Countermeasures (SPCC) regulations in the following federal  fiscal years?   2.  Can your region separately account for facilities inspected for  compliance with SPCC and with FRP?
0  SKIP to question 11.
3.  How many facilities in your region were inspected for  compliance with SPCC regulations in each of the following  federal fiscal years? Please count each facility once in a given year,  regardless of the number of times it was inspected in that year.
4.  Of the total number of facilities inspected in each of the  following federal fiscal years how many if any were in full  compliance with all SPCC requirements at the time of  inspection?  5.  Of the total number of facilities inspected in each of the  following federal fiscal years, how many were not in full  compliance with all SPCC requirements at the time of  inspection?  6.  Of the total number of facilities that were not in full  compliance at the time of inspection, how many were issued an  Expedited Settlement Agreement (ESA)? For this question,  please consider an ESA to be a mechanism used by EPA to address a  facility’s compliance shortcomings with reduced fines.
7.  Of the total number of facilities that were not in full  compliance at the time of inspection, against how many did EPA  apply traditional enforcement mechanisms (that is, taking legal  action)?  8.  Of the total number of facilities that were not in full  compliance at the time of inspection in FY 2006, for how many  facilities has EPA not determined the final enforcement action  it will take?
subsections: section_title: Data Accuracy
paragraphs: Government auditing standards require that GAO assess the accuracy of  data we use in our reports. Your responses to the following questions  will be used to help us correctly interpret the information you have  provided in questions 3–8.  9.  Are there circumstances in which an inspected facility would be  counted more than once in your responses to questions 3–8?
1  Please explain these circumstances in the space below.  9 (3 elaborations)
We received one “yes” response to this question, from Region 7. Region 7  said that an inspection could be counted twice if it was entered into its  data system with different facility ID numbers. We do not know how  common it estimates this mistake to be or if there is any systematic reason  that this mistake would be made.
We received three “no” response clarifications to this question, from  Regions 1, 2, and 4. Region 2 stated that the term “inspections” for this  survey is being interpreted as a Field Inspection, not SPCC Plan Reviews  conducted without a Field Inspection and that this interpretation will  reduce the amount of double counts for a facility. Region 4 stated that it  conducted 168 inspections in fiscal year 2006 and that it counted 166  inspections total per the GAO survey instructions provided in Question 3,  since two facilities were inspected twice in the same year. Region 1 stated  “With exception, as Questions 4 and 5 are subsets of Question 3, and  Questions 6 thru 8 are subsets of Question 5.”  10. Are there circumstances in which an inspected facility would  not be counted at all in your responses to questions 3–8?
4  Please explain these circumstances in the space below.
We received four “yes” response elaborations from this question, from  Regions 1, 3, 7, and 10. We received no elaborations from “no” responses.
EPA Region 1 clarified that legal actions were included in Question 8,  rather than Question 7, per a follow-up conversation with Region 1  officials. These actions may be administrative orders or Clean Water Act  Section 308 Information Requests. EPA Region 3 officials stated that in  fiscal year 2006, they discontinued counting inspections that were  conducted in conjunction with the Underground Injection Control  program. This reduces their number of reported inspections. EPA Region 7  responded that an inspection would not be counted if it failed to enter it  into the data system. Region 7 also stated that some inspections had not  been counted because the inspector has not been able to complete the  inspection reports due to extended family friendly leave. Region 10  clarified that facilities that were determined not to be subject to SPCC  regulations were counted as an inspection, but were not counted in any  other section of the report. In some cases, facilities that were found not to  be subject may explain the difference between the number of inspections  and those found to be in compliance or noncompliance.
section_title: Section 2–Number of Individuals Inspecting Facilities
paragraphs: We would like information on the individuals available to conduct  inspections of facilities for compliance with SPCC. We would like to know  who is trained to conduct inspections and the types of inspections these  individuals have performed in fiscal year 2006. We understand that that  not all inspectors may have completed the 40-hour SPCC/FRP specific  training.  11. For federal fiscal year 2006, did your region document the  number of individuals who inspected at least one facility for  compliance with SPCC regulations?
0  SKIP to question 20.
12. How many individuals inspected at least one facility for  compliance with SPCC regulations in your region in FY 2006?  13. Of the individuals who inspected at least one facility for  compliance with SPCC regulations in FY 2006, how many  completed each of the following types of SPCC training?
Completed only Basic Inspector/Health and Safety training   Completed only 40-hour program specific SPCC/FRP training  Completed both Basic Inspector/Health and Safety and 40-hour  program specific training  Completed only 8- hour or 12-hour program specific SPCC/FRP  training………………………...
Completed both Basic Inspector/Health and Safety training and 8- hour or 12-hour program specific SPCC/FRP  training………………………………………..
Completed none of the Basic Inspector/Health and Safety training  nor any program specific SPCC/FRP training (40-, 12- or 8-hour  training sessions)
Total (from question 12)
14. Of individuals who did not inspect at least one facility for  compliance with SPCC regulations in FY 2006, how many  completed each of the following types of SPCC training?
Completed only Basic Inspector/Health and Safety training   Completed only 40-hour program specific SPCC/FRP training  Completed both Basic Inspector/Health and Safety and 40-hour  program specific training  Completed only 8- hour or12-hour program specific SPCC/FRP  training………………………...
Completed both Basic Inspector/Health and Safety training and 8- hour or 12-hour program specific SPCC/FRP  training………………………………………..
Completed none of the Basic Inspector/Health and Safety training  nor any program specific SPCC/FRP training (40-, 12- or 8-hour  training sessions)
15. Of the total number of individuals who inspected at least one  facility in FY 2006, how many are employees of each of the  following organizations? The total should equal the number of  individuals entered for question 12.
Other (Please specify: _________________)
Total (from question 12)
16. Of the total number of individuals who inspected at least one  facility in FY 2006, how many conduct inspections for only  SPCC/FRP regulations and how many conduct inspections for  both SPCC/FRP and other environmental regulations? The total  should equal the number of individuals entered for question 12.
Conduct inspections for only SPCC/FRP regulations  Conduct inspections for both SPCC/FRP and other  environmental regulations  Total (from question 12)
17. Of the total number of individuals who inspected at least one  facility in FY 2006, how many spent the following fractions of  their time on activities related to SPCC? The total should equal  the number of individuals entered for question 12. In calculating  your responses, please consider all SPCC-related activities,  including planning for inspections, conducting outreach to  facilities, visiting facilities, and documenting inspection results.
Less than 25% of their time  Between 25% and 50% of their time  Between 50% and 75% of their time  More than 75% of their time  Total (from question 12)
subsections: section_title: Data Accuracy
paragraphs: Government auditing standards require that GAO assess the accuracy of  data we use in our reports. Your responses to the following questions  will be used to help us correctly interpret the information you have  provided in questions 12–17.  18. Are there circumstances in which an inspector might be double- counted in your responses to questions 12–17?
0  Please explain these circumstances in the space below.
19. Are there circumstances in which an inspector might be  mistakenly excluded from your responses to questions 12–17?
2  Please explain these circumstances in the space below.
We received “yes” responses and elaborations to this question from Region  3 and Region 7. Region 3 responded that “multimedia” inspectors who  reside in the Office of Enforcement, Compliance, and Environmental  Justice are not counted in the numbers presented here. They receive no  compensation, nor are their inspections recorded by EPA headquarters.  Region 7 responded that it did not include a contractor that conducted two  multimedia inspections, which included SPCC, in answering Questions 13  and 14. Inspectors not involved in the SPCC program were not included in  the response to Question 14.
section_title: Section 3–Selecting Facilities for Inspection
paragraphs: 20. Does your region use written criteria to select facilities for  inspection?
6  Please send us a copy of these criteria.  4  SKIP to question 25.
21. In what year did your region develop these criteria?  22. How often does your region re-evaluate these criteria?
Of the six regions that reported having written inspection criteria, four  said that they evaluate their criteria at least annually (Regions 3, 4, 8, and  9). Region 6 stated that its criteria are evaluated regularly, as conditions  warrant. Region 2 stated that evaluation of which facilities to target is an  ongoing process, done informally among the three staff members involved.  23. What process did your region use to develop these criteria?
Regions briefly described processes that involve consulting a number of  sources: staff, states, SPCC coordinators, etc., to set the priorities for  targeting facilities. Region 4 said that formal mechanisms for targeting  SPCC facilities have only been in place in recent years, but informally, the  mechanisms have been in places for longer. Region 6 described the criteria  used in its geographic information system (GIS) selection system.  24. What data do these criteria require in order to be used to select  facilities for inspection?
The regions described a variety of data sources: National Response Center  (NRC) spill reports, other spill data, previous SPCC inspection checklists,  enforcement priorities, GIS mapping data, facility history, etc. Region 2  said that state data can be of some use, but they do not correspond exactly  to SPCC data.  25. Does your region have a list of facilities that it planned to  inspect in FY 2006?
8  Please submit a copy of this list.  2  SKIP to question 30.
26. How many facilities were on your region’s originally planned  list in federal fiscal year 2006?
Number of facilities: 718-818  27. How many of these facilities did your region actually inspect  during federal fiscal year 2006?
Number of facilities: 607  28. What are the stages of the planning process that your region  uses to select facilities for inspection?
Eight of 10 regions gave written responses to this question. Responses  reflect a variety of priorities in targeting facilities, but some common  priorities are present: need of the state and spill histories is mentioned  by a few regions.  29. What sources of data or information does your region use at  each of these stages?
Eight of 10 regions gave written responses to this question. Regions  mention a variety of data sources: state data, Internet sites, and spill  data. The responses generally do not tie specific data with specific  stages in the facility targeting process.  30. In your region’s decisions about which facilities to inspect for  compliance with SPCC regulations, how important are each of  the following criteria? Please check one response in each row.
Region  received  news reports  suggesting  non- compliance at  a facility   Other (Please  specify:  ___________ ________)
section_title: Section 4–Number of Facilities Regulated
paragraphs: 31. Does your region have a database of the total number of  facilities that are subject to compliance with SPCC regulations  in your region?
10  SKIP to question 34.
32. What is the source of these data?
Three regions gave written responses to this question. Regions 3, 4,  and 6 responded, saying that they do not have data on the universe of  SPCC-regulated facilities.  33. How accurately do these data capture the total number of  facilities subject to SPCC regulations in your region?
Regions 3 and 6 gave responses to these questions. Both regions  clarified that their databases do not fully capture the universe of  regulated facilities. Region 6 said that it has found the general  accuracy of its database to be less than 50 percent.
section_title: Section 5 – Number of Oil Spills
paragraphs: 34. In federal fiscal year 2006, did your region use oil spill data  from the U.S. Coast Guard’s National Response Center to  manage the SPCC program in your region?
1  SKIP to question 36.
35. How accurately do the NRC data capture the total number of  facilities subject to SPCC regulations in your region?
Nine out of 10 regions responded to this question. Regions listed the  flaws of NRC data. NRC only includes spill incidence, rather than the  SPCC universe, and it is not always possible to trace the spill to its  source.  36. In federal fiscal year 2006, did your region use oil spill data  from state databases to manage the SPCC program in your  region?
2  Which states? (See Below)  10  SKIP to question 38.
37. How accurately do these state data capture the total number of  facilities subject to SPCC regulations in your region?
Region 9: California. Region 9 says that California data are “Better than  NRC, but still very little.” Region 6: Texas and Oklahoma. Region 6  says that state databases “have not been designed for determining  SPCC inventories. However, they may include locational attributes  which help identify potential SPCC facilities.”  38. In federal fiscal year 2006, did your region use oil spill data  from other sources to manage the SPCC program in your  region?
3  What sources?  7  SKIP to question 40.
39. How accurately does this data from other sources capture the  total number of facilities subject to SPCC regulations in your  region?
Regions 1, 2, and 10 were the only regions that used other data and  responded to this question. These regions said that their other data  sources were from states, and that these data sources do not capture  the regulated facilities. They only track complaints or spills and not the  regulated universe.  40. Can any of the spill data used in your region be broken out for  particular industrial category in any particular year?
3  Which data?  7  SKIP to question 42.
41.  Can any of the spill data used in your region be broken out for  particular years?
6  Which data?
section_title: Section 6– Coordination with State Oil Programs
paragraphs: We are interested in identifying the extent EPA regions cooperate with  states on oil spill prevention-related activities and regulations. We plan to  meet with officials in at least two states in order to describe how these  states and EPA cooperate in evaluating and implementing SPCC  requirements.   42. What is the contact information for oil spill prevention-related  activities and regulations in each of the states in your region?
Contact information provided by the regions is not included.
43. Please describe the relevant oil spill prevention-related  activities and regulations in each of the states in your region.
The answers to this open-ended question are not included.
44. Do the states in your region have a system to register facilities  that are subject to oil spill regulations?
A total of 16 states were reported by EPA regions as having a system to  register facilities subject to oil spill regulations.
section_title: Section 7–Regional Organization
paragraphs: 45. In what month and year did the last reorganization that  effected SPCC functions in your region take place?
Month:_________________  Year:   _________________  The answers to this question are not included.
section_title: Section 8–Final Comments
paragraphs: 46. Please provide any additional comments you’d like us to  consider in our review.
The answers to this question are not included.  47. Please attach copies of each of the following when submitting  your response to us:  1.  List of facilities that the region inspected in fiscal year 2006,  including the following information on each facility:    Whether or not the facility was in full compliance with SPCC  regulations at the time of inspection;   Whether EPA issued the facility an ESA;    Whether or not EPA has taken legal action against the facility;    The amount of fines, if any, levied against this facility  2.  Written criteria used to select facilities for SPCC inspections (see  question 20)  3.  List of facilities that region planned to inspect in fiscal year 2006  (see question 25)  4.  Documentation to support answers in Section 5 regarding oil spill  databases, such as spreadsheets or descriptions of databases in  which these data may be housed  5.  An annotated organizational chart of your region explaining where  all SPCC-related staff are located, including (but not limited to)  inspectors, enforcement, data, and legal staff  The information received from the regions that GAO requested is not  included.
section_title: Appendix III: Comments from the Environmental Protection Agency
section_title: Appendix IV: GAO Contact and Staff Acknowledgments
paragraphs: John B. Stephenson, (202) 512-3841, stephensonj@gao.gov.
subsections: section_title: Staff Acknowledgments
paragraphs: In addition to the individual named above, Vincent P. Price, Assistant  Director; Kevin Bray; Mark Braza; Greg Carroll; Bernice H. Dawson; Mary  Robison; and Carol Herrnstadt Shulman made key contributions to this  report.