Draper Energy Fined by EPA for SPCC Violations

Posted Wednesday, October 3, 2007

Draper Energy Fined by EPA
Failed to Plan for and Guard against Oil Spills
By Peter Bragdon
Milford Observer Publisher

Draper Energy Company, the Wilton-based oil and gas company with a storage and distribution facility on Nashua Street in Milford, has been fined $9,045 by the EPA, resolving an issue first reported in the Milford Observer in June. At the time, Draper was accused of failing to plan for and guard against oil spills at its Wilton and Milford facilities, as required by the federal Clean Water Act (CWA). The company faced a maximum fine of $150,000.

The CWA fines stem from a complaint filed by the EPA's New England Office that Draper Energy failed to prepare a Spill Prevention, Control, and Countermeasure (SPCC) plan for its Wilton facility and failed to fully implement its SPCC plan for the Milford facility. At its Wilton facility, according to the EPA, Draper Energy "failed to construct sufficiently impervious secondary containment around its oil storage containers" and failed to keep records of container inspections and staff training. In Milford, it is alleged that Draper Energy did not fully implement the SPCC plan by, "failing to promptly correct visible oil discharges caused by leaking pumps and worn tank manhole seals and failing to secure unlocked pump starter controls," and that the company failed to maintain records of formal facility inspections and staff training at the location.

In June, the EPA described the Milford facility as a "sensitive location" since it stores gasoline and is within the well radius of Town of Milford's drinking water supply. Spills at the facility could lead to the contamination of a public drinking water aquifer, according to the EPA. “Oil spills can do significant damage to the environment, including to neighboring drinking water wells and public drinking water supplies,” said Robert W. Varney, Regional Administrator of EPA's New England office at the time. “EPA will continue to ensure that facilities handling oils must follow established procedures to minimize risks of oil spills.”

It is still unclear whether or not further action will be pursued against the company for allegedly failing to file chemical inventory forms with local and state emergency planning authorities, as required by the federal Emergency Planning and Community Right to Know Act (EPCRA). According to EPCRA, any facility that stores greater than 10,000 gallons of gasoline or oil is required to properly notify state and local authorities about the storage of these products so they can properly prepare for accidents or releases from the facility. Draper had been facing fines of up to $32,500 per day for the EPCRA violations.