ON JULY 24, 2007, AN AUTHORIZED REPRESENTATIVE OF EPA, CONDUCTED A SPCC INSPECTION AT NOANK SHIPYARD, ALTHOUGH NOANK SHIPYARD STORES OIL IN AMOUNTS ABOVE THE THRESHOLDS REQUIRING THE PREPARATION AND IMPLEMENTATION OF A SPCC PLAN UNDER 40 C.F.R. PART 112, IT DID NOT HAVE AN ADEQUATE SPCC PLAN. BECAUSE OF THE SIZE OF THE FACILIITES AND OTHER FACTORS, EPA IS UTILIZING THE ESA ENFORCEMENT TOOL.