ON JUNE 16, 2010, AN AUTHORIZED REPRESENTATIVE OF EPA, CONDUCTED AN SPCC INSPECTION AT SHELBURNE SHIPYARD INC. ALTHOUGH SHELBURNE SHIPYARD INC STORES OIL IN AMOUNTS ABOVE THE THRESHOLD REQUIRING THE PREPARATION AND IMPLEMENTATION OF A SPCC PLAN UNDER 40 C.F.R. PART 112, IT DID NOT HAE AN ADEQUATE SPCC PLAN. BECAUSE OF THE SIZE OF THE FACILITY AND OTHER FACTORS, EPA IS UTILIZING THE ESA ENFORCEMENT TOOL.