RM Packer, Inc. operates a petroleum storage and distribution facility located on Vineyard Haven, Massachusetts. An October 28, 2004 EPA inspection revealed that the facility did not have a compliant SPCC plan nor adequate containment for its tanks and loading rack, and was located directly adjacent to Vineyard Sound Harbor, thereby presenting a threat of spill into a navigable water. RM Packer submitted a schedule of upgrades to achieve compliance, but has consistently lagged behind its project time-line. Despite of an administrative order, as well as numerous written correspondence, and telephone calls to RM Packer representatives, the facility remains behind in upgrading noncompliant oil storage systems or alternatively removing off-site or permanently securing on-site its oil storage tanks so that no threat of future oil discharge exists. EPA has filed an administrative penalty action seeking penalties of up to the statutory maximum of $157,500 for the violation.