SPCC Plan Regulations Update
(Proposed Rule Would Extend Deadlines by 12 Months)
The Environmental Protection Agency (EPA) issued a final rule on July 17th, 2002 that amended the Oil Pollution Prevention regulation promulgated under the authority of the Federal Water Pollution Control Act (Clean Water Act). This rule addresses requirements for Spill Prevention, Control and Countermeasure Plans (SPCC Plans) and some provisions may also affect Facility Response Plans (FRPs). The final SPCC rule, which became effective on August 16, 2002, addresses revisions proposed by EPA in 1991, 1993 and 1997.
EPA is now proposing to extend, by 12 months, certain upcoming compliance dates for the July 2002 SPCC amendments. This extension follows a previous 18-month extension announced on April 17, 2003 (PDF, 96K, 5 pages). In light of a recent partial settlement of litigation involving the July 2002 amendments, EPA is proposing the extension to, among other reasons, provide sufficient time for the regulated community to undertake the actions necessary to prepare and update their plans. The proposed extension is also intended to alleviate the need for individual extension requests. The new proposed compliance dates are August 17, 2005, to amend an existing SPCC Plan, and February 18, 2006, to implement the Plan. EPA will also issue a proposed rule extending by an additional two years the compliance deadline for certain smaller facilities.
Affected facilities that start operations between August 16, 2002 and February 18, 2006, must prepare and implement an SPCC Plan by February 18, 2006,. Affected facilities that become operational after February 18, 2006 must prepare and implement an SPCC Plan before starting operations. Follow this link for a notice in the June 17, 2004 Federal Register regarding the proposed rule to extend SPCC compliance dates: http://www.epa.gov/oilspill/
pdfs/fr061704.pdf
The SPCC rule applies to owners or operators of facilities that drill, produce, gather, store, use, process, refine, transfer, distribute, or consume "oil" and oil products. The term "oil" is defined broadly for purposes of the CWA and the SPCC Rules. For example, the term "oil" includes materials such as fats and vegetable oils.
The changes to the rule clarify applicability to owners or operators that use oil. The changes also allow for tracking the scope of the rule to conform with the expanded jurisdiction of the amended CWA. The broadened range includes waters of the contiguous zone, as well as waters affecting certain natural resources of the United States.
There were many reasons for the final changes. First, the final changes stem from EPA's need to clarify the language and organization of the rule. The changes comply with the Presidential order requiring that all new rules or rule amendments be drafted in plain language.
EPA claims the changes will reduce the information collection burden on the regulated community. The SPCC changes are designed to reduce the regulatory burden by approximately 40 percent. The changes will eliminate duplicate regulation, exempt certain small facilities, exempt most wastewater treatment facilities, and require consideration of industry standards in prevention plans.
The final rule also allows an owner or operator to substitute a required measure for another providing equivalent environmental protection, with the exception of secondary containment requirements. The number of facilities now regulated by the SPCC rule has been reduced by about 55,000 as a result of the changes.
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SPCC Plan Regulations Update
(Proposed Rule Would Extend Deadlines by 12 Months)
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