The Environmental Protection Agency (EPA) has issued a final rule to extend the compliance dates for facilities affected by the Oil Spill Prevention, Control, and Countermeasure (SPCC) regulations. EPA has extended the compliance dates in order to provide the time necessary for the regulated community to comply with the revised requirements that EPA expects to propose in 2007.
For facilities (other than a farm) that started operations on or before August 16, 2002, the facility must maintain its existing SPCC plan and amend and implement the plan no later than July 1, 2009. If the facility began operations after August 16, 2002 through July 1, 2009, it must prepare and implement an SPCC plan no later than July 1, 2009. If the facility starts operations after July 1, 2009, it must prepare and implement an SPCC plan before beginning operations. EPA has not yet put out a rule specific to farms.
The new SPCC rule applies to any facility that uses oil (facility can be as small as a tank) with total aboveground storage greater than 1,320 gallons. Containers greater than 55 gallons, storage capacity in oil-filled electrical, operating, or manufacturing equipment (e.g., transformers), and partially buried and bunkered tanks count towards the total capacity. Facilities subject to the rule must prepare and implement an SPCC rule to prevent any discharge of oil into or upon navigable waters of the United States or adjoining shorelines.
EPA is in the “deliberative data gathering state” of developing what they call “SPCC2,” which has the potential of differentiated requirements for farms and facilities handing animal fats or vegetable oils.
Information about the EPA Oil Program and the SPCC regulation is available at http://epa.gov/oilspill.
June 2007 Render