EPA Extends SPCC Compliance Dates

In a final rule effective February 5, 2009, the Environmental Protection Agency (EPA) extended the compliance dates for all facilities and established new compliance dates for farms subject to the Spill Prevention, Control, and Countermeasure (SPCC) rule. This amendment extends the dates by which the owner or operator of an SPCC regulated facility must prepare or amend and implement its SPCC plan, and also establishes the dates by which the owner or operator of a farm must prepare or amend and implement its SPCC Plan.

These amendments do not remove any regulatory requirement for owners or operators of facilities in operation before August 16, 2002, to develop, implement, and maintain an SPCC plan in accordance with the SPCC regulations then in effect. Such facilities continue to be required to maintain their plans during the interim until the applicable date for revising and implementing their plans under the new amendments.

EPA’s final rule completes the revisions proposed by the agency in October 2007 and is available, along with a summary of the revisions, at www.epa.gov/emergencies/content/spcc/index.htm.

Bottom Line for Renderers

Most renderers with more than 10,000 gallons of animal fat/vegetable oil (AFVO) storage will be required to comply with the SPCC rule as it currently stands. For these plants, SPCC plans must now be written and implemented by November 20, 2009, rather than July 1, 2009.

“Qualified” facilities have until November 20, 2013, and are categorized as follows:

• those facilities that have an aggregate aboveground oil storage capacity of 10,000 U.S. gallons or less; and

• have had no single discharge as described in section 112.1(b) exceeding 1,000 U.S. gallons, or no two discharges as described in section 112.1(b) each exceeding 42 U.S. gallons within any 12 month period in the three years prior to the SPCC plan certification date.

A few points of interest for the rendering industry:

EPA came up with a compliance alternative for certain AFVO storage containers subject to FDA’s good manufacturing practice rules. Owners of AFVO containers would be allowed to use industry standards for visual inspection rather than meeting the otherwise-applicable SPCC integrity testing requirements, provided the containers are elevated, stainless steel, non-insulated, and shop built.

• The final rule modifies the SPCC program’s general secondary containment provision to clarify that the method, design, and capacity of secondary containment need only address typical failure modes and most likely quantities of oil discharged, and that both active and passive secondary containment measures are permitted.

April 2009 RENDER | back