SPCC Compliance Deadline Extended For Some Facilities

US EPA is extending the compliance date by 1 year for certain facilities subject to recent amendments to the Spill Prevention Control and Countermeasure (SPCC) rule. The agency has also announced that some facilities will not be eligible for the one year extension and will have to comply by the current date of November 10, 2010.

Last year, EPA amended the SPCC rule and regulated facilities are required to amend and implement these changes as part of their overall SPCC plans. Types of facilities not eligible for the extension must comply by November 10, 2010 include drilling, production or workover facilities that are offshore or that have an offshore component, and onshore facilities required to have and submit facility response plans (FRPs).

Types of facilities are eligible for the one year extension include:

Onshore oil production, farms, electric utility plants, petroleum refining and related industries, chemical manufacturing, food manufacturing, manufacturing facilities using and storing animal fats and vegetable oils, metal and other manufacturing, real estate rental and leasing, retail trade, contract construction, wholesale trade, other commercial, transportation, arts entertainment & recreation, other services (except public administration), petroleum bulk stations and terminals, education, hospitals & other health care, accommodation and food services, fuel oil dealers, gasoline stations, information finance and insurance, mining, warehousing and storage, religious organizations, military installations, and government facilities.

In summary, the rule would extend the date by which the owners or operators of certain facilities must prepare or amend and implement an SPCC plan until November 10, 2011. The amendment also would delay the compliance date by which facilities must address milk and milk product containers that are constructed according to the current applicable 3-A sanitary standards, and subject to the current applicable grade “A” pasteurized milk ordinance (PMO) or a state dairy regulatory requirement equivalent to the current applicable PMO until one year after EPA finalizes a rule for these facilities.

These amendments do not remove the regulatory requirement for owners or operators of facilities in operation before August 16, 2002, to maintain and continue implementing an SPCC plan in accordance with the SPCC regulations then in effect.

Caltha LLP provides specialized expertise to clients nationwide in the preparation of SPCC Plans, developing SPCC Rule - 40 CFR 112 compliance procedures, and preparing cost-effective spill prevention and response programs.

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