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EPA proposes new SPCC compliance date

August 01, 2010
The U.S. Environmental Protection Agency (EPA) has proposed a one-year extension to the compliance date for certain facilities subject to the Spill Prevention, Control, and Countermeasure (SPCC) rule.  

EPA is not proposing any changes to the current Nov. 10, 2010 compliance date for drilling, production and work-over facilities that are offshore or that have an offshore component, or for onshore facilities required to have and submit Facility Response Plans (i.e. those facilities with storage capacities of 1 million gallons or more that could cause substantial harm or those with storage capacities at or above 42,000 gallons and that transfer oil to or from a vessel over water).

EPA proposed the compliance date extension to provide owners or operators of facilities that pose a lower threat of having significant oil spills to navigable waters or adjoining shorelines the opportunity to fully understand the regulatory amendments offered by revisions to the SPCC rule promulgated in 2008 and 2009, and to allow these facilities additional time to make any changes necessary to comply with the revised SPCC requirements.  In addition, the extension will allow the EPA to take final action on a Jan. 15, 2009 dairy-related proposal to exempt certain containers, associated piping, and appurtenances from the SPCC requirements.

These proposed amendments do not remove any regulatory requirements for owners or operators of production facilities in operation before Aug. 16, 2002, to maintain and continue implementing an SPCC Plan in accordance with the SPCC regulations then in effect.  Such facilities continue to be required to maintain Plans during the interim until the applicable compliance date for amending and implementing Plans.
Though EPA believes that a one-year compliance date extension is appropriate, it is also accepting comments on shorter compliance date extensions of May 10, 2011 and Aug. 10, 2011.  

OIPA will be providing comments to EPA in support of the one-year extension.  For more information, go to

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