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EPA Proposes To Extend SPCC Compliance Date

Grayson_Lynn_COLORBy E. Lynn Grayson


On August 3, 2010, EPA published notice proposing to extend the compliance date for certain facilities subject to the Spill Prevention Control and Countermeasures (SPCC) rule. The proposed SPCC rule amendment extends the compliance date in Section 112.3 by one year from November 10, 2010 to November 10, 2011 for owners or operators of certain SPCC regulated facilities that must prepare or amend an SPCC plan.

EPA is proposing to maintain the current compliance date for drilling, production and workover facilities that are offshore or that have an offshore component, or for facilities required to have a Facility Response Plan. EPA also is proposing further compliance date delays for certain facilities with milk containers, associated piping and appurtenances to allow the Agency time to take final action to exempt these containers from SPCC requirements.

A facility owner or operator in operation before August 16, 2002 must continue to maintain an existing plan. A facility owner or operator who wants to take advantage of the 2002, 2006, 2008, and 2009 regulatory changes may do so, but will need to modify the existing plan accordingly. Additionally, an owner or operator may need to amend the plan prior to the new compliance date to address facility modifications for which more stringent requirements apply.

The public has the opportunity to comment on this proposed rule until August 18, 2010. Additional information about the proposed rule including a fact sheet can be found at http://www.epa.gov/oem/content/spcc/compliance_dates.htm.