The Spill Control and Countermeasure (SPCC) rule has been threatening to go into affect for well over a decade, and each time it has been extended due to various problems with the rule and widespread difficulties for facilities in fulfilling their SPCC requirements. The EPA recently extended this again to Nov. 10, 2010, but certain industries will have until November 2011 to get their plans squared away.

Offshore drilling, production, workover, and certain onshore facilities will not be eligible for the extension – these industries must still have a plan turned into the EPA by Nov. 10 (barring another extension). The agency explained the necessity of these industries supplying facility response plans (FRPs), due to the threats these facilities could pose of significant oil spills to navigable waters or adjoining shorelines.

Last year, the EPA amended and extended the SPCC rule to strengthen certain provisions. Regulated facilities will be required to amend and implement these changes as part of their overall SPCC plans.

The proposed amendments do not remove the regulatory requirement for owners or operators of facilities in operation before Aug. 16, 2002 (other than facilities with milk containers described above), to maintain and continue implementing an SPCC plan in accordance with the SPCC regulations then in effect. The EPA is seeking comment on whether a shorter extension period (six to nine months) is warranted for facilities rather than the proposed one-year extension. In considering a shorter compliance extension period, the agency requests comments on the criteria to consider, such as discharge history, size and type of facility, potential risk posed, and ability to come into compliance.

The purpose of the SPCC rule, which was finalized in 1973, is to establish requirements for facilities to prevent a discharge of oil into navigable waters or adjoining shorelines. The EPA has no SPCC jurisdiction over drilling, production or workover facilities seaward of the coastline.

Types of facilities that may be eligible for the proposed one year extension are as follows:

• 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
• Government facilities.

The proposed rule would extend the date by which the owners or operators of certain facilities must prepare or amend and implement an SPCC plan by one year to Nov. 10, 2011.

Dairy facilities get an extra reprieve: The compliance date will be delayed for facilities with milk 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 the EPA finalizes a rule for these facilities.

The public has the opportunity to comment on the proposed rule during a 15-day period following its publication in the Federal Register.

More information on the proposed rule is available at www.epa.gov/emergencies/content/spcc/index.htm.

SOURCE: EPA press release