- WEB EXCLUSIVE
- PE COFFEEHAUS
Spill Prevention Control and Countermeasure (SPCC) rule, finalized in 1973, has been put off for decades as businesses said they cannot adjust in time. Another deadline has been pushed back, but certain industries are still responsible for the last date. The EPA announced on Friday, Oct. 8, 2010, in a press release (and published in the Oct. 14, 2010 Federal Register) that it is extending the compliance date by one year for certain facilities subject to recent amendments to the SPCC rule. The agency is also announcing that some facilities will not be eligible for the one year extension and will have to comply by the current date of Nov. 10, 2010.
The finalized extension was previously announced last June (read PE's coverage). There are no substantial changes from that proposal and this final decision. To recap:
Not getting an extension: Drilling, production or workover facilities that are offshore or that have an offshore component, or onshore facilities required to have and submit facility response plans (FRPs), due to the threats these facilities could pose of significant oil spills to navigable waters or adjoining shorelines.
Getting a one-year extension: 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.
The rule would extend the date by which the owners or operators of the above facilities must prepare or amend and implement an SPCC plan by one year to Nov. 10, 2011. The agency is also delaying 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 the 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.
SOURCE: Federal Register