Delay on SPCC Amendments

PLEASE NOTE: Compliance dates have changed since publishing this blog. For the most up-to-date information please go to Final Rule: SPCC Compliance Dates

Update

EPA is delaying the effective date of regulation revisions on its SPCC Rule promulgated on December 5, 2008. The new effective date has been pushed back 60 days to April 4, 2009. All amendments will be made effective on this date. EPA is also requesting public comment on the delay of the effective date and on the requirements for produced water containers at oil production facilities and the criteria for identification of qualified oil production facilities eligible to self-certify their SPCC plans. Comments are due 30 days after the new amendments are posted in the Federal Register.

EPA is also reviewing the dates for which facilities need to implement the new plans. As it stands now, the compliance dates are listed as July 1, 2009. The proposed date is November 20, 2009. These dates do not apply to qualified farms or oil production facilities.

What changes will go into effect on April 4th?

  • Exemptions:
    • Containers with a storage capacity of less than 55 gallons of oil
    • Permanently closed containers
    • Motive power containers
    • Wastewater treatment facilities
    • Hot mix asphalt and hot mix asphalt containers
    • Residential heating oil containers
    • Pesticide application equipment and related mix containers
    • Completely buried storage tanks subject to all the technical requirements of the underground storage tank regulations
  • Amended and Clarified Definitions:
    • Facility
    • Loading/Unloading Rack
    • Loading Arm
    • Oil Production Facility
    • Permanently Closed
  • Revisions to Facility Diagram Requirements
  • Clarify General Secondary Containment Requirements
  • Security Requirements
  • Integrity Testing Requirements
  • Revisions Customized for Oil Production Facilities
  • Tier I / Tier II Eligibility Requirements

Who is subject to the SPCC Rule?

The SPCC Rule applies to owners or operators of non-transportation-related facilities that:

  • Drill, produce, store, process, refine, transfer, distribute, use or consume oil or oil products
  • Could reasonably be expected to discharge oil to US navigable waters or adjoining shorelines
  • Have aboveground oil storage in capacities greater than 1,320 US gallons
  • Have underground oil storage in capacities greater than 42,000 US gallons

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