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EPA Proposes to Extend SPCC Regs Again
Published on July 8, 2004

On June 17, 2004, the U.S. Environmental Protection Agency issued a proposed in the Federal Register which extends by twelve months, certain compliance dates for the July 2002 Spill Prevention Control and Countermeasure (SPCC) amendments. The dates affected by this proposal include the date for a facility to amend its SPCC plan and the date for a facility to implement that amended plan in a manner that complies with the newly amended requirements (or, in the case of facilities becoming operational after August 16, 2002, prepare and implement a plan that complies with the newly amended requirements). In an effort to reach settlement of litigation involving the July 2002 amendments, EPA is proposing the extension in order to provide sufficient time for the regulated community to undertake the actions necessary to update (or prepare) their plans. The proposed extension is also intended to alleviate the need for individual extension requests.

This proposal affects facilities engaged in crude oil and natural gas extraction as well as petroleum bulk stations and terminals.

The proposed regulations state:

"If your onshore or offshore facility was in operation on or before August 16, 2002, you must maintain your plan, but must emend it, if necessary, to ensure compliance with this part, on or before August 17, 2005, and must implement the amended plan as soon possible, but not later than February 18, 2006. If your onshore or offshore facility becomes operational after August 16, 2002, through February 18, 2006, and could reasonably be expected to have a discharge as described in 40 CFR 112.1(b), you must prepare a plan on or before February 18, 2006, and fully implement it as soon as possible, but not later than February 18, 2006."

"If you are the owner or operator of an onshore or offshore facility that becomes operational after February 18, 2006, and could reasonably be expected to have a discharge as described in 40 CFR 112.1(b), you must prepare and implement a plan before you begin operations."

If you have questions about this proposed rule, or if you need assistance with the preparation of an SPCC plan, contact David Lewis at david.lewis@jccteam.com or (281) 578-3388.
This Regulatory Alert was prepared by J. Connor Consulting, Inc. to advise our clients of impending deadlines and applicable regulatory requirements. No official agency policy is implied.