EPA extends spill prevention compliance date by one year for many facilities

by Brianna Crandall — October 15, 2010—The U.S. Environmental Protection Agency (EPA) is extending the compliance date by one year for certain facilities subject to recent amendments to the Spill Prevention Control and Countermeasure (SPCC) rule. Those facilities not eligible for the one-year extension will have to comply by the current date of November 10, 2010.

Last year, EPA amended the SPCC rule to strengthen certain provisions. Regulated facilities are required to amend and implement these changes as part of their overall SPCC plans. The purpose of the 1973 SPCC rule is to establish requirements for facilities to prevent a discharge of oil into navigable waters or adjoining shorelines. EPA has no SPCC jurisdiction over drilling, production or workover facilities seaward of the coastline.

Types of facilities eligible for the one-year extension include: 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 and recreation, other services (except public administration), petroleum bulk stations and terminals, education, hospitals and 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.

Types of facilities not eligible for the extension include: 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.

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, notes EPA.