In This Issue

Final Rule Amendment: SPCC Compliance Dates Extended

On Feb. 10, 2006, EPA Administrator Stephen L. Johnson signed a final rule amending the Spill Prevention, Control, and Countermeasure (SPCC) Rule. This action extends the SPCC compliance dates for all facilities until Oct. 31, 2007. This final rule extends the dates in §112.3 by which owners and operators of facilities must prepare or amend their SPCC Plans as proposed.

– Under the new §112.3(a), a facility that was in operation on or before Aug. 16, 2002, must make any necessary amendments to its SPCC Plan, and implement that Plan, on or before Oct. 31, 2007.
– Under the new §112.3(b), a facility that came into operation after Aug. 16, 2002, must also prepare and implement an SPCC Plan on or before Oct. 31, 2007.
– Finally, under the new §112.3(c), a mobile facility must prepare or amend and implement an SPCC Plan on or before Oct. 31, 2007.

This extension will allow the Agency time to take final action on proposed amendments to the SPCC requirements before owners and operators are required to prepare, amend, and implement their SPCC Plans. It will also allow owners and operators to take advantage of any modifications that would be provided by a final SPCC amendment rule.

In addition, the extension will allow the regulated community the opportunity to understand the material presented in the newly released guidance, “SPCC Guidance for Regional Inspectors,” before preparing or amending their SPCC Plans. Finally, the extension provides additional time for facilities that might have difficulty meeting the upcoming compliance dates because they were adversely affected by the recent hurricanes. It should be noted that theses compliance date extensions affect only requirements of the July 2002 final SPCC rule that impose new or more stringent compliance obligations than did the 1973 SPCC rule.

RCP has developed hundreds of SPCC plans for all types of facilities and is intimately familiar with all the relevant regulations and guidance documents. For assistance with your SPCC plan revisions, contact Jessica Roger at RCP.