In This Issue

SPCC Plan Deadline Extensions

On January 9, 2003, the EPA published an Interim Final Rule to extend the current SPCC deadlines by 60 days, and a Proposed Rule to extend the current SPCC deadlines by 1-year. The proposed 1-year extension is from the date of the ORIGINAL rule deadlines, not from the date of the 60-day extended deadlines. The 60 day extension will help EPA avoid the flood of individual extension requests it has become apparent they will otherwise receive from regulated facilities, and will allow for adequate consideration of comments EPA expects to receive on the proposed one-year extension of the dates. During the period of this sixty-day extension, it will not be necessary for a facility owner or operator to file an extension request pursuant to § 112.3(f). Furthermore, for facilities that have already applied for an extension pursuant to § 112.3(f), the interim final rule should render such requests moot.

The EPA is proposing to extend, for one year, the dates in 40 CFR 112.3(a) and (b) for a facility to amend its Spill Prevention, Control, and Countermeasure (SPCC) Plan and implement the amended Plan (or, in the case of facilities becoming operational after August 16, 2002, prepare and implement a Plan that complies with the newly amended requirements). During the period of the proposed extension, if it is finalized, it will not be necessary for a facility owner or operator to file an extension request pursuant to § 112.3(f). Furthermore, for facilities that have already applied for an extension pursuant to § 112.3(f), if this extension is finalized, it should render such requests moot.

The EPA will address all public comments in a final rule based on the proposed rule. Any parties interested in commenting should do so at this time. Written comments must be received by January 29, 2003. The docket number for the proposed rule is OPA-2002-001.

Both the Interim Final Rule and the Proposed Rule can be downloaded from RCP’s website at here through the SPCC Gateway.