The U.S. Environmental Protection Agency (EPA) recently extended the date by which certain regulated facilities must comply with amendments to the Spill Prevention Control and Countermeasure (SPCC) rule to November 10, 2011. The following facilities qualify for the extension: “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 & recreation, other services (except public administration), petroleum bulk stations and terminals, education, hospitals & 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.” Eligible facilities that began operations prior to August 16, 2002 are still required to have a SPCC plan in place; the extension only delays the date by which SPCC plans must conform to the amended SPCC rule. Eligible facilities that began operations after August 16, 2002, however, have until November 10, 2011 to develop and implement a SPCC plan.
Importantly, not all facilities received an extension. November 10, 2010 remains the compliance date for drilling, production and workover facilities that are offshore or that have an offshore component, and for onshore facilities required to have and submit Facility Response Plans.
For more information about EPA’s most recent SPCC compliance date extension, please contact Katie Grgic or any member of Taft's environmental practice group.