Final Amendments Set to SPCC Rule

On Nov. 5, 2009, the U.S. Environmental Protection Agency Administrator signed a notice amending certain requirements of the Spill Prevention, Control, and Countermeasure (SPCC) rule in order to address additional areas of regulatory reform that have been raised by the regulated community.

This rule is effective Jan. 14, 2010.

The November 2009 amendments revise the December 2008 amendments as a result of EPA's review of comments and consideration of all relevant facts. EPA is either taking no action or providing minor technical corrections on the majority of the December 2008 provisions. However, this action modifies the December 2008 rule by removing the provisions to:

  • exclude farms and oil production facilities from the loading/unloading rack requirements;
  • exempt produced water containers at an oil production facility; and
  • provide alternative qualified facilities eligibility criteria for an oil production facility.
Additionally, because of the uncertainty surrounding the final amendments to the Dec. 5, 2008, rule and the delay of the effective date, EPA will propose to extend the compliance date.

An unofficial pre-publication copy of the Federal Register Notice (signed November 5, 2009) is provided for public reference.

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