EPA finalizes SPCC rules…finally

On November 5, 2009, EPA Administrator signed off on the final amendments to the SPCC (Spill Prevention and Control Countermeasures) rules. These final revisions are made to the December 2008 amendments. The final rules modify 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.

For details, click here for the full text of the final rules.

By the way, the fact that these latest revisions “remove” certain exclusions and exemptions previously provided in the 2008 amendments is another example of the reversal of Bush rules undertaken by the Obama Administration.

Why SPCC is not delegated to the states?

As we all know, many federal environmental programs are delegated to the state levels for implementation with oversight from EPA. Such is not the case with the Spill Prevention Control and Countermeasures (SPCC).

When Congress passed the Clean Water Act in 1972, it directed the President to develop a National Contingency Plan. Under Section 311(j)(1) of the Act, the President is directed to est”lish procedures, methods,a nd equipment and other requirements for equipment ot prevent discharge of oil and hazardous substances from vessels and from onshore facilities…”…..

The President is specifically authorized to delegate the administration of Section 311 of the Clean Water Act to “the heads of those Federal departments, agencies, and instrumentalities which he determines to be appropriate”.  There is no mention of any authority to delegate to state agencies.

Some state governments have enacted state laws that require their industries to have spill prevention plans that are the same as those spelled out in the SPCC regulations. California is one of these states. So if an inspector from one of the California state regional water quality control boards finds that you don’t have a SPCC plan, the agency can cite you  for violating the state law - but not the federal law.

Only an EPA inspector can cite you for SPCC violations.

More on SPCC….

The SPCC regulation threshold of 1320 gallons of above ground storage refers to the oil storage “capacity”. It excludes containers of less than 55 gallons “capacity”. So if you have ten 55-gallons oil containers that are half empty, you have 550 gallons towards the 1320 threshold as far as SPCC regulations are concerned. Not 275 gallons.

You also need to count those oil-filled equipments that have more than 55-gallons capacities. Examples of these equipments include hydraulic systems, electrical motors and electric transformers of which you are the owner or operator.

EPA did it again! another extension for SPCC.

On April 1, 2009, EPA extended the deadline for SPCC (Spill Prevention and Control Countermeasures) to January 14, 201o.

Last week (June 11, 2009) EPA extended the deadline for SPCC again. The new deadline is now November 11, 2010. Click here for details.

This is no April Fool’s Joke

On December 5, 2008, the Bush EPA issued final rules on several amendments to the SPCC (Spill Prevention Control and Countermeasure) regulations. These amendments included exemptions for some operations. These final rules were to be effective February 3, 2009.

On April 1, 2009, the  Obama EPA issued a final rule to postpone the effective date of the December 5 amendments till January 14, 2010. As expected, the Obama White House had ordered all federal agencies to delay and review all last-minute regulatory changes that were made by the out-going Bush Administration. 

The delay in implementing the December 5, 2008 amendments does NOT mean that you do not have to comply with the SPCC if you meet those SPCC thresholds.

Quick action by the Obama Administration

In a memo issued by new White House Chief of Staff Rahm Emanuel, President Obama tells agency and department heads that :

“…no proposed or final regulation should be sent to the Office of Federal Register for publication unless and until it has been reviewed and approved by a department or agency head appointed or designated by the President after noon on January 20, 2009, or in the case of the Department of Defense, the Secretary of Defense.”

The memo also orders the withdrawal of all final or proposed regulations not yet published by the Federal Register. Department and agency heads have also been asked to “consider extending for 60 days the effective date of regulations that have been published in the Federal Register but not yet taken effect”.

This would affect EPA’s proposed exemption of milk containers from the SPCC regulations.

See Washington Post article for more details.

Spilled milk?

Did you know that milk comes under the Spill Prevention Control and Countermeasures (SPCC) regulations? It is true. SPCC covers all petroleum products and any kind of fat – including animal fat. Since milk contains animal fat, it is regulated under SPCC.

EPA issued a press release today proposing to exempt milk containers from SPCC regulations. For more details, go to EPA’s SPCC web page.