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Spill Prevention, Control, and Countermeasure (SPCC) Rule
Quickfinder
The effective date of the SPCC amendments promulgated December 5, 2008, has been delayed to January 14, 2010. The Agency is working on a final rule to extend the July 1, 2009, compliance date to provide facilities sufficient time to determine their compliance obligations under any rule amendments that become effective in 2010. The final rule for the new compliance dates is under review and is expected to be published in the Federal Register prior to the current July 1, 2009, compliance date.
EPA Further Delays Effective Date of Oil Spill Prevention, Control, and Countermeasure Requirements That Were Finalized in December 2008
On April 1, 2009, the Federal Register published EPA’s delay of the effective date of the December 5, 2008, Oil Spill Prevention, Control, and Countermeasure final rule. This delay is in response to public comments and the Office of Management and Budget’s January 21, 2009, memorandum (PDF) (2 pp, 105K, About PDF) regarding regulatory review.
The December 5, 2008, amendments will now become effective on January 14, 2010.
In addition to delaying the effective date, EPA is requesting public comment on whether a further delay of the effective date may be warranted. Comments must be received on or before May 1, 2009.
The April 1, 2009, rule has no impact on the compliance date for SPCC. The current compliance date for SPCC is July 1, 2009. The compliance date for farms has not yet been established.
Neither this delay, nor the December 5, 2008, final rule remove any regulatory requirement for owners or operators of facilities in operation before August 16, 2002, to maintain an SPCC Plan in accordance with the SPCC regulations.
Finalized Amendments to the SPCC Rule - December 2008
On December 5, 2008, the Federal Register published EPA's final rule to amend the SPCC rule in order to provide increased clarity, to tailor requirements to particular industry sectors, and to streamline certain requirements for those facility owners or operators subject to the rule, which should result in greater protection to human health and the environment.
Regulation: Oil Pollution Prevention; Spill Prevention, Control, and Countermeasure Rule Requirements - Amendments
Final Rule to Amend Compliance Dates for SPCC Rule - January 2009
In accordance with the January 20, 2009, White House memorandum entitled "Regulatory Review," EPA has removed the SPCC Compliance Dates Final Rule from the EPA Web site and from publication within the Federal Register, pending further Agency review. EPA intends to address these dates in a separate notice.
This does not remove any regulatory requirement for owners or operators of facilities in operation before August 16, 2002, to maintain an SPCC Plan in accordance with the SPCC regulations.
Proposed Rule to Exempt Certain Milk Containers and Associated Piping and Appurtenances from the SPCC Rule - January 2009
EPA is proposing to exempt milk containers and associated piping and appurtenances that are constructed according to current applicable 3-A Sanitary Standards, and are subject to the current applicable Grade "A" Pasteurized Milk Ordinance or an equivalent state dairy regulatory requirement.
Written comments must be received by February 17, 2009.
Revisions to the Regulatory Definition of "Navigable Waters" - November 2008
On November 26, 2008, the Federal Register published EPA's direct final rule to revise the definition of "navigable waters" in the Spill Prevention, Control and Countermeasure (SPCC) rule to comply with a court decision.
This rule is effective November 26, 2008.
The Spill Prevention, Control, and Countermeasure (SPCC) rule includes requirements for oil spill prevention, preparedness, and response to prevent oil discharges to navigable waters and adjoining shorelines. The rule requires specific facilities to prepare, amend, and implement SPCC Plans.
- November 2008 Amendments to the SPCC Rule
- December 2006 Amendments to the SPCC Rule
- Compliance Dates
- SPCC Guidance for Regional Inspectors
- For More Information
The SPCC rule is part of the Oil Pollution Prevention regulation, which also includes the Facility Response Plan (FRP) rule.
December 2006 Amendments to the SPCC Rule
In December 2006, EPA Administrator Stephen L. Johnson signed a final rule to amend the Spill Prevention, Control, and Countermeasure (SPCC) rule at 40 CFR part 112. EPA amended the SPCC rule to address a number of issues raised by its 2002 final rule, including those pertaining to facilities with smaller oil storage capacities, qualified oil-filled operational equipment, motive power containers, and mobile refuelers. EPA also removed sections of the rule that are not appropriate for facilities with animal fats and vegetable oils, and extended the compliance dates for farms.
Compliance Dates
Following the 2002 revisions to the SPCC rule, EPA extended the compliance dates for facilities to update (or for new facilities to prepare) and implement an SPCC Plan that complies with the revised requirements.
SPCC Guidance for Regional Inspectors
EPA has developed an SPCC Guidance Document to assist regional inspectors in implementing the SPCC program and in understanding its applicability. The document is also available as a guide to owners and operators of facilities that may be subject to the requirements of the SPCC rule and the general public on how EPA intends the SPCC rule to be implemented.
For More Information
- Policy and Guidance -- guidance documents, memoranda of agreement, interpretive letters, and fact sheets
- Oil Pollution Prevention Regulation -- see subparts A, B, and C of 40 CFR part 112 for SPCC requirements
- Superfund, TRI, EPCRA, RMP & Oil Information Center - answers questions related to the SPCC rule and several other EPA programs