SPCC Rule Compliance Dates
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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.
On July 17, 2002, EPA published a final rule that amended the SPCC regulations (67 FR 47042), which became effective on August 16, 2002. The final rule included compliance dates in §112.3 for preparing, amending, and implementing SPCC Plans. The original compliance dates were amended on January 9, 2003 (68 FR 1348), again on April 17, 2003 (68 FR 18890), a third time on August 11, 2004 (69 FR 48794), a fourth time on February 17, 2006 (71 FR 8462 (PDF)), and a fifth time on May 16, 2007 (72 FR 27443).
These extensions provided additional time for the regulated community to understand the 2002 SPCC amendments (67 FR 47042 (PDF)), the clarifications developed by EPA during the course of litigation settlement proceedings (69 FR 29728 (PDF)), and alleviated the need for individual extension requests.
The current compliance dates for the SPCC rule are:
A facility (other than a farm) starting operation... | Must... |
---|---|
On or before August 16, 2002 |
Maintain its existing Plan |
After August 16, 2002 through July 1, 2009 |
Prepare and implement a Plan no later than July 1, 2009 |
After July 1, 2009 |
Prepare and implement a Plan before beginning operations |
A Farm starting operation… | Must... |
---|---|
On or before August 16, 2002 |
Maintain its existing Plan. |
After August 16, 2002 |
Prepare and implement a Plan when EPA promulgates a rule specific for farms and specifies a compliance date for farms. |