US EPA Proposes One Year Compliance Date Extension on SPCC Rule for Certain Facilities

On July 28, 2010 US EPA proposed a one year compliance date extension on SPCC for certain facilities [published August 3, 2010 75 FR 45572-45579]. Not all facilities will qualify for the one year extension and will have to comply by the current date of November 10, 2010. 

 

The public has the opportunity to comment on this proposed rule during a 15-day period which ends on August 18, 2010.

 

Drilling, production or workover facilities that are offshore or that have an offshore component, or onshore facilities required to have and submit facility response plans (FRPs), due to the threats facilities could pose of significant oil spills to navigable waters or adjoining shorelines. 

 

Facility Response Plans are required when

·     total storage capacity greater than 42,000 gallons and over-water transfers of oil to/from vessels

·     or the total storage capacity greater than 1 million gallons and at least one of the following:

o    Lacks adequate secondary containment for any aboveground storage area.

o    Oil discharge could shut down a public drinking-water intake.

o    Oil discharge could cause injury to fish and wildlife and sensitive environments, including cooling water intakes and irrigation intakes.

o    Experienced reportable oil discharge of 10,000 gallons or more in the last five years.

 

US EPA is providing the compliance extension to provide owners or operators of facilities that pose a lower threat of having significant oil spills to navigable waters or adjoining shorelines the opportunity to fully understand the regulatory amendments offered by revisions to the SPCC rule promulgated in 2008 and 2009 and to allow these facilities additional time to make any changes necessary to comply with the revised SPCC requirements.

 

US EPA clarified when the SPCC plan must be prepared and implemented based on the date the operations started. 

 

If the facility qualifies for the compliance extension

 

·     Operations started on or before August 16, 2002 – Maintain existing SPCC Plan and amend and implement revised plan no later than November 10, 2011

·     After August 16, 2002 through November 10, 2011 – Prepare and implement an SPCC Plan no later than November 10, 2011

·     After November 10, 2011 (excluding production facilities) – Prepare and implement an SPCC Plan before beginning operations

·     After November 10, 2011 (production facilities) – Prepare and implement an SPCC Plan within six months after beginning operations.

 

If the facility does not qualify for the compliance extension

 

·     Operations started on or before August 16, 2002 – Maintain existing SPCC Plan and amend and implement revised plan no later than November 10, 2010.

·     After August 16, 2002 through November 10, 2010 – Prepare and implement an SPCC Plan no later than November 10, 2010.

·     After November 10, 2010 (excluding production facilities) – Prepare and implement an SPCC Plan before beginning operations.

·     After November 10, 2010 (production facilities) – Prepare and implement an SPCC Plan within six months after beginning operations.

 

This article was excerpted from publically available information, and was authored by Joyce Gentry, Acacia Environmental Group LLC. For more information on the author see here.