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SPCC Rule Compliance Dates

SPCC Compliance Date Extension for Farms

EPA Extends SPCC Rule's Compliance Date for Certain Facilities

On October 7, 2010, EPA maintained the November 10, 2010, compliance date for drilling, production or workover facilities that are offshore or that have an offshore component, and for onshore facilities required to have and submit Facility Response Plans (FRPs). However, EPA extended the compliance date an additional year for all other facilities to amend or develop a SPCC Plan until November 10, 2011.

EPA also delayed the SPCC compliance date by which a facility must address milk and milk product containers, associated piping and appurtenances constructed according to current applicable 3-A Sanitary Standards, and that are subject to the current applicable Grade “A” Pasteurized Milk Ordinance (PMO) or equivalent State regulatory requirement. The date is delayed one year from the effective date of a final rule specifically addressing these milk and milk product containers.

The amendments do not remove the regulatory requirement for owners or operators of facilities in operation before August 16, 2002, to maintain and continue implementing an SPCC Plan in accordance with the SPCC regulations then in effect. Such facilities continue to be required to maintain Plans during the interim until the applicable compliance date for amending and implementing the amended Plans.

The purpose of the SPCC rule is to establish requirements for facilities to prevent a discharge of oil into navigable waters or adjoining shorelines. Deep water drilling, production or workover facilities are typically not subject to EPA jurisdiction and will not be impacted by this action.

Regulation: Oil Pollution Prevention; Spill Prevention, Control, and Countermeasure (SPCC) Rule - Final Amendments (PDF) (11 pp, 183K)

Fact Sheet: Spill Prevention, Control, and Countermeasures (SPCC) Compliance Date Extension - Final Rule (PDF) (2 pp, 51K)

What are the compliance dates for SPCC facilities?

A facility, including a mobile or portable facility, starting operation... Must...

On or before August 16, 2002

Maintain its existing SPCC Plan
Amend and implement the amended SPCC 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.*

*Note: EPA recognizes that for some oil fields, based on the often variable conditions of the oil reservoir, the type and proportion of products may be uncertain until after the process of extraction has started. On December 5, 2008 (73 FR 74236), EPA finalized an amendment to allow a new oil production facility (i.e., one that becomes operational after the compliance date).

Which SPCC facilities remain subject to the November 10, 2010, compliance date?

A drilling, production or workover facility, including a mobile or portable facility, located offshore or with an offshore component; or an onshore facility that is required to have and submit FRPs starting operation... Must...

On or before August 16, 2002

Maintain its existing SPCC Plan
Amend and implement the amended SPCC 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.

2009 SPCC Compliance Date Amendment
On June 19, 2009, EPA published in the Federal Register a SPCC compliance date extension for all facilities until November 10, 2010. Facilities must amend or prepare, and implement SPCC Plans by the compliance date in accordance with revisions to the SPCC rule promulgated since 2002. Farms must also amend or prepare their SPCC Plans, and implement those Plans by the same date.

Regulation: Oil Pollution Prevention; Spill Prevention, Control, and Countermeasure Rule - Compliance Date Amendment

History
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), a fifth time on May 16, 2007 (72 FR 27443), and a sixth time on June 19, 2009 (74 FR 29136).

These extensions provided additional time for the regulated community to understand the previous SPCC rule amendments in 2002 and 2009, the clarifications developed by EPA during the course of litigation settlement proceedings (69 FR 29728), and alleviated the need for individual extension requests.


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