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VOLUME 3

EPA Extends SPCC Compliance
Dates to November 10, 2010

On June 19, 2009, the EPA published a final rule in the Federal Register (74 FR 29136) to extend the compliance dates for the July 2002 and December 2006 SPCC rule amendments from July 1, 2009, to November 10, 2010.  The rule amendment applies to all facilities subject to the SPCC rule and is available at:

http://www.epa.gov/fedrgstr/EPA-WATER/2009/June/Day-19/w14247.htm

EPA states that this most recent extension to the compliance dates is to provide owners and operators of regulated facilities the opportunity to fully understand all of the regulatory amendments promulgated in July 2002 and December 2006. In addition, earlier this year, EPA extended the effective date of the December 2008 amendments to January 14, 2010, and the EPA believes extending the compliance dates to November 10, 2010, provides sufficient time for review of additional comments received on the December 2008 rule amendments and to promulgate any additional revisions that result from the review. The EPA expects that any final revisions to the December 2008 amendments will be promulgated in November 2009, which will provide a compliance date of approximately one year from the expected publication date.

It should be noted that the extension of the compliance dates affects only the requirements of the SPCC rule amendments that impose new or more stringent compliance obligations than the 1973 SPCC rule.  Provisions that provide regulatory relief are applicable as of the effective date of the amendment. Further, owners or operators of facilities in operation before August 16, 2002, are required to maintain and implement SPCC plans in accordance with the SPCC regulations that were in effect at that time until the required implementation of the amendments on November 10, 2010.

EHS Support has revised the SPCC Summary to reflect the change in the compliance dates.  Questions about how the change in the compliance dates may affect your company can be discussed with Jessica Tierney at 412-779-1094 jessica.tierney@ehs-support.com or Amy Bauer at 251-533-6949 amy.bauer@ehs-support.com.


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