New Effective Date for 12/5/08 SPCC Amendments

The following is an update from EPA’s Superfund, TRI, EPCRA, RMP & Oil Information Center: On April 1, 2009, EPA published a final rule to further delay the effective date of the December 5, 2008, amendments to the SPCC Regulations, in accordance with the memorandum from the Office of Management and Budget entitled, “Implementation of Memorandum Concerning Regulatory Review” (M-09-08, January 21, 2009). The amendments will now become effective on January 14, 2010. Additionally, EPA is requesting public comment on whether a further delay of the effective date may be warranted. It is important to note that this rule does not change the compliance dates by which owners or operators of facilities must prepare or amend their SPCC Plans and implement those Plans in accordance with the 2002 SPCC Rule. However, EPA intends to address these dates in a separate notice. Until that time, the current compliance date for the SPCC rule is July 1, 2009, for all facilities other than farms. Farms must prepare or amend and implement an SPCC Plan when EPA establishes by rule a compliance date for farms. The December 5, 2008, amendments to the SPCC Rule clarified regulatory requirements, tailored requirements to particular industry sectors, and streamlined certain requirements for facility owners or operators subject to the rule. With these changes, EPA expects to encourage greater compliance with the SPCC regulations, thus resulting in increased protection of human health and the environment. The amendments did not remove any regulatory requirement for owners or operators of facilities in operation before August 16, 2002, to develop, implement, and maintain an SPCC Plan in accordance with the SPCC Regulations then in effect. Such facilities are still required to maintain their plans during the interim until the applicable date for revising and implementing their plans under the new amendments. Additional information about the 2008 amendments to the SPCC Rule is available at the following URL: www.epa.gov/emergencies/content/spcc For questions about these Rules, please contact EPA’s Superfund, TRI, EPCRA, RMP & Oil Information Center at: (800) 424-9346 -- Toll Free(703) 412-9810 -- Metropolitan DC area and international calls(800) 553-7672 -- Toll Free TDD(703) 412-3323 -- Metropolitan DC area and international TDD To speak with an Information Specialist, please call between 10:00 AM and 3:00 PM, Monday through Thursday, Eastern Standard Time.