30 March 2009 – EPA is delaying the effective date of the final rule that amends the Spill Prevention, Control, and Countermeasure (SPCC) regulations promulgated in the Federal Register on 5 December 2008, in accordance with the memorandum from the Office of Management and Budget entitled, “Implementation of Memorandum Concerning Regulatory Review” (M-09-08, 21 January 2009).  The amendments will now become effective on 14 January 2010. 

Additionally, EPA is requesting public comment on whether a further delay of the effective date may be warranted.

The 5 December 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 16 August 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.

Information on the SPCC Rule:  http://www.epa.gov/emergencies/content/spcc/index.htm.

CONTACT INFORMATION

Latisha Petteway, +1 202 564 4355, email petteway.latisha@epa.gov.