Environmental News
Volume 8, Issue 40
Breaking NewsEPA Proposes More Changes to the SPCC Rules 2007 Proposed SPCC Rule Amendments, Pre-Publication Version On October 1, 2007, the EPA Administrator signed a proposed rule that would, yet again, make changes to the Clean Water Act Spill Prevention Control and Countermeasure (SPCC) plan regulations. The proposal is intended to streamline certain requirements, tailor the rules for different types of facilities or industry sectors, and provide clarity. In total, there are over thirteen specific proposed revisions. The following highlights significant actions in the proposal.
Re-defining a “Facility” In most instances, the SPCC planning requirements apply to facilities that exceed a certain aggregate capacity for oil storage at a single facility. There have been concerns raised by industry sectors and other regulated facilities over how to aggregate or separate containers, equipment, buildings, and other components in determining applicability. The EPA proposes to modify the definition of “facility” by adding the phrase, “Contiguous or non-contiguous buildings, properties, parcels, leases, structures, installations, pipes, or pipelines under the ownership or operation of the same person may be considered separate facilities.” In the EPA’s current enforcement guidance, the EPA already provides some discretion on delineating a facility based on factors such as ownership, management, or operation [see SPCC Guidance for Regional Inspectors, Version 1.0, November 28, 2005]. The agency believes that the revised definition will make it easier for regulated facilities to sort out SPCC applicability. Facility Diagrams The EPA is proposing to amend the facility diagram requirements at 40 CFR 112.7(a)(3). The revision would require that the facility diagram include all “fixed” containers. The facility would only need to mark the areas where mobile or portable containers are stored. The operator would be required to mark the number, contents, and capacity of portable containers either on the diagram or within the SPCC plan. The rules would also be modified to allow the use of a key for providing specific details of facility diagrams at complex facilities. Tiered Planning In response to comments from their December 12, 2005 proposal (70 FR 73524), the EPA is proposing to streamline the planning requirements by establishing a multi-tiered approach. The level of regulation would depend on total storage capacity.
Other Changes The agency is also proposing numerous other amendments—some will apply to all facilities, while others offer flexibility to specific facilities. These amendments include:
Comments must be received by EPA no later than 60 days from the date this proposal is published in the Federal Register. For more information on the SPCC requirements and this proposal, visit http://www.epa.gov/oilspill/spcc_oct07.htm or attend Lion Technology’s Complete Environmental Regulations Workshop.
Join the conversation! Visit the environ-mgmt Discussion Group to post comments, ask questions, and get answers!
EPA News10/01/2007—U.S. EPA Fines Frozen Vegetable Supplier $31,434 Over Ammonia Release Violations Pictsweet Failed to Notify Authorities after Chemical Release The U.S. Environmental Protection Agency today fined the Pictsweet Company $31,434 for failing to notify federal and state emergency response agencies immediately following an ammonia release at its Santa Maria, Calif. food packaging plant, a violation of the federal Emergency Planning and Community Right-To-Know-Act and the Comprehensive Environmental Response, Compensation, and Liability Act. 09/28/2007—Hunt Refining Settles Federal Air Pollution Case for $49 Million The Hunt Refining Co. and Hunt Southland Refining Co. have agreed to pay a $400,000 civil penalty and spend more than $48.5 million for new and upgraded pollution controls at three refineries, the Justice Department and U.S. Environmental Protection Agency announced. The settlement resolves alleged violations of the Clean Air Act and is expected to reduce more than 1,250 tons of harmful emissions annually from the company's refineries in Tuscaloosa, Ala., and Sandersville and Lumberton, Miss. Read more... 09/20/2007—U.S. Imposes Highest Acid Rain Fine Ever In a landmark settlement, East Kentucky Power Cooperative, a coal-fired electric utility, has agreed to pay an $11.4 million penalty to resolve violations of the Clean Air Act’s acid rain program, the Department of Justice and the U.S. Environmental Protection Agency announced today. Read more...
Recent EPA Rules, Standards, and Interpretations10/03/2007—Office of Research and Development; Ambient Air Monitoring Reference and Equivalent Methods: Designation of New Reference Method 09/19/2007—Significant New Use Rules on Certain Chemical Substances Toxic Substances Control Act (TSCA) for 38 chemical substances which were the subject of premanufacture notices (PMNs). Read more... |
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