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SPCC Final Rule - Compliance Dates

By Greg Russell

U.S. EPA has set November 10, 2010, as the date by which facilities must prepare or amend, and implement changes to, their SPCC Plans to comply with substantive amendments finalized on December 5, 2008 (and earlier, where applicable).  Contrary to previous agency proposals, this date applies to all facilities, including those that meet the "qualified facilities" criteria - meaning that small production facilities are required to meet this deadline as well.

Moreover, EPA emphasized:

[T]hese compliance date amendments affect only requirements of the July 2002 and December 2006 SPCC rule amendments *** that impose new or more stringent compliance obligations than did the 1973 SPCC rule. Provisions in these amendments that provide regulatory relief are not affected by these compliance date amendments because they would not require amendments to existing Plans ``to ensure compliance'' (see Sec. 112.3). Provisions in these amendments that provide regulatory relief to facilities are applicable as of the effective date of the amendment.

Thus, EPA states, "Once the December 2008 rule *** becomes effective, the regulatory relief applies immediately but the facility owner or operator must amend the SPCC Plan to include more stringent provisions by the compliance date."

A copy of the final rule can be found here.

Tags: SPCC, Energy, Environment

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