Posted by: Lawyer Sanders | March 30, 2009

Kentucky environmental lawyer Sanders says EPA is delaying its amended SPCC rule until Jauary 2010 to allow further review.

U.S. EPA is delaying a final rule that amends the Spill Prevention, Control, and Countermeasure (SPCC) regulations, which was published in the Federal Register on Dec. 5, 2008. The delay is in accordance with a memorandum from the Office of Management and Budget entitled, “Implementation of Memorandum Concerning Regulatory Review” (M-09-08, January 21, 2009). The amended rule 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. The Dec. 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.

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

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