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EPA/SWER RIN: 2050-AG16 Publication ID: Spring 2004 
Title: ●Revisions to the Spill Prevention, Control, and Countermeasures (SPCC) Rule 
Abstract: The Environmental Protection Agency issued a "Notice Concerning Certain Issues Pertaining to the July 2002 Spill Prevention, Control, and Countermeasure (SPCC) Rule" to publish clarifications developed by the Agency during the course of settlement proceedings regarding the SPCC regulation. These clarifications to the SPCC regulation were the result of legal challenges to certain aspects of the July 17, 2002 final regulation. EPA is issuing a proposed rule to extend by one year the compliance deadline for regulated facilities to amend (or in some cases, prepare) and implement their SPCC Plans. This extension will provide sufficient time for the regulated community to undertake the actions necessary to update (or prepare) their plans in accordance with recent clarifications EPA has made to certain provision of the SPCC regulations. The extension also avoids a potentially overwhelming number of individual extension requests. EPA will also issue a proposed rule extending by an additional two years the compliance deadline for certain groups of the regulated community. EPA is considering additional measures to ease the compliance burden of smaller facilities, and for oil-filled and motive power equipment. EPA is considering a proposal to amend 40 CFR Part 112, which includes the SPCC rule promulgated under the authority of the Clean Water Act. The proposal may also include advanced notices of proposed rulemaking on secondary containment for small electrical equipment and on secondary containment requirements for loading racks. Part 112 includes requirements for SPCC Plans, and for Facility Response Plans (FRPs). The proposed rule includes changes stemming from the litigation over the SPCC rule, as well as other changes, that have not been fully defined. These may include potential differentiation of requirements for non-petroleum oils, and policy statements associated with the July 2002 SPCC final rule. Among these are the following possible areas: 1) Applicability of the rule to motive power; 2) Secondary containment and consideration of costs; 3) Wastewater and the applicability of the rule to oil-water separators; 4) Loading/unloading areas vs. rack; 5) Wastewater exemption at production facilities; 6) Applicability of the rule to mobile/portable containers; 7) Applicability of the rule to various forms of piping; 8) Scope and definition of operational equipment vs. process vessels; 9) Distinction between the various secondary containment requirements; and 10) Integrity testing for small bulk containers. Specific decisions on the scope of the rulemaking will follow analysis of flexibility available under the July 2002 rule to support pending policy clarifications. 
Agency: Environmental Protection Agency(EPA)  Priority: Other Significant 
RIN Status: First time published in the Unified Agenda Agenda Stage of Rulemaking: Proposed Rule Stage 
Major: No  Unfunded Mandates: No 
CFR Citation: 40 CFR 112   
Legal Authority: 33 USC 1321 "CWA sec 311(j)(l)(C)"   
Legal Deadline:  None
Timetable:
Action Date FR Cite
Notice of Settlement Terms  05/25/2004  69 FR 29728   
1 yr Compliance Extension NPRM  06/00/2004    
2 year Compliance Extension Proposal  07/00/2004    
1 yr Compliance Extension Final  08/00/2004    
2 Year Compliance Extension Final  04/00/2005    
NPRM  To Be Determined    
Additional Information: SAN 2634.2. Split from RIN 2050-AC62.
Regulatory Flexibility Analysis Required: No  Government Levels Affected: Federal 
Small Entities Affected: No  Federalism: No 
Included in the Regulatory Plan: No 
Agency Contact:
Hugo Fleischman
Environmental Protection Agency
Solid Waste and Emergency Response
5104A,
Washington, DC 20460
Phone:202 564-1968
Fax:202 564-2625
Email: fleischman.hugo@epa.gov