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Final SPCC rule releasedRecently, the U.S. Environmental Protection Agency (EPA) released final revisions to the Spill Prevention Control and Countermeasure (SPCC) Rule. A preliminary review by the National Cattlemen's Beef Association (NCBA) indicates the final rule appears to be similar to a rule promulgated by the Bush administration in December 2008 but held back for consideration by the Obama administration. An exception that affects cattle producers: EPA removed a provision that excluded farms from loading/unloading rack requirements. An owner/operator of a farm is potentially subject to SPCC requirements if the farm: --Has above ground oil storage capacity greater than 1,320 U.S. gallons (gal.) --Has buried oil storage capacity of 42,000 gal. --Stores, transfers, uses, or consumes oil or oil products; and --Could reasonably be expected to discharge oil to U.S. navigable waters or shorelines. The rule requires farms, except in certain circumstances, to have a Facility Response Plan certified by a professional engineer that details equipment, workforce, procedures and training to prevent, control and provide adequate counter measures in the event of an oil discharge. Any facility that has aggregate above ground storage capacity of 10,000 gal. or less can self-certify its SPCC plan under certain circumstances. Farms with higher than 10,000 gal. aggregate capacity must prepare a PE-certified plan. The rule will become effective Jan. 14, and all farms must be in compliance with the new rule by Nov. 10. Farms in operation before Aug. 16, 2002, are required to maintain their plans in the interim until revisions under the new amendments are made by the compliance deadline. Follow this link to the rule itself: www.epa.gov/emergencies/docs/oil/spcc/spccrule_signed.pdf. The NCBA will soon complete its analysis and outline of the final rule, and will send it to members in a subsequent affiliate update. If you have any questions about the rule, please call Tamara Thies at 202-347-0228 anytime.
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