On July 17, 2002, U.S. EPA unexpectedly amended the Oil Pollution Prevention Regulation (40 C.F.R. Part 112), substantially increasing the demands imposed on producers when preparing and implementing their spill prevention, control and countermeasure (SPCC) plans. Recognizing the increased burdens placed on producers, EPA extended the deadline for compliance several times to review and address the issues created by its regulatory amendments.
Yesterday, EPA announced new, final SPCC rule amendments designed “to provide clarity, tailor requirements to particular industry sectors, and streamline certain requirements while maintaining protection of human health and the environment.” Among other things, EPA states that the revised rule will exempt intra-facility gathering lines already regulated by U.S. DOT; and “[p]roduced water containers that do not contain oil in harmful quantities.” It will also contain requirements tailored for marginal production facilities and compliance alternatives for produced water containers that are not otherwise exempt.
An update will be provided once the revised rule is posted.
[Update: A pre-publication copy of the rule can be found here.]
[Update: U.S. EPA is proposing to extend the deadlines for compliance for certain facilities, including certain oil production facilities. Comments are due December 26, 2008.]