On December 12, 2005, U.S. EPA published two proposed rules related to Spill Prevention, Control, and Countermeasures (SPCC) regulations. The first proposed rule extends the date by which facilities must prepare or amend and implement SPCC Plans to comply with the new requirements. A facility that was in operation on or before August 16, 2002 would have to make any necessary amendments to its SPCC Plan and implement the Plan on or before October 31, 2007. A facility that came into operation after August 16, 2002 would have to prepare and implement an SPCC Plan on or before October 31, 2007. The second proposed rule involves amendments to specific SPCC Plan requirements including: providing an option that would allow owners/operators of facilities that store less than 10,000 gallons of oil and meet other qualifying criteria to self-certify their SPCC Plans in lieu of review and certification by a Professional Engineer; providing an alternative to the secondary containment requirement, without requiring a determination of impracticability, for facilities that have certain types of oil-filled equipment; defining and providing an exemption for motive power containers; and exempting airport mobile refuelers from the specifically sized secondary containment requirements for bulk storage containers.
Even though the deadline for updating SPCC Plans to the new rule is proposed to be extended to October 31, 2007, note that all regulated facilities must maintain an effective SPCC Plan certified by management and a registered Professional Engineer at all times. In no case should a Plan be older than 5 years. The SPCC Plan must be amended when there is a change in the facility design, construction, operation, or maintenance that materially affects its potential for a discharge. The Plan must be amended within six months of the change and implemented as soon as possible, but no later than six months following preparation of the amendment. For more information on the proposed regulatory changes or on interim SPCC requirements, refer to the SPCC Date Extension Federal Register Notice and the SPCC Plan Requirement Change Federal Register Notice, or contact Mike Arozarena at 800-229-7495.
On December 19, 2005, U.S. EPA published a final rule removing methyl ethyl ketone (MEK) from the list of regulated hazardous air pollutants (HAP). MEK is typically used as a solvent in surface coatings, adhesives, printing inks, and cleaning/degreasing fluids. As a result of this rule, MEK emissions do not need to be included in future major source determinations for sitewide HAP emissions. However, MEK is still considered a volatile organic compound because of its contribution to the formation of ground-level ozone. For more information, refer to the Federal Register Notice or contact Kent Berry at 800-229-5299.
On December 19, 2005, U.S. EPA published a final rule permanently exempting from the Title V operating permit program five categories of area sources subject to national emissions standards for hazardous air pollutants (NESHAP). Area sources are sites that have the potential to emit less than 10 tons per year of any single hazardous air pollutant (HAP), and less than 25 tons per year of all HAPs combined. The five affected categories of sources are dry cleaners, halogenated solvent degreasers, chrome electroplaters, ethylene oxide sterilizers, and secondary aluminum smelters. The previous deferral from permitting for these sources expired December 9, 2004. Under most state programs, this resulted in the requirement to submit a Title V permit application for such sources by December 9, 2005. With this ruling, facilities may maintain their existing permit and do not have to obtain a Title V permit. For more information, refer to the Federal Register Notice or contact Sheri Bussard at 800-229-7495.
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