(Or, where DOT ended, EPA begins!)
A recurring question often arises when we prepare Spill Prevention, Control and Countermeasure (SPCC) Plans for clients who load or unload tankers, deliver oils to customer locations, or maintain a fleet of tanker trucks or railroad cars that may or may not remain at their facilities for a time. Are these road or rail tankers subject to SPCC requirements when they’re parked at the facility? And so, do we need to count the tanker capacity when determining if the SPCC rule even applies?
The answer is complicated (of course). It requires an understanding of when or if the truck or rail tanker ceases to be “transportation-related” equipment subject to regulation by the Department of Transportation and instead should be considered “non-transportation-related” equipment addressed by the EPA’s Oil Pollution Prevention rules (40 CFR Part 112).
Continue reading “Oil Spill Prevention: Understanding the Memorandum of Understanding”
The US Environmental Protection Agency (EPA) has issued its proposed rulemaking pertaining to the issuance of regulations for the prevention of spills or releases of Clean Water Act (CWA) hazardous substances. The proposal, published in the June 25 Federal Register, concludes that no additional regulatory requirements are necessary at this time.
EPA’s review of whether to propose new regulations to prevent releases of hazardous substances was prompted by a 2015 lawsuit that charged EPA with failure to comply with its duty under CWA Section 311 to issue regulations for the prevention and control of hazardous substance spills from on-shore facilities. A February 2016 Consent Agreement established a schedule for EPA to sign “a notice of proposed rulemaking pertaining to the issuance of the Hazardous Substance regulations” and take final action after notice
Continue reading “Hazardous Substance Spill Prevention: The Proposed Action is No Action at all!”