Oil Spill Prevention: Understanding the Memorandum of Understanding

(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).

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Rolling Back the Definition of “Waters of the US”: Good Move or Bad?

The US Environmental Protection Agency (EPA) and Army Corps of Engineers are set to roll back the regulatory definition of “waters of the United States” according to a proposal published on June 27. The definition was amended under the controversial 2015 “Clean Water Rule”, which critics charged would extend federal regulatory protection to isolated ponds and wetlands, usually dry depressions with no conceivable connection to interstate waterways, even puddles formed in a heavy rain. The 2015 rule has been stayed since October of that year, so the definition previously in place has remained in effect. This proposed rule will re-codify the previous definition as it existed prior to the 2015 rulemaking.

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