McAfee & Taft RegLINC - May 2011: Exemptions and enforcement of SPCC regulations By Heidi Slinkard Brasher

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The Clean Water Act’s Spill Prevention, Control and Countermeasure (SPCC) regulations require onshore oil production and bulk storage facilities to provide oil spill prevention, preparedness and response to prevent discharges in an effort to protect water quality. Under SPCC regulations, “oil” includes petroleum, fuel oil, sludge, oil refuse and other oils and greases such as fats, oils or greases of animal, fish or marine mammals, vegetable oils and oils mixed with waste other than dredged spoil.

Exemption

The SPCC’s definition of oil includes milk. However, due to public comment from the dairy industry, the EPA delayed SPCC compliance requirements for milk and milk product containers until November 10, 2011, while it contemplated a final rule exempting the industry. This month the EPA determined that industry construction and sanitation standards applicable to milk and milk product containers adequately addressed spill prevention and there was no need to impose the added burden of compliance with the SPCC.

Article Authored By McAfee & Taft Attorney: Heidi Slinkard Brasher.

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DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

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