In a letter dated November 26, 2002, Mr. Michael Cook, the Director of the U.S. Environmental Protection Agency's (USEPA’s) Office of Emergency and Remedial Response, indicated that the USEPA would suspend the February 17, 2003, deadline for the re-certification of SPCC Plans and the August 18, 2003, Plan implementation date. These deadlines were established as a part of the recent revisions to the nearly 30-year-old SPCC Rules that govern the bulk storage of oil. The suspension is the result of claims by various industry groups that the changes in the July 17, 2002, revision to the rule represent undue hardships on the regulated community and lack clarity on several key items in the rule. 

Based on PSARA’s conversations with Mr. Mark Howard of the USEPA, only the dates in the new SPCC rules have been suspended. The other aspects of the new rule, such as the exemption of regulated underground storage tanks, the removal of the 660-gallon single vessel aboveground storage trigger, and the exclusion of all storage vessels less than 55 gallons from the aggregate storage calculation, remain in effect during the interim period. Mr. Howard did indicate, however, that a new final version of the SPCC Rule may be different than the current version rule based on USEPA’s research and the outcome of several lawsuits brought against the Agency.

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