Spill Prevention, Control, and Countermeasure
EPA Finalizes Dairy Exemption Sought by NMPF for Oil Spill Regulation of Milk Tanks
On April 12, 2011, the U.S. Environmental Protection Agency (EPA) today issued a final exemption clarifying that dairy farms don’t have to treat milk the same as petroleum products under the Spill, Prevention, Control, and Countermeasure (SPCC) regulation. NMPF has been working with Congress and the EPA for two years to win the exemption for dairy farmers, so that their bulk milk storage equipment doesn’t get regulated under the SPCC rules, since milk storage is already regulated as part of the current Grade A Pasteurized Milk Ordinance (PMO).
NMPF Releases Farmer-Friendly Tool to Assist Dairy Producers in Developing Oil SPCC Plans
NMPF announced on September 22, 2010 that it had completed the development of a self-certification template tool* to assist dairy producers in developing Spill Prevention, Control, and Countermeasure (SPCC) plans that covered all fuel and oil storage on the farm. The template, developed with assistance from the U.S. Department of Agriculture’s Natural Resources Conservation Service (NRCS), provides dairy producers with a valuable tool to successfully implement SPCC plans on their farms and continue to be excellent stewards of our environmental resources.
The three-part online tutorial contains more detail on how to complete the template.
*NMPF's self-certification template tool was updated in April 2012 to reflect the EPA's changed compliance deadlines.
NMPF Comments on Proposed Compliance Deadline Extension to SPCC Rules for Dairy Producers
On August 18, 2010, NMPF submitted comments in support of EPA’s proposed compliance deadline extension for dairy producers for the Spill Prevention, Control, and Countermeasure (SPCC) regulations. In the comments, NMPF urged the EPA to extend the compliance deadline until one year after the bulk milk exemption is finalized. The comments also expressed support for EPA's proposed rule to exempt certain milk containers and associated piping and appurtenances from the SPCC rule (74 FR 2461; January 15, 2009) and encourage EPA to finalize this rulemaking as soon as possible.
EPA to Delay Deadline for Spill Control Regulation of Bulk Milk Tanks
In May 2010, NMPF sent a letter to the Environmental Protection Agency (EPA) requesting action to provide certainty in the SPCC regulations so that dairy producers could appropriately make decisions on their need for regulatory compliance. In a letter to NMPF dated June 9, 2010, the EPA committed to finalizing the SPCC exemption for bulk milk storage “as expeditiously as possible …to have that process completed by early 2011.” In addition, EPA will be extending the compliance deadline for dairy producers until that time.
NMPF Requests Finalization of SPCC Regulations from EPA
On May 24, 2010, NMPF sent a letter to the Environmental Protection Agency (EPA) requesting finalization for the bulk milk storage exemption from the Spill Prevention, Control, and Countermeasure (SPCC) rule. On January 15, 2009, EPA proposed to exempt bulk milk storage that is subject to the PMO from requirements of the SPCC to provide significant relief to dairy farmers by removing a great number from having to produce a SPCC plan (those under 1320 gallons of storage) and moving many more into the self-certification option rather than requiring a professional engineer-certified plan (storage capacity above 10,000 gallons or a single storage container above 5,000 gallons). In the letter, NMPF requested that EPA finalize the exemption quickly to allow dairy producers adequate time to comply with the SPCC regulatory deadline later this year.
The letter is available here.
NMPF and NCFC Submit Joint Comments Regarding Proposed EPA Amendment to SPCC Rule
On February 17, 2009, NMPF and the National Council of Farmer Cooperatives (NCFC) sent a letter to the Environmental Protection Agency (EPA) regarding a proposed amendment to the Spill Prevention, Control, and Countermeasure (SPCC) rule. The amendment would exempt milk containers and associated piping and appurtenances from the SPCC requirements, provided they are constructed according to the currently applicable 3-A Sanitary Standards and are subject to the current applicable Grade "A" Pasteurized Milk Ordinance (PMO) or State dairy regulatory equivalent to the current applicable PMO.
The letter is available here.