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On August 18th, NMPF submitted comments in support of EPA’s proposed compliance deadline extension for dairy producers for the Spill Prevention Control and Countermeasure (SPCC) regulations.

The goal of the SPCC program is to prevent oil spills into waters of the United States and adjoining shorelines. A key element of the program calls for farmers and other facilities to have an oil spill prevention plan, called an SPCC plan. The SPCC plans are required for farms which have an aggregate storage capacity of oil products of 1320 gallons, or more, for every storage container larger than 55 gallons. A farm with less than 10,000 gallons of total storage capacity and no single storage greater than 5,000 gallons can self-certify its SPCC plan. Farms that do not meet this exemption must have a plan certified by a professional engineer. NMPF specifically:

• Supported extending the compliance deadline until one year after the bulk milk exemption is finalized, and discouraged EPA from establishing a new compliance date in rulemaking that would be less than one year after the bulk milk exemption is finalized. Background: EPA stated that the “compliance date would be delayed one year from the effective date of a final rule specifically addressing SPCC requirements for these milk containers, associated piping and appurtenances, or as specified by a rule that otherwise establishes a new compliance date for these facilities” [emphasis added].
• Requested that EPA extend the compliance date for all facilities with bulk milk storage, regardless of business start date, to one year after the bulk milk storage exemption is finalized. Background: As proposed by EPA, a facility with bulk milk storage that was in operation on or before August 16, 2002, must have an SPCC plan in place now (for all other fuel and oil storage), and would need to make necessary amendments to its SPCC plan and fully implement those by one year after the bulk milk storage exemption is finalized. If a facility with bulk milk storage came into operation after August 16, 2002, but before November 10, 2011, it would be required to prepare and fully implement an SPCC plan by one year after the bulk milk storage exemption is finalized. This bifurcated compliance deadline for dairy facilities is unnecessarily complex.
• Continued to support EPA’s proposed rule to exempt certain milk containers and associated piping and appurtenances from the SPCC rule, and encouraged EPA to finalize this rulemaking as soon as possible.Background: EPA has had roughly 18 months to review public comments and finalize the milk container rule. The rule is straightforward, and any action counter to the proposed rule for milk containers would only add to the confusion for dairy producers on how and when to comply.

NMPF’s comments can be viewed online.