Oct 18, 2011

EPA - SPCC Farms Compliance Date Extension

The following is an update from EPA's Superfund, TRI, EPCRA, RMP & Oil Information Center:
On October 18, 2011, EPA published a direct final rule that extended the compliance date by which farms must prepare or amend and implement their SPCC Plans to May 10, 2013.  For the purposes of SPCC, a farm is defined as a facility on a tract of land devoted to the production of crops or raising of animals, including fish, which produced and sold, or normally would have produced and sold, $1,000 or more of agricultural products during a year (40 CFR Section 112.2).  EPA is not extending the compliance date for any other facilities as other facilities are not season-dependent and are less likely to be impacted by severe weather conditions.

EPA believes that farms need additional time to come into compliance with the requirements to prepare or amend and implement an SPCC Plan due to the sheer number of farms throughout the United States, which makes it a challenge to reach those owners and operators of farms that may be subject to the SPCC regulations.  Additionally, EPA believes that farms need additional time to come into compliance as a result of widespread flooding and fires, which have impacted the ability of owners and operators of farms to comply with the SPCC Rule.

This rule is effective on November 7, 2011, without further notice, unless EPA receives adverse comments by November 2, 2011. 
This rulemaking and a link to comment electronically can be found on Regulations.gov in Docket ID EPA-HQ-OPA-2011-0838.

Additional information about the rule is available at the following URL:
www.epa.gov/emergencies/content/spcc/spcc_extfarms.htm