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August
12 2004
ENVIRONMENTAL
UPDATE - Re: EPA Extends by 18-Months SPCC Compliance Dates
On
August 11, 2004, EPA published a final rule extending by 18
months certain upcoming compliance dates (40 CFR 112.3 (a)
and (b)) for the July 2002 Spill Prevention Control and Countermeasure
(SPCC) amendments. Under this new rule, an onshore or offshore
facility that was in operation on or before August 16, 2002
must maintain its SPCC Plan, but must amend it, if necessary
to ensure compliance, on or before February 17, 2006, and
must implement the amended Plan as soon as possible and no
later than August 18, 2006. Also, if such facility becomes
operational between August 16, 2002 and August 18, 2006, it
must prepare the SPCC Plan on or before August 18, 2006, and
fully implement it as soon as possible and no later than August
18, 2006. If the facility becomes operational after August
18, 2006, it must prepare and implement the SPCC Plan before
it begins operations.
EPA
has also amended the compliance deadlines in 40 CFR 112.3(c)
for mobile facilities. These facilities must amend its SPCC
Plan, if necessary, and implement such amendments by August
18, 2006.
EPA
has granted the extension to, among other reasons, provide
sufficient time for the regulated community to undertake the
actions necessary to prepare and update their plans and to
alleviate the need for individual extension requests under
40 CFR 112.3(f). This new rule is effective immediately.
If
you have questions related to this Environmental Update or
any other matter, please contact us at (787)751-8999, or e-mail
any of the following members of the Environmental & Natural
Resources Practice Group:
Carlos
Colón Franceschi ccf@tcmrslaw.com
Rafael Mullet Sánchez rem@tcmrslaw.com
Rafael Rivera Yankovich rryanko@tcmrslaw.com
Michelle E. Renaud-Jiménez mrenaud@tcmrslaw.com
Elí Matos Alicea ematos@tcmrslaw.com
Agustín F. Carbó Lugo acarbo@tcmrslaw.com
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