On April 12, 2011, the long sought after exemption for milk containers under the Spill Prevention Control and Countermeasure (SPCC) Plan rules was announced by the United States Environmental Protection Agency (EPA). This exemption has been “in the works” since January 2009, but for a number of reasons, didn’t get finalized until last month.
What does this mean to dairy producers? According to the EPA, “The exemption is for all milk and milk product containers, piping and appurtenances, but does not exempt containers that store other oils, such as petroleum oil at dairies, milk producers and milk product manufacturing facilities. These facilities will not have to account for, or address the exempt milk and milk products containers in their SPCC Plans” (emphasis added) http://www.epa.gov/osweroe1/content/spcc/spcc_milk.htm.
So, if you are a dairy producer, the storage of milk is now exempt; however, you may be required to have an SPCC plan for all other regulated oils (e.g., storage of gasoline, oil, diesel fuel, etc…).
Provided you meet the conditions for the extension, your new deadline for development and implementation of an SPCC plan is November 10, 2011. For a more detailed discussion of the SPCC rules as they relate to the dairy industry, see our October 15, 2010, blog https://alan917.wordpress.com/2010/10/15/spcc-final-rule-%e2%80%93-but-not-the-final-word/
National Milk Producers Federation has developed an SPCC plan template for dairy producers to use. This allows you to evaluate the applicability of the SPCC plan regulations at your facility and self-certify, if applicable (http://www.nmpf.org/files/file/SPCC-Plan-Template-Final-Sept-20-2010-FORM.pdf).
As compliance/implementation may involve some capital improvements, it would be prudent to evaluate your applicability as soon as possible. If you wait until the fall of 2011 to prepare and implement your SPCC plan, you may risk missing the deadline.
If you have any questions about applicability of the SPCC plan or require assistance in preparing your plan, contact Christopher Paré (firstname.lastname@example.org) or Matthew Schroeder, P.E. (email@example.com) at 248-932-0228.