EPA Promises Proposed Hazardous Substances Tank Rule by June

MARCH 7, 2018

Macintosh HD:Users:Daniel:Desktop:Screen Shot 2018-03-07 at 1.20.24 PM.png EPA stated in its Fourth Bi-Annual Update that it will have a proposed rule signed pertaining to regulation of hazardous substances under Clean Water Act (CWA) Section 311 by June 2018, and a final, court-mandated rule by 2019. The practical impact could be to expand EPA's Spill Prevention, Control and Countermeasure (SPCC) Rule to include tanks that contain “hazardous substances.”

Since the court approved the settlement, EPA has a project team working on the proposed rule, has initiated an Information Collection Request via the Federal Register, began research and analysis of existing hazardous substances rules, held work group meetings, and secured contractor resources to support the project team. Many ILMA members' facilities are already subject to EPA's SPCC program, which currently regulates discharges of mineral and vegetable oils at any manufacturing facility that stores 1,320 gallons or more of “oil” (if stored in above-ground storage tanks) or 42,000 gallons (if stored in underground storage tanks) that could potentially be discharged into or on the “navigable waters of the U.S.”

Facilities subject to the SPCC regulations must write and implement a plan certified by a registered professional engineer that effectively lays out how the facility operator will keep an oil spill from leaving the “four corners” of the facility. ILMA believes that the rule, if promulgated as a “drop in” to the existing SPCC regulations, would result in significant annual cost impacts for covered entities, including ILMA members.