Q. My client has their 5-year review of their Spill Prevention, Control, and Countermeasure (SPCC) plan due this year. If they find shortcomings, can they still do the 5-year review/certification of the SPCC to be in compliance, if they program and budget in the project to address the shortcoming?
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A. Unfortunately, your client may not certify a plan if the facility is not in compliance with SPCC regulations. If your client is unable to prepare or amend and fully implement the SPCC Plan by the compliance date due to either non-availability of qualified personnel, or delays in construction or equipment delivery beyond the control of the owner or operator, then your client may request an extension from your EPA Regional Administrator.
The request must include:
- A full explanation of the cause for any such delay and the specific aspects of the SPCC Plan affected by the delay;
- A full discussion of actions being taken or contemplated to minimize or mitigate such delay; and
- A proposed time schedule for the implementation of any corrective actions being taken or contemplated, including interim dates for completion of tests or studies, installation and operation of any necessary equipment, or other preventive measures.