Illinois Oil Spill Suit

According to this press release, the Illinois Attorney General has filed suit against independent producer Capco Offshore of Texas, Inc., for a spill of thousands of gallons of oilfield waste, including brine and crude oil, into ditches and farmland in Jasper County, Illinois.  The suit alleges "water pollution and oil spill liability claims for the April 5 overflow of a concrete storage pit at the well site just south of Willow Hill. After a citizen complaint, the Illinois Department of Natural Resources’ Office of Mines and Minerals (IDNR/OMM) and the Illinois Environmental Protection Agency (IEPA) estimated at least 1,000 barrels, or 42,000 gallons, overflowed at the site near the Embarras River."

SPCC Compliance Dates Extended

U.S. EPA has announced that it is extending the deadline for complying with recent amendments to its Spill Prevention, Control, and Countermeasure (SPCC) Rule to November 10, 2011, for most onshore production facilities.

There was only a month to go!

[Update:  Here's a copy of the federal register notice.  You know, to make it official.  (Bumped.)]

More SPCC Regulation on the Horizon?

Federal spill prevention control and countermeasure (SPCC) regulation has been at the forefront of recent U.S. EPA regulatory initiatives (see here, e.g.).  The U.S. House Committee on Energy and Commerce is working on legislation that suggests we may see even more changes to the SPCC Rule in the near future.  See here (linking to H.R. 5626, known as the "Blowout Prevention Act of 2010" and - as drafted today - which would apply to certain non-marginal onshore production wells).

Oil Spill Rule Final Amendments Announced

U.S. EPA has announced that it finalized amendments to the Oil Spill Prevention, Control and Countermeasure (SPCC) Rule designed to clarify and tailor regulatory requirements to particular industry sectors.  Once the rule gets posted, we will provide an update.

[Update:  For a pre-publication copy, see here.]

EPA Imposes SPCC Fine

In a separate matter, U.S. EPA has imposed a $7,150 fine on the Hunt Oil Company for violating federal Spill Prevention, Control and Countermeasure (SPCC) regulations by failing to provide the required secondary containment and documentation of plan approval.

SPCC Final Rule - Compliance Dates

U.S. EPA has set November 10, 2010, as the date by which facilities must prepare or amend, and implement changes to, their SPCC Plans to comply with substantive amendments finalized on December 5, 2008 (and earlier, where applicable).  Contrary to previous agency proposals, this date applies to all facilities, including those that meet the "qualified facilities" criteria - meaning that small production facilities are required to meet this deadline as well.

Moreover, EPA emphasized:

[T]hese compliance date amendments affect only requirements of the July 2002 and December 2006 SPCC rule amendments *** that impose new or more stringent compliance obligations than did the 1973 SPCC rule. Provisions in these amendments that provide regulatory relief are not affected by these compliance date amendments because they would not require amendments to existing Plans ``to ensure compliance'' (see Sec. 112.3). Provisions in these amendments that provide regulatory relief to facilities are applicable as of the effective date of the amendment.

Thus, EPA states, "Once the December 2008 rule *** becomes effective, the regulatory relief applies immediately but the facility owner or operator must amend the SPCC Plan to include more stringent provisions by the compliance date."

A copy of the final rule can be found here.

Deadline Extension for SPCC Compliance

U.S. EPA has announced that it is extending the deadline for compliance with recent, substantial amendments to the SPCC Rule until January 14, 2010.  EPA will also be asking for comment on whether a further extension of the rule may be warranted for some regulated entities.