New SPCC Rules Coming: Another Example of Regulation by Litigation

摘要

Here we go again! As part of a recent settlement of a sue-to-settle lawsuit, the Environmental Protection Agency (EPA) has agreed to initiate a rulemaking to expand its Spill Prevention, Control and Countermeasure (SPCC) program beyond "oil" to "hazardous substances." Under the terms of the settlement, entered by the federal court as a consent decree, EPA agreed to an aggressive rulemaking schedule, with a final rule to be promulgated by late 2019. The rulemaking, if finalized, would result in a massive expansion of EPA's SPCC program and would have a substantial cost impact on thousands of facilities and manufacturing processes, including ILMA members and their customers.