United States                  Office of Solid Waste                       540-F-11-001
             Environmental Protection       and Emergency Response                        April 2011
             Agency                                                   www.epa.gov/emergencies
Spill  Prevention, Control, and Countermeasure (SPCC) Final Rule
Amendment

Exemption for All Milk and Milk Product Containers, Associated Piping and Appurtenances

EPA is finalizing the SPCC amendments proposed on January 15, 2009 (74 FR 2461). These
amendments streamline requirements for the dairy and milk products industries.

What changes is EPA finalizing?

The final rule:
      Exempts all milk and milk product containers, associated piping and appurtenances from
       SPCC applicability and requirements;
      Excludes the capacity of the exempt containers, associated piping and appurtenances from a
       facility's total oil storage capacity calculation to determine if the facility needs to comply with
       SPCC; and
      Removes the compliance date requirements for the exempt containers.

Why is EPA finalizing this exemption?

Milk and milk products are stored and handled uniquely from other oils. Because milk and milk
product containers are subject to certain specific construction and sanitation standards and
requirements, the Agency believes that compliance with the SPCC requirements is not necessary.
Specifically, milk and milk product containers  subject to the Pasteurized Milk Ordinance (PMO) are
required to have operating permits, and are subject to inspections by the State dairy regulatory
agencies.  PMO establishes criteria for the permitting, inspection and enforcement of milk and milk
product handling equipment and operations that govern all processes for milk intended for human
consumption.  Likewise, the U.S. Department of Agriculture (USDA) Recommended Requirements for
Milk and Manufacturing Purposes and its Production and Processing has developed and maintains a
set of model regulations relating to quality and sanitation requirements for the production and
processing of manufacturing grade milk, which are recommended for adoption and enforcement by
the various States that regulate manufacturing grade milk. These model  regulations are
recommended for adoption and enforcement by the States and contain criteria similar to the PMO for
milk for manufacturing purposes and its products. Milk and milk product containers, associated piping
and appurtenances are generally constructed according to industry 3-A Sanitary Standards, which
satisfy both the PMO and the USDA Recommended Requirements. The Agency believes  that the
combination of these measures satisfactorily address the prevention of oil discharges in quantities
that are harmful.

Why is EPA removing the SPCC compliance date requirements for these containers?

The compliance date for the owner or operator of a facility to comply with the SPCC requirements for
these milk and milk product containers was delayed one year from the  effective date of a final rule
specifically addressing them, or as established by rule.  This was to provide time for facilities to
prepare or amend their SPCC Plans, as well as implement them. Because EPA is exempting the milk
and milk product containers, associated piping and appurtenances for which the delay was
established, a compliance date for these containers is no longer necessary.
Office of Emergency Management

-------
Final SPCC Rule Exemption for Milk and Milk Product Containers                        April 2011
                                  For More Information
Read the SPCC rule amendment
http://www.epa.gov/emergencies/spcc
Review the Oil Pollution Prevention regulation (40 CFR part 112)
http://www.gpoaccess.gov/cfr/

Call the Superfund, TRI, EPCRA, RMP, and Oil Information Center
(800) 424-9346 or (703) 412-9810; TDD (800) 553-7672 or (703) 412-3323
http://www.epa.gov/superfund/resources/infocenter

                           To Report an Oil or Chemical Spill

Call the National Response Center
(800) 424-8802 or (202) 267-2675; TDD (202) 267-4477
Office of Emergency Management

-------