The Environmental Protection Agency announced this month a proposed rule that would push back the compliance date for its oil spill prevention regulations and delay them even further specifically for facilities with milk containers, associated piping and appurtenances. While pleased that EPA is taking action on industry concerns, IDFA continued to call for an explicit and permanent exemption for milk and milk product containers in comments filed this week.
The proposed rule, published in the August 3 Federal Register, aims to extend the compliance date for EPA's Spill Prevention, Control and Countermeasure Rule (SPCC) to November 10, 2011, for all facilities. Noting the uncertainty surrounding the regulations for facilities, EPA proposed a delay of one year from the effective date of the final rule to give these facilities more time to prepare.
In the comments filed this week, IDFA again stated that milk and milk products are not oil and EPA should finalize its proposed extension and work on a permanent exemption.
"Without a clarification as to which milk and milk products are covered in the extension and final exemption, our industry will be uncertain as to which dairy products, if any, are subject to final SPCC regulatory requirements," the comments stated.
The term "milk products," IDFA said, includes cheese, cream, yogurt and ice cream mix, as well as other products.
"IDFA is grateful that EPA proposed action on our long-standing concern about the unnecessary inclusion of milk and milk products in the SPCC rule," the comments concluded. "Now is the time to clarify that the extension and future exemption will apply to milk and milk products."
Members with questions may contact Clay Detlefsen, IDFA vice president of regulatory affairs, at cdetlefsen@idfa.org.