SPCC Membership Update | National Air Transportation Association

Membership Update
April 23, 2009

This month’s delay in the effective date of the December 2008 SPCC rule changes has created some confusion in the aviation industry. The reason for this is the overlapping of multiple rule changes, and their associated effective and compliance dates. A regulation’s effective date is the date that the regulations are codified and appear as part of the current Code of Federal Regulations. At times, particularly with significant regulatory changes, the rules can include a compliance date that is some period of time after the effective date. The compliance date, when specified, is that date by which all those subject to the regulation must be compliant. In the absence of separately listed dates, the effective date is also the compliance date.

The dates of compliance for rulemakings finalized in 2002 & 2006 rule changes are linked, and had been extended to November 20, 2009 by a December 2008 rule change. However, the December 2008 rule changes have had their compliance date extended to January 14, 2010. When this was done, the EPA removed all references to the November 20, 2009 date, and reverted to the earlier July 1, 2009 date of compliance for the 2002 & 2006 rule changes.
With regard to SPCC requirements, there are currently three rule changes applicable to the general aviation industry:

Rulemaking Date	Rule Changes	Compliance Date (as of April 23, 2009)
August 2002 View 2002 Rule Changes	Major restructuring of SPCC Rule	July 1, 2009
December 2006 View 2006 Rule Changes	Exemption of mobile refuelers from sized secondary containment requirement Provides opportunity for certain small operators to self-certify their SPCC plan	July 1, 2009
December 2008 View 2002 Rule Changes	New definitions of “facility” and of “loading/unloading racks” Provision of a new streamlined approach for smaller facilities (template) Amendment of the facility diagram requirement Amendment of the integrity testing requirement	January 14, 2010 View the extension of compliance

Current SPCC Rule Compliance Date Details

2002 & 2006 Rule Changes

Facilities beginning operation on or prior to August 16, 2002, must maintain their current plan and implement the 2002 & 2006 amendment prior to July 1, 2009.
Facilities beginning operation after August 16, 2002, must prepare and implement their SPCC prior to July 1, 2009.
Facilities beginning operation after July 1, 2009, must prepare their SPCC plan prior to beginning operations.

2008 Rule Changes
Compliance is now required on January 14, 2010. The small operator template may not be used until this date.

Further Changes Possible
It is possible that the EPA could further amend the compliance dates for the various regulatory changes. If any new information is published, NATA will alert members as soon as possible.

For more information or questions please contact:
Mike France
NATA Manager, Regulatory Affairs