NATA Likes It

The Environmental Protection Agency (EPA) has extended an industry compliance deadline for its 2002 revisions to oil spill response and prevention rules, according to an agency source familiar with the EPA's plans. The EPA announcement, in today's Federal Register, is a result of key industry groups, including NATA, pressuring the agency for exemptions from the spill prevention, control and countermeasure (SPCC) rule, which applies to a wide range of industry sectors, including aircraft fueling.

The new proposed compliance dates are August 17, 2005, to amend an existing SPCC plan, and February 18, 2006, to implement the plan. Affected facilities that start operations between August 16, 2002, and February 18, 2006, must prepare and implement an SPCC plan by February 18, 2006. Affected facilities that become operational after February 18, 2006, must prepare and implement an SPCC plan before starting operations.

"This delay is a great relief to our members as they will no longer fear enforcement action while the EPA finally determines how the standards actually apply," said Eric Byer, director of government & industry affairs for NATA. "This is particularly important for those companies involved in fueling operations."

According to the agency, the extension is intended to give more time to those modifying and amending their existing SPCC plans. 

The EPA's plans to extend the deadline signify a reversal for the agency, since officials had earlier favored allowing the rule to take effect in August while providing enforcement discretion, or "low enforcement priority," as the agency clarifies a host of provisions industry officials say are too arduous or complicated.

"We are pleased that the Aviation Coalition's efforts to emphasize the need to resolve applicability and compliance questions prior to implementation did not go unnoticed, and we are especially appreciative of Senator Inhofe's support to ensure that the EPA acts in a responsible manner," Byer stated. "It would have simply been unacceptable and irresponsible for the EPA to permit a regulation to take effect when no one in industry or government can say what the regulations require."

The Aviation Coalition comprises NATA, the Air Transport Association (ATA), the American Association of Airport Executives (AAAE) and the Airports Council International - North America (ACI-NA).

FMI: www.nata-online.org