At a March 31st meeting with over 250 stakeholders, the Environmental Protection Agency (EPA) outlined the terms of the settlements with the American Petroleum Institute (API) and Petroleum Marketers Association of America (PMAA) and detailed the agency's plan for implementing Spill Protection, Control and Countermeasure (SPCC) rules by the August 17, 2004 compliance date. API and PMAA had sued the EPA to block implementation of new SPCC regulations.

NATA and aviation coalition partners attending the meeting and hoping for resolution of long unanswered questions discovered that the EPA has yet to clearly define the scope and impact of SPCC requirements on several areas in dispute, but planned to proceed with the current compliance date. However, to NATA the most alarming news was the idea that for open issues the EPA would issue a memorandum stating that these areas would receive "a low enforcement priority" until final regulatory language could be developed.

Items of particular importance to the aviation fueling community are loading and unloading racks, motive power, piping requirements and mobile refuelers. While an attempt was made to explain all issues to the stakeholders attending the meeting, most issues were not defined and the EPA stated that they did not know the details of how they were going to implement the rule.

An EPA spokesman explained that the agency would not disclose the final implementation plan at the meeting because one had not yet been outlined. The official expected that an implementation plan would be available in a few weeks and that "further rulemaking is likely" for policy clarifications and small facility plans. Some items that were mentioned as needing possible rulemaking were motive power, integrity testing, transfer stations other than loading racks, mobile containers and piping.

NATA objects to the idea of a memorandum emphasizing a "low enforcement priority" because it will leave the industry in an unsound compliance situation. NATA is not alone in this concern as noted in a letter dated March 30, 2004, to the EPA from Senator James M. Inhofe (R-OK--below, right).

Senator Inhofe stated that he supports the industry position that the proposed memorandum "is not sufficient to protect stakeholders from enforcement action or lawsuits and the agency should consider other avenues for proceeding."

"The Aviation Coalition has repeatedly emphasized the need to resolve applicability and compliance questions prior to implementation, and we are appreciative of Senator Inhofe's support to ensure that the EPA acts in a responsible manner," stated Eric Byer, NATA's director of government and industry affairs.

"It is simply 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," Byer noted.

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).

The EPA published final amendments to the SPCC rule in July 2002 with a compliance date in August 2002. The agency later extended the compliance date to the current August 17, 2004 date to permit further review of the regulation.

FMI: www.nata-online.org