EPA extened SPCC deadlines for farms

On October 18, 2011, EPA published a direct final rule that extended the compliance date by which farms must prepare or amend and implement their SPCC Plans to May 10, 2013.  For the purposes of SPCC, a farm is defined as a facility on a tract of land devoted to the production of crops or raising of animals, including fish, which produced and sold, or normally would have produced and sold, $1,000 or more of agricultural products during a year (40 CFR Section 112.2).  EPA is not extending the compliance date for any other facilities as other facilities are not season-dependent and are less likely to be impacted by severe weather conditions.

California Cap and Trade final regulations to pass soon

The California Air Resources Board (CARB) has released its “Final Regulation Order and Compliance Offset Protocols” (FRO) in preparation for the Board’s forthcoming hearing this week on October 20th and 21st.

The CARB Board is expected to pass the rule on October 20th or 21st after public testimony at the board meeting.   Assuming the Board approves the rule, the final rule must go to the Office of Administrative Law by October 28, 2011 in order to be implemented in 2012.   CARB will begin implementing the program in 2012, including two quarterly auctions in the second half of the year followed by initial industrial allowance allocations. By 2013, regulated facilities will be subject to full compliance and enforcement by CARB.