EPA Exempts Milk From Spill Control Rule

WASHINGTONThe U.S. Environmental Protection Agency (EPA) on April 12 exempted milk and milk product containers from the Oil Spill Prevention, Control and Countermeasure (SPCC) rule, a move that could potentially save the milk and dairy industries more than $140 million per year.

The regulation has been in place since the 1970s, and yesterdays ruling for the first time will ensure all milk and milk products will be formally exempted.

After receiving feedback from the agriculture community, EPA determined that this unintended result of the current regulations designed to prevent oil spill damage to inland waters and shorelines placed unjustifiable burdens on dairy farmers. To ensure the outdated rule didnt harm the agriculture community while the mandatory regulatory process proceeded, EPA had delayed SPCC compliance requirements for milk and milk product containers several times since the SPCC rule went into effect.

After working closely with dairy farmers and other members of the agricultural community, were taking commonsense steps to exempt them from a provision in this rule that simply shouldnt apply to them. Despite the myths that have arisen about EPAs intentions, our efforts have been solely focused on exempting milk and milk products from this regulationand that exemption is now permanent," said EPA Administrator Lisa P. Jackson. This step will relieve a potential burden from our nations dairy farms, potentially saving them money, and ensuring that EPA can focus on the pressing business of environmental and health protection."

The final exemption applies to milk, milk product containers and milk production equipment. Because some of these facilities may still have oil storage subject to the spill prevention regulations, EPA also is  amending the rule to exclude milk storage capacity from a facilitys total oil storage capacity calculation. EPA also is removing the compliance date requirements for the exempted containers.