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Upcoming and Recent Compliance Dates
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Use this checklist as a reminder of important environmental compliance dates that you may have to meet. For details on programs, follow the links to get more Ag Center information.
UPCOMING COMPLIANCE DATES
Extension of Compliance Dates for the CAFO NPDES Program - A final rule issued July 18, 2007 extends the deadline, establishing February 27, 2009 as the new date for newly defined CAFOs to seek NPDES permit coverage and for permitted CAFOs to develop and implement nutrient management plans (NMPs) as required by EPA’s 2003 CAFO rule.
In a February 2006 rulemaking (PDF, 95KB), EPA extended the same compliance dates to July 31, 2007 (71 FR 6978). EPA revised the dates to allow time to finalize the regulations in response to the Second Circuit Court of Appeals decision in Waterkeeper Alliance et al. v. EPA, 399 F.3d 486 (2nd Cir. 2005).
The deadline extensions are necessary to allow EPA time to respond adequately to an array of public comments on issues raised by the Second Circuit’s decision before certain compliance dates take effect. The February 27, 2009 deadlines will provide additional time, after the final rule in response to Waterkeeper is promulgated, to allow States, the regulated community, and other stakeholders the opportunity to adjust to the new regulatory requirements.
- More Information on the 2005 Second Circuit Court Decision on CAFOs
- Summary of the Second Circuit Court Decision (PDF, 127KB)
- Fact Sheet, Proposed Extension of CAFO Compliance Deadlines (PDF, 34KB)
EPA Extends SPCC Compliance Dates - In 1973, EPA issued the Oil Pollution Prevention regulation to address the oil spill prevention provisions contained in the Clean Water Act of 1972. The regulation forms the basis of EPA's oil spill prevention, control, and countermeasures, or SPCC, program, which seeks to prevent oil spills from certain aboveground and underground storage tanks.
Final Action to Amend the Spill Prevention, Control, and Countermeasure (SPCC) Rule
In December 2006, EPA amended the SPCC rule to streamline some of its requirements. As part of the Oil Pollution Prevention regulation, the SPCC rule outlines requirements for prevention of, preparedness for, and response to oil discharges. Regulated facilities, including some farms, must develop and implement SPCC Plans that establish procedures and equipment requirements to help prevent oil discharges from reaching waters of the United States or adjoining shorelines.What is a “farm” for purposes of the SPCC rule?
In the SPCC rule, EPA defines a farm 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.”
What farms are subject to the SPCC rule?
The SPCC rule applies to owners or operators of farms that:
- Store, transfer, use, or consume oil or oil products, and
- Could reasonably be expected to discharge oil to waters of the United States or adjoining shorelines. Farms that meet these criteria are subject to the SPCC rule if they meet at least one of the following capacity thresholds:
- Aboveground oil storage capacity greater than 1,320 gallons, or
- Completely buried oil storage capacity greater than 42,000 gallons.
The following are exempt from the SPCC rule:
- Completely buried storage tanks subject to all the technical requirements of the underground storage tank regulations
- Containers with a storage capacity less than 55 gallons of oil
- Wastewater treatment facilities
- Permanently closed containers
- Motive power containers (e.g., automotive or truck fuel tanks)
What are the compliance dates for farms?
In December 2006, EPA extended the compliance dates for preparing or amending, and implementing SPCC Plans for farms until the Agency promulgates a rule specifically addressing how farms should be regulated under the SPCC rule. During the extension, EPA will determine how to better tailor and streamline the SPCC rule for farms.
A farm starting operation… Must... On or before August 16, 2002*
- Maintain its existing SPCC Plan based on the SPCC requirements prior to the new 2002 amendments
- Amend and implement the SPCC Plan when EPA promulgates a rule specific for farms and specifies a compliance date for farms
After August 16, 2002*
- Prepare and implement an SPCC Plan when EPA promulgates a rule specific for farms and specifies a compliance date for farms
* August 16, 2002 is the date that the amended SPCC rule became effective.
- Information for Farms about the December 2006 Revisions to SPCC Requirements
- Oil Spill Program
- Federal Register notice 71 FR 8462 (PDF, 6 pp. 127 KB)
- EPA Administrator Signs Final Rule to Amend the SPCC Rule (December 2006)
- EPA press release on the Final Rule on Oil Spill Prevention, Control, and Countermeasures
- SPCC Rule Amendment: Animal Fats and Vegetable Oils Fact Sheet
January 2001 - January 2008: Motor Vehicle Waste Disposal Well Rule - In general, compliance with the new Motor Vehicle Waste Disposal Well (PDF, 459KB) rule will be required between April 2001 and January 2005 for motor vehicle waste disposal wells located in groundwater protection areas. For wells located in sensitive ground water areas, the compliance date could range from January 2004 to January 2008.
The schedule for you to meet the regulatory requirements varies from State to State. Contact the Underground Injection Control Program in your State to find out when you will need to comply with the revised regulation.
You can also call the Safe Drinking Water Hotline at 1-800-426-4791 to find out whom to call in your State for this information.
RECENT COMPLIANCE DATES
December 31, 2005 - Chlorpyrifos Pre-Construction Termiticide Products Phase Out - As of December 31, 2005, chlorpyrifos products may no longer be distributed, sold, or used for pre-construction termite control. On August 30, EPA released a notice to distributors, retailers, and pest control operators, reminding them of this deadline and providing an exit strategy for chlorpyrifos pre-construction termite control products. The notice provides information to help sellers and users make informed decisions about managing their existing inventories of these products, including stocks that remain after the end of this year. EPA’s goal in issuing the notice is to identify companies or individuals who anticipate having remaining stocks after December 31, and to work with them and their state pesticide regulatory officials sooner rather than later to develop strategies for lawfully depleting these stocks. For example, relabeling and/or stickering the products for other lawful uses already on the label can help deplete any existing stocks. The termination of chlorpyrifos pre-construction termite control use is the result of a June 2000 agreement between EPA and the manufacturers to phase out and cancel most residential uses of chlorpyrifos. Following this agreement, the Agency completed an Interim Reregistration Eligibility Decision (IRED) for the organophosphate pesticide chlorpyrifos in September 2001.
- Press Release (September 30, 2005)
- Phase-out notice (PDF, 173KB)
- More information on chlorpyrifos
December 31, 2004: Phaseout of Diazinon (residential uses) - As part of an agreement between EPA and diazinon registrants to phase out and eliminate all residential uses of the insecticide diazinon, as of December 31, 2004, it will be unlawful to sell diazinon outdoor, non-agricultural products in the United States. EPA is issuing a reminder notice to hardware stores and home and garden retailers to inform them of the December 31, 2004, stop sale date for all outdoor diazinon home, lawn, and garden products.
Discontinuing diazinon use in home, lawn and garden care is part of EPA's ongoing effort under the 1996 Food Quality Protection Act to reduce the risk of pesticides, especially to children. After Dec. 31, 2004, diazinon registrants are offering a "buy back" program to assist with removing these products from the market and preventing further sale. The registrants will repurchase any unopened, unused outdoor residential products from retailers or formulators. As of Jan. 1, 2005, retailers should remove all diazinon outdoor home, lawn and garden products from store shelves and store them safely until these products can be sold back to the manufacturers or disposed of properly.
Consumers may continue to use diazinon residential products according to label directions and precautions. If consumers choose to discontinue use, they should contact their state or local hazardous waste disposal program or local solid waste collection service for information on proper disposal. Consumers are advised not to dispose of pesticides in sinks, toilets, storm drains, or any body of water. The local government may recommend that consumers take diazinon products to a household hazardous waste collection site. An organophosphate pesticide, diazinon has been one of the most widely used insecticides in the U.S. for household lawn and garden pest control, as well as for indoor residential treatments. All indoor use product registrations have been canceled, and retail sale of these products ended on Dec. 31, 2002.
October 1, 2003 - December 31, 2004: Ethion Voluntary Cancellation - EPA published a notice of receipt of registrants' request for voluntary cancellation of the organophosphate pesticide ethion. Ethion is registered for use on citrus in Florida and Texas and on cattle in ear tags. According to the request for voluntary cancellation, sale of manufacturing use products will end October 1, 2003. EPA expects that use of such products would end by December 31, 2003. End-use products could be sold until October 1, 2004, and EPA expects use of these products would end December 31, 2004.
June 21, 2004: Risk Management Plan Five-Year Update Requirement - RMPs must be updated at least once every five years. The majority of facilities submitted their initial RMP's by the original June 21, 1999 deadline and have not resubmitted their RMPs since. This means that most RMP's must be fully updated and resubmitted by June 21, 2004. Owners and operators responsible for RMP implementation should review the fact sheet"A Checklist for Resubmitting your Risk Management Plan (RMP) for Chemical Accident Prevention" (PDF/ 53 KB). This fact sheet covers information important to the 2004 resubmissions as well as provides a checklist to consider in updating and resubmitting RMPs.
Five-Year Anniversary Date
If you submitted your initial RMP before the original June 21, 1999-deadline,
you are required to submit your 5-year update by June 21, 2004, not before.
EPA's interpretation of the regulations is that RMPs initially due on
June 21, 1999 must be updated by June 21, 2004, not before. If you submitted
your initial RMP after June 21, 1999, or have resubmitted since your initial
submission, your five-year anniversary date is calculated as five years
from the postmark date of your latest submission.
- More information on EPA's Risk Management Program
- Risk Management Program Overview
- Checklist for Resubmitting your Risk Management Plan (PDF, 53KB)
December 2002 - October 2003: Ethyl Parathion Cancellation Order - On May 2, EPA published in the Federal Register the Notice of Receipt of Cancellation Requests and Amendments for ethyl parathion. The registrant has requested that use of ethyl parathion on corn grown for seed stop immediately and that registrations for manufacturing-use products be canceled. End-use products are to be canceled and sales and distribution by registrants were to be stopped by December 31, 2002. All sales and distribution of ethyl parathion products were to be stopped by August 31, 2003, and all use was to be stopped by October 31, 2003.
December 31, 2002: Diazinon Cancellation Order - On August 1, EPA published in the Federal Register the Notice of Receipt of Cancellation Requests and Amendments for diazinon. Eight registrants have requested that registrations for end-use products for all indoor and certain agricultural uses be canceled. Retail sale of existing stocks of products labeled for indoor uses listed in this notice, except mushroom houses, will not be lawful after December 31, 2002. Retail sale of existing stocks labeled for canceled agricultural uses or outdoor non-agricultural uses will be allowed until 1 year after issuance of the final cancellation order. Retail purchasers may continue to use canceled products in accordance with existing labels.
EPA has published a cancellation order for registrations for all indoor uses, certain agricultural uses, and certain outdoor non-agricultural uses for end-use diazinon products belonging to eight registrants. This order follows up on the August 1 publication in the Federal Register of the Notice of Receipt of Cancellation Requests and Amendments. Retail sale of existing stocks of products labeled for indoor uses listed in this notice, except mushroom houses, will not be lawful after December 31, 2002.
- Federal Register notice
- December agreement between EPA and the registrants (PDF, 21.5KB)
- Diazinon documents
September 9, 2002: Methyl Bromide Critical Use Exemptions - EPA is soliciting applications for the Critical Use Exemption from the phaseout of methyl bromide. This application process offers users of methyl bromide the opportunity to provide technical and economic information to support a "critical use" claim. Applications for the Critical Use Exemption must be postmarked on or before September 9, 2002.
April 17, 2001: Further Revisions to Clean Water Act Regulatory Definition of "Discharge of Dredged Material" - The final rule (effective April 17, 2001) by EPA and the Corps of Engineers enhances protection of the Nation's aquatic resources, including wetlands, by clarifying those types of activities that are likely to result in a discharge of dredged material subject to Clean Water Act Section 404. The final rule modifies the definition of "discharge of dredged material" by clarifying what types of activities EPA and the Corps of Engineers believe typically result in regulable discharges, based on the nature of the equipment and agency experience. The rule indicates that the Corps and EPA regard the use of mechanized earth moving equipment to conduct landclearing, ditching, channelization, in-stream mining, or other earth-moving activity in waters of the U.S. as resulting in a discharge of dredged material, unless project-specific evidence shows that the activity results in only "incidental fallback." The rule also provides a definition of what constitutes non-regulable incidental fallback that is consistent with the Court decision.
May 2001: Diazinon Cancellation Order - EPA has issued a cancellation order for certain uses of the pesticide diazinon, based on requests by the registrants and an agreement between the registrants and EPA reached in December 2000. The Federal Register Notice lists the uses that have been canceled, the uses that remain in effect, and the provisions for sale and use of existing stocks of diazinon labeled for uses that have been canceled.
December 22, 1998: Underground Storage Tanks - Deadline for Underground Storage Tank system owners or operators to upgrade, replace, or close substandard systems.
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