New SPCC Planning for the Aviation Industry

• Relying on measures such as staging spill response materials in areas where trucks are parked, storm drain covers, increased inspections and additional training to alleviate or contain a release,
  
  
• Development of a 40 CFR 109 "strong oil spill response plan," demonstration of a formal relationship with an Oil Spill Response Organization (OSRO) and additional spill response training to provide strong oil spill response capabilities; and
  
  
• A written pledge in the SPCC Plan to work in good faith with the airport authority and other interested parties toward a permanent solution.

Since no one in the industry has mounted a legal challenge to EPA's interpretation of mobile or portable storage tanks (on the grounds, for example, that the Agency has created a new rule without complying with formal rulemaking requirements), the industry must be prepared today to comply with the relevant applicable SPCC requirements with new solutions and flexibility.