Why is EPA finalizing the "Exemption for All Milk and Milk Product Containers, Associated Piping and Appurtenances" proposed rule?

Milk and milk products are stored and handled uniquely from other oils. Because milk and milk product containers are subject to certain specific construction and sanitation standards and requirements, the Agency believes that compliance with the SPCC requirements is not necessary. Specifically, milk and milk product containers subject to the Pasteurized Milk Ordinance (PMO) are required too have operating permits, and are subject to inspections by the State dairy regulatory agencies. PMO establishes criteria for the permitting, inspection and enforcement of milk and milk product handling equipment and operations that govern all processes for milk intended for human consumption.

Likewise, the U.S. Department of Agriculture (USDA) Recommended Requirements for Milk and Manufacturing Purposes and its Production and Processing has developed and maintains a set of model regulations relating too quality and sanitation requirements for the production and processing of manufacturing grade milk, which are recommended for adoption and enforcement by the various States that regulate manufacturing grade milk. These model regulations are recommended for adoption and enforcement by the States and contain criteria similar to the PMO for milk for manufacturing purposes and its products. Milk and milk product containers, associated piping and appurtenances are generally constructed according to industry 3-A Sanitary Standards, which satisfy both the PMO and the USDA Recommended Requirements. The Agency believes that the combination of these measures satisfactorily address the prevention of oil discharges in quantities that are harmful.

Additional information about the exemption for milk and milk product containers, associated piping, and appurtenances is available at the following URL:

www2.epa.gov/oil-spills-prevention-and-preparedness-regulations/milk-exemption-under-spcc-rule