45572 Federal Register / Vol. 75, No. 148 / Tuesday, August 3, 2010 / Proposed Rules 

DATES: Comments must be received on 

or before September 2, 2010. 

ADDRESSES: Submit comments, 

identified by docket number EPA–R09– 

OAR–2010–0590, by one of the 

following methods: 

1. Federal eRulemaking Portal: 

http://www.regulations.gov. Follow the 

on-line instructions. 

2. E-mail: tax.wienke@epa.gov. 

3. Mail or deliver: Wienke Tax, Air 

Planning Office, EPA Region IX, 75 

Hawthorne Street, San Francisco, CA 

94105–3901. 

Please see the direct final rule which 

is located in the Rules section of this 

Federal Register for detailed 

instructions on how to submit 

comments. 

FOR FURTHER INFORMATION CONTACT: 

Wienke Tax at telephone number: (415) 

947–4192, e-mail address: 

tax.wienke@epa.gov, or the above EPA, 

Region IX address. 

SUPPLEMENTARY INFORMATION: For 

further information, please see the 

direct final action, of the same title, 

which is located in the Rules section of 

this Federal Register. EPA is approving 

the attainment determination as a direct 

final rule without prior proposal 

because EPA views this as a 

noncontroversial action and anticipates 

no adverse comments. A detailed 

rationale for the approval is set forth in 

the preamble to the direct final rule. If 

EPA receives no adverse comments, 

EPA will not take further action on this 

proposed rule. 

If EPA receives adverse comments, 

EPA will withdraw the direct final rule 

and it will not take effect. EPA will 

address all public comments in a 

subsequent final rule based on this 

proposed rule. EPA will not institute a 

second comment period on this action. 

Any parties interested in commenting 

on this action should do so at this time. 

Please note that if we receive adverse 

comment on an amendment, paragraph, 

or section of this rule and if that 

provision may be severed from the 

remainder of the rule, EPA may adopt 

as final those provisions of the rule that 

are not the subject of an adverse 

comment. 

Dated: July 21, 2010. 

Keith Takata, 

Acting Regional Administrator, EPA Region 

IX. 

[FR Doc. 2010–19062 Filed 8–2–10; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 112 

[EPA–HQ–OPA–2009–0880; FRL–9184–2] 

RIN 2050–AG59 

Oil Pollution Prevention; Spill 

Prevention, Control, and 

Countermeasure (SPCC) Rule— 

Proposed Amendments 

AGENCY: Environmental Protection 

Agency. 

ACTION: Proposed rule; compliance date 

amendment. 

SUMMARY: The U.S. Environmental 

Protection Agency (EPA or the Agency) 

is proposing to amend the date by 

which certain facilities must prepare or 

amend their Spill Prevention, Control, 

and Countermeasure (SPCC) Plans, and 

implement those Plans. This action 

would allow additional time for those 

affected in the regulated community to 

understand the revisions to the SPCC 

rule finalized in December 2008 and 

November 2009. In light of the recent 

uncertainty surrounding EPA’s review 

of the final amendments to the 

December 2008 rule and the delay of 

that rule’s effective date, the Agency is 

proposing to provide an additional year 

for certain facilities, with a new 

compliance date of November 10, 2011. 

Additionally, the Agency is proposing 

to further delay the compliance date for 

facilities with milk containers, 

associated piping and appurtenances 

that are constructed according to the 

current applicable 3–A Sanitary 

Standards, and subject to the current 

applicable Grade ‘‘A’’ Pasteurized Milk 

Ordinance (PMO) or a State dairy 

regulatory requirement equivalent to the 

current applicable PMO. The delay 

would allow the Agency to take final 

action on a January 15, 2009 action that 

proposed to exempt these containers 

from the SPCC requirements. The 

compliance date would be delayed one 

year from the effective date of a final 

rule specifically addressing SPCC 

requirements for these milk containers, 

associated piping and appurtenances, or 

as specified by a rule that otherwise 

establishes a new compliance date for 

these facilities. Both the extension and 

the delay would provide sufficient time 

for facilities to undertake the actions 

necessary to prepare or amend their 

SPCC Plans, as well as implement them. 

However, EPA is not proposing to 

extend the compliance date for drilling, 

production and workover facilities that 

are offshore or that have an offshore 

component, or for onshore facilities 

required to submit Facility Response 

Plans (FRPs). 

DATES: Comments on this proposed rule 

must be received by August 18, 2010. 

ADDRESSES: Submit your comments, 

identified by Docket ID No. EPA–HQ– 

OPA–2009–0880, by one of the 

following methods: 

(1) http://www.regulations.gov. 

Follow the on-line instructions for 

submitting comments. 

(2) E-mail: Docket.RCRA@epa.gov, 

Attention Docket ID No. EPA–HQ– 

OPA–2009–0880. 

(3) Fax: 202–566–9744, Attention 

Docket ID No. EPA–HQ–OPA–2009– 

0880. 

(4) Mail: EPA Docket Center (EPA/ 

DC), Docket ID No. EPA–HQ–OPA– 

2009–0880, Mail Code 2822T, 1200 

Pennsylvania Ave., NW., Washington, 

DC 20460. 

(5) Hand Delivery: EPA Docket Center 

(EPA/DC), EPA West, Room 3334, 1301 

Constitution Ave., NW., Washington DC 

20460. Attention Docket ID No. EPA– 

HQ–OPA–2009–0880. Such deliveries 

are only accepted during the Docket’s 

normal hours of operation, and special 

arrangements should be made for 

deliveries of boxed information. 

Instructions: EPA’s policy is that all 

comments received will be included in 

the public docket without change, and 

may be made available online at 

http://www.regulations.gov, including 

any personal information provided, 

unless the comment includes 

information claimed to be Confidential 

Business Information (CBI) or other 

information whose disclosure is 

restricted by statute. Do not submit 

information that you consider to be CBI 

or otherwise protected through 

regulations.gov or e-mail. 

The Federal regulations.gov Web site 

is an ‘‘anonymous access’’ system, which 

means that EPA will not know your 

identity or contact information unless 

you provide it in the body of your 

comment. If you submit an electronic 

comment, EPA recommends that you 

include your name and other contact 

information in the body of the comment 

and along with any disk or CD–ROM 

you submit. If EPA cannot read your 

comment due to technical difficulties 

and cannot contact you for clarification, 

EPA may not be able to consider your 

comment. Electronic files should avoid 

the use of special characters, any form 

of encryption, and be free of any defects 

or viruses. For additional information 

about EPA’s public docket, visit the EPA 

Docket Center homepage at http:// 

www.epa.gov/epahome/dockets.htm. 

Docket: All documents in the docket 

are listed in the docket index at 


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Federal Register / Vol. 75, No. 148 / Tuesday, August 3, 2010 / Proposed Rules 45573 

http://www.regulations.gov. Although 

listed in the index, some information is 

not publicly available (i.e., CBI or other 

information whose disclosure is 

restricted by a statute). Certain material, 

such as copyrighted material, is not 

placed on the Internet and will be 

publicly available only in hard copy 

form. 

Publicly available docket materials 

are available either electronically at 

http://www.regulations.gov or in hard 

copy at the EPA Docket Center, EPA/DC, 

EPA West, Room 3334, 1301 

Constitution Ave., NW., Washington, 

DC. The Public Reading Room is open 

from 8:30 a.m. to 4:30 p.m., Monday 

through Friday, excluding legal 

holidays. The telephone number for the 

Public Reading Room is (202) 566–1744, 

and the telephone number to make an 

appointment to view the docket is (202) 

566–0276. 

FOR FURTHER INFORMATION CONTACT: For 

general information on the SPCC rule, 

contact the Superfund, TRI, EPCRA, 

RMP and Oil Information Center at (800) 

424–9346 or TDD (800) 553–7672 

(hearing impaired). In the Washington, 

DC metropolitan area, call (703) 412– 

9810 or TDD (703) 412–3323. For more 

detailed information on specific aspects 

of this proposed rule, contact either 

Vanessa Principe at (202) 564–7913 

(principe.vanessa@epa.gov) or Mark W. 

Howard at (202) 564–1964 

(howard.markw@epa.gov), U.S. 

Environmental Protection Agency, 1200 

Pennsylvania Avenue, NW., 

Washington, DC 20460–0002, Mail Code 

5104A. 

SUPPLEMENTARY INFORMATION: 

I. General Information 

A. Does this action apply to me? 

In the table below, EPA is providing 

a list of potentially affected entities. 

However, this proposed action may 

affect other entities not listed below. 

The Agency’s goal is to provide a guide 

for readers to consider regarding entities 

that potentially could be affected by this 

action. If you have questions regarding 

the applicability of this action to a 

particular entity, consult the person 

listed in the preceding section titled FOR

FURTHER INFORMATION CONTACT. 

Industry sector NAICS code 

Oil Production ...................................................................................................................................................................... 211111 

Farms .................................................................................................................................................................................. 111, 112 

Electric Utility Plants ........................................................................................................................................................... 2211 

Petroleum Refining and Related Industries ........................................................................................................................ 324 

Chemical Manufacturing ..................................................................................................................................................... 325 

Food Manufacturing ............................................................................................................................................................ 311, 312 

Manufacturing Facilities Using and Storing Animal Fats and Vegetable Oils .................................................................... 311, 325 

Metal Manufacturing ............................................................................................................................................................ 331, 332 

Other Manufacturing ........................................................................................................................................................... 31–33 

Real Estate Rental and Leasing ......................................................................................................................................... 531–533 

Retail Trade ......................................................................................................................................................................... 441–446, 448, 451–454 

Contract Construction ......................................................................................................................................................... 23 

Wholesale Trade ................................................................................................................................................................. 42 

Other Commercial ............................................................................................................................................................... 492, 541, 551, 561–562 

Transportation ..................................................................................................................................................................... 481–488 

Arts Entertainment & Recreation ........................................................................................................................................ 711–713 

Other Services (Except Public Administration) ................................................................................................................... 811–813 

Petroleum Bulk Stations and Terminals ............................................................................................................................. 4247 

Education ............................................................................................................................................................................ 61 

Hospitals & Other Health Care ........................................................................................................................................... 621, 622 

Accommodation and Food Services ................................................................................................................................... 721, 722 

Fuel Oil Dealers .................................................................................................................................................................. 45431 

Gasoline stations ................................................................................................................................................................. 4471 

Information Finance and Insurance .................................................................................................................................... 51, 52 

Mining .................................................................................................................................................................................. 212 

Warehousing and Storage .................................................................................................................................................. 493 

Religious Organizations ...................................................................................................................................................... 813110 

Military Installations ............................................................................................................................................................. 928110 

Pipelines .............................................................................................................................................................................. 4861, 48691 

Government ......................................................................................................................................................................... 92 

B. Tips for Preparing Your Comments 

When submitting comments, 

remember to: 

• Identify the rulemaking by docket 

number and other identifying 

information (subject heading, Federal 

Register date and page number). 

• Follow directions—The agency may 

ask you to respond to specific questions 

or organize comments by referencing a 

Code of Federal Regulations (CFR) part 

or section number. 

• Explain why you agree or disagree, 

suggest alternatives, and substitute 

language for your requested changes. 

• Describe any assumptions and 

provide any technical information and/ 

or data that you used. 

• If you estimate potential costs or 

burdens, explain how you arrived at 

your estimate in sufficient detail to 

allow for it to be reproduced. 

• Provide specific examples to 

illustrate your concerns, and suggest 

alternatives. 

• Explain your views as clearly as 

possible. 

• Make sure to submit your 

comments by the comment period 

deadline identified. 

II. Authority 

33 U.S.C. 1251 et seq.; 33 U.S.C. 2720; 

E.O. 12777 (October 18, 1991), 3 CFR, 

1991 Comp., p. 351. 

III. Background 

On July 17, 2002, the Agency 

published a final rule that amended the 

Spill Prevention, Control and 

Countermeasure (SPCC) regulation (67 

FR 47042). The rule became effective on 

August 16, 2002. The final rule included 

compliance dates in § 112.3 for 

preparing, amending, and implementing 

SPCC Plans. The dates for complying 

with amendments to the SPCC 


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1Offshore FRP facilities are addressed in the 

exception to the compliance date extension as part 

of the drilling, production or workover facilities 

that are offshore or that have an offshore 

component. 

2A facility may pose ‘‘substantial harm’’ according 

to the FRP rule if it (1) has a total oil storage 

capacity greater than or equal to 42,000 gallons and 

it transfers oil over water to/from vessels; or (2) has 

a total oil storage capacity greater than or equal to 

one million gallons and meets one of the following 

conditions: (a) Does not have sufficient secondary 

containment for the capacity of the largest 

aboveground oil storage tank in each aboveground 

storage area; (b) is located at a distance such that 

a discharge from the facility could cause ‘‘injury’’ to 

fish, wildlife, and sensitive environments; (c) is 

located at a distance such that a discharge from the 

facility would shut down a public drinking water 

intake; or (d) has had, within the past five years, 

a reportable discharge greater than or equal to 

10,000 gallons. 

regulations have been amended a 

number of times: On January 9, 2003 (68 

FR 1348), on April 17, 2003 (68 FR 

18890), on August 11, 2004 (69 FR 

48794), on February 17, 2006 (71 FR 

8462), on May 16, 2007 (72 FR 27444), 

and again on June 19, 2009 (74 FR 

29136). These extensions alleviated the 

need for individual extension requests 

and provided additional time for the 

regulated community to, among other 

things: Understand the July 2002 SPCC 

amendments and the implications of the 

litigation (see 69 FR 29728, May 25, 

2004 and 73 FR 71941, November 26, 

2008); allow those potentially affected 

in the regulated community an 

opportunity to make changes to their 

facilities and to their SPCC Plans 

necessary to comply with amendments 

to the SPCC rule as finalized in 

December 2006, December 2008, and 

November 2009; and to understand the 

material presented in the SPCC 

Guidance for Regional Inspectors before 

preparing or amending their SPCC 

Plans. All of these changes and 

amendments were promulgated to 

provide increased clarity, to tailor 

requirements to particular industry 

sectors, and to streamline certain 

requirements for those facility owners or 

operators subject to the rule. The 

current date under § 112.3(a), (b) and (c) 

by which owners/operators of facilities 

must prepare or amend their SPCC 

Plans, and implement those Plans, is 

November 10, 2010. 

In accordance with the January 20, 

2009 White House memorandum 

entitled, ‘‘Regulatory Review,’’ and the 

memorandum from the Office of 

Management and Budget entitled, 

‘‘Implementation of Memorandum 

Concerning Regulatory Review’’ (M–09– 

08, January 21, 2009) (OMB 

memorandum), the effective date of the 

December 2008 rulemaking was delayed 

until April 4, 2009 (74 FR 5900, 

February 3, 2009) and then until January 

14, 2010 (74 FR 14736, April 1, 2009). 

The Agency took this action to ensure 

that the rule reflected proper 

consideration of all relevant facts. In the 

February 3, 2009 notice, EPA requested 

public comment on the extension of the 

effective date and its duration, and on 

the regulatory amendments contained in 

the December 2008 final rule. Upon 

reviewing the record for the 

amendments and the additional 

comments, EPA promulgated further 

amendments to the SPCC rule on 

November 13, 2009 (74 FR 58784), 

making limited changes to the December 

2008 amendments. The effective date for 

both the December 5, 2008 and the 

November 13, 2009 final rule is January 

14, 2010, with a compliance date of 

November 10, 2010. Because of the 

uncertainty that surrounded EPA’s 

review of the final amendments to the 

December 5, 2008 rule, publication of 

final rule amendments on November 13, 

2009 and the delay of the effective date, 

the Agency is now proposing to further 

extend the compliance date for certain 

facilities. 

On January 15, 2009, EPA proposed to 

exempt from the SPCC requirements 

milk containers, associated piping and 

appurtenances provided they are 

constructed according to current 

applicable 3–A Sanitary Standards, and 

are subject to the current applicable 

PMO or a State dairy regulatory 

requirement equivalent to the current 

applicable PMO (74 FR 2461). The 

Agency also proposed that the capacity 

of these milk containers would not be 

included in a facility’s total oil storage 

capacity calculation. This action 

proposes to further delay the 

compliance date for facilities that would 

be impacted by the proposed rule to 

exempt milk containers, associated 

piping and appurtenances. 

IV. Proposal To Amend Compliance 

Date 

Under the current provisions in 

§ 112.3(a), the owner or operator of a 

facility that was in operation on or 

before August 16, 2002 must maintain 

the facility’s SPCC Plan, make any 

necessary amendments to the Plan, and 

fully implement it by November 10, 

2010; the owner or operator of a facility 

that came into operation after August 

16, 2002, but before November 10, 2010, 

must prepare and fully implement an 

SPCC Plan on or before November 10, 

2010. Under § 112.3(b), the owner or 

operator of a facility (excluding oil 

production facilities) that becomes 

operational after November 10, 2010 

must prepare and implement a Plan 

before beginning operations; the owner 

or operator of an oil production facility 

that becomes operational after 

November 10, 2010 must prepare and 

implement a Plan within six months 

after beginning operations. In addition, 

§ 112.3(c) requires the owners and 

operators of onshore and offshore 

mobile or portable facilities to prepare, 

implement, and maintain an SPCC Plan, 

and to amend it, if necessary to ensure 

compliance with this part, on or before 

November 10, 2010. The owner or 

operator of any onshore or offshore 

mobile or portable facility that becomes 

operational after November 10, 2010, 

must prepare and implement a Plan 

before beginning operations. 

This proposed rule would amend the 

dates in § 112.3(a), (b) and (c) by which 

the owners/operators of facilities 

(except drilling, production or workover 

facilities that are offshore or that have 

an offshore component, and all onshore 

facilities required to have and submit 

FRPs 1) must prepare or amend their 

SPCC Plans, and implement those Plans, 

to November 10, 2011, which is one 

year from the current SPCC compliance 

date of November 10, 2010. This 

proposed extension of the compliance 

date does not apply to drilling, 

production or workover facilities that 

are completely offshore or that have 

both onshore and offshore components 

(e.g., an oil production facility with 

offshore wellheads connected to an 

onshore tank battery by submerged 

flowlines). For offshore drilling, 

production or workover facilities, the 

Agency is concerned about the need to 

have the most up-to-date SPCC Plans 

due to the unusual combination of 

characteristics of these facilities: 

Continuous flow of oil at the facility, 

potential discharges being limited only 

by the capacity and pressure of the 

underground reservoir, and discharges 

that would have immediate and direct 

impact on water. 

For onshore facilities, the Agency is 

concerned that further extending the 

existing compliance date for facilities 

with large oil storage capacities could 

further increase the potential to cause 

substantial harm if a discharge were to 

occur. Onshore facilities with large oil 

storage capacities have the potential to 

cause substantial harm as identified 

under the FRP regulation (40 CFR 

112.20 and 112.21). FRP facilities are 

those with storage capacities of 1 

million gallons or more that could cause 

substantial harm 2 or those with storage 

capacities at or above 42,000 gallons 

and that transfer oil to or from a vessel 

over water. The Agency believes that 

FRP facilities should also have the most 

up-to-date SPCC Plans. It should be 

noted the Agency has not changed any 


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3To be eligible for the compliance extension, 

owners or operators of facilities in operation before 

August 16, 2002 must continue to maintain their 

existing SPCC Plans. 

4On December 5, 2008 (73 FR 74236) EPA 

finalized an amendment to allow a new oil 

production facility (i.e., one that becomes 

operational after the compliance date) a period of 

six months after the start of operations to prepare 

and implement an SPCC Plan. 

5A facility owner or operator in operation before 

August 16, 2002 must continue to maintain an 

existing Plan. A facility owner or operator who 

wants to take advantage of the 2002, 2006, 2008, 

and 2009 regulatory changes may do so, but will 

need to modify the existing Plan accordingly. 

Additionally, an owner or operator may need to 

amend the Plan prior to the new compliance date 

to address facility modifications for which more 

stringent requirements apply. 

compliance dates with respect to the 

FRP regulations. Therefore, EPA is not 

proposing to extend the compliance 

date for drilling, production or 

workover facilities that are offshore or 

that have an offshore component, or all 

onshore facilities required to submit 

FRPs, due to the threats these facilities 

pose of significant oil spills to waters of 

the U.S. or adjoining shorelines. 

The Agency is also proposing to delay 

the compliance date for facilities with 

milk containers, associated piping and 

appurtenances. The delay would be 

effective for facilities with milk 

containers that are constructed 

according to the current applicable 3–A 

Sanitary Standards, and subject to the 

current applicable Grade ‘‘A’’ 

Pasteurized Milk Ordinance (PMO) or a 

State dairy regulatory requirement 

equivalent to the current applicable 

PMO. The delay would be for one year 

from the effective date of a final rule 

addressing the SPCC requirements 

specifically for these milk containers, 

associated piping and appurtenances, or 

as specified by a rule that otherwise 

establishes a compliance date for these 

facilities. The Agency would establish 

the new compliance date and publish it 

in the Federal Register as part of any 

final action on the proposed exemption 

(74 FR 2461). The delay for these 

facilities is intended to provide the 

owner or operator of these facilities the 

opportunity to fully understand any 

regulatory amendments that may be 

finalized. 

The Agency is making changes to the 

regulatory text in § 112.3 to reflect how 

the compliance date extension would 

apply for different facilities, as provided 

for in the proposed rule. 

Proposal To Extend Compliance Date by 

One Year 

This proposed rule would extend for 

most facilities the dates in § 112.3(a), (b) 

and (c) by which the owner or operator 

must prepare or amend and implement 

an SPCC Plan. Exclusions to this 

compliance date extension are described 

below. Today’s proposed rule amends 

and combines the current § 112.3(a) 

with the current § 112.3(b)(1) and (c) to: 

• Amend the compliance date for a 

facility, including a mobile or portable 

facility, in operation on or before 

August 16, 2002 that requires the owner 

or operator to make any necessary 

amendments to an SPCC Plan and fully 

implement the amended Plan by 

November 10, 2011.3

• Amend the compliance date for a 

facility, including a mobile or portable 

facility, which came into operation after 

August 16, 2002, but before November 

10, 2011, that requires the owner or 

operator to prepare and fully implement 

an SPCC Plan on or before November 

10, 2011. 

• Amend the compliance date for a 

facility, including a mobile or portable 

facility, (except an oil production 

facility 4) which becomes operational 

after November 10, 2011 that requires 

the owner or operator to prepare and 

implement an SPCC Plan before 

beginning operations. 

• Incorporate the language under the 

current § 112.3(c) for mobile or portable 

facilities (such as an onshore drilling or 

workover rig, or a portable fueling 

facility) to amend the compliance date 

for these facilities to November 10, 2011 

and maintain the language that allows 

mobile or portable facilities to prepare 

a general Plan. 

An extension of the compliance date 

for these facilities is appropriate 

because it provides the owners or 

operators of SPCC-regulated facilities 

the opportunity to fully understand the 

regulatory amendments offered by 

revisions to the SPCC rule promulgated 

on December 5, 2008 (73 FR 74236) and 

November 13, 2009 (74 FR 58784).5

Given the delay in the effective date for 

the December 2008 rule amendment, 

and the uncertainty that surrounded the 

final amendments because of this delay, 

this proposed extension would allow 

potentially affected facilities an 

additional year beyond the current 

compliance date of November 10, 2010 

to make any changes to their facilities 

and SPCC Plans to comply with the 

revised SPCC requirements. Considering 

that the changes in the final November 

2009 amendments were very limited, 

and that most of the December 2008 

amendments offered compliance 

options and regulatory burden relief, a 

limited timeframe for this extension is 

appropriate. A one-year period from the 

current compliance date provides 

sufficient time to understand and 

implement the streamlined amendments 

to the SPCC rule. 

The Agency seeks comment on the 

proposed compliance date by which 

owners and operators would be required 

to prepare, amend, and implement 

SPCC Plans in accordance with 

amendments to the SPCC rule. Any 

alternative dates suggested must include 

appropriate rationale and supporting 

data for the Agency to be able to 

consider them for final action. 

Exceptions to the Proposal To Extend 

Compliance Date by One Year 

The Agency is not proposing to 

extend the compliance date for drilling, 

production and workover facilities that 

are offshore or that have an offshore 

component; or for onshore facilities 

required to have and submit FRPs. The 

Agency is particularly concerned about 

the potential for immediate 

environmental impacts resulting from 

oil spills to waters of the U.S. or 

adjoining shorelines posed by these 

facilities. All of these facilities have 

potentially significant quantities of oil 

that could be discharged to navigable 

waters or adjoining shorelines. Offshore 

drilling, production and workover 

facilities (and those with an offshore 

component) have a constant flow of oil 

associated with them and discharges 

could be in amounts that far exceed the 

oil storage capacity of the facility. As in 

the case of the recent Gulf of Mexico oil 

spill, the Agency is concerned that any 

potential oil discharge may be limited 

only by the capacity and pressure of the 

underground petroleum reservoir. The 

Agency’s concern regarding these 

facilities is reflected in the fact that they 

have a greater number of requirements 

under the SPCC rule because of their 

location over waters of the U.S. or 

adjoining shorelines (40 CFR 112.11). In 

addition to those facilities completely 

offshore, the Agency has identified 

many onshore facilities with offshore 

components, as in the case of over-water 

production platforms. While these 

facilities have their tank batteries 

located onshore, their wellhead and 

portions of the flow lines are below the 

surface of the water. Offshore 

components include, but are not limited 

to, flow lines, gathering lines, 

wellheads, shut in valves, pressure 

control and sensing devices, cathodic 

protection devices and related piping 

and appurtenances. Because the Agency 

is equally concerned with the potential 

for immediate environmental impacts 

resulting from oil spills from a facility’s 

offshore components, it is also 

excluding these facilities from the 

proposed extension. FRP facilities are 

those with storage capacities of 1 


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6As noted previously, owners or operators of 

facilities in operation before August 16, 2002 must 

continue to maintain existing SPCC Plans. 

7On December 5, 2008 (73 FR 74236) EPA 

finalized an amendment to allow a new oil 

production facility (i.e., one that becomes 

operational after the compliance date) a period of 

six months after the start of operations to prepare 

and implement an SPCC Plan. 

8As noted previously in § 112.3(a) and (b)(1), to 

be eligible for the compliance extension, owners or 

operators of facilities in operation before August 16, 

2002 must continue to maintain existing SPCC 

Plans. This includes facilities with milk containers, 

associated piping and appurtenances. 

million gallons or more that could cause 

substantial harm, or those with storage 

capacities at or above 42,000 gallons 

and that transfer oil to or from a vessel 

over water. The Agency is proposing to 

exclude all onshore FRP facilities from 

the extension because of their large oil 

storage capacities and their potential to 

cause substantial harm in the event of 

a discharge as identified under the FRP 

regulation (40 CFR 112.20). 

Today’s proposed rule amends the 

current § 112.3(b)(1) to maintain the 

existing compliance date for this subset 

of facilities, and combines it with the 

current § 112.3(c) provision to indicate 

that the existing compliance date also 

applies to mobile or portable facilities 

within this subset: 

• Maintain the existing compliance 

date for a drilling, production and 

workover facility, including a mobile or 

portable facility, that is offshore or that 

has an offshore component; or of an 

onshore facility required to have and 

submit an FRP, that was in operation on 

or before August 16, 2002, that requires 

the owner or operator to make any 

necessary amendments to an SPCC Plan 

and fully implement the amended Plan 

by November 10, 2010.6

• Maintain the existing compliance 

date for a drilling, production and 

workover facility, including a mobile or 

portable facility, that is offshore or that 

has an offshore component; or of an 

onshore facility required to have and 

submit an FRP, that came into operation 

after August 16, 2002, but before 

November 10, 2010, that requires the 

owner or operator to prepare and fully 

implement an SPCC Plan on or before 

November 10, 2010. 

• Maintain the existing compliance 

date for a facility (except an oil 

production facility 7) that is either: a 

drilling, production and workover 

facility, including a mobile or portable 

facility, that is offshore or that has an 

offshore component; or an onshore 

facility required to have and submit an 

FRP, that becomes operational after 

November 10, 2010, that requires the 

owner or operator to prepare and 

implement an SPCC Plan before 

beginning operations. 

• Incorporate language under the 

current 112.3(c) to maintain the existing 

compliance date for mobile or portable 

facilities that fall within this subset of 

facilities (such as a barge mounted 

offshore drilling or workover rig), and 

maintains the language that allows 

mobile or portable facilities to prepare 

a general Plan. 

The Agency seeks comment on the 

proposed exceptions to the compliance 

date extension. Any alternative 

exceptions suggested must include 

appropriate rationale and supporting 

data for the Agency to be able to 

consider them for final action. 

Oil Production Facilities Beginning 

Operations After the Compliance Date 

The Agency is proposing to amend 

the current § 112.3(b)(2) to distinguish 

the two separate compliance dates that 

would apply to oil production facilities 

that become operational after the 

proposed compliance dates. The Agency 

is also moving this provision to 

§ 112.3(c). These changes are intended 

to reflect the amendments and 

rearranged provisions for § 112.3(a), (b), 

and (c). The new § 112.3(c) would be 

amended to: 

• Maintain the existing compliance 

date for an oil production facility that is 

offshore or that has an offshore 

component; or of an onshore oil 

production facility required to submit 

an FRP, that becomes operational after 

November 10, 2010, and could 

reasonably be expected to have a 

discharge as described in § 112.1(b), that 

requires the owner or operator to 

prepare and implement a Plan within 

six months after beginning operations. 

• Amend the compliance date for an 

onshore oil production facility (i.e. one 

that is not required to submit an FRP) 

that becomes operational after 

November 10, 2011, and could 

reasonably be expected to have a 

discharge as described in § 112.1(b), that 

requires the owner or operator to 

prepare and implement a Plan within 

six months after beginning operations. 

The Agency seeks comment on the 

proposed extension of the compliance 

date by which owners and operators 

would be required to prepare, amend, 

and implement SPCC Plans in 

accordance with amendments to the 

SPCC rule. Any alternative dates or 

approaches suggested must include 

appropriate rationale and supporting 

data for the Agency to be able to 

consider them for final action. 

Proposal for Facilities With Milk 

Containers, Associated Piping and 

Appurtenances 

The Agency is proposing to further 

delay the compliance date for the 

owners and operators of facilities with 

milk containers, associated piping and 

appurtenances that are constructed 

according to the current applicable 3–A 

Sanitary Standards, and subject to the 

current applicable Grade ‘‘A’’ 

Pasteurized Milk Ordinance (PMO) or a 

State dairy regulatory requirement 

equivalent to the current applicable 

PMO. The Agency is taking this action 

for facilities that would be affected by 

any final determination on the proposed 

rule to exempt these milk containers 

from SPCC requirements (74 FR 2461; 

January 15, 2009). The compliance date 

would be delayed to one year from the 

effective date of a final rule addressing 

the SPCC requirements specifically for 

these milk containers, associated piping 

and appurtenances, or as specified by a 

rule that otherwise establishes a new 

compliance date for these facilities.8

The Agency would establish the new 

compliance date and publish it in the 

Federal Register as part of any final 

action on the proposed exemption. The 

delay for these facilities is intended to 

provide the owner or operator of the 

facility the opportunity to fully 

understand any new regulatory 

amendments for milk containers, 

associated piping and appurtenances. 

Today’s proposed rule amends 

§ 112.3(b)(2) to: 

• Further delay the compliance date 

for any facility that has milk containers, 

associated piping and appurtenances 

that are constructed according to the 

current applicable 3–A Sanitary 

Standards, and subject to the current 

applicable Grade ‘‘A’’ Pasteurized Milk 

Ordinance (PMO) or a State dairy 

regulatory requirement equivalent to the 

current applicable PMO. The delay 

would be for one year from the effective 

date of a final rule addressing the SPCC 

requirements specifically for these milk 

containers, associated piping and 

appurtenances, or as specified by a rule 

that otherwise establishes a new 

compliance date for these facilities. 

The Agency seeks comment on the 

proposed delay of the compliance date 

by which owners and operators of 

facilities that have milk containers, 

associated piping and appurtenances 

would be required to prepare, amend, 

and implement SPCC Plans in 

accordance with amendments to the 

SPCC rule. Any alternative dates or 

approaches suggested must include 

appropriate rationale and supporting 

data for the Agency to be able to 

consider them for final action. 


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Alternative Approach to the Proposed 

Compliance Date Extension 

While the Agency believes that a oneyear compliance date extension is 

appropriate, as discussed previously, 

the Agency also is requesting comments 

on an alternative approach to extend the 

compliance date for these facilities. This 

approach would extend the compliance 

date to either May 10, 2011 or August 

10, 2011 for all SPCC regulated 

facilities, except for: drilling, 

production and workover facilities that 

are offshore or that have an offshore 

component, or for onshore facilities 

required to have and submit an FRP, 

which must comply by November 10, 

2010. This alternative approach would 

not impact the Agency’s proposal to 

delay the compliance date for facilities 

with milk containers, associated piping 

and appurtenances that are constructed 

according to the current applicable 3–A 

Sanitary Standards, and subject to the 

current applicable Grade ‘‘A’’ 

Pasteurized Milk Ordinance (PMO) or a 

State dairy regulatory requirement 

equivalent to the current applicable 

PMO. 

Specifically, for SPCC-regulated 

facilities, the Agency believes that a 

compliance date extension is 

appropriate for these facilities because 

of the multiple regulatory amendments 

to the SPCC rule. However, we are also 

requesting comment on whether it 

would be appropriate to consider a 

shorter compliance date extension, such 

as either six or nine months for them. 

In considering the shorter compliance 

date extension, we request comments as 

to the type of criteria to consider, such 

as discharge history, size and type of 

facility, the ability to come into 

compliance, or the potential risk 

presented. This extension would not 

apply to drilling, production and 

workover facilities that are offshore or 

that have an offshore component, or for 

onshore facilities required to have and 

submit an FRP, which must comply by 

November 10, 2010. 

The Agency seeks comment on the 

alternative approach to the proposed 

compliance date extension. Any 

alternative dates or approaches 

suggested must include appropriate 

rationale and supporting data for the 

Agency to be able to consider them for 

final action. 

Other Considerations 

If an owner or operator of an SPCCregulated facility requires additional 

time to comply with the SPCC rule, he 

may submit a written request to the 

Regional Administrator in accordance 

with § 112.3(f). Such requests may be 

granted if the Regional Administrator 

finds that the owner or operator cannot 

comply with all SPCC requirements by 

the compliance date as a result of either 

non-availability of qualified personnel, 

or delays in construction or equipment 

delivery beyond his control and without 

the fault of such owner or operator. 

It should be noted that these proposed 

compliance date amendments would 

affect only the requirements of the July 

2002, December 2006, December 2008, 

and November 2009 SPCC rule 

amendments (67 FR 47042, July 17, 

2002; 71 FR 77266, December 26, 2006; 

73 FR 74236, December 5, 2008; and 74 

FR 29136, November 13, 2009) that are 

new (i.e., requirements that did not exist 

or were not in effect prior to the 2002 

amendments) or more stringent 

compliance obligations to those that 

were in effect in the 1973 SPCC rule. 

Provisions that provide regulatory relief 

to facilities are applicable as of the 

effective date of the amendment and 

would not require revisions to existing 

Plans ‘‘to ensure compliance’’ (see 

§ 112.3). However, the facility owner or 

operator must amend the SPCC Plan to 

include new or more stringent 

provisions by the compliance date. 

V. Statutory and Executive Order 

Reviews 

A. Executive Order 12866: Regulatory 

Planning and Review 

Under the terms of Executive Order 

12866 (58 FR 51735, October 4, 1993), 

this action has been determined to be a 

‘‘significant regulatory action.’’ This rule 

was submitted to the Office of 

Management and Budget (OMB) for 

review. Any changes made in response 

to OMB’s recommendations have been 

documented in the docket for this 

action. 

B. Paperwork Reduction Act 

This proposed action does not impose 

an information collection burden under 

the provisions of the Paperwork 

Reduction Act, 44 U.S.C. 3501 et seq. 

This proposed rule would merely 

extend the compliance date for certain 

facilities subject to the rule. The Office 

of Management and Budget (OMB) has 

previously approved the information 

collection requirements contained in the 

existing regulations at 40 CFR part 112 

under the provisions of the Paperwork 

Reduction Act, 44 U.S.C. 3501 et seq. 

and has assigned OMB control number 

2050–0021. The OMB control numbers 

for EPA’s regulations in 40 CFR are 

listed in 40 CFR part 9. 

C. Regulatory Flexibility Act 

The Regulatory Flexibility Act 

generally requires an agency to prepare 

a regulatory flexibility analysis of any 

rule subject to notice and comment 

rulemaking requirements under the 

Administrative Procedure Act or any 

other statute unless the agency certifies 

that the rule will not have a significant 

economic impact on a substantial 

number of small entities. Small entities 

include small businesses, small 

organizations, and small governmental 

jurisdictions. 

For purposes of assessing the impacts 

of today’s proposed rule on small 

entities, small entity is defined as: (1) A 

small business as defined by the Small 

Business Administration’s (SBA) 

regulations at 13 CFR 121.201; (2) a 

small governmental jurisdiction that is a 

government of a city, county, town, 

school district or special district with a 

population of less than 50,000; and (3) 

a small organization that is any not-forprofit enterprise that is independently 

owned and operated and is not 

dominant in its field. 

After considering the economic 

impacts of today’s proposed rule on 

small entities, I certify that this 

proposed action will not have a 

significant economic impact on a 

substantial number of small entities. In 

determining whether a rule has a 

significant economic impact on a 

substantial number of small entities, the 

impact of concern is any significant 

adverse economic impact on small 

entities, since the primary purpose of 

the regulatory flexibility analyses is to 

identify and address regulatory 

alternatives ‘‘which minimize any 

significant economic impact of the 

proposed rule on small entities.’’ 5 

U.S.C. 603 and 604. Thus, an agency 

may certify that a rule will not have a 

significant economic impact on a 

substantial number of small entities if 

the rule relieves regulatory burden, or 

otherwise has a positive economic effect 

on all of the small entities subject to the 

rule. 

This proposed rule seeks to extend 

the compliance date in § 112.3(a) for 

most facilities by one year and to delay 

the compliance date in § 112.3(b)(2) for 

facilities with milk containers, 

associated piping and appurtenances 

that meet certain conditions for one year 

from the effective date of a final rule 

addressing the SPCC requirements 

specifically for these containers, or as 

specified by a rule that otherwise 

establishes a compliance date for these 

facilities. The changes in the final 

November 2009 amendments were very 

limited, and the December 2008 


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45578 Federal Register / Vol. 75, No. 148 / Tuesday, August 3, 2010 / Proposed Rules 

amendments offered compliance 

options and regulatory burden relief. We 

have therefore concluded that today’s 

proposed rule will relieve regulatory 

burden for all affected small entities. We 

continue to be interested in the 

potential impacts of the proposed rule 

on small entities and welcome 

comments on issues related to such 

impacts. 

D. Unfunded Mandates Reform Act 

This proposed action contains no 

Federal mandates under the provisions 

of Title II of the Unfunded Mandates 

Reform Act of 1995 (UMRA), 2 U.S.C. 

1531–1538 for State, local, or tribal 

governments or the private sector. The 

action imposes no enforceable duty on 

any State, local or tribal governments or 

the private sector. Therefore, this action 

is not subject to the requirements of 

sections 202 or 205 of the UMRA. This 

action is also not subject to the 

requirements of section 203 of UMRA 

because it contains no regulatory 

requirements that might significantly or 

uniquely affect small governments. This 

proposed rule would merely extend the 

compliance date for most facilities 

subject to the rule. 

E. Executive Order 13132: Federalism 

This proposed rule does not have 

federalism implications. It will not have 

substantial direct effects on the States, 

on the relationship between the national 

government and the States, or on the 

distribution of power and 

responsibilities among the various 

levels of government, as specified in 

Executive Order 13132. Under CWA 

section 311(o), States may impose 

additional requirements, including more 

stringent requirements, relating to the 

prevention of oil discharges to navigable 

waters. EPA encourages States to 

supplement the Federal SPCC regulation 

and recognizes that some States have 

more stringent requirements (56 FR 

54612, October 22, 1991). This proposed 

rule would not preempt State law or 

regulations. Thus, Executive Order 

13132 does not apply to this proposed 

rule. 

In the spirit of Executive Order 13132, 

and consistent with EPA policy to 

promote communications between EPA 

and State and local governments, EPA 

specifically solicits comment on this 

proposed action from State and local 

officials. 

F. Executive Order 13175: Consultation 

and Coordination With Indian Tribal 

Governments 

This proposed action does not have 

tribal implications, as specified in 

Executive Order 13175 (65 FR 67249, 

November 9, 2000). The proposed rule 

would not significantly or uniquely 

affect communities of Indian tribal 

governments. Thus, Executive Order 

13175 does not apply to this action. 

G. Executive Order 13045: Protection of 

Children From Environmental Health 

and Safety Risk 

This proposed action is not subject to 

Executive Order 13045 (62 FR 19885, 

April 23, 1997) because it is not 

economically significant as defined in 

Executive Order 12866, and because the 

Agency does not believe the 

environmental health or safety risks 

addressed by this proposed action 

present a disproportionate risk to 

children. The public is invited to submit 

comments or identify peer-reviewed 

studies and data that assess the effects 

of early life exposure to oil as affected 

by the proposed revision to the 

compliance date. 

H. Executive Order 13211: Actions That 

Significantly Affect Energy Supply, 

Distribution, or Use 

This action is not a ‘‘significant energy 

action’’ as defined in Executive Order 

13211, ‘‘Actions Concerning Regulations 

that Significantly Affect Energy Supply, 

Distribution, or Use’’ (66 FR 28355, May 

22, 2001), because it is not likely to have 

a significant adverse effect on the 

supply, distribution, or use of energy. 

The overall effect of this action is to 

decrease the regulatory burden on 

facility owners or operators subject to its 

provisions. 

I. National Technology Transfer and 

Advancement Act 

Section 12(d) of the National 

Technology Transfer and Advancement 

Act of 1995 (‘‘NTTAA’’), Pub. L. 104– 

113, 12(d) (15 U.S.C. 272 note) directs 

EPA to use voluntary consensus 

standards in its regulatory activities 

unless to do so would be inconsistent 

with applicable law or otherwise 

impractical. Voluntary consensus 

standards are technical standards (e.g., 

materials specifications, test methods, 

sampling procedures, and business 

practices) that are developed or adopted 

by voluntary consensus standards 

bodies. NTTAA directs EPA to provide 

Congress, through OMB, explanations 

when the Agency decides not to use 

available and applicable voluntary 

consensus standards. 

This proposed rulemaking does not 

involve technical standards. Therefore, 

EPA is not considering the use of any 

voluntary consensus standards. 

J. Executive Order 12898: Federal 

Actions To Address Environmental 

Justice in Minority Populations and 

Low-Income Populations 

Executive Order 12898 (59 FR 7629, 

February 16, 1994) establishes Federal 

executive policy on environmental 

justice. Its main provision directs 

Federal agencies, to the greatest extent 

practicable and permitted by law, to 

make environmental justice part of their 

mission by identifying and addressing, 

as appropriate, disproportionately high 

and adverse human health or 

environmental effects of their programs, 

policies, and activities on minority 

populations and low-income 

populations in the United States. 

EPA has determined that this 

proposed rule will not have 

disproportionately high and adverse 

human health or environmental effects 

on minority or low-income populations 

because it does not affect the level of 

protection provided to human health or 

the environment. 

List of Subjects in 40 CFR Part 112 

Environmental protection, Milk, Oil 

pollution, Penalties, Reporting and 

recordkeeping requirements. 

Dated: July 28, 2010. 

Lisa P. Jackson, 

Administrator. 

For the reasons set forth in the 

preamble, title 40, chapter I, of the Code 

of Federal Regulations is proposed to be 

amended as follows: 

PART 112—OIL POLLUTION 

PREVENTION 

1. The authority citation for part 112 

continues to read as follows: 

Authority: 33 U.S.C. 1251 et seq.; 33 

U.S.C. 2720; E.O. 12777 (October 18, 1991), 

3 CFR, 1991 Comp., p. 351. 

2. Section 112.3 is amended by 

revising paragraphs (a), (b), and (c) to 

read as follows: 

§ 112.3 Requirement to prepare and 

implement a Spill Prevention, Control, and 

Countermeasure Plan. 

* * * * * 

(a) If your facility, or mobile or 

portable facility, was in operation on or 

before August 16, 2002, you must 

maintain your Plan, but must amend it, 

if necessary to ensure compliance with 

this part, and implement the amended 

Plan no later than November 10, 2011. 

If such a facility becomes operational 

after August 16, 2002, through 

November 10, 2011, and could 

reasonably be expected to have a 

discharge as described in § 112.1(b), you 

must prepare and implement a Plan on 


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Federal Register / Vol. 75, No. 148 / Tuesday, August 3, 2010 / Proposed Rules 45579 

or before November 10, 2011. If such a 

facility (excluding oil production 

facilities) becomes operational after 

November 10, 2011, and could 

reasonably be expected to have a 

discharge as described in § 112.1(b), you 

must prepare and implement a Plan 

before you begin operations. You are not 

required to prepare a new Plan each 

time you move a mobile or portable 

facility to a new site; the Plan may be 

general. When you move the mobile or 

portable facility, you must locate and 

install it using the discharge prevention 

practices outlined in the Plan for the 

facility. The Plan is applicable only 

while the mobile or portable facility is 

in a fixed (non-transportation) operating 

mode. 

(b) Notwithstanding the provisions of 

paragraph (a) of this section: 

(1) If your drilling, production or 

workover facility, including a mobile or 

portable facility, is offshore or has an 

offshore component; or your onshore 

facility is required to have and submit 

a Facility Response Plan pursuant to 40 

CFR 112.20(a), and was in operation on 

or before August 16, 2002, you must 

maintain your Plan, but must amend it, 

if necessary to ensure compliance with 

this part, and implement the amended 

Plan no later than November 10, 2010. 

If such a facility becomes operational 

after August 16, 2002, through 

November 10, 2010, and could 

reasonably be expected to have a 

discharge as described in § 112.1(b), you 

must prepare and implement a Plan on 

or before November 10, 2010. If such a 

facility (excluding oil production 

facilities) becomes operational after 

November 10, 2010, and could 

reasonably be expected to have a 

discharge as described in § 112.1(b), you 

must prepare and implement a Plan 

before you begin operations. You are not 

required to prepare a new Plan each 

time you move a mobile or portable 

facility to a new site; the Plan may be 

general. When you move the mobile or 

portable facility, you must locate and 

install it using the discharge prevention 

practices outlined in the Plan for the 

facility. The Plan is applicable only 

while the mobile or portable facility is 

in a fixed (non-transportation) operating 

mode. 

(2) If your facility has milk containers, 

associated piping and appurtenances 

constructed according to current 

applicable 3–A Sanitary Standards, and 

subject to current applicable Grade ‘‘A’’ 

Pasteurized Milk Ordinance (PMO) or a 

State dairy regulatory requirement 

equivalent to current applicable PMO, 

the compliance date described in 

paragraphs (a) and (b)(1) of this section 

shall be one year from the effective date 

of a final rule addressing SPCC 

requirements specifically for these milk 

containers, associated piping and 

appurtenances; or until a rule that 

otherwise establishes the date by which 

you must comply with the provisions of 

this part. 

(c) If your oil production facility as 

described in paragraph (a) of this 

section becomes operational after 

November 10, 2011, or as described in 

paragraph (b)(1) of this section becomes 

operational after November 10, 2010, 

and could reasonably be expected to 

have a discharge as described in 

§ 112.1(b), you must prepare and 

implement a Plan within six months 

after you begin operations. 

* * * * * 

[FR Doc. 2010–19075 Filed 8–2–10; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 131 

[EPA–HQ–OW–2009–0596; FRL–9185–2] 

RIN 2040–AF11 

Water Quality Standards for the State 

of Florida’s Lakes and Flowing Waters; 

Supplemental Notice of Data 

Availability and Request for Comment 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Supplemental notice of data 

availability and request for comment. 

SUMMARY: This action is a supplemental 

notice of data availability and a request 

for comment related to EPA’s January 

26, 2010, notice of proposed rulemaking 

(NPRM), proposing numeric nutrient 

water quality criteria to protect aquatic 

life in lakes and flowing waters within 

the State of Florida. In the January 2010 

NPRM, EPA proposed to classify 

Florida’s streams into four regions 

(referred to in the proposed rule as 

‘‘Nutrient Watershed Regions’’) for 

application of total nitrogen (TN) and 

total phosphorus (TP) criteria. Streams 

within each of these regions (Panhandle, 

Bone Valley, Peninsula and North 

Central) reflect similar geographical 

characteristics including phosphorusrich soils, nutrient concentrations and 

nutrient ratios. In this notice, EPA is 

requesting comment on revised stream 

region boundaries based on additional 

information about watershed 

delineations and phosphorus-rich 

geological formations in Florida. Based 

on comments and additional 

information, this revised regionalization 

approach would result in five Nutrient 

Watershed Regions for Florida’s streams 

and a clarification of certain watershed 

boundaries for the Bone Valley and 

Peninsula regions. EPA is also 

requesting comment on basing the TN 

and TP criteria for the nutrient 

watershed regions on a combination of 

the 75th and 90th percentile values 

(depending on regions) of the 

benchmark sites outlined in the 

alternate approach at proposal. EPA is 

continuing to consider the primary 

approach proposed in January 2010 to 

use the 75th percentile of sites with 

healthy biological condition as 

measured by the Stream Condition 

Index (SCI). The January 2010 proposal 

also proposed application of the 

Vollenweider equation to ensure that 

nutrient criteria in streams are 

protective of downstream lakes and 

requested comment on alternative 

approaches such as the BATHTUB 

model and whether there should be an 

allowance for use of other models that 

are demonstrated to be protective and 

scientifically defensible. Today’s notice 

also requests comment on using the 

BATHTUB model in place of the 

Vollenweider equation for deriving both 

TP and TN criteria to protect 

downstream lakes, allowing the use of 

alternative models under certain 

circumstances, and providing for an 

alternative approach to protect 

downstream lakes when limited data are 

available that would use the lake criteria 

themselves as criteria for upstream 

waters flowing into the lake. EPA is 

seeking comment on alternative stream 

regionalization approaches, use of the 

benchmark dataset to derive criteria, 

and derivation of lake downstream 

protection values discussed in more 

detail below, and will consider the 

comments received before finalizing the 

proposed rule, ‘‘Water Quality Standards 

for the State of Florida’s Lakes and 

Flowing Waters.’’ This supplemental 

notice focuses solely on the delineation 

of stream nutrient regions, resulting 

criteria associated with two approaches 

(EPA’s SCI-based approach and the 

alternative benchmark distribution 

approach), and protection of 

downstream lakes in Florida. EPA is not 

soliciting comment on any other 

provisions of the January 2010 proposal. 

DATES: Comments must be received on 

or before September 2, 2010. 

ADDRESSES: Submit your comments, 

identified by Docket ID No. EPA–HQ– 

OW–2009–0596, by one of the following 

methods: 

1. http://www.regulations.gov: Follow 

the on-line instructions for submitting 

comments. 

2. E-mail: ow-docket@epa.gov. 


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