Effective immediately, the Environmental Protection Agency (EPA) is delaying the effective date of the final rule that amends the Spill Prevention, Control, and Countermeasure (SPCC) regulations. The effective date of the final rule (FR Doc. E8-28159), published in the Federal Register on December 5, 2008 (73 FR 74236), that was delayed until April 4, 2009 (74 FR 5900), is further delayed to January 14, 2010. EPA additionally is requesting public comment on whether a further extension of the effective date may be warranted. Comments must be received on or before May 1, 2009. The Agency will provide a complete discussion of the comments received specific to the amendments, and its response to those comments, in a Federal Register notice describing any changes to the 2008 amendments.

Consistent with the January 21, 2009 OMB memorandum "Implementation of Memorandum Concerning Regulatory Review," the EPA Administrator has chosen the final rule that amends the Spill Prevention, Control, and Countermeasure (SPCC) regulations for additional assessment of policy and legal issues. EPA must carefully consider the issues raised in comments received to-date. Because EPA cannot adequately address the comments before an April 4, 2009 effective date, the Agency agrees to delay the effective date.

Finally, the Agency is also reviewing the dates by which owners or operators of facilities must prepare or amend their SPCC Plans, and implement those Plans. EPA intends to address these dates in a separate notice.