EPA has published a request for public comment on a proposed Information Collection Request (ICR). The proposed ICR “Survey on Clean Water Act (CWA) Hazardous Substances and Spill Impacts,” is a voluntary survey to be sent to states, tribes, and territories of the United States. This action is the next phase in developing spill prevention and control rules for hazardous substances, analogous to the SPCC Rules for oils.
The proposed ICR is a result of a 2015 lawsuit filed against EPA for unreasonable delay/failure to perform a nondiscretionary duty to establish regulations for hazardous substances under the Clean Water Act section 311(j)(1)(C). According to a settlement agreement reached in that case and filed with the United States District Court, Southern District of New York, on February 16, 2016, EPA is to issue a proposed regulatory action regarding the spill prevention of hazardous substances no later than June 2018. This action date factors in a 10-month extension for the conduct of an ICR. The information collected as part of the ICR will assist EPA in determining the universe of facilities nationwide that could potentially be subject to spill prevention regulations for hazardous substances listed at 40 CFR part 116. EPA anticipates this information will inform the rulemaking process, assist in the identification of affected entities, evaluation of potential regulatory approaches, and estimating economic impacts.
Click here for more information on EPA proposed rule making in prevention and control of hazardous substance spills.