Comment submitted by Karen R. Harned, Executive Director, FNIB Legal Foundation and Andrew M. Langler, Manager, Regulatory Policy, National Federation of Independent Business (NFIB)

December 22, 2006 EPA Docket Center (EPA/DC) Docket ID No. EPA-HQ-OPA-2005-0003 1200 Pennsylvania Avenue, NW Washington, DC 20460 Submitted via electronic mail Re: SPCC Plan Extension ? Docket ID No. EPA-HQ-OPA-2005-0003 To Whom It May Concern: The National Federation of Independent Business (NFIB) and the NFIB Legal Foundation hereby submit these comments on the proposed rule, ?Oil Pollution Prevention; Non-Transportation Related Onshore Facilities.? This proposed rulemaking would extend the dates by which facilities must prepare or amend Spill, Prevention, Control, and Countermeasure plans (SPCC plans), and implement these plans. NFIB is the nation?s oldest and largest organization dedicated to representing the interests of small-business owners throughout all 50 states. The approximately 600,000 members of NFIB own a wide variety of America?s independent businesses, many thousands of which will be impacted by this proposal. The NFIB Legal Foundation, a 501(c)(3) nonprofit public interest law firm, is the legal arm of the National Federation of Independent Business (NFIB). Like EPA, NFIB and its members appreciate the need to protect the natural environment from potential ?major? discharges of oil. We consider EPA?s proposal to extend the compliance dates for developing and implementing SPCC plans a common-sense step on the path toward ensuring that small-business owners can meet EPA?s requirements. We agree that the compliance dates should be extended for the same reasons EPA listed in its proposal. First of all, it would not make sense to hold to existing compliance dates with EPA having recently proposed a new rule for complying with SPCC requirements. This new proposal is significantly different in scope from the existing rule, and an extension would allow qualified small businesses to benefit from new regulations. NFIB and its members also agree that an extension of the compliance dates would better allow small businesses, which lack the expertise and resources of large firms, to fully understand the requirements they are expected to comply with. Small businesses want to comply with laws protecting our natural environment; but they cannot be expected to develop adequate SPCC plans by February 17, 2006, nor implement such a plan by August 18, 2006. In addition, doing so may result in poor plans or implementation strategies that fail to adequately protect the environment. Lastly, we appreciate the need to extend the dates of compliance for the small businesses that have been affected by this summer?s hurricanes. We have approximately 19,000 members in the gulf coast states that were most impacted. These businesses deserve an opportunity to develop appropriate plans to help prevent further harm to the area?s environment. NFIB appreciates this opportunity to comment on the proposed rule. Please do not hesitate to contact us if you have any questions or comments, or if you require additional information. Sincerely, Karen R. Harned Executive Director NFIB Legal Foundation Andrew M. Langer Manager, Regulatory Policy NFIB CC: R. Craig Matthiessen, Director, Regulation & Policy Division, OSWER, Environmental Protection Agency Kevin Bromberg, Office of Advocacy, U.S. Small Business Administration