Comment submitted by Jeff Spillyards, Entergy Services, Inc. on behalf of Entergy Corporation

On behalf of Entergy Corporation ("Entergy"), Entergy Services, Inc. wishes to reiterate comments prepared and submitted in March 2009 in response to EPA's solicitation for comments on the delay of the effective date of the "Loose Ends" rulemaking. Entergy again acknowledges support of comments filed by the Utility Solid Waste Activities Group pertaining to this rulemaking, and wishes to offer the following additional comments specific to its effects. Delay of the effective date of the December 5, 2008, rulemaking until January 2010 for changes contained within Loose Ends, while leaving the previously published July 2009 deadline to revise SPCC plans and implement changes required under pre-2008 rulemakings intact has created a great deal of confusion within the regulated community. It is logical to assume that many owner/operators of regulated facilities that qualify as Tier I facilities as defined in the December 2008 rule have proactively proceeded with revision of their existing plans using the Loose Ends Appendix G Tier I facility format that now technically doesn't exist. Those owner/operators are now faced with having to essentially rewrite their plans, complete with PE certification, in order to be compliant with the pre-2008 rulemakings before the July 2009 deadline. Requiring "re-revision" of these plans developed for Tier I qualified facilities established by Loose Ends in order to be compliant with pre-2008 rulemakings on a rather expedited basis; and then having the effective date, and thus formal recognition of Tier I plans, occur six months later obviously is illogical and results in unnecessary expense to the owner/operators of those facilities. Entergy urges the Agency to allow immediate usage of the "non-controversial" burden reduction provisions (notably, the Tier I qualified facility) contained within the December 2008 rule in the revision and maintenance of existing SPCC plans. Entergy also urges the Agency to retain January 2010 as the effective date of all provisions contained within the December 2008 rule for reasons noted in Entergy's March 2009 comments. The July 2009 implementation deadline for compliance with pre-2008 rulemakings should be revised to occur 12 months following the effective date of the December 2008 rule in order to harmonize the compliance deadlines for the various rulemakings. Questions or comments pertaining to these and the attached comments should be directed to Jeff Spillyards by e-mail at jspilly@entergy.com or by telephone at (501) 377-3951.