The EPA is announcing a final rule that vacates the July 17, 2002 definition of "navigable waters" for the oil industry, restoring the definition promulgated in 1973, in accordance with a court-issued mandate. The District Court for the District of Columbia decided in American Petroleum Institute v. Johnson (571 F. Supp.2d 165 D.D.C. 2008) that the current broad definition of the scope of the Clean Water Act was arbitrary and capricious.

This final rule does not amend the definition of "navigable waters" in any other regulation that EPA has promulgated.

New amendments to the SPCC rule will clarify regulatory requirements, tailor requirements to particular industry sectors, and streamline certain requirements for facility owners or operators subject to the rule, the EPA said, announcing the changes. The agency noted that its goal in easing SPCC requirements is to encourage greater compliance with the regulations.

The amendments do not remove any regulatory requirement for owners or operators of facilities in operation before Aug.16, 2002 to develop, implement and maintain an SPCC plan in accordance with the SPCC regulations then in effect. Such facilities continue to be required to maintain their plans during the interim until the applicable date for revising and implementing their plans under the new amendments.

The EPA also is announcing a proposed rule to extend the compliance dates for all facilities to November 2009 and to establish new compliance dates for farms (November 2009), certain qualified farms (November 2010) and marginal oil production facilities (November 2013) subject to SPCC. These revised compliance dates, the agency said, will provide owners or operators of the various kinds of facilities the opportunity to fully understand the regulatory amendments offered by revisions to the SPCC rule from 2006 and 2008.