On February 10, 2006 the Utility Solid Waste Activities Group (“USWAG”) submitted comments in response to EPA’s request for comments on the “SPCC Guidance for Regional Inspectors” (“SPCC Guidance”). USWAG's comments detailed concerns about portions of the SPCC Guidance. First, USWAC notes that the document fails to distinguish between regulatory requirements that predate the July 17, 2002 SPCC amendments (67 Fed. Reg. 47042) and additions to the regulations promulgated in 2002 for which compliance is being deferred until October 31, 2007. Second, USWAG noted concerns that the guidance appears to identify as SPCC requirements compliance expectations that do not exist in the regulations and therefore inaccurately expand the universe of facilities requiring SPCC plans. Additionally, USWAG noted that using guidance documents to change or impose de facto regulatory requirements runs afoul of section 4 of the Administrative Procedure Act, as codified at 5 U.S.C. § 553(b) (requiring notice and comment rulemaking for formulating and amending a rule) and has recently been the subject of criticism by the Office of Management and Budget (“OMB”).