[Federal Register Volume 74, Number 21 (Tuesday, February 3, 2009)]
[Rules and Regulations]
[Pages 5900-5903]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-2335]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 112
[EPA-HQ-OPA-2007-0584; FRL-8770-7]
RIN 2050-AG16
Oil Pollution Prevention; Non-Transportation Related Onshore
Facilities; Spill Prevention, Control, and Countermeasure Rule--Final
Amendments
AGENCY: Environmental Protection Agency.
ACTION: Final rule: Delay of effective date and request for comment.
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SUMMARY: The Environmental Protection Agency (EPA) is delaying by sixty
days the effective date of the final rule that amends the Spill
Prevention, Control, and Countermeasure (SPCC) regulations published in
the Federal Register on December 5, 2008. Thus, the amendments will
become effective on April 4, 2009. EPA additionally is requesting
public comment on the extension of the effective date and its duration,
and on the regulatory amendments contained in the final rule.
DATES: This document is effective February 3, 2009. The effective date
of FR Doc. E8-28159, published in the Federal Register on December 5,
2008 (73 FR 74236), is delayed to April 4, 2009.
Comments must be received on or before March 5, 2009.
ADDRESSES: Submit your comments, identified by Docket ID No. EPA-HQ-
OPA-2007-0584, by one of the following methods:
www.regulations.gov: Follow the on-line instructions for
submitting comments.
Mail: EPA Docket, Environmental Protection Agency, Mail
code: 2822T, 1200 Pennsylvania Ave., NW., Washington, DC 20460.
Hand Delivery: EPA/DC, EPA West, Room 3334, 1301
Constitution Ave., NW., Washington, DC. Such deliveries are only
accepted during the Docket's normal hours of operation, and special
arrangements should be made for deliveries of boxed information.
Instructions: Direct your comments to Docket ID No. EPA-HQ-OPA-
2007-0584. EPA's policy is that all comments received will be included
in the public docket without change and may be made available online at
www.regulations.gov, including any personal information provided,
unless the comment includes information claimed to be Confidential
Business Information (CBI) or other information
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whose disclosure is restricted by statute. Do not submit information
that you consider to be CBI or otherwise protected through
www.regulations.gov or e-mail. The www.regulations.gov Web site is an
``anonymous access'' system, which means EPA will not know your
identity or contact information unless you provide it in the body of
your comment. If you send an e-mail comment directly to EPA without
going through www.regulations.gov, your e-mail address will be
automatically captured and included as part of the comment that is
placed in the public docket and made available on the Internet. If you
submit an electronic comment, EPA recommends that you include your name
and other contact information in the body of your comment and with any
disk or CD-ROM you submit. If EPA cannot read your comment due to
technical difficulties and cannot contact you for clarification, EPA
may not be able to consider your comment. Electronic files should avoid
the use of special characters, any form of encryption, and be free of
any defects or viruses. For additional information about EPA's public
docket, visit the EPA Docket Center homepage at http://www.epa.gov/epahome/dockets.htm.
Docket: All documents in the docket are listed in the
www.regulations.gov index. Although listed in the index, some
information is not publicly available, e.g., CBI or other information
whose disclosure is restricted by statute. Certain other material, such
as copyrighted material, will be publicly available only in hard copy.
Publicly available docket materials are available either electronically
in www.regulations.gov or in hard copy at the EPA Docket, EPA/DC EPA
West, Room 3334, 1301 Constitution Ave., NW., Washington, DC. The
Public Reading Room is open from 8:30 a.m. to 4:30 p.m., Monday through
Friday, excluding legal holidays. The telephone number for the Public
Reading Room is (202) 566-1744, and the telephone number for the EPA
Docket is (202) 566-0276.
FOR FURTHER INFORMATION CONTACT: For general information, contact the
Superfund, TRI, EPCRA, RMP, and Oil Information Center at 800-424-9346
or TDD at 800-553-7672 (hearing impaired). In the Washington, DC
metropolitan area, contact the Superfund, TRI, EPCRA, RMP, and Oil
Information Center at 703-412-9810 or TDD 703-412-3323. For more
detailed information on specific aspects of this final rule, contact
either Vanessa E. Principe at 202-564-7913 ([email protected]),
or Mark W. Howard at 202-564-1964 ([email protected]), U.S.
Environmental Protection Agency, 1200 Pennsylvania Avenue, NW.,
Washington, DC, 20460-0002, Mail Code 5104A.
SUPPLEMENTARY INFORMATION: In accordance with the January 20, 2009,
White House memorandum entitled, ``Regulatory Review,'' and the
memorandum from the Office of Management and Budget entitled,
``Implementation of Memorandum Concerning Regulatory Review'' (M-09-08,
January 21, 2009) (OMB memorandum), EPA is delaying the effective date
of the final rule that amends the Spill Prevention, Control, and
Countermeasure (SPCC) regulations promulgated in the Federal Register
on December 5, 2008 (73 FR 74236) under section 311 of the Clean Water
Act and seeking public comment on the extension and its duration. The
effective date of the final rule would have been February 3, 2009. With
the 60-day extension, the amendments will become effective on April 4,
2009. The SPCC rule amendments clarify, tailor, and streamline certain
existing requirements for those facility owners or operators who are
required to prepare and implement an SPCC Plan (or ``Plan'') to prevent
the discharge of oil into or upon navigable waters of the United States
or adjoining shorelines.
Section 553 of the Administrative Procedure Act (APA), 5 U.S.C.
553(b)(B), provides that, when an Agency for good cause finds that
notice and public procedure are impracticable, unnecessary, or contrary
to the public interest, the Agency may issue a rule without providing
notice and an opportunity for public comment. We have determined that
there is good cause for delaying the effective date of the final rule
amending the SPCC regulations without prior proposal and opportunity
for comment because notice and comment would be impracticable and
unnecessary. Consistent with the January 21, 2009 OMB memorandum
``Implementation of Memorandum Concerning Regulatory Review,'' the EPA
Administrator has chosen this rule for additional assessment of policy
and legal issues. Notice and comment is impracticable because the rule
currently has an effective date of February 3, 2009, and the Agency can
not adequately comply with the presidential directive without delaying
the effective date of the rule. We have also determined that notice and
comment is unnecessary because there are no applicable compliance dates
for the final rule until well after the April 4, 2009 effective date.
The Agency is taking this action to ensure that the rule reflects
proper consideration of all relevant facts. While the Agency is
requesting public comment on the entire final rule, the Agency is
specifically interested in receiving comments on the optional
approaches for produced water containers and the criteria for qualified
oil production facilities. The preamble and regulatory text for the
optional approaches for exempting or providing containment for produced
water containers can be found at Sec. Sec. 112.2, 112.3(d)(vi),
112.3(d)(vii), 112.5(b), 112.5(c), 112.9(c)(6), and Section V.M.7 of
the December 5, 2008 document, 73 FR 74285 through 74290. The preamble
and regulatory text on the criteria for the identification of oil
production facilities that are qualified and eligible to prepare self-
certified Plans can be found at Sec. 112.3(g)(2)(ii) and Section V.M.6
of the December 5, 2008 document, 73 FR 74280 through 74285. The Agency
requests that comments include an appropriate rationale and supporting
data for Agency review and consideration. Following the comment period,
EPA will take appropriate steps to ensure careful evaluation of the
comments received and will consider whether further amendment of the
final rule is necessary.
Finally, the Agency is also reviewing the dates by which owners or
operators of facilities must prepare or amend their SPCC Plans, and
implement those Plans. EPA intends to address these dates in a separate
notice.
Statutory and Executive Order Reviews
A. Executive Order 12866: Regulatory Planning and Review
This action is not a ``significant regulatory action'' under the
terms of Executive Order 12866 (58 FR 51735, October 4, 1993) and is,
therefore, not subject to review under the Executive Order.
B. Paperwork Reduction Act
This action does not impose any new information collection burden.
This action results in no changes to the information collection
requirements of the SPCC rule and will have no impact on the
information collection estimate of project cost and hour burden
previously submitted to OMB.
C. Regulatory Flexibility Act
Today's final rule is not subject to the Regulatory Flexibility Act
(RFA), which generally requires an agency to prepare a regulatory
flexibility analysis for any
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rule that will have a significant economic impact on a substantial
number of small entities. The RFA applies only to rules subject to
notice and comment rulemaking requirements under the APA or any other
statute. This rule is not subject to notice and comment requirements
under the APA or any other statute because, although the rule is
subject to the APA, the Agency has invoked the ``good cause'' exemption
under 5 U.S.C. 553(b), therefore, it is not subject to the notice and
comment requirement.
D. Unfunded Mandates Reform Act
This action contains no Federal mandates under the provisions of
Title II of the Unfunded Mandates Reform Act of 1995 (UMRA), 2 U.S.C.
1531-1538 for state, local, or tribal governments or the private
sector. This action imposes no enforceable duty on any state, local, or
tribal governments or the private sector. Therefore, this action is not
subject to the requirements of sections 202 and 205 of the UMRA.
This action is also not subject to the requirements of section 203
of UMRA because it contains no regulatory requirements that might
significantly or uniquely affect small governments. This action only
delays the effective date of the December 5, 2008 rule and does not
impose any additional enforceable duty.
E. Executive Order 13132: Federalism
Executive Order 13132, entitled ``Federalism'' (64 FR 43255, August
10, 1999), requires EPA to develop an accountable process to ensure
``meaningful and timely input by state and local officials in the
development of regulatory policies that have federalism implications.''
``Policies that have federalism implications'' is defined in the
Executive Order to include regulations that have ``substantial direct
effects on the states, on the relationship between the national
government and the States, or on the distribution of power and
responsibilities among the various levels of government.''
This action does not have federalism implications. It will not have
substantial direct effects on the states, on the relationship between
the national government and the states, or on the distribution of power
and responsibilities among the various levels of government, as
specified in Executive Order 13132. This action will not impose direct
compliance costs on state or local governments, and will not preempt
state law. Thus, Executive Order 13132 does not apply to this action.
F. Executive Order 13175: Consultation and Coordination With Indian
Tribal Governments
This action does not have tribal implications, as specified in
Executive Order 13175 (59 FR 22951, November 9, 2000). It will not have
substantial direct effects on tribal governments, on the relationship
between the Federal government and Indian tribes, or on the
distribution of power and responsibilities between the Federal
government and Indian tribes, as specified in Executive Order 13175.
Thus, Executive Order 13175 does not apply to this action.
G. Executive Order 13045: Protection of Children From Environmental
Health Risks and Safety Risks
EPA interprets Executive Order 13045 (62 FR 19885, April 23, 1997)
as applying to those regulatory actions that concern health or safety
risks, such that the analysis required under section 5-501 of the
Executive Order has the potential to influence the regulation. This
action is not subject to Executive Order 13045 because the NSPS for
petroleum refineries are based on technology performance. This action
is not subject to Executive Order 13045 (62 FR 19885, April 23, 1997)
because it is not economically significant as defined in EO 12866, and
because the Agency does not believe the environmental health or safety
risks addressed by this action presents a disproportionate risk to
children.
H. Executive Order 13211: Actions Concerning Regulations That
Significantly Affect Energy Supply, Distribution, or Use
This action is not subject to Executive Order 13211, ``Actions
Concerning Regulations That Significantly Affect Energy Supply,
Distribution, or Use'' (66 FR 28355, May 22, 2001) because it is not a
significant regulatory action under Executive Order 12866.
I. National Technology Transfer and Advancement Act
Section 12(d) of the National Technology Transfer and Advancement
Act of 1995 (NTTAA) (Pub. L. 104-113; 12(d) (15 U.S.C. 272 note)
directs EPA to use voluntary consensus standards (VCS) in its
regulatory activities unless to do so would be inconsistent with
applicable law or otherwise impractical. VCS are technical standards
(e.g., materials specifications, test methods, sampling procedures, and
business practices) that are developed or adopted by VCS bodies. NTTAA
directs EPA to provide Congress, through OMB, explanations when EPA
decides not to use available and applicable VCS.
This action does not involve technical standards. Therefore, EPA
did not consider the use of any VCS.
J. Executive Order 12898: Federal Actions To Address Environmental
Justice in Minority Populations and Low-Income Populations
Executive Order 12898 (59 FR 7629, February 16, 1994) establishes
Federal executive policy on environmental justice. Its main provision
directs Federal agencies, to the greatest extent practicable and
permitted by law, to make environmental justice part of their mission
by identifying and addressing, as appropriate, disproportionately high
and adverse human health or environmental effects of their programs,
policies, and activities on minority populations and low-income
populations in the United States.
EPA has determined that this final rule will not have
disproportionately high and adverse human health or environmental
effects on minority or low-income populations because it does not
affect the level of protection provided to human health or the
environment.
K. Congressional Review Act
The Congressional Review Act, 5 U.S.C. 801, et seq., as added by
the Small Business Regulatory Enforcement Fairness Act of 1996,
generally provides that before a rule may take effect, the agency
promulgating the rule must submit a rule report, which includes a copy
of the rule, to each House of the Congress and to the Comptroller
General of the United States. Section 808 allows the issuing agency to
make a rule effective sooner than otherwise provided by the CRA if the
agency makes a good cause finding that notice and public procedure is
impracticable, unnecessary, or contrary to the public interest. This
determination must be supported by a brief statement. 5 U.S.C. 808(2).
As stated previously, EPA has made such a good cause finding, including
the reasons therefor. EPA will submit a report containing this rule and
other required information to the United States Senate, the United
States House of Representatives, and the Comptroller General of the
United States prior to publication of the rule in the Federal Register.
This action is not a ``major rule'' as defined by 5 U.S.C. 804(2).
List of Subjects in 40 CFR Part 112
Environmental protection, Animal fats and vegetable oils, Hot-mix
asphalt, Farms, Flammable and combustible materials, Integrity testing,
Loading
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racks, Materials handling and storage, Natural gas, Oil pollution, Oil
and gas exploration and production, Oil spill response, Penalties,
Petroleum, Reporting and recordkeeping requirements, Secondary
containment, Security, Tanks, Unloading racks, Water pollution control,
Water resources.
Dated: January 29, 2009.
Lisa P. Jackson,
Administrator.
[FR Doc. E9-2335 Filed 2-2-09; 8:45 am]
BILLING CODE 6560-50-P