[Federal Register Volume 59, Number 185 (Monday, September 26, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-23764]


[[Page Unknown]]

[Federal Register: September 26, 1994]


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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 112

[SW H-FRL-5078-7]
RIN 2050-AD 30

 

Oil Pollution Prevention; Non-Transportation-Related Onshore 
Facilities; Correction

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule; corrections.

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SUMMARY: EPA is making technical corrections to errors in the technical 
appendices to the final rule for facility response plans required by 
the Oil Pollution Act (OPA) of 1990, which appeared in the Federal 
Register on July 1, 1994 (59 FR 34070).

EFFECTIVE DATE: August 30, 1994.

FOR FURTHER INFORMATION CONTACT: Bobbie Lively-Diebold, Oil Pollution 
Response and Abatement Branch, Emergency Response Division (5202G), 
U.S. Environmental Protection Agency, 401 M Street, SW., Washington, DC 
20460 at 703-356-8774; the ERNS/SPCC Information line at 202-260-2342; 
or the RCRA/Superfund Hotline at 800-424-9346 (in the Washington, DC 
metropolitan area, 703-412-9810). The Telecommunications Device for the 
Deaf (TDD) Hotline number is 800-553-7672 (in the Washington, DC 
metropolitan area, 703-412-3323).

SUPPLEMENTARY INFORMATION:

Background

    EPA published a final rule in the Federal Register on July 1, 1994 
(59 FR 34070) revising the Oil Pollution Prevention regulation, 40 CFR 
part 112, originally promulgated under the Clean Water Act. The 
revision incorporates new requirements added by the Oil Pollution Act 
of 1990, 33 U.S.C. 2701 et seq., that direct facility owners and 
operators to prepare plans for responding to a worst case discharge of 
oil and to a substantial threat of such a discharge.

Need for Correction

    As published, the final rule contained a number of minor technical 
errors that may prove to be misleading and are in need of 
clarification. The reasons for these technical changes (including 
clarifying section references and correcting minor grammatical errors) 
are, for the most part, self-evident. None of these changes is intended 
to effect substantive requirements; they only correct inadvertent 
errors in the July 1, 1994 final rule and ensure consistency within the 
Appendices to the final rule, and between them and the regulatory text.
    Corrections 7 and 8, while also technical and non-substantive in 
nature, warrant a brief discussion. To avoid confusion, corrections 7 
and 8 are made to clarify that the Emergency Notification Phone List 
and Spill Response Notification Form are each separate parts of Section 
1.3.1 of the overall response plan. Thus, items 2 and 3 of Section 1.1 
each call for a partial inclusion of Section 1.3.1 (item 2 calls for 
the Emergency Notification Phone List and item 3 calls for the Spill 
Response Notification Form). Together, items 2 and 3 call for the 
complete Section 1.3.1. As published, the final rule incorrectly stated 
that items 2 and 3 each called for the complete Section 1.3.1. This is 
being corrected to state that each calls for only part of Section 
1.3.1.
    In addition, an inaccuracy in the summary section of the preamble 
to the final rule needs to be noted. The U.S. Environmental Protection 
Agency regulates non-transportation-related facilities under sections 
311(j)(1)(C) and 311(j)(5) of the CWA as delegated by Executive Order 
12777. The preamble language in one instance incorrectly and 
inadvertently indicated that the Oil Pollution Prevention regulation 
applied to transportation-related facilities.

Correction of Publication

PART 112--[CORRECTED]

    Accordingly, the final rule is corrected as follows:
    1. On page 34110, in the third column, in the first paragraph under 
section A.2.3, in line 7, ``A2(b)'' is corrected to read ``A.2.2''.
    2. On page 34111, in the first column, in the first paragraph under 
section B.2.3, in line 9, ``B2(b)'' is corrected to read ``B.2.2''.
    3. On page 34112, in the first column, in section 1.2.8, the text 
which reads ``Other definitions are included in Sec. 112.2, section 1.2 
of Appendices C and E, and section 3.0 of Appendix F'' is corrected to 
read ``Other definitions are included in Sec. 112.2 and section 1.1 of 
Appendix C''.
    4. On page 34112, in the third column, in section 4.3, in line 9, 
the text which reads ``section 1.2'' is corrected to read ``section 
1.1''.
    5. On page 34114, in the third column, in section 7.3, in line 4, 
the text which reads ``for Groups 1'' is corrected to read ``for Group 
1''.
    6. On page 34115, in the first column, in section 7.4, in line 4, 
the text which reads ``for a facility'' is deleted.
    7. On page 34124, in the first column, in section 1.1, in item 2, 
the word ``complete'' is corrected to read ``partial''.
    8. On page 34124, in the first column, in section 1.1, in item 3, 
the word ``complete'' is corrected to read ``partial''.
    9. On page 34135, in the second column, in the heading for section 
2.1, the text which reads ``Page One--General Information'' is 
corrected to read ``General Information''.
    10. On page 34135, in the second column, in the heading for section 
2.2, the text which reads ``Page Two--Applicability of Substantial Harm 
Criteria'' is corrected to read ``Applicability of Substantial Harm 
Criteria''.
    11. On page 34135, in the third column, in the heading for section 
2.3, the text which reads ``Page Three--Certification'' is corrected to 
read ``Certification''.

    Authority: 33 U.S.C. 1321 and 1361; E.O. 12777 (October 18, 
1991), 3 CFR, 1991 comp., p. 351.

    Dated: September 19, 1994.
Elliott P. Laws,
Assistant Administrator.
[FR Doc. 94-23764 Filed 9-23-94; 8:45 am]
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