[Federal Register Volume 61, Number 40 (Wednesday, February 28, 1996)]
[Rules and Regulations]
[Pages 7419-7421]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-4386]



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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 110

[FRL-5430-6]


Oil Discharge Program; Editorial Revision of Rules

AGENCY: Environmental Protection Agency.

ACTION: Final rule.

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SUMMARY: The Environmental Protection Agency (EPA or the Agency) is 
removing text from the Code of Federal Regulations (CFR), specifically 
40 CFR part 110, which is unnecessary because it simply repeats 
language already set out in section 311 of the Federal Water Pollution 
Control Act (the Clean Water Act or the Act). EPA is also making other 
editorial revisions in 40 CFR part 110. Neither the removal of text nor 
the editorial revisions effect any substantive changes to the revised 
rules.

EFFECTIVE DATE: February 28, 1996.

FOR FURTHER INFORMATION CONTACT: Hugo Paul Fleischman, Office of 
Emergency and Remedial Response, U.S. Environmental Protection Agency, 
401 M St., SW, Washington, DC 20460, mail code 5203G, phone (703) 603-
8769; or the RCRA/Superfund Hotline, phone (800) 424-9346 or (703) 603-
9232 in the Washington, DC, metropolitan area.

SUPPLEMENTARY INFORMATION:

I. Introduction

    On March 4, 1995, The President directed all Federal agencies and 
departments to conduct a comprehensive review of the regulations they 
administer, and by June 1, 1995, to identify those rules that are 
obsolete or unduly burdensome. EPA has 

[[Page 7420]]
conducted that review and, on June 29, 1995, published a final rule 
eliminating legally obsolete rules. See 60 FR 33912. Now EPA is taking 
another step in the ongoing review of its rules. EPA has reviewed 40 
CFR part 110, and is removing text which unnecessarily repeats section 
311 of the Act. EPA is also revising regulatory text: to make it more 
concise, to conform more closely to statutory language, or to eliminate 
text which is legally obsolete. All of these changes are editorial. 
None effect any changes to the substance of the revised rules. EPA is 
also redesignating affected sections as necessary.

II. Provisions Which Largely Track the Clean Water Act

    EPA is removing the following provisions, or parts thereof, which 
either track the language of the Act precisely, or closely paraphrase 
it. These changes either make the regulatory text more concise or 
remove legally obsolete language.

40 CFR 110.1  Definitions

    EPA is revising the introductory text to Sec. 110.1 to provide that 
words not defined therein have the same meaning as in section 311(a) of 
the Act. Therefore, EPA is removing the following definitions in 
Sec. 110.1 which track language in section 311 of the Act. The 
definitions are: ``contiguous zone;'' ``Deepwater port;'' 
``discharge;'' ``oil;'' ``offshore facility;'' ``onshore facility;'' 
``person;'' ``public vessel;'' and, ``vessel.'' ``Deepwater port'' is a 
term no longer appearing in part 110, therefore the definition is no 
longer necessary. See 60 FR 33912.``Oil,'' as defined in relation to 
section 18 of the Deepwater Port Act of 1974, is also being removed. 
Section 18 was repealed by section 2003(a) of the Oil Pollution Act of 
1990, Public Law 202-380, August 18, 1990. Therefore, that part of the 
definition is legally obsolete.

40 CFR 110.2  Applicability

    EPA is removing the second and third sentences of the paragraph 
comprising this section. The second sentence of the paragraph describes 
the scope of discharge prohibited by section 311(b)(3) of the Act, and 
closely tracks the language of that section. Removal of this sentence 
will have no effect on the scope of prohibited discharges. The rule and 
section 311(b)(3) of the Act will continue to prohibit illegal 
discharges. EPA is also removing the third sentence of the paragraph 
because it merely references a removed section, i.e., Sec. 110.11. That 
section was removed from the CFR on June 29, 1995 (60 FR 33912) because 
it was legally obsolete.

40 CFR 110.9 [sic]  Discharge Prohibited

     EPA is removing this section because it merely paraphrases the 
statutory language of section 311(b)(3) of the Act. This section should 
have been designated Sec. 110.6, but due to error was designated as 
Sec. 110.9.

III. Editorial Changes

    EPA is revising the text in the sections described below in order 
to make them more concise, and to consolidate similar text now in 
multiple sections into one section where possible. In one case, EPA is 
revising regulatory text to conform more closely to statutory language. 
The revisions to or redesignation of affected sections is explained 
below.

40 CFR 110.3  Discharge Into Navigable Waters of Such Quantities as May 
Be Harmful

    Revised Sec. 110.3 consolidates regulations from old Secs. 110.3, 
110.4, and 110.5. The section heading is being revised to read 
``Discharge of oil in such quantities as `may be harmful' pursuant to 
section 311(b)(4) of the Act,'' in order to reflect the consolidation 
of the regulations under that section. The new name of the section 
describes its enlarged scope. Revised Sec. 110.3 now includes 
discharges of oil: into navigable waters formerly included within the 
scope of old Sec. 110.3, into the contiguous zone formerly included 
within the scope of old Sec. 110.4, and beyond the contiguous zone 
formerly included within the scope of old Sec. 110.5. EPA is removing 
old Secs. 110.4 and 110.5 because the text of revised Sec. 110.3 now 
includes all discharges of oil, whether in navigable waters, the 
contiguous zone, or beyond the contiguous zone. EPA is also revising 
the text of Sec. 110.3 to make clear that discharges affecting the 
environment, as provided in section 311(b)(4) of the Act, are included 
within the scope of prohibited discharges.

40 CFR 110.4  Discharge Into Contiguous Zone of Such Quantities as May 
be Harmful

    EPA is removing this section because its provisions have been 
incorporated into revised Sec. 110.3.

40 CFR 110.5  Discharge Beyond Contiguous Zone of Such Quantities as 
May be Harmful

    EPA is removing this section because its provisions have been 
incorporated into revised Sec. 110.3. In its place, EPA is revising and 
renaming Sec. 110.5. The renamed section describes those discharges 
which have been determined not to be harmful, combining the text from 
old Secs. 110.7 and 110.9.

40 CFR 110.7  Exception for Vessel Engines

    EPA is removing this section because the exception is now included 
within revised Sec. 110.5.

40 CFR 110.8  Dispersants

    This section is being redesignated as Sec. 110.4.

40 CFR 110.9  Demonstration Projects

    EPA is removing this section because discharges permitted in 
connection with research, demonstration projects, or studies relating 
to the prevention, control, or abatement of oil pollution are now 
included in revised Sec. 110.5.

40 CFR 110.10  Notice

    EPA is redesignating this section as Sec. 110.6. EPA is also 
removing the reference to Sec. 110.6 in the first sentence of the 
section, and substituting Sec. 311 (b) (3) of the Act in its place. 
This change is necessary because former Sec. 110.6, ``Discharges 
prohibited,'' is being removed. The revision is strictly editorial and 
does not change the scope of prohibited discharges.

IV. Differentiation Between Classes of Oils

    Pursuant to Public Law 104-55 (109 Stat. 546), enacted November 20, 
1995, most Federal agencies (including EPA) must, in the issuance or 
enforcement of any regulation or the establishment of any 
interpretation or guideline relating to the transportation, storage, 
discharge, release, emission, or disposal of a fat, oil, or grease, 
differentiate between and establish separate classes for animal fats 
and oils and greases, fish and marine mammal oils, and oils of 
vegetable origin (as opposed to petroleum and other oils and greases). 
EPA has considered whether differentiation between and establishment of 
separate classes of oils is appropriate for this rule, and concluded 
that it is not. This conclusion is based on the fact that the instant 
revisions are merely editorial and do not change any substantive 
aspects of the oil discharge program, thereby vitiating any need for 
differentiation.

V. Good Cause Exemption From Notice and Comment Rulemaking 
Procedures

    The Administrative Procedure Act generally requires agencies to 
provide prior notice and opportunity for public comment before issuing 
a final rule. 5 U.S.C. 553(b). Rules are exempt from this requirement 
if the issuing agency finds for good cause that notice and 

[[Page 7421]]
comment are unnecessary. 5 U.S.C. 553(b)(3)(B).
    EPA has determined that providing prior notice and opportunity for 
comment on the removal and revision of these Regulatory provisions from 
the CFR is unnecessary. The removals and revisions contained in this 
final rule are merely editorial and do not affect any substantive 
aspects of the oil discharge program.
    For the same reasons, EPA believes there is good cause for making 
the removal and revision of these regulatory provisions from the CFR 
effective immediately. See 5 U.S.C. 553(d).

VI. Analyses Under E.O. 12866, the Unfunded Mandates Reform Act of 
1995, the Regulatory Flexibility Act and the Paperwork Reduction 
Act

    Because the revision or removal of these rules from the CFR is 
merely editorial and thus has no regulatory impact, this action is not 
a ``significant'' regulatory action within the meaning of E.O. 12866, 
and does not impose any Federal mandate on State, local, or tribal 
governments or the private sector within the meaning of the Unfunded 
Mandates Reform Act of 1995. For the same reasons, pursuant to the 
Regulatory Flexibility Act, I certify that this action would not have a 
significant economic impact on a substantial number of small entities. 
Finally, because these revisions and removals are merely editorial, 
they do not affect requirements under the Paperwork Reduction Act.

List of Subjects in 40 CFR Part 110

    Environmental protection, Deepwater ports, Oil pollution.

Dated: February 15, 1996.
 Elliott P. Laws,
Assistant Administrator, Office of Solid Waste and Emergency Response.

    For the reasons set out in the preamble, title 40, chapter I of the 
Code of Federal Regulations is amended as follows:

PART 110--[AMENDED]

    1. The authority citation for part 110 continues to read as 
follows:

    Authority: 33 U.S.C. 1321(b)(3) and (b)(4) and 1361(a); E.O. 
11735, 38 FR 21243, 3 CFR Parts 1971-1975 Comp., p. 793.

    2. In section 110.1 the introductory text is revised and the 
definitions of ``contiguous zone,'' ``Deepwater port,'' ``discharge,'' 
``offshore facility,'' ``oil,'' ``onshore facility,'' ``person,'' 
``public vessel,'' and ``vessel'' are removed; to read as follows:


 Sec. 110.1  Definitions.

    Terms not defined in this section have the same meaning given by 
the Section 311 of the Act. As used in this part, the following terms 
shall have the meaning indicated below:
* * * * *
    3. Section 110.2 is revised to read as follows:


Sec. 110.2  Applicability.

    The regulations of this part apply to the discharge of oil 
prohibited by section 311(b)(3) of the Act.
    4. Section 110.3 is revised to read as follows:


Sec. 110.3  Discharge of oil in such quantities as ``may be harmful'' 
pursuant to section 311(b)(4) of the Act.

     For purposes of section 311(b)(4) of the Act, discharges of oil in 
such quantities that the Administrator has determined may be harmful to 
the public health or welfare or the environment of the United States 
include discharges of oil that:
    (a) Violate applicable water quality standards; or
    (b) Cause a film or sheen upon or discoloration of the surface of 
the water or adjoining shorelines or cause a sludge or emulsion to be 
deposited beneath the surface of the water or upon adjoining 
shorelines.


Sec. 110.4  [Removed and Reserved]

    5. Section 110.4 is removed and reserved.
    6. Section 110.5 is revised to read as follows:


Sec. 110.5  Discharges of oil not determined ``as may be harmful'' 
pursuant to Section 311(b)(3) of the Act.

     Notwithstanding any other provisions of this part, the 
Administrator has not determined the following discharges of oil ``as 
may be harmful'' for purposes of section 311(b) of the Act:
     (a) Discharges of oil from a properly functioning vessel engine 
(including an engine on a public vessel) and any discharges of such oil 
accumulated in the bilges of a vessel discharged in compliance with 
MARPOL 73/78, Annex I, as provided in 33 CFR part 151, subpart A;
    (b) Other discharges of oil permitted under MARPOL 73/78, Annex I, 
as provided in 33 CFR part 151, subpart A; and
    (c) Any discharge of oil explicitly permitted by the Administrator 
in connection with research, demonstration projects, or studies 
relating to the prevention, control, or abatement of oil pollution.


Sec. 110.9  [Removed]

    7. Section 110.9 ``Discharge prohibited'', appearing between 
Sec. 110.5 and 110.7, is removed.


Sec. 110.7  [Removed]

    8. Section 110.7 is removed.


Sec. 110.8  [Redesignated as Sec. 110.4]

    9. Section 110.8 is redesignated as Sec. 110.4.


Sec. 110.9  [Removed]

    10. Section 110.9 is removed.


Sec. 110.10  [Redesignated as Sec. 110.6]

    11. Section 110.10 is redesignated as Sec. 110.6, and the newly 
designated Sec. 110.6 is further amended by revising the first sentence 
to read as follows:


Sec. 110.6  Notice.

    Any person in charge of a vessel or of an onshore or offshore 
facility shall, as soon as he or she has knowledge of any discharge of 
oil from such vessel or facility in violation of section 311(b)(3) of 
the Act, immediately notify the National Response Center (NRC) (800-
424-8802; in the Washington, DC metropolitan area, 202-462-2675). * * *

[FR Doc. 96-4386 Filed 2-27-96; 8:45 am]
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