[Federal Register Volume 66, Number 126 (Friday, June 29, 2001)]
[Rules and Regulations]
[Pages 34559-34561]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 01-16294]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 112

[FRL-7003-1]
RIN 2050-AE64


Oil Pollution Prevention and Response; Non-Transportation-Related 
Facilities

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule; technical correction.

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SUMMARY: EPA issued a final rule in the Federal Register of June 30, 
2000, revising requirements for facilities preparing Facility Response 
Plans. This document is being issued to correct typographical errors, 
remove inconsistent rule language, and change incorrect references in 
the rule.

EFFECTIVE DATE: June 29, 2001.

FOR FURTHER INFORMATION CONTACT: Barbara Davis, Oil Program Center, 
U.S. Environmental Protection Agency, at 703-603-8823 
([email protected]); 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:   

I. Does This Action Apply to Me?

    Non-transportation related facilities handling, storing, or 
transporting oil that are considered ``significant and substantial 
harm,'' as well as certain other facilities designated by the Regional 
Administrator, must submit Facility Response Plans (FRPs) to the 
Agency. The Agency included in the final rule a more detailed 
description of which facilities are potentially affected by this 
action. If you have questions regarding the applicability of this 
action to a particular entity, consult the person listed under FOR 
FURTHER INFORMATION CONTACT.

II. How Can I Get Additional Information, Including Copies of This 
Document and Other Related Documents?

    1. Electronically. You may obtain electronic copies of this 
document, and certain other related documents that might be available 
electronically, from the EPA Internet Home Page at http://www.epa.gov/. 
To access this document, on the Home Page select ``Laws and 
Regulations'' and then look up the entry for this document under the 
``Federal Register--Environmental Documents.'' You can also go directly 
to the Federal Register listings at http://www.epa.gov/fedrgstr/.
    2. In person. The Agency has established an official record for 
this action under docket control number SPCC-9P. The official record 
consists of the documents specifically referenced in this action, any 
public comments received during an applicable comment period, and other 
information related to this action, including any information claimed 
as Confidential Business Information (CBI). This official record 
includes the documents that are physically located in the docket, as 
well as the documents that are referenced in those documents. The 
public version of the official record does not include any information 
claimed as CBI. The public version of the official record, which 
includes printed, paper versions of any electronic comments submitted 
during an applicable comment period, is available for inspection in the 
Superfund Docket, Suite 105, 1235 Jefferson Davis Highway, Crystal 
Gateway I, Arlington, VA 22202. You may inspect the docket between 9 
a.m. and 4 p.m., Monday through Friday, excluding Federal holidays; and 
you may make an appointment to review the docket by calling 703-603-
9232. You may copy a maximum of 266 pages from any regulatory docket at 
no cost. If the number of pages copied exceeds 266, however, you will 
be charged an administrative fee of $25 and a charge of $0.15 per page 
for each page after 266. The docket will mail materials to you if you 
are outside of the Washington, DC metropolitan area.

III. What Does This Technical Correction Do?

    A final rule revising the facility response plan requirements for 
non-transportation related facilities handling, storing, or 
transporting animal fats or vegetable oils was published in the Federal 
Register of June 30, 2000 (65 FR 40776). This correction is being 
published to:
    Correct minor typographical errors in Secs. 112.20 and 112.21, and 
appendix E;
    Correct the inadvertent reference to ``petroleum oils'' in section 
8.2.1 of appendix E (this section is about animal fats and vegetable 
oils rather than petroleum oils, as shown in the title in section 8.0);
    Remove inconsistent language and combine sections 9.2 and 9.2.1 of 
appendix E, which describe USCG planning levels corresponding to EPA's 
medium discharge;

[[Page 34560]]

    Clarify that the first line of the table in section 10.5.2 of 
appendix E contains the factor by which you multiply the planning 
volume on water (a multiplication sign was inadvertently omitted);
    Correct the inadvertent omission of the operating area ``Great 
Lakes'' in the column heading with Nearshore and Inland on Table 2 to 
appendix E;
    Correct the USCG fax number in section 1.8.3 of appendix F.

IV. Why Is This Technical Correction Issued as a Final Rule?

    EPA is publishing this action as a final rule without prior notice 
and opportunity to comment because the Agency believes that providing 
notice and an opportunity to comment is unnecessary and would be 
contrary to the public interest. As explained above, the correction 
contained in this action will simply correct Sec. 112.20 and its 
appendices by correcting typographical errors, removing inconsistent 
rule language, and changing incorrect references in the rule. EPA 
therefore finds that there is ``good cause'' under section 553(b)(3)(B) 
of the Administrative Procedure Act (APA) (5 U.S.C. 553) to make this 
amendment without prior notice and comment.

V. Do Any of the Regulatory Assessment Requirements Apply to This 
Action?

    No. This final rule implements technical corrections to the Code of 
Federal Regulations (CFR), and does not impose any new requirements.
    Under Executive Order 12866, entitled Regulatory Planning and 
Review (58 FR 51735, October 4, 1993), the Office of Management and 
Budget (OMB) has determined that a technical correction is not a 
``significant regulatory action'' subject to review by OMB.
    Because this action is not economically significant as defined by 
section 3(f) of Executive Order 12866, this action is not subject to 
Executive Order 13045, entitled Protection of Children from 
Environmental Health Risks and Safety Risks (62 FR 19885, April 23, 
1997).
    This action will not result in environmental justice related issues 
and does not, therefore, require special consideration under Executive 
Order 12898, entitled Federal Actions to Address Environmental Justice 
in Minority Populations and Low-Income Populations (59 FR 7629, 
February 16, 1994).
    Since the Agency has made a ``good cause'' finding that this action 
is not subject to notice-and-comment requirements under the APA or any 
other statute (see Unit IV.), this action is not subject to the 
regulatory flexibility provisions of the Regulatory Flexibility Act 
(RFA) (5 U.S.C. 601 et seq.), or to sections 202 and 205 of the 
Unfunded Mandates Reform Act of 1995 (UMRA) (Public Law 104-4). In 
addition, this action does not significantly or uniquely affect small 
governments or impose a significant intergovernmental mandate, as 
described in sections 203 and 204 of UMRA.
    Executive Order 13175, entitled ``Consultation and Coordination 
with Indian Tribal Governments'' (65 FR 67249, November 6, 2000), 
requires EPA to develop an accountable process to ensure ``meaningful 
and timely input by tribal officials in the development of regulatory 
policies that have tribal implications.'' ``Policies that have tribal 
implications'' is defined in the Executive Order to include regulations 
that have ``substantial direct effects on one or more Indian tribes, on 
the relationship between the Federal government and the Indian tribes, 
or on the distribution of power and responsibilities between the 
Federal government and Indian tribes.''
    This final rule does not have tribal implications. 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. 
This is so because this final rule only corrects mistakes in a rule 
which EPA issued in June 2000. It imposes no new regulatory 
requirements; nor does the rule announce new policies. Thus, Executive 
Order 13175 does not apply to this rule.
    This rule 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, entitled 
Federalism (64 FR 43255, August 10, 1999).
    This action does not involve any technical standards that require 
the Agency's consideration of voluntary consensus standards pursuant to 
section 12(d) of the National Technology Transfer and Advancement Act 
of 1995 (NTTAA), Public Law 104-113, section 12(d) (15 U.S.C. 272 
note).
    This rule does not contain any information collection requirements 
that require review and approval by OMB pursuant to the Paperwork 
Reduction Act of 1995 (PRA) (44 U.S.C. 3501 et seq.).
    EPA's compliance with these statutes and Executive Orders for the 
underlying rule is discussed in section IV (Regulatory Analyses) of the 
final rule (65 FR 40776, June 30, 2000).

VI. Will EPA Submit This Final Rule to Congress and the Comptroller 
General?

    Yes. The Congressional Review Act (CRA) (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 therefore, and established an effective date of June 29, 
2001. EPA will submit a report containing this rule and other required 
information to the U.S. Senate, the U.S. 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, Oil pollution, Penalties, Reporting and 
recordkeeping requirements.

    Dated: June 14, 2001.
Michael H. Shapiro,
Acting Assistant Administrator, Office of Solid Waste and Emergency 
Response.

    Therefore, 40 CFR part 112 is amended as follows:

PART 112--OIL POLLUTION PREVENTION

    1. The authority citation for part 112 continues to read as 
follows:

    Authority: 33 U.S.C. 1251 et seq.; 33 U.S.C. 2720; E.O. 12777 
(October 18, 1991), 3 CFR, 1991 Comp., p. 351.


Sec. 112.20  [Amended]

    2. Amend the third sentence of paragraph (a)(4)(iii) of Sec. 112.20 
by revising ``paragraphs (a)(2)(iii) or (iv)'' to read ``paragraph 
(a)(2)(iii) or (iv)''.

    3. Amend appendix E to part 112 by:

[[Page 34561]]

    a. Revising ``Petroleum oils and non-petroleum oils other than 
animal fats and vegetable oils'' to read ``Petroleum Oils and Non-
Petroleum Oils Other Than Animal Fats and Vegetable Oils'' in sections 
3.0 and 4.0;
    b. Revising ``near shore'' to read ``nearshore'' in the last 
sentence of section 7.7, the last sentence of section 10.2.3, and the 
last sentence of section 10.7;
    c. Revising ``petroleum'' to read ``animal fats and vegetable'' in 
the last sentence of section 8.2.1;
    d. Removing section 9.2.1 and revising section 9.2 to read as set 
forth below;
    e. Revising section 10.5.2 to read as set forth below;
    f. Revising ``Near shore'' to read ``Nearshore'' in section 10.5.4; 
and
    g. Revising ``Environments' '' to read ``Environments'' in section 
13.3(2).
    The revisions read as follows:

Appendix E to Part 112--Determination and Evaluation of Required 
Response Resources for Facility Response Plans

* * * * *
9.0  Determining Response Resources Required for Medium Discharges--
Animal Fats and Vegetable Oils
* * * * *
    9.2  Complexes that are regulated by EPA and the USCG must also 
consider planning quantities for the transportation-related transfer 
portion of the facility. Owners or operators of complexes that handle, 
store, or transport animal fats or vegetable oils must plan for oil 
discharge volumes for a medium discharge. For non-petroleum oils, there 
is no USCG planning level that directly corresponds to EPA's ``medium 
discharge.'' Although the USCG does not have planning requirements for 
medium discharges, they do have requirements (at 33 CFR 154.545) to 
identify equipment to contain oil resulting from an operational 
discharge.
* * * * *
10.0  Calculating Planning Volumes for a Worst Case Discharge--Animal 
Fats and Vegetable Oils.
* * * * *
    10.5.2  With a specific worst case discharge identified, the 
planning volume for on-water recovery can be identified as follows:

Worst case discharge: 21 million gallons (500,000 barrels) of Group B 
vegetable oil
Operating Area: Inland
Planned percent recovered floating vegetable oil (from Table 6, column 
Nearshore/Inland/Great Lakes): Inland, Group B is 20%
Emulsion factor (from Table 7): 2.0
Planning volumes for on-water recovery: 21,000,000 gallons  x  0.2  x  
2.0 = 8,400,000 gallons or 200,000 barrels.
Determine required resources for on-water recovery for each of the 
three tiers using mobilization factors (from Table 4, column Inland/
Nearshore/Great Lakes)

------------------------------------------------------------------------
      Inland Operating Area           Tier 1       Tier 2       Tier 3
------------------------------------------------------------------------
Mobilization factor by which you           .15          .25          .40
 multiply planning volume........
Estimated Daily Recovery Capacity       30,000       50,000       80,000
 (bbls)..........................
------------------------------------------------------------------------

* * * * *

    4. Amend Tables 2, 6, and 7 to appendix E to Part 112 by:
    a. Revising ``Oil'' to read ``oil'' in the heading of the middle 
column under Rivers and canals in Table 2;
    b. Revising ``Near shore/Inland'' to read ``Nearshore/Inland/Great 
Lakes'' in the heading of the column in Table 2;
    c. Revising ``Near shore/Inland Great Lakes'' to read ``Nearshore/
Inland/Great Lakes'' in the heading of the column in Table 6; and
    d. Revising ``section 1.2.1 and 1.2.9'' to read ``sections 1.2.1 
and 1.2.9'' in the Note following Table 6 and the Note following Table 
7.

Appendix F to Part 112 [Amended]

    5. Amend appendix F to part 112 by revising ``fax 267-4085/4065'' 
to read ``fax (202) 267-4085'' in section 1.8.3.

[FR Doc. 01-16294 Filed 6-28-01; 8:45 am]
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