[Federal Register Volume 69, Number 181 (Monday, September 20, 2004)]
[Proposed Rules]
[Pages 56184-56185]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 04-21066]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 112

[OPA-2004-0008; FRL-7810-4]
RIN 2050-AF11


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

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice of data availability (NODA) and request for comments.

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SUMMARY: This document announces the availability of information that 
might be relevant to determining whether alternate regulatory 
requirements for facilities with oil-filled and process equipment under 
the Clean Water Act would be appropriate. We are making this 
information available for public review and comment as part of our 
process of considering possible streamlined approaches that would 
ensure protection of human health and the environment from oil spills 
occurring at facilities with such oil-filled and process equipment.
    In addition to this document, the EPA is also publishing in today's 
Federal Register a Notice of Data Availability concerning facilities 
that handle oil below a certain threshold amount.

DATES: Written comments must be received by November 19, 2004.

ADDRESSES: Submit your comments, identified by Docket ID No. OPA-2004-
0008, by one of the following methods:
    I. Federal Rulemaking Portal: http://www.regulations.gov. Follow 
the on-line instructions for submitting comments.
    II. Agency Web site: http://www.epa.gov/edocket. EDOCKET, EPA's 
electronic public and comment system, is EPA's preferred method for 
receiving comments. Follow the on-line instructions for submitting 
comments.
    III. Mail: The docket for this rulemaking is located in the EPA 
Docket Center at 1301 Constitution Ave., NW., EPA West, Suite B-102, 
Washington, DC 20460. The docket number for the proposed rule is OPA-
2004-0008. The docket is contained in the EPA Docket Center and is 
available for inspection by appointment only, between the hours of 8:30 
a.m. and 4:30 p.m., Monday through Friday, excluding legal holidays. 
You may make an appointment to view the docket by calling 202-566-0276.
    IV. Hand Delivery: 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. OPA-2004-0008. 
EPA's policy is that all comments received will be included in the 
public docket without change and may be made available online at http://www.epa.gov/edocket, including any personal information provided, 
unless the comment includes information claimed to be Confidential 
Business Information (CBI) or other information whose disclosure is 
restricted by statute. Do not submit information that you consider to 
be CBI or otherwise protected through EDOCKET, regulations.gov or e-
mail. The EPA EDOCKET and federal regulations.gov websites are 
``anonymous access'' systems, 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 throughEDOCKET or 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.
    Docket: All documents in the docket are listed in the EDOCKET index 
at http://www.epa.gov/edocket. Although listed in the index, some 
information is not publicly available, i.e., CBI or other information 
whose disclosure is restricted by statute. Certain other material, such 
as copyrighted material, is not placed on the Internet and will be 
publicly available only in hard copy form. Publicly available docket 
materials are available either electronically in EDOCKET or in hard 
copy at the EPA Docket, EPA/DC, EPA West, Room B102, 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,

[[Page 56185]]

excluding legal holidays. The telephone number for the Public Reading 
Room is (202) 566-1744, and the telephone number to make an appointment 
to view the docket is (202) 566-0276.

FOR FURTHER INFORMATION CONTACT: For general information, contact the 
RCRA/CERCLA Call Center at 800-424-9346 or TDD 800-553-7672 (hearing 
impaired). In the Washington, DC, metropolitan area, call 703-412-9810 
or TDD 703-412-3323. For more detailed information on specific aspects 
of this notice, contact Hugo Paul Fleischman at 703-603-8769 
([email protected]); or Mark W. Howard at 703-603-8715 
([email protected]), U.S. Environmental Protection Agency, 1200 
Pennsylvania Avenue, NW., Washington, DC 20460-0002, Mail Code 5203G.

SUPPLEMENTARY INFORMATION:

What Should I Consider as I Prepare My Comments for EPA?

    You may find the following suggestions helpful for preparing your 
comments:
    1. Explain your views fully and clearly.
    2. Describe in detail and explain all assumptions you used.
    3. Provide all technical information, data, and analyses you used 
to support your views.
    4. If you estimate potential burden or costs, provide all data and 
analyses that you used to arrive at your estimate.
    5. Provide specific examples to illustrate all your concerns.
    6. Make sure to submit your comments by the comment period deadline 
identified.
    7. To ensure proper receipt by EPA, identify the appropriate docket 
identification number in the subject line on the first page of your 
response. It would also be helpful if you provided the name, date, and 
Federal Register citation related to your comments.

    Statutory 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.

    Background: On July 17, 2002, EPA published a final rule amending 
the Oil Pollution Prevention regulation (40 CFR part 112) promulgated 
under the authority of the Clean Water Act. This rule included 
requirements for Spill Prevention, Control, and Countermeasure (SPCC) 
Plans, and for Facility Response Plans (FRPs). It also included new 
subparts outlining the requirements for various classes of oil; 
revising the applicability of the regulation; amending the requirements 
for completing SPCC Plans; and made other modifications. (See 67 FR 
47042.) The compliance dates in 40 CFR 112.3(a) and (b) have been 
extended several times. See 69 FR 48794, August 11, 2004 for further 
discussion on the compliance extensions.
    Today's NODA: EPA is considering an initiative that would provide 
more focused regulation for facilities with oil-filled \1\ and process 
equipment. To assist the Agency in this effort, we are making available 
to the public a number of documents for review and comment to help 
inform us as to what measures, if any, we should consider. We believe 
that as long as protection of human health and the environment is 
maintained, we should consider alternatives/options that accomplish the 
stated objectives of the applicable statutes and minimize impacts of 
applicable requirements. The documents being made available today for 
comment describe streamlined alternatives that could replace parts of 
existing regulations for this type of equipment. Because this approach 
may have merit, we are very interested in your comments. Specifically, 
we are interested in receiving any evidence, including data and 
analyses, related to claims made within the documents. In order for the 
data you submit to be considered in making a determination, the data 
should be collected, transported, and analyzed under the proper quality 
assurance and quality control protocols as described at http://
www.epa.gov/quality/.
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    \1\ In the preamble to the July 2002 SPCC rule (67 FR 47054), we 
distinguished between the requirements for bulk storage of oil and 
for the operational use of oil. Oil-filled electrical, operating, or 
manufacturing equipment are specifically excluded from the 
definition of ``bulk storage container'' at Sec.  112.2 and thus, 
this NODA does not address such bulk oil storage containers. 
However, oil-filled equipment must meet other SPCC requirements, 
such as the general requirements found in Sec.  112.7(c) to provide 
appropriate containment and/or diversionary structures to prevent 
discharged oil from reaching navigable waters (67 FR 47055).
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    Data Available for Comment: The documents available for comment 
today can be found at http://www.epa.gov/oilspill under the title 
``Notice of Data Availability for Oil-Filled and Process Equipment'' in 
the EDOCKET index at http://www.epa.gov/edocket. These documents 
include the relevant portion of: (1) A white paper regarding oil in 
operational equipment dated April 2, 2003 submitted by the American 
Petroleum Institute Coalition to the Oil Program Center in the Office 
of Solid Waste and Emergency Response of the Environmental Protection 
Agency; (2) a white paper regarding machining coolant systems dated May 
22, 2003 from the Alliance of Automobile Manufacturers submitted to the 
Oil Program Center; (3) a white paper regarding manufacturing process 
systems and operational equipment dated September 30, 2003 from the 
U.S. Small Business Administration's Office of Advocacy submitted to 
the Oil Program Center; (4) a white paper regarding on-shore oil-filled 
electrical equipment dated February 5, 2004 from the Utility Solid 
Waste Activities Group (USWAG); and additional documents submitted to 
EPA by members of the electrical industry and other industry 
stakeholders.
    Request for Comments: We believe that affected parties should be 
given an opportunity to participate in the Agency's process of 
considering whether possible streamlined approaches are appropriate. We 
are especially interested in data relating to the regulatory approaches 
described in the documents available for your review today. We are 
listing the following areas, which are discussed in the documents 
available to you today, as examples of the kinds of data we request be 
submitted.

1--Data to support development of criteria to define oil-filled and 
process equipment
2--Data to support the development of streamlined requirements for 
facilities with oil-filled and process equipment

    The Agency is soliciting comments only on the data provided; we are 
not soliciting comments in this NODA on any other topic. The data may 
be found at Docket No. OPA-2004-0008 ( http://www.epa.gov/edocket ), 
and on our Web site (i.e., http://www.epa.gov/oilspill ).

    Dated: August 30, 2004.
Thomas P. Dunne,
Acting Assistant Administrator, Office of Solid Waste and Emergency 
Response.
[FR Doc. 04-21066 Filed 9-17-04; 8:45 am]
BILLING CODE 6560-50-P