[Federal Register Volume 79, Number 124 (Friday, June 27, 2014)]
[Rules and Regulations]
[Pages 36429-36431]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2014-15158]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 300

[FRL-9739-9-OW]


National Oil and Hazardous Substances Pollution Contingency Plan; 
Listing of Trustee Designations

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

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SUMMARY: In this action, the Environmental Protection Agency (EPA or 
``the Agency'') is conforming the listing of trustee designations for 
natural resources in the National Oil and Hazardous Substances 
Pollution Contingency Plan (NCP) in accordance with Executive Order 
(E.O.) 13626, ``Gulf Coast Ecosystem Restoration,'' issued on September 
10, 2012. E.O. 13626 designated the Administrator of EPA and the 
Secretary of the United States Department of Agriculture (USDA) to act 
as additional trustees for Natural Resource Damage Assessment and 
restoration solely in connection with injury to, destruction of, loss 
of, or loss of use of natural resources, including their supporting 
ecosystems, resulting from the Deepwater Horizon Oil Spill. The 
Administrator's and Secretary's trusteeship became effective 
immediately pursuant to the President's designation. This action is 
being taken pursuant to a directive in the Executive Order to revise 
Subpart G of the NCP to reflect the additional designations for the 
Deepwater Horizon Oil Spill. This action applies to the Deepwater 
Horizon Oil Spill only, and does not affect any prior or subsequent 
designations.

DATES: This rule is effective on June 27, 2014.

FOR FURTHER INFORMATION CONTACT: Ms. Gale C. Bonanno, Office of Water 
(4503-T), U.S. Environmental Protection Agency, 1200 Pennsylvania 
Avenue NW., Washington, DC 20460; telephone number 202-564-2243; email 
address: [email protected].

SUPPLEMENTARY INFORMATION: In accordance with E.O. 13626 of September 
10, 2012 (77 FR 56749, September 13, 2012), entitled, ``Gulf Coast 
Ecosystem Restoration,'' EPA is revising Subpart G of the NCP, 40 CFR 
part 300, to reflect the President's designation of the Administrator 
of EPA and the Secretary of Agriculture as additional trustees in 
connection with injury to, destruction of, loss of, or loss of use of 
natural resources, including their supporting ecosystems, resulting 
from the Deepwater Horizon Oil Spill. Section 5 of E.O. 13626 provides 
as follows:

    Sec. 5. Designating Trustees for Natural Resource Damage 
Assessment. Given their authorities, programs, and expertise, the 
Environmental Protection Agency (EPA) and the Department of 
Agriculture (USDA) have institutional capacities that can contribute 
significantly to the Natural Resource Damage Assessment and 
restoration efforts, including scientific and policy expertise as 
well as experience gained in the Task Force process and other 
planning efforts in the Gulf area. In addition, EPA's and USDA's 
relevant authorities cover a range of natural resources and their 
supporting ecosystems, including waters, sediments, barrier islands, 
wetlands, soils, land management, air resources, and drinking water 
supplies. The inclusion of EPA and USDA as trustees participating in 
the Natural Resource Damage Assessment and restoration efforts will 
maximize coordination across the Federal Government and enhance 
overall efficiencies regarding Gulf Coast ecosystem restoration. 
Accordingly, without limiting the designations in Executive Order 
12777 of October 18, 1991, or any other existing designations, and 
pursuant to section 2706(b)(2) of title 33, United States Code, I 
hereby designate the Administrator of EPA and the Secretary of 
Agriculture as additional trustees for Natural Resource Damage 
Assessment and restoration solely in connection with injury to, 
destruction of, loss of, or loss of use of natural resources, 
including their supporting ecosystems, resulting from the Deepwater 
Horizon Oil Spill. The addition of these Federal trustees does not, 
in and of itself, alter any existing agreements among or between the 
trustees and any other entity. All Federal trustees are directed to 
consult, coordinate, and cooperate with each other in carrying out 
all of their trustee duties and responsibilities.
    The Administrator of EPA is hereby directed to revise Subpart G 
of the National Oil and Hazardous Substances Pollution Contingency 
Plan to reflect the designations for the Deepwater Horizon Oil Spill 
discussed in this section.

    Today EPA is issuing a final rule revising Subpart G of the 
National Oil and Hazardous Substances Pollution Contingency Plan to 
reflect the designations for the Deepwater Horizon Oil Spill discussed 
in Section 5 of the E.O.
    E.O. 13626 is an exercise of the President's statutory authorities 
under section 311 of the Federal Water Pollution Control Act (FWPCA) 
(33 U.S.C. 1321), section 1006 of the Oil Pollution Act of 1990 (OPA) 
(33 U.S.C. 2706), and 3 U.S.C. 301. Under OPA section 1002, those 
responsible for oil spills are liable for, among other things, damages 
for injury to, destruction of,

[[Page 36430]]

loss of, or loss of use of, natural resources, including the reasonable 
costs of assessing the damage. These damages are recoverable by a 
United States trustee, a State trustee, an Indian tribe trustee, or a 
foreign trustee. 33 U.S.C. 2702(b)(2)(A). Under OPA section 1006, 
Federal trustees are authorized to pursue claims for natural resource 
damages under 33 U.S.C. 2702(b)(2)(A) for natural resources belonging 
to, managed by, controlled by, or appertaining to the United States. 33 
U.S.C. 2706(a). Designated Federal trustees are authorized to: Assess 
natural resource damages for the natural resources under their 
trusteeship; upon request of and reimbursement from a State or Indian 
tribe and at the Federal officials' discretion, assess damages for the 
natural resources under the State's or tribe's trusteeship; and develop 
and implement a plan for the restoration, rehabilitation, replacement, 
or acquisition of the equivalent, of the natural resources under their 
trusteeship. 33 U.S.C. 2706(c).
    In compliance with Section 5 of E.O. 13626, today EPA is amending 
subsection 300.600(b) of Subpart G of the NCP to include a new 
paragraph (5).
    The designation of the Administrator of EPA and the Secretary of 
Agriculture as trustees for the Deepwater Horizon Oil Spill was 
effective upon the President's signature of E.O. 13626. This action 
merely conforms the NCP's trustee ``listing'' provisions for purposes 
of identifying the relevant trustees for a particular incident under 
OPA. See 40 CFR 300.3(b)(6); 59 FR 47385 (Sept. 15, 1994). This action 
is taken solely to comply with E.O. 13626 and includes no other 
amendments to the NCP or other regulatory action. This action applies 
to the Deepwater Horizon Oil Spill only, and does not affect any prior 
or subsequent designations.
    Regulations and procedures governing the conduct and functions of 
trustees for natural resources under OPA are provided in the NCP, and 
the Natural Resource Damage Assessment (NRDA) regulations at 15 CFR 
Part 990 issued by the National Oceanic and Atmospheric Administration 
(NOAA) pursuant to OPA section 1006(e), 33 U.S.C. 2706(e).
    Section 553 of the Administrative Procedure Act (APA), 5 U.S.C. 
553(b)(3)(B), provides that, when an agency for good cause finds 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. There is good cause to revise 
Subpart G of the NCP without providing notice and an opportunity for 
public comment. Notice-and-comment rulemaking is unnecessary because 
this action is ministerial in nature. The President exercised his 
statutory authority under section 311 of the Federal Water Pollution 
Control Act (33 U.S.C. 1321), section 1006 of the Oil Pollution Act of 
1990 (33 U.S.C. 2706), and 3 U.S.C. 301 to designate the Administrator 
and the Secretary as trustees and directed EPA to revise Subpart G of 
the NCP accordingly. There is no discretion to alter the designation 
and this is simply a revision to the text of the Code of Federal 
Regulations to reflect the designations made by the President. 
Providing an opportunity for notice and comment, therefore, is 
unnecessary.
    There also is good cause under APA section 553(d)(3) for this 
revision to become effective on the date of publication of this action. 
Section 553(d)(3) of the APA allows an effective date less than 30 days 
after publication ``as otherwise provided by the agency for good cause 
found and published with the rule.'' 5 U.S.C. 553(d)(3). The purpose of 
the 30-day waiting period prescribed in APA section 553(d)(3) is to 
give affected parties a reasonable time to adjust their behavior and 
prepare before the final rule takes effect. This rule, however, does 
not create any new regulatory requirements or take other actions such 
that affected parties would need time to prepare before the rule takes 
effect. Rather, this action merely revises the listing of trustees in 
Subpart G of the NCP to reflect designations done by the President 
through E.O. 13626. For these reasons, there is good cause under APA 
section 553(d)(3) for this revision to become effective on the date of 
publication of this action.

Statutory and Executive Order Reviews

A. Executive Order 12866: Regulatory Planning and Review and Executive 
Order 13563: Improving Regulation and Regulatory 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 Executive Orders 12866 and 13563 
(76 FR 3821, January 21, 2011).

B. Paperwork Reduction Act

    This action does not impose an information collection burden under 
the provisions of the Paperwork Reduction Act, 44 U.S.C. 3501 et seq. 
Burden is defined at 5 CFR 1320.3(b). This action merely revises the 
list of trustee designations in Subpart G of the NCP to reflect new 
designations the President made in E.O. 13626 and does not require the 
collection of any information.

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 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 Administrative Procedure Act (APA) or any other statute. This rule 
is not subject to notice and comment requirements under the APA or any 
other statute because it does not impose any requirements on any 
entity, including small entities.

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. The 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 or 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.

E. Executive Order 13132 (Federalism)

    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 merely revises the list 
of trustee designations in Subpart G of the NCP to reflect new 
designations the President made in E.O. 13626. Thus, Executive Order 
13132 does not apply to this action.

F. Executive Order 13175

    This action does not have tribal implications, as specified in 
Executive Order 13175 (65 FR 67249, November 9, 2000). It does not 
create new binding legal requirements that substantially and directly 
affect Tribes. Thus, Executive Order 13175 does not apply to this 
action.

[[Page 36431]]

G. Executive Order 13045: Protection of Children From Environmental 
Health Risks and Safety Risks

    EPA interprets EO 13045 (62 FR 19885, April 23, 1997) as applying 
only to those regulatory actions that concern health or safety risks, 
such that the analysis required under section 5-501 of the EO has the 
potential to influence the regulation. This action is not subject to EO 
13045 because it does not establish an environmental standard intended 
to mitigate health or safety risks.

H. Executive Order 13211: Actions Concerning Regulations That 
Significantly Affect Energy Supply, Distribution, or Use

    This action is not subject to Executive Order 13211 (66 FR 28355 
(May 22, 2001)), because it is not a significant regulatory action 
under Executive Order 12866.

I. Executive Order 12898: Federal Actions To Address Environmental 
Justice in Minority Populations and Low-Income Populations

    Executive Order (EO) 12898 (59 FR 7629 (Feb. 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.

J. 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 therefore, and established an effective date of June 27, 2014. 
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 300

    Environmental protection, Chemicals, Hazardous materials, Hazardous 
substances, Intergovernmental relations, Natural resources, Oil 
pollution.

    Dated: June 18, 2014.
Gina McCarthy,
Administrator.

    For the reasons set out in the preamble, 40 CFR part 300 is amended 
as follows:

PART 300--NATIONAL OIL AND HAZARDOUS SUBSTANCES POLLUTION 
CONTINGENCY PLAN

0
1. The authority citation for part 300 is revised to read as follows:

    Authority:  33 U.S.C. 1321(c)(2); 42 U.S.C. 9601-9657; E.O. 
13626, 77 FR 56749, 3 CFR, 2013 Comp., p.306; E.O. 12777, 56 FR 
54757, 3 CFR, 1991 Comp., p.351; E.O. 12580, 52 FR 2923, 3 CFR, 1987 
Comp., p.193.

Subpart G--Trustees for Natural Resources

0
2. Section 300.600 is revised by adding paragraph (b)(5), to read as 
follows:


Sec.  300.600  Designation of federal trustees.

* * * * *
    (b) * * *
    (5) Additional trustees for the Deepwater Horizon Oil Spill. The 
Administrator of EPA and the Secretary of Agriculture shall act as 
trustees in connection with injury to, destruction of, loss of, or loss 
of use of natural resources, including their supporting ecosystems, 
resulting from the Deepwater Horizon Oil Spill.

[FR Doc. 2014-15158 Filed 6-26-14; 8:45 am]
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