Federal Register/Vol. 80, No. 14/Thursday, January 22, 2015
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3380 Federal Register / Vol. 80, No. 14 / Thursday, January 22, 2015 / Proposed Rules ENVIRONMENTAL PROTECTION information to support agent information whose disclosure is AGENCY preauthorization or authorization of use restricted by statute. Certain other decisions. material, such as copyrighted material, 40 CFR Parts 110 and 300 DATES: Comments must be received on will be publicly available only in hard copy. Publicly available docket [EPA–HQ–OPA–2006–0090; FRL–9689–9– or before April 22, 2015. OSWER] ADDRESSES: Submit your comments, materials are available either identified by Docket ID No. EPA–HQ– electronically in http:// RIN 2050–AE87 OPA–2006–0090, by one of the www.regulations.gov or in hard copy at the EPA Docket, EPA/DC, EPA West, National Oil and Hazardous following methods: • Federal Rulemaking Portal: http:// Room 3334, 1301 Constitution Avenue Substances Pollution Contingency NW., Washington, DC. The Public Plan www.regulations.gov. Follow the on-line instructions for submitting comments. Reading Room is open from 8:30 a.m. to AGENCY: U.S. Environmental Protection • Mail: The mailing address of the 4:30 p.m., Monday through Friday, Agency (EPA). docket for this rulemaking is EPA excluding legal holidays. The telephone number for the Public Reading Room is ACTION: Proposed rule. Docket Center (EPA/DC), Docket ID No. EPA–HQ–OPA–2006–0090, 1200 202–566–1744 to make an appointment SUMMARY: The Environmental Protection Pennsylvania Avenue NW., Washington, to view the docket. Agency (EPA or the Agency) proposes to DC 20460. FOR FURTHER INFORMATION CONTACT: For amend the requirements in Subpart J of • Hand Delivery: Such deliveries are general information, contact the the National Oil and Hazardous only accepted during the Docket’s Superfund, TRI, EPCRA, RMP, and Oil Substances Pollution Contingency Plan normal hours of operation, and special Information Center at 800–424–9346 or (NCP) that govern the use of dispersants, arrangements should be made for TDD at 800–553–7672 (hearing other chemical and biological agents, deliveries of boxed information. impaired). In the Washington, DC and other spill mitigating substances Instructions: Direct your comments to metropolitan area, contact the when responding to oil discharges into Docket ID No. EPA–HQ–OPA–2006– Superfund, TRI, EPCRA, RMP, and Oil waters of the United States (U.S.). The 0090. EPA’s policy is that all comments Information Center at 703–412–9810 or proposal addresses the efficacy, toxicity, received will be included in the public TDD 703–412–3323. For more detailed environmental monitoring of docket without change and may be information on this proposed rule dispersants, and other chemical and made available online at http:// contact Gregory Wilson at 202–564– biological agents, as well as public, www.regulations.gov, including any 7989 ([email protected]) or state, local, and federal officials’ personal information provided, unless Vanessa Principe at 202–564–7913 concerns regarding their use. the comment includes information ([email protected]). The Specifically, the proposal amends the claimed to be Confidential Business contacts address is: U.S. Environmental Subpart J regulatory requirements for Information (CBI) or other information Protection Agency, Office of Emergency the NCP Product Schedule (Schedule) whose disclosure is restricted by statute. Management, Regulations by adding new listing criteria, revising Do not submit information that you Implementation Division, 1200 the efficacy and toxicity testing consider to be CBI or otherwise Pennsylvania Avenue NW., Washington, protocols, and clarifying the evaluation protected through DC 20460–0002, Mail Code 5104A, or criteria for removing products from the http://www.regulations.gov. The http:// visit the Office of Emergency Schedule. The Agency also proposes www.regulations.gov Web site is an Management Web site at http:// amended requirements for the ‘‘anonymous access’’ system, which www.epa.gov/oem/. authorities, notifications, monitoring, means EPA will not know your identity SUPPLEMENTARY INFORMATION: The and data reporting when using chemical or contact information unless you contents of this preamble are: or biological agents in response to oil provide it in the body of your comment. I. General Information discharges to the navigable waters of the If you submit an electronic comment, II. Entities Potentially Affected by This United States and adjoining shorelines, EPA recommends that you include your Proposed Rule the waters of the contiguous zone, and name and other contact information in III. Statutory Authority and Delegation of the high seas beyond the contiguous the body of the comment and with any Authority zone in connection with activities under disk or CD–ROM you submit. If EPA IV. Background A. Historical Background the Outer Continental Shelf Lands Act, cannot read your comment due to B. Current Statute and Regulation activities under the Deepwater Port Act technical difficulties and cannot contact C. Advanced Response Planning of 1974, or activities that may affect you for clarification, EPA may not be V. This Action natural resources belonging to, able to consider your comment. A. Discharge of Oil appertaining to, or under the exclusive Electronic files should avoid the use of B. Subpart A—Introduction management authority of the United special characters, any form of 1. Definitions States, including resources under the encryption, and be free of any defects or C. Subpart J—Use of Dispersants, and Magnuson Fishery Conservation and Other Chemical and Biological Agents viruses. Comments and suggestions 1. General Management Act of 1976. These regarding the scope of any future 2. Authorization of Use requirements are anticipated to rulemaking should be clearly 3. Monitoring the Use of Dispersants encourage the development of safer and differentiated from comments specific to 4. Data and Information Requirements for more effective spill mitigating products, this proposal (e.g., label Suggestions for Product Schedule Listing and would better target the use of these Future Rulemaking and Comments on 5. Submission of Confidential Business products to reduce the risks to human Current Proposal). Information (CBI) health and the environment. Further, Docket: All documents in the docket 6. Addition of a Product to the Schedule 7. Mandatory Product Disclaimer the amendments are intended to ensure are listed in the http:// 8. Removal of a Product From the Schedule that On-Scene Coordinators (OSCs), www.regulations.gov index. Although 9. Appendix C to Part 300 Regional Response Teams (RRTs), and listed in the index, some information is 10. Appendix E to Part 300 Area Committees have sufficient not publicly available, e.g., CBI or other VI. Summary of Proposed Rule Provisions VerDate Sep<11>2014 19:42 Jan 21, 2015 Jkt 235001 PO 00000 Frm 00002 Fmt 4701 Sfmt 4702 E:\FR\FM\22JAP3.SGM 22JAP3 emcdonald on DSK67QTVN1PROD with PROPOSALS3 Federal Register / Vol. 80, No. 14 / Thursday, January 22, 2015 / Proposed Rules 3381 VII. Statutory and Executive Order Reviews EPA’s effort to inform the use of • Monitoring the Use of Dispersant. A. Executive Order 12866: Regulatory dispersants and other chemical or Establish monitoring requirements for Planning and Review and Executive biological agents when responding to oil dispersant use in response to major Order 13563: Improving Regulation and discharges. They incorporate lessons discharges and/or certain dispersant use Regulatory Review learned from the federal government’s situations. B. Paperwork Reduction Act • C. Regulatory Flexibility Act (RFA) experiences in the Gulf, and address General Product Information for D. Unfunded Mandates Reform Act recommendations specific to agent Schedule Listing. Revise and establish E. Executive Order 13132: Federalism testing and use in response to oil requirements, including designation of F. Executive Order 13175: Consultation discharges from the National and testing for all product categories and Coordination With Indian Tribal Commission on the BP Deepwater under which the listing is requested, Governments Horizon Oil Spill and Offshore Drilling Safety Data Sheets, sample product G. Executive Order 13045: Protection of Report to the President. labels, shelf life, collection and Children From Environmental Health The proposed amendments would recovery, persistence in the Risks and Safety Risks H. Executive Order 13211: Actions That help to ensure that only products that environment, storage and use Significantly Affect Energy Supply, perform effectively in laboratory testing conditions, physical and chemical Distribution or Use would be listed on the NCP Product properties, component identities, I. National Technology Transfer and Schedule (Schedule) for use in concentration limits on National Water Advancement Act mitigating the effects of oil discharges in Quality Criteria and Standards J. Executive Order 12898: Environmental the environment. Manufacturers would contaminants, laboratory accreditations, Justice be required to provide more detailed submission of all testing data and I. General Information product application materials, calculations, production capabilities, ecological toxicity data, and human and any other data or certification In April 2010, the Deepwater Horizon health and safety information, including informing the product’s performance underwater oil well blowout discharged more detailed instructions for product capabilities or environmental benefits. significant quantities of