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Environmental Protection Agency 40 CFR Part 112 Oil Pollution Prevention and Response; Non-Transportation-Related Onshore and Offshore Facilities; Final Rule

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Environmental Protection Agency 40 CFR Part 112 Oil Pollution Prevention and Response; Non-Transportation-Related Onshore and Offshore Facilities; Final Rule Wednesday, July 17, 2002 Part II Environmental Protection Agency 40 CFR Part 112 Oil Pollution Prevention and Response; Non-Transportation-Related Onshore and Offshore Facilities; Final Rule VerDate jun<06>2002 18:03 Jul 16, 2002 Jkt 197001 PO 00000 Frm 00001 Fmt 4717 Sfmt 4717 E:\FR\FM\17JYR2.SGM pfrm15 PsN: 17JYR2 47042 Federal Register / Vol. 67, No. 137 / Wednesday, July 17, 2002 / Rules and Regulations ENVIRONMENTAL PROTECTION ADDRESSES: The official record for this A. Statutory Authority AGENCY rulemaking is located in the Superfund B. Background of This Rulemaking Docket at 1235 Jefferson Davis Highway, III. Summary of Major Rule Provisions 40 CFR Part 112 Crystal Gateway 1, Arlington, Virginia IV. Discussion of Issues A. Reorganization of the Rule [FRL–7241–5] 22202, Suite 105. The docket numbers for the final rule are SPCC–1P, SPCC– B. Plain Language Format RIN 2050–AC62 C. ‘‘Should to Shall to Must’’ Clarification 2P, and SPCC–7. The record supporting D. Professional Engineers (PEs) this rulemaking is contained in the Oil Pollution Prevention and 1. State Registration Superfund Docket and is available for Response; Non-Transportation-Related 2. PEs Employed by the Facility inspection by appointment only, Onshore and Offshore Facilities 3. Completion of Testing between the hours of 9 a.m. and 4 p.m., 4. Site Visits AGENCY: Environmental Protection Monday through Friday, excluding legal E. Electrical Facilities and Other Agency (EPA). holidays. You may make an Operational Users of Oil ACTION: Final rule. appointment to review the docket by F. Discretionary Provisions calling 703–603–9232. You may copy a G. Design Capabilities of Drainage Systems, SUMMARY: The Environmental Protection maximum of 100 pages from any Other than Production Facilities Agency (EPA or the Agency or we) is regulatory docket at no cost. If the H. Compliance Costs amending the Oil Pollution Prevention number of pages exceeds 100, however, I. Contingency Planning and Notification regulation promulgated under the we will charge you $0.15 for each page J. Reproposal K. Industry Standards authority of the Clean Water Act. This after 100. The docket will mail copies of rule includes requirements for Spill V. Section by Section Analysis (Includes: materials to you if you are outside of the Background, Comments, and Response to Prevention, Control, and Washington, DC metropolitan area. Countermeasure (SPCC) Plans, and for Comments) FOR FURTHER INFORMATION CONTACT: VI. Summary of Supporting Analyses Facility Response Plans (FRPs). The Hugo Paul Fleischman, Oil Program A. Executive Order 12866—OMB Review final rule includes new subparts Center, U.S. Environmental Protection B. Executive Order 12898—Environmental outlining the requirements for various Justice classes of oil; revises the applicability of Agency, at 703–603–8769 ([email protected]); or the C. Executive Order 13045—Children’s the regulation; amends the requirements Health for completing SPCC Plans; and makes RCRA/Superfund Hotline at 800–424– 9346 (in the Washington, DC D. Executive Order 13175—Consultation other modifications. The final rule also and Coordination with Indian Tribal metropolitan area, 703–412– contains a number of provisions Governments designed to decrease regulatory burden 9810)([email protected]). The E. Executive Order 13132—Federalism on facility owners or operators subject Telecommunications Device for the Deaf F. Executive Order 13211—Energy Effects to the rule, while preserving (TDD) Hotline number is 800–553–7672 G. Regulatory Flexibility Act environmental protection. We expect (in the Washington, DC metropolitan H. Unfunded Mandates Reform Act that today’s rule will reduce the area, 703–412–3323). You may wish to I. Paperwork Reduction Act paperwork burden associated with visit the Oil Program’s Internet site at J. National Technology Transfer and SPCC requirements by approximately www.epa.gov/oilspill. Advancement Act 40%. We have also made the regulation SUPPLEMENTARY INFORMATION: The K. Congressional Review Act easier to understand and use. contents of this preamble are as follows: I. Entities Affected by This Rule DATES: This rule is effective August 16, I. Entities Affected by This Rule Entities Potentially Regulated by this Rule 2002. II. Introduction Include: CATEGORY NAICS Codes Crop and Animal Production ........................................................................................................................... 111–112. Crude Petroleum and Natural Gas Extraction ................................................................................................. 211111. Coal Mining, Non-Metallic Mineral Mining and Quarrying ............................................................................... 2121/2123/213114/213116. Electric Power Generation, Transmission, and Distribution ............................................................................ 2211. Heavy Construction ......................................................................................................................................... 234. Petroleum and Coal Products Manufacturing ................................................................................................. 324. Other Manufacturing ........................................................................................................................................ 31–33. Petroleum Bulk Stations and Terminals .......................................................................................................... 42271. Gasoline Stations/Automotive Rental and Leasing ......................................................................................... 4471/5321. Heating Oil Dealers ......................................................................................................................................... 454311. Transportation (including Pipelines), Warehousing, and Marinas ................................................................... 482–486/488112–48819/4883/48849/ 492–493/71393. Elementary and Secondary Schools, Colleges ............................................................................................... 6111–6113. Hospitals/Nursing and Residential Care Facilities .......................................................................................... 622–623. ‘‘NAICS’’ refers to the North for readers regarding entities likely to be the criteria in §§ 112.1 and 112.20 of American Industry Classification regulated by this action. It lists the types title 40 of the Code of Federal System, a method of classifying various of entities of which we are now aware Regulations and of today’s rule, which facilities. The NAICS was adopted by that could potentially be regulated by explain the applicability of the rule. If the United States, Canada, and Mexico this action. Other types of entities not you have questions regarding the on January 1, 1997 to replace the listed in the table could also be applicability of this action to a Standard Industrial Classification (SIC) regulated. To determine whether your particular entity, consult the person code. This table is not intended to be facility could be regulated by this listed in the FOR FURTHER INFORMATION exhaustive, but rather provides a guide action, you should carefully examine CONTACT section. VerDate jun<06>2002 18:03 Jul 16, 2002 Jkt 197001 PO 00000 Frm 00002 Fmt 4701 Sfmt 4700 E:\FR\FM\17JYR2.SGM pfrm15 PsN: 17JYR2 Federal Register / Vol. 67, No. 137 / Wednesday, July 17, 2002 / Rules and Regulations 47043 II. Introduction rulemaking affects SPCC and FRP 112.21. We have finalized the proposed requirements. The SPCC requirements 1993 prevention requirements, with A. Statutory Authority were originally promulgated on modifications, in this rule. Section 311(j)(1)(C) of the Clean Water December 11, 1973 (38 FR 34164), under In 1996, EPA completed a survey and Act (CWA or Act), 33 U.S.C. 1251, the authority of section 311(j)(1)(C) of analysis of SPCC facilities. The survey requires the President to issue the Act. The regulation established spill was designed to ensure that data on the regulations establishing procedures, prevention procedures, methods, and sampled facilities could be statistically methods, equipment, and other equipment requirements for non- extrapolated to the nation as a whole for requirements to prevent discharges of transportation-related onshore and all facilities regulated by EPA’s SPCC oil from vessels and facilities and to offshore facilities with aboveground regulation. We used the results of that contain such discharges. The President storage capacity greater than 1,320 survey and analysis to develop a has delegated the authority to regulate gallons (or greater than 660 gallons in a proposed rule affecting SPCC facilities non-transportation-related onshore single container), or completely buried on December 2, 1997. 62 FR 63812. The facilities under section 311(j)(1)(C) of oil storage capacity greater than 42,000 survey and analytical results are part of the Act to the U.S. Environmental gallons. Regulated facilities were also the administrative record for this Protection Agency. Executive Order limited to those that, because of their rulemaking. 12777, section 2(b)(1), (56 FR 54757, location could reasonably be expected The purpose of the 1997 proposal was October 22, 1991), superseding to discharge oil in harmful quantities to reduce the information collection Executive Order 11735, 38 FR 21243. By into the navigable waters of the United burden imposed by the prevention
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