[Federal Register: June 19, 2009 (Volume 74, Number 117)]
[Rules and Regulations]
[Page 29136-29142]
[DOCID:fr19jn09-13]

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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 112

[EPA-HQ-OPA-2008-0546; FRL-8919-9]
RIN 2050-AG49

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

AGENCY: Environmental Protection Agency.

ACTION: Final rule.

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SUMMARY: The Environmental Protection Agency (EPA) is amending the
dates by which facilities must prepare or amend their Spill Prevention,
Control, and Countermeasure (SPCC) Plans, and implement those Plans to
November 10, 2010. The Agency is also establishing November 10, 2010 as
the date for farms to prepare or amend their Spill Prevention, Control,
and Countermeasure Plans (SPCC Plans), and implement those Plans.

DATES: This final rule is effective June 19, 2009.

ADDRESSES: The public docket for this rulemaking, Docket ID No. EPA-HQ-
OPA-2008-0546, contains the information related to this rulemaking,
including the response to comment document. All documents in the docket
are listed in index at the http://www.regulations.gov. Although listed
in the index, some information may not be publicly available, such as
Confidential Business Information (CBI) or other information the
disclosure of which is restricted by statute. Certain other material,
such as copyrighted material, will be publicly available only in hard
copy. Publicly available docket materials are available either
electronically at http://www.regulations.gov or in hard copy at the EPA
Docket, EPA/DC, EPA West, Room 3334, 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, excluding legal holidays. The telephone
number of the Public Reading Room is<PHONE_NUMBER>, and the telephone
number to make an appointment to view the docket is<PHONE_NUMBER>.

FOR FURTHER INFORMATION CONTACT: For general information, contact the
Superfund, TRI, EPCRA, RMP and Oil Information Center at<PHONE_NUMBER>
or TDD<PHONE_NUMBER> (hearing impaired). In the Washington, DC
metropolitan area, call<PHONE_NUMBER> or TDD<PHONE_NUMBER>. For more
detailed information on specific aspects of this final rule, contact
either Vanessa Principe at<PHONE_NUMBER><EMAIL_ADDRESS>or
Mark W. Howard at<PHONE_NUMBER> (howard.markw@epa.gov), U.S.
Environmental Protection Agency, 1200 Pennsylvania Avenue, NW.,
Washington, DC 20460-0002, Mail Code 5104A.

SUPPLEMENTARY INFORMATION:

I. General Information

Does This Action Apply to Me?

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                Industry sector                         NAICS code
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Oil Production.................................                   211111
Farms..........................................                 111, 112
Electric Utility Plants........................                     2211
Petroleum Refining and Related Industries......                      324
Chemical Manufacturing.........................                      325
Food Manufacturing.............................                 311, 312
Manufacturing Facilities Using and Storing                      311, 325
 Animal Fats and Vegetable Oils................
Metal Manufacturing............................                 331, 332
Other Manufacturing............................                    31-33
Real Estate Rental and Leasing.................                  531-533

Retail Trade...................................    441-446, 448, 451-454
Contract Construction..........................                       23
Wholesale Trade................................                       42
Other Commercial...............................   492, 541, 551, 561-562
Transportation.................................                  481-488
Arts Entertainment & Recreation................                  711-713
Other Services (Except Public Administration)..                  811-813
Petroleum Bulk Stations and Terminals..........                     4247
Education......................................                       61
Hospitals & Other Health Care..................                 621, 622
Accommodation and Food Services................                 721, 722
Fuel Oil Dealers...............................                    45431
Gasoline stations..............................                     4471
Information Finance and Insurance..............                   51, 52
Mining.........................................                      212
Warehousing and Storage........................                      493
Religious Organizations........................                   813110
Military Installations.........................                   928110
Pipelines......................................              4861, 48691
Government.....................................                       92
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    The list of potentially affected entities in the above table may
not be exhaustive. The Agency's goal is to provide a guide for readers
to consider regarding entities that potentially could be affected by
this action. However, this final rule may affect other entities not
listed in this table. If you have questions regarding the applicability
of this action to a particular entity, consult the person listed in the
preceding section titled FOR FURTHER INFORMATION CONTACT.

II. 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.

III. Background

    On July 17, 2002, the Agency published a final rule that amended
the Spill Prevention, Control, and Countermeasure (SPCC) regulations
(67 FR 47042). The rule became effective on August 16, 2002. The final
rule included compliance dates in Sec.  112.3 for preparing, amending,
and implementing SPCC Plans. Since that time, the compliance dates were
amended on January 9, 2003 (68 FR 1348), on April 17, 2003 (68 FR
18890), on August 11, 2004 (69 FR 48794), on February 17, 2006 (71 FR
8462), and on May 16, 2007 (72 FR 27444).
    On December 26, 2006, EPA finalized a set of SPCC amendments that
address certain targeted areas of the SPCC requirements, based on
issues and concerns raised by the regulated community (71 FR 77266). In
addition, while EPA worked to determine if the agriculture sector
warranted specific consideration under the SPCC rule, it extended the
compliance dates for preparing, or amending and implementing SPCC Plans
for farms subject to SPCC (71 FR 77266, December 26, 2006). Under the
provisions in Sec.  112.3(a) and (b), the compliance dates for farms
were extended until the effective date of a rule that establishes the
SPCC requirements specifically for this sector or that otherwise
establishes dates by which farms must comply with the provisions of
this part. This final rule establishes such dates.
    On December 5, 2008 (73 FR 74236), EPA amended the SPCC rule to
provide increased clarity, tailor requirements to particular industry
sectors (including farms), and streamline certain requirements for a
facility owner or operator subject to the rule. The effective date of
the December 2008 rulemaking was delayed until April 4, 2009, in
accordance with the January 20, 2009 White House memorandum entitled,
``Regulatory Review,'' and the memorandum from the Office of Management
and Budget entitled, ``Implementation of Memorandum Concerning
Regulatory Review'' (M-09-08, January 21, 2009) (OMB memorandum) (74 FR
5900, February 3, 2009). The Agency took this action to ensure that the
rule properly reflects consideration of all relevant facts. EPA
requested public comment on the delay of the effective date and its
duration, and on the regulatory amendments contained in the final rule.
EPA received numerous comments on these regulatory amendments. Many
comments offered recommendations related to specific amendments, such
as the optional approaches for produced water containers and the
criteria for qualified oil production facilities. Many other amendments
received no comment or received support and ultimately may not change.
Consistent with the January 21, 2009 OMB memorandum ``Implementation of
Memorandum Concerning Regulatory Review,'' the EPA Administrator has
chosen the December 2008 rule for additional assessment; therefore, EPA
must carefully consider the issues raised in these comments. Because
EPA could not adequately address the comments before the April 4, 2009
effective date, it has again delayed the effective date of the final
rule to allow sufficient time to review and address these comments. The
December 2008 SPCC amendments will become effective on January 14, 2010
(74 FR 14736, April 1, 2009).
    On November 26, 2008 (73 FR 72016), EPA proposed to amend the dates
by which facilities must prepare or amend their SPCC Plans, and
implement those Plans, and proposed to establish dates for farms to
prepare or amend their SPCC Plans, and implement those Plans. Different
dates were proposed for farms and oil production facilities that meet
the qualified facilities criteria in Sec.  112.3(g). Although the
Agency finalized a compliance date extension in January 2009, that
action was never published in the Federal Register. This notice
finalizes the November 2008 proposal to extend the compliance dates in
Sec.  112.3. This compliance date extension was intended to provide the
owner or operator of a facility the opportunity to fully understand the
regulatory amendments offered by all of the amendments to the SPCC rule
since July 2002.

IV. Summary of This Final Rule

    This final rule amends the dates in Sec.  112.3(a), (b) and (c) by
which facilities, including farms, must prepare or amend their SPCC
Plans, and implement those Plans. The revision also includes a
technical correction in Sec.  112.3(a)(1) to

address a misspelling of the word ``must.'' Under the amended Sec.
112.3(a), the owner or operator of a facility that was in operation on
or before August 16, 2002, must maintain his SPCC Plan, make any
necessary amendments to the Plan and fully implement it by November 10,
2010, while the owner or operator of a facility that came into
operation after August 16, 2002, but before November 10, 2010, is
required to prepare and implement an SPCC Plan on or before November
10, 2010.
    Under the amended Sec.  112.3(b)(1), the owner or operator of an
onshore or offshore facility that becomes operational after November
10, 2010, and could reasonably be expected to have a discharge as
described in Sec.  112.1(b), must prepare and implement a Plan before
beginning operations. The Agency is establishing the same compliance
dates for farms as for all other facilities and thus, this rule amends
the paragraphs in Sec.  112.3 specific to farms (Sec.  112.3(a)(2) and
(b)(2)) to include the November 10, 2010 compliance date. Additionally,
the rule text in Sec.  112.3(a)(2) and (b)(2) is revised to remove
reference to ``onshore facility'' because this text is unnecessary. For
simplicity, the rule text now references ``a farm as defined in Sec.
112.2.''
    Under amended Sec.  112.3(c), an owner or operator of a mobile
facility is required to maintain his SPCC Plan, but must make any
necessary amendments and implement it on or before November 10, 2010.
The owner or operator of an onshore or offshore mobile facility that
becomes operational after November 10, 2010, and could reasonably be
expected to have a discharge as described in Sec.  112.1(b), must
prepare and implement an SPCC Plan before beginning operations.
    The Agency believes that an extension of the compliance date is
appropriate because it provides the owner or operator of a facility the
opportunity to fully understand all of the regulatory amendments
offered by revisions to the SPCC rule promulgated since July 2002.\1\
This extension will allow the regulated community approximately 16
months beyond the previous compliance date of July 1, 2009 to make
changes to their facilities and to their SPCC Plans necessary to comply
with the revised SPCC requirements. Furthermore, because EPA has not
yet decided how to proceed on the December 2008 rule amendments, the
Agency believes that this compliance date extension provides sufficient
time for the Agency to review those comments and to promulgate any
additional revisions that result from this review. The Agency expects
to promulgate final revisions to the December 5, 2008 amendments, if
any, in November of 2009 and is therefore choosing a compliance date
that is approximately one year from the expected publication date of
those revisions.
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    \1\ As stated in the rule, a facility owner or operator must
maintain its existing SPCC Plan. A facility owner or operator who
wants to take advantage of the July 2002 and December 2006
regulatory changes may do so, but will need to modify the existing
SPCC Plan accordingly.
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    The Agency also believes the compliance date for farms established
in this notice is warranted for several reasons. The original
compliance date extension for farms (71 FR 77266, December 26, 2006)
allowed the Agency to conduct additional information collection and
analyses to determine if differentiated SPCC requirements may be
appropriate for farms. The Agency worked with the U.S. Department of
Agriculture (USDA) to collect data to more accurately characterize oil
handling at these facilities, thus allowing the Agency to better tailor
and streamline the SPCC requirements to address the concerns of the
farming sector; on December 5, 2008 (73 FR 74236), EPA promulgated a
final set of SPCC amendments that targeted certain SPCC requirements
particularly relevant to farms. Given the delay in the effective date
for the December 2008 amendments, the compliance date amendment
provides facilities the necessary time to fully understand the
regulatory amendments, including the July 2002 and December 2006 SPCC
amendments, in addition to those finalized on December 5, 2008. The
final compliance date allows this sector sufficient time to make
changes to their facilities and to their SPCC Plans necessary to comply
with the revised requirements.
    The Agency believes that a single compliance date for all regulated
facilities avoids potential confusion by an owner or operator when
determining the date for compliance at his facility. In providing a
single compliance date applicable to all sectors, EPA believes that
facility owners and operators will have additional clarity which will
result in increased compliance with the SPCC rule. However, if an owner
or operator of an SPCC-regulated facility requires additional time to
comply with the SPCC rule, he may submit a written request to the
Regional Administrator in accordance with Sec.  112.3(f). Such requests
will be granted if the Regional Administrator finds that the owner or
operator cannot comply with all SPCC requirements by the compliance
date as a result of either non-availability of qualified personnel, or
delays in construction or equipment delivery beyond his control.
    It should be noted that these compliance date amendments affect
only requirements of the July 2002 and December 2006 SPCC rule
amendments (July 17, 2002, 67 FR 47042; and December 26, 2006, 71 FR
77266) that impose new or more stringent compliance obligations than
did the 1973 SPCC rule. Provisions in these amendments that provide
regulatory relief are not affected by these compliance date amendments
because they would not require amendments to existing Plans ``to ensure
compliance'' (see Sec.  112.3). Provisions in these amendments that
provide regulatory relief to facilities are applicable as of the
effective date of the amendment. Once the December 2008 rule (December
5, 2008, 73 FR 74236) becomes effective, the regulatory relief applies
immediately but the facility owner or operator must amend the SPCC Plan
to include more stringent provisions by the compliance date. This issue
was discussed by the Agency in two previous extension notices on April
17, 2003 (68 FR 18890, at 18892-18893), and on August 11, 2004 (69 FR
48794, at 48796).
    This rule is effective immediately. Section 553(d) of the
Administrative Procedures Act requires 30 days notice before the
effective date of a final rule. However, section 553(d)(1) allows an
exception to the 30-day notice where a rule relieves a restriction.
Because this final rule relieves a restriction, the Agency invokes
section 553(d)(1) to allow an immediate effective date.

V. Response to Comment

    The Agency received approximately 25 comments on the proposed rule.
The discussion below summarizes and responds to the major comments
received. A more complete response to comments can be found in the
docket for this rulemaking, EPA-HQ-OPA-2008-0546.
    Comments. The majority of comments supported the Agency's proposal
to extend the compliance dates in Sec.  112.3. They agreed with the
Agency that the extension was necessary to allow owners and operators
sufficient time to amend and implement their SPCC Plans. Of those that
supported an extension of the compliance dates, some comments agreed
with extending the compliance dates as proposed. Other comments
supported an extension, but did not agree with the length of the
extension proposed by the Agency. These requests cited the extent of

modifications necessary at facilities, the need to obtain the services
of Professional Engineers (PE), and the need for EPA to revise the SPCC
Guidance for Regional Inspectors to help stakeholders better understand
the regulations and the December 2006 and December 2008 regulatory
amendments.
    Specifically, a number of comments requested that the Agency extend
the compliance date to December 5, 2009. These comments argued that,
because the official promulgation of the rule occurred with its
publication in the Federal Register on December 5, 2008, the one-year
compliance period should be calculated from that date.
    A subset of comments also requested that the Agency reinstate a
six-month interim period between the compliance dates for Plan
amendment and implementation. Those comments requested that the date
for implementing amended SPCC Plans be revised to include a six-month
period after the date for Plan amendment. Thus, if the Agency extended
the compliance date for one year for Plan amendment, comments suggested
that the Agency provide an additional 6 months to actually implement
the Plan, for a total of 18 months.
    Some comments requested that the compliance date for oil production
facilities that do not meet the qualified facilities criteria in Sec.
112.3(g) be extended to December 5, 2010, to allow an additional year
for two full years from publication of the final rule amendments in the
Federal Register. These comments indicated that the November 20, 2009
date provides insufficient time to comply with the rule.
    Other comments objected to the Agency's proposal of different
compliance dates for qualified farms and qualified oil production
facilities. Comments requested that the compliance dates for all farms
and oil production facilities, whether they meet the qualified
facilities criteria in Sec.  112.3(g) or not, be extended to November
20, 2013. Those comments stated that assigning differentiated
compliance dates to different industries was unnecessary and that
additional time was necessary to conduct outreach and compliance
assistance to the regulated community. Some comments also stated that
assigning differentiated compliance dates to qualified facilities and
all other facilities within one industry caused confusion over the
applicability of the rule.
    Response to comment. EPA agrees with comments that an extension of
the compliance dates is necessary because it provides the owner or
operator of a facility the opportunity to fully understand the
regulatory amendments offered by revisions to the SPCC rule promulgated
on December 5, 2008 (73 FR 74236). The Agency expects to promulgate
final revisions to the December 5, 2008 amendments, if any, in November
of 2009 and is therefore choosing a compliance date that is
approximately one year from the expected publication date of those
revisions. This will allow the regulated community time to fully
understand all of the regulatory amendments offered by revisions to the
SPCC rule promulgated since July 2002.
    The Agency proposed a two-year and a five-year extension of the
compliance dates for farms and oil production facilities, respectively,
that meet the qualified facilities criteria in Sec.  112.3(g). This was
intended to allow additional time for EPA to partner with Federal and
state agencies and industry stakeholders to conduct outreach and
compliance assistance to these facilities. However, after reviewing
comments and further considering the amendments that were recently
promulgated in December 2008, EPA believes that an extension of the
compliance dates to November 10, 2010 is appropriate for all facilities
for a number of reasons.
    The SPCC compliance dates have been delayed since the promulgation
of amendments in July 2002; during this time, new facilities (those
that have become operational after the effective date of the July 2002
amendments) have not yet been required to prepare and implement an SPCC
Plan. Therefore, EPA believes that any compliance date beyond the
extension finalized in this action would be inappropriate and not
environmentally protective.
    Facilities in operation prior to the effective date of the July
2002 amendments are required to maintain their SPCC Plans and have had
ample time to schedule and conduct facility modifications (as
necessary) to comply with these amendments. Additionally, because the
SPCC amendments published in December 2006 and December 2008 were
intended to streamline rule requirements, facilities should not require
extensive modifications in order to comply with these regulatory
amendments.
    Since promulgating the 2002 amendments to the SPCC rule, the Agency
has and will continue to provide outreach and compliance assistance to
SPCC regulated facilities so that a compliance extension to November
10, 2010 should be sufficient. The Agency does not believe that ongoing
outreach activities or updates to guidance are a basis for further
extending the compliance date.
    Finally, EPA provided an option to allow owners and operators of
eligible facilities to self-certify their SPCC Plans in December 2006,
thereby minimizing reliance on PEs to certify SPCC Plans. This should
greatly reduce the scheduling problems associated with obtaining a PE
to certify a facility's SPCC Plan amendments.
    It should also be noted that if an owner or operator of an SPCC-
regulated facility requires additional time to comply with the SPCC
rule, he may submit a written request to the Regional Administrator in
accordance with Sec.  112.3(f). The Regional Administrator may
authorize an extension of time for the owner or operator to prepare or
amend and implement an SPCC Plan for the facility, when he finds that
the owner or operator cannot comply with all SPCC requirements by the
compliance date as a result of either non-availability of qualified
personnel, or delays in construction or equipment delivery beyond his
control.
    The Agency disagrees with those comments that suggest the
compliance dates be amended to exactly correspond with the publication
date of the final rule amendments in the Federal Register on December
5, 2008. Because EPA has delayed the effective date of the December
2008 rule amendments until January 14, 2010, the Agency believes that
it will cause less confusion among the regulated community to extend
the compliance date by one year beyond the approximate date when
revisions, if any, to the December 2008 amendments are promulgated.\2\
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    \2\ Based on the Congressional Review Act which requires that
the Agency allow 60 days after promulgation of a major rule before
it goes into effect, the Agency will need to promulgate any
amendments to the December 2008 rule by November 2009.
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    The Agency also disagrees with comments that requested that EPA
incorporate a six-month period between the SPCC Plan preparation/
amendment date and the SPCC Plan implementation date. In February 2006,
the Agency eliminated the gap between SPCC Plan preparation/amendment
and implementation to allow the owner or operator of a facility
additional time to prepare or amend the SPCC Plan (71 FR 8462, February
17, 2006). The Agency still believes that this approach provides added
flexibility, given that owners and operators of regulated-facilities
are not required to submit their SPCC Plans to the Agency at the time
of Plan preparation or amendment.
    The Agency agrees, however, with comments that argued that the

compliance dates should be extended beyond the proposed November 20,
2009 date. The Agency recognizes that the owner or operator of a
regulated facility needs adequate time to comply with the SPCC rule
following amendments to the regulation. Therefore, the Agency has
extended the compliance date to allow facilities time to prepare,
amend, and implement an SPCC Plan following final Agency action on the
SPCC rule. The Agency is working to promulgate any amendments to the
December 2008 rule by November 2009.
    The Agency also believes that this action is appropriate because it
will provide the owner or operator of all facilities the opportunity to
fully understand the regulatory amendments offered by revisions to the
SPCC rule promulgated on December 5, 2008 (73 FR 74236). EPA has not
yet decided what changes, if any, to make to the December 2008
amendments. However, the Agency believes that a full year from the
approximate date of promulgation of any revisions to the December 2008
amendments provides sufficient time to review comments received on the
2008 amendments and to promulgate any additional revisions that result
from this review and still provide those potentially affected
facilities ample time to come into compliance.
    EPA intends to issue revisions to the SPCC Guidance for Regional
Inspectors that address changes made to the SPCC rule, consistent with
the December 2006 and December 2008 regulatory amendments (71 FR 77266,
December 26, 2006; 73 FR 74236, December 5, 2008). The guidance
document is designed to provide more detail about the rule's
applicability, to clarify the role of the inspector in the review and
evaluation of a facility owner or operator's compliance with the
performance-based SPCC requirements, and to provide a consistent
national policy on several SPCC-related issues. EPA welcomes comments
from the regulated community and the public on the guidance document at
any time. Instructions for submitting comments are provided on the EPA
Office of Emergency Management Web site at http://www.epa.gov/
emergencies.
    Finally, EPA agrees with those comments that objected to different
compliance dates for certain sectors. The Agency agrees that providing
one compliance date for all regulated facilities simplifies compliance
outreach activities and avoids confusion for the regulated community.

VI. Statutory and Executive Order Reviews

A. Executive Order 12866--Regulatory Planning and Review

    Under the terms of Executive Order 12866 (58 FR 51735, October 4,
1993), this action has been determined to be a ``significant regulatory
action.'' This rule was submitted to the Office of Management and
Budget (OMB) for review. Any changes made in response to OMB's
recommendations have been documented in the docket for this action.

B. Paperwork Reduction Act

    This action does not impose any new information collection burden.
This final rule merely extends the compliance dates for facilities
subject to the rule. However, the Office of Management and Budget (OMB)
has previously approved the information collection requirements
contained in the existing regulations (40 CFR part 112) under the
provisions of the Paperwork Reduction Act, 44 U.S.C. 3501 et seq. and
has assigned OMB control number 2050-0021. The OMB control numbers for
EPA's regulations in 40 CFR are listed in 40 CFR part 9.

C. Regulatory Flexibility Act

    The Regulatory Flexibility Act generally requires an agency to
prepare a regulatory flexibility analysis of any rule subject to notice
and comment rulemaking requirements under the Administrative Procedure
Act or any other statute unless the agency certifies that the rule will
not have a significant economic impact on a substantial number of small
entities. Small entities include small businesses, small organizations,
and small governmental jurisdictions.
    Small entity is defined as: (1) A small business as defined in the
Small Business Administration's (SBA) regulations at 13 CFR 121.201--
the SBA defines small businesses by category of business using North
American Industry Classification System (NAICS) codes, and in the case
of farms and oil production facilities, which constitute a large
percentage of the facilities affected by this rule, generally defines
small businesses as having less than $500,000 in revenues or 500
employees, respectively; (2) a small governmental jurisdiction that is
a government of a city, county, town, school district or special
district with a population of less than 50,000; and (3) a small
organization that is any not-for-profit enterprise that is
independently owned and operated and is not dominant in its field.
    In determining whether a rule has a significant economic impact on
a substantial number of small entities, the impact of concern is any
significant adverse economic impact on small entities, since the
primary purpose of the regulatory flexibility analyses is to identify
and address regulatory alternatives ``which minimize any significant
economic impact of the rule on small entities.'' 5 U.S.C. 603 and 604.
Thus, an agency head may certify that a rule will not have a
significant economic impact on a substantial number of small entities
if the rule relieves regulatory burden, or otherwise has a positive
economic effect on all of the small entities subject to the rule. This
rule will defer the regulatory burden for small entities by extending
the compliance dates in Sec.  112.3. After considering the economic
impacts of this rule on small entities, I certify that this rule will
not have a significant economic impact on a substantial number of 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. This rule merely extends the
compliance dates for facilities subject to the rule.

E. Executive Order 13132--Federalism

    Executive Order 13132, entitled ``Federalism'' (64 FR 43255, August
10, 1999), requires EPA to develop an accountable process to ensure
``meaningful and timely input by State and local officials in the
development of regulatory policies that have federalism implications.''
``Policies that have federalism implications'' is defined in the
Executive Order to include regulations that 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.''
    This final rule 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. Under CWA section
311(o), States may impose additional requirements, including more
stringent requirements, relating to the prevention of oil discharges to
navigable waters. EPA encourages States to supplement the Federal SPCC
regulation and recognizes that some States have more stringent
requirements (56 FR 54612, October 22, 1991). This rule will not
preempt State law or regulations. Thus, Executive Order 13132 does not
apply to this rule.

F. Executive Order 13175--Consultation and Coordination With Indian
Tribal Governments

    This action does not have tribal implications, as specified in
Executive Order 13175 (65 FR 67249, November 9, 2000). This rule does
not significantly or uniquely affect communities of Indian tribal
governments. Thus, Executive Order 13175 does not apply to this action.

G. Executive Order 13045--Protection of Children From Environmental
Health and Safety Risk

    This action is not subject to Executive Order 13045 (62 FR 19885,
April 23, 1997) because it is not economically significant as defined
in Executive Order 12866, and because the Agency does not believe the
environmental health or safety risks addressed by this action present a
disproportionate risk to children.

H. Executive Order 13211--Actions That Significantly Affect Energy
Supply, Distribution, or Use

    This action is not a ``significant energy action'' as defined in
Executive Order 13211 (66 FR 28355 (May 22, 2001)), because it is not
likely to have a significant adverse effect on the supply,
distribution, or use of energy. Further, we have concluded that this
rule is not likely to have any adverse energy effects because this
action is limited to an extension of the compliance date for the
preparation of SPCC Plans and does not impact energy supply,
distribution, or use.

I. National Technology Transfer and Advancement Act

    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) directs EPA to use voluntary consensus standards in its
regulatory activities unless to do so would be inconsistent with
applicable law or otherwise impractical. Voluntary consensus standards
are technical standards (e.g., materials specifications, test methods,
sampling procedures, and business practices) that are developed or
adopted by voluntary consensus standards bodies. NTTAA directs EPA to
provide Congress, through OMB, explanations when the Agency decides not
to use available and applicable voluntary consensus standards.
    This action does not involve technical standards. Therefore, EPA
did not consider the use of any voluntary consensus standards.

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

    Executive Order 12898 (59 FR 7629, February 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.

K. Congressional Review Act

    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. Prior to publication of the final rule in
the Federal Register, we will submit all necessary information to the
U.S. Senate, the U.S. House of Representatives, and the Comptroller
General of the United States. Under the CRA, a major rule cannot take
effect until 60 days after it is published in the Federal Register.
This action is not a ``major rule'' as defined by 5 U.S.C. 804(2). This
rule will be effective June 19, 2009.

List of Subjects in 40 CFR Part 112

    Environmental protection, Oil pollution, Penalties, Reporting and
recordkeeping requirements.

    Dated: June 11, 2009.
Lisa P. Jackson,
Administrator.

0
For the reasons set forth in the preamble, title 40, chapter I, of the
Code of Federal Regulations is amended as follows:

PART 112--OIL POLLUTION PREVENTION

0
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.

Subpart A--[Amended]

0
2. Section 112.3 is amended by revising paragraphs (a)(1), (a)(2),
(b)(1), (b)(2) and (c) to read as follows:

Sec.  112.3  Requirement to prepare and implement a Spill Prevention,
Control, and Countermeasure Plan.

* * * * *
    (a)(1) If your onshore or offshore facility was in operation on or
before August 16, 2002, you must maintain your Plan, but must amend it,
if necessary to ensure compliance with this part, and implement the
Plan no later than November 10, 2010. If your onshore or offshore
facility becomes operational after August 16, 2002, through November
10, 2010, and could reasonably be expected to have a discharge as
described in Sec.  112.1(b), you must prepare and implement a Plan on
or before November 10, 2010.
    (2) If your farm as defined in Sec.  112.2 was in operation on or
before August 16, 2002, you must maintain your Plan, but must amend it,
if necessary to ensure compliance with this part, and implement the
Plan no later than November 10, 2010. If your farm becomes operational
after August 16, 2002, through November 10, 2010, and could reasonably
be expected to have a discharge as described in Sec.  112.1(b), you
must prepare and implement a Plan on or before November 10, 2010.
    (b)(1) If you are the owner or operator of an onshore or offshore
facility that becomes operational after November 10, 2010, and could
reasonably be expected to have a discharge as described in Sec.
112.1(b), you must prepare and implement a Plan before you begin
operations.
    (2) If you are the owner or operator of a farm as defined in Sec.
112.2 that becomes operational after November 10,

2010, and could reasonably be expected to have a discharge as described
in Sec.  112.1(b), you must prepare and implement a Plan before you
begin operations.
    (c) If you are the owner or operator of an onshore or offshore
mobile facility, such as an onshore drilling or workover rig, barge
mounted offshore drilling or workover rig, or portable fueling
facility, you must prepare, implement, and maintain a facility Plan as
required by this section. You must maintain your Plan, but must amend
and implement it, if necessary to ensure compliance with this part, on
or before November 10, 2010. If your onshore or offshore mobile
facility becomes operational after November 10, 2010, and could
reasonably be expected to have a discharge as described in Sec.
112.1(b), you must prepare and implement a Plan before you begin
operations. This provision does not require that you prepare a new Plan
each time you move the facility to a new site. The Plan may be a
general Plan. When you move the mobile or portable facility, you must
locate and install it using the discharge prevention practices outlined
in the Plan for the facility. The Plan is applicable only while the
facility is in a fixed (non-transportation) operating mode.
* * * * *

[FR Doc. E9-14247 Filed 6-18-09; 8:45 am]

BILLING CODE 6560-50-P


[Federal Register Volume 76, Number 203 (Thursday, October 20, 2011)]
[Notices]
[Pages 65221-65222]
[FR Doc No: 2011-27098]

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SECURITIES AND EXCHANGE COMMISSION

Proposed Collection; Comment Request

    Upon Written Request, Copies Available From: U.S. Securities and
Exchange Commission, Office of Investor Education and Advocacy,
Washington, DC 20549-0213.
    Extension: Rule 24b-1; OMB Control No. 3235-0194; SEC File No. 270-
205.
    Notice is hereby given that pursuant to the Paperwork Reduction Act
of 1995 (44 U.S.C. 3501 et seq.), the Securities and Exchange
Commission (``Commission'') is soliciting comments on the collection of
information summarized below. The Commission plans to submit this
existing collection of information to the Office of Management and
Budget for extension and approval, Rule 24b-1 (17 CFR 240.24b-1)--
Documents to be Kept Public by Exchanges
    Rule 24b-1 under the Securities Exchange Act of 1934 (15 U.S.C. 78a
et seq.) requires a national securities exchange to keep and make
available for public inspection a copy of its registration statement
and exhibits filed with the Commission, along with any amendments
thereto.
    There are 15 national securities exchanges that spend approximately
one half hour each complying with this rule, for an aggregate total
compliance burden of 7.5 hours per year. The staff

estimates that the average cost per respondent is $65.18 per year,
calculated as the costs of copying ($13.97) plus storage ($51.21),
resulting in a total cost of compliance for the respondents of $977.70.
    Written comments are invited on: (a) Whether the proposed
collection of information is necessary for the proper performance of
the functions of the agency, including whether the information shall
have practical utility; (b) the accuracy of the Commission's estimate
of the burden of the proposed collection of information; (c) ways to
enhance the quality, utility, and clarity of the information to be
collected; and (d) ways to minimize the burden of the collection of
information on respondents, including through the use of automated
collection techniques or other forms of information technology.
Consideration will be given to comments and suggestions submitted in
writing within 60 days of this publication.
    Comments should be directed to Thomas Bayer, Director/Chief
Information Officer, Securities and Exchange Commission, c/o Remi
Pavlik-Simon, 6432 General Green Way, Alexandria, VA 22312 or send an
e-mail to<EMAIL_ADDRESS>
    October 14, 2011.
Elizabeth M. Murphy,
Secretary.
[FR Doc. 2011-27098 Filed 10-19-11; 8:45 am]
BILLING CODE 8011-01-P


[Federal Register Volume 86, Number 73 (Monday, April 19, 2021)]
[Notices]
[Page 20387]
[FR Doc No: 2021-07934]

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DEPARTMENT OF HOMELAND SECURITY

Federal Emergency Management Agency

[Internal Agency Docket No. FEMA-4527-DR; Docket ID FEMA-2021-0001]

South Dakota; Amendment No. 3 to Notice of a Major Disaster
Declaration

AGENCY: Federal Emergency Management Agency, DHS.

ACTION: Notice.

-----------------------------------------------------------------------

SUMMARY: This notice amends the notice of a major disaster declaration
for the State of South Dakota (FEMA-4527-DR), dated April 5, 2020, and
related determinations.

DATES: This amendment was issued February 2, 2021.

FOR FURTHER INFORMATION CONTACT: Dean Webster, Office of Response and
Recovery, Federal Emergency Management Agency, 500 C Street SW,
Washington, DC 20472,<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION: Notice is hereby given that, pursuant to the
President's Memorandum to Extend Federal Support to Governors' Use of
the National Guard to Respond to COVID-19 and to Increase Reimbursement
and Other Assistance Provided to States, dated January 21, 2021 and the
President's Memorandum on Maximizing Assistance from the Federal
Emergency Management Agency, dated February 2, 2021 FEMA is amending
the cost-sharing arrangements regarding Federal funds provided under
the authority of the Robert T. Stafford Disaster Relief and Emergency
Assistance Act, 42 U.S.C. 5121-5207 (the ``Stafford Act'') for all of
the COVID-19 emergency and major disaster declarations. FEMA is
amending this declaration as follows:

    Federal funds for emergency protective measures (Category B),
including direct Federal assistance, under the Public Assistance
program (Section 403) are authorized at 100 percent of total
eligible costs for work performed from January 20, 2020 through
September 30, 2021.

(The following Catalog of Federal Domestic Assistance Numbers (CFDA)
are to be used for reporting and drawing funds: 97.030, Community
Disaster Loans; 97.031, Cora Brown Fund; 97.032, Crisis Counseling;
97.033, Disaster Legal Services; 97.034, Disaster Unemployment
Assistance (DUA); 97.046, Fire Management Assistance Grant; 97.048,
Disaster Housing Assistance to Individuals and Households In
Presidentially Declared Disaster Areas; 97.049, Presidentially
Declared Disaster Assistance--Disaster Housing Operations for
Individuals and Households; 97.050, Presidentially Declared Disaster
Assistance to Individuals and Households--Other Needs; 97.036,
Disaster Grants--Public Assistance (Presidentially Declared
Disasters); 97.039, Hazard Mitigation Grant.)

Robert J. Fenton,
Senior Official Performing the Duties of the Administrator, Federal
Emergency Management Agency.
[FR Doc. 2021-07934 Filed 4-16-21; 8:45 am]
BILLING CODE 9111-23-P