1352
Federal
Register
/
Vol.
68,
No.
6
/
Thursday,
January
9,
2003
/
Proposed
Rules
ENVIRONMENTAL
PROTECTION
AGENCY
40
CFR
Part
112
[
FRL
 
7437
 
4]

RIN
2050
 
AC62
Oil
Pollution
Prevention
and
Response;
Non­
Transportation­
Related
Onshore
and
Offshore
Facilities
AGENCY:
Environmental
Protection
Agency
(
EPA).
ACTION:
Proposed
rule.

SUMMARY:
The
Environmental
Protection
Agency
(
EPA
or
we)
is
proposing
to
extend,
by
one
year,
the
dates
for
a
facility
to
amend
its
Spill
Prevention,
Control,
and
Countermeasure
(
SPCC)
Plan,
and
implement
the
amended
Plan
(
or,
in
the
case
of
facilities
becoming
operational
after
August
16,
2002,
prepare
and
implement
a
Plan
that
complies
with
the
newly
amended
requirements).
We
are
proposing
this
extension
to
prevent
the
flood
of
individual
extension
requests
it
has
become
apparent
we
will
otherwise
receive.

DATES:
Written
comments
must
be
received
by
January
29,
2003.
ADDRESSES:
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
 
2002
 
001.
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.
You
may
copy
a
maximum
of
100
pages
from
any
regulatory
docket
at
no
cost.
If
the
number
of
pages
exceeds
100,
however,
we
will
charge
you
$
0.15
for
each
page
after
100.
The
docket
will
mail
copies
of
materials
to
you
if
you
are
outside
of
the
Washington,
DC
metropolitan
area.

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
proposed
rule,
contact
Hugo
Paul
Fleischman
at
703
 
603
 
8769
(
fleischman.
hugo@
epa.
gov);
or
Mark
W.
Howard
at
703
 
603
 
8715
(
howard.
markw@
epa.
gov),
U.
S.
Environmental
Protection
Agency,
1200
Pennsylvania
Avenue,
NW,
Washington,
DC
20460
 
0002,
Mail
Code
5203G.
SUPPLEMENTARY
INFORMATION:
This
proposal
concerns
a
one­
year
extension
of
the
deadlines
in
40
CFR
112.3(
a)
and
(
b).
The
contents
of
this
preamble
are
as
follows:

I.
General
Information
II.
Entities
Affected
by
This
Rule
III.
Statutory
Authority
IV.
Background
V.
Today's
Action
VI.
Statutory
and
Executive
Order
Reviews
I.
General
Information
Introduction.
For
the
reasons
explained
in
section
V
of
this
document,
the
Environmental
Protection
Agency
(
EPA
or
we)
is
proposing
to
extend,
for
one
year,
the
dates
in
40
CFR
112.3(
a)
and
(
b)
for
a
facility
to
amend
its
Spill
Prevention,
Control,
and
Countermeasure
(
SPCC)
Plan
and
implement
the
amended
Plan
(
or,
in
the
case
of
facilities
becoming
operational
after
August
16,
2002,
prepare
and
implement
a
Plan
that
complies
with
the
newly
amended
requirements).
During
the
period
of
the
proposed
extension,
if
it
is
finalized,
it
will
not
be
necessary
for
a
facility
owner
or
operator
to
file
an
extension
request
pursuant
to
§
112.3(
f).
Furthermore,
for
facilities
that
have
already
applied
for
an
extension
pursuant
to
§
112.3(
f),
if
this
extension
is
finalized,
it
should
render
such
requests
moot.
We
will
address
all
public
comments
in
a
final
rule
based
on
this
proposed
rule.
Any
parties
interested
in
commenting
should
do
so
at
this
time.

A.
How
Can
I
Get
Copies
of
the
Background
Materials
Supporting
Today's
Proposed
Rule
or
Other
Related
Information?
1.
EPA
has
established
an
official
public
docket
for
this
proposed
rule
under
Docket
ID
No.
OPA
 
2002
 
001.
The
official
public
docket
consists
of
the
documents
specifically
referenced
in
this
proposed
rule
and
other
information
related
to
this
proposed
rule.
Although
a
part
of
the
official
docket,
the
public
docket
does
not
include
Confidential
Business
Information
(
CBI)
or
other
information
whose
disclosure
is
restricted
by
statute.
The
official
public
docket
is
the
collection
of
materials
that
is
available
for
public
viewing
at
the
EPA
Docket
Center
located
at
1301
Constitution
Ave.
NW.,
EPA
West
Building,
Room
B
 
102,
Washington,
DC
20004.
This
Docket
Facility
is
open
from
8:
30
a.
m.
to
4:
30
p.
m.,
Monday
through
Friday,
excluding
federal
holidays.
To
review
docket
materials,
it
is
recommended
that
the
public
make
an
appointment
by
calling
(
202)
566
 
0276.
The
public
may
copy
a
maximum
of
100
pages
from
any
regulatory
docket
at
no
charge.
Additional
copies
cost
$
0.15/
page.
2.
Electronic
Access.
You
may
access
this
Federal
Register
document
electronically
through
the
EPA
Internet
under
the
``
Federal
Register''
listings
at
http://
www.
epa.
gov/
fedrgstr.
You
may
use
EPA
Dockets
at
http://
www.
epa.
gov/
edocket/
to
access
the
index
listing
of
the
contents
of
the
official
public
docket,
and
to
access
those
documents
in
the
public
docket
that
are
available
electronically.
Once
in
the
system,
select
``
search,''
then
key
in
the
docket
identification
number.
Certain
types
of
information
will
not
be
placed
in
the
EPA
Dockets.
Information
claimed
as
CBI,
and
other
information
whose
disclosure
is
restricted
by
statute,
which
is
not
included
in
the
official
public
docket,
will
not
be
available
for
public
viewing
in
EPA's
electronic
public
docket.
EPA's
policy
is
that
copyrighted
material
will
not
be
placed
in
EPA's
electronic
public
docket
but
will
be
available
only
in
printed,
paper
form
in
the
official
public
docket.
To
the
extent
feasible,
publicly
available
docket
materials
will
be
made
available
in
EPA's
electronic
public
docket.
When
a
document
is
selected
from
the
index
list
in
EPA
Dockets,
the
system
will
identify
whether
the
document
is
available
for
viewing
in
EPA's
electronic
public
docket.
Although
not
all
docket
materials
may
be
available
electronically,
you
may
still
access
any
of
the
publicly
available
docket
materials
through
the
docket
facility
identified
above.
For
public
commenters,
it
is
important
to
note
that
EPA's
policy
is
that
public
comments,
whether
submitted
electronically
or
in
paper,
will
be
made
available
for
public
viewing
in
EPA's
electronic
public
docket
as
EPA
receives
them
and
without
change,
unless
the
comment
contains
copyrighted
material,
CBI,
or
other
information
whose
disclosure
is
restricted
by
statute.
When
EPA
identifies
a
comment
containing
copyrighted
material,
EPA
will
provide
a
reference
to
that
material
in
the
version
of
the
comment
that
is
placed
in
EPA's
electronic
public
docket.
The
entire
printed
comment,
including
the
copyrighted
material,
will
be
available
in
the
public
docket.
Public
comments
submitted
on
computer
disks
that
are
mailed
or
delivered
to
the
docket
will
be
transferred
to
EPA's
electronic
public
docket.
Public
comments
that
are
mailed
or
delivered
to
the
Docket
will
be
scanned
and
placed
in
EPA's
electronic
public
docket.
Where
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/
Vol.
68,
No.
6
/
Thursday,
January
9,
2003
/
Proposed
Rules
practical,
physical
objects
will
be
photographed,
and
the
photograph
will
be
placed
in
EPA's
electronic
public
docket
along
with
a
brief
description
written
by
the
docket
staff.
For
additional
information
about
EPA's
electronic
public
docket
visit
EPA
Dockets
online
or
see
67
FR
38102,
May
31,
2002.

B.
How
and
To
Whom
Do
I
Submit
Comments?

You
may
submit
comments
electronically,
by
mail,
or
through
hand
delivery/
courier.
To
ensure
proper
receipt
by
EPA,
identify
the
appropriate
docket
identification
number
in
the
subject
line
on
the
first
page
of
your
comment.
Please
ensure
that
your
comments
are
submitted
within
the
specified
comment
period.
Comments
received
after
the
close
of
the
comment
period
will
be
marked
``
late.''
EPA
will
not
consider
late
comments.
1.
Electronically.
If
you
submit
an
electronic
comment
as
prescribed
below,
EPA
recommends
that
you
include
your
name,
mailing
address,
and
an
e­
mail
address
or
other
contact
information
in
the
body
of
your
comment.
Also
include
this
contact
information
on
the
outside
of
any
disk
or
CD
ROM
you
submit,
and
in
any
cover
letter
accompanying
the
disk
or
CD
ROM.
This
ensures
that
you
can
be
identified
as
the
party
submitting
the
comment
and
allows
EPA
to
contact
you
in
case
EPA
cannot
read
your
comment
due
to
technical
difficulties
or
needs
further
information
on
the
substance
of
your
comment.
EPA's
policy
is
that
EPA
will
not
edit
your
comment,
and
any
identifying
or
contact
information
provided
in
the
body
of
a
comment
will
be
included
as
part
of
the
comment
that
is
placed
in
the
official
public
docket,
and
made
available
in
EPA's
electronic
public
docket.
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.
Your
use
of
EPA's
electronic
public
docket
to
submit
comments
to
EPA
electronically
is
EPA's
preferred
method
for
receiving
comments.
Go
directly
to
EPA
Dockets
at
http://
www.
epa.
gov/
edocket,
and
follow
the
online
instructions
for
submitting
comments.
To
access
EPA's
electronic
public
docket
from
the
EPA
Internet
Home
Page,
select
``
Information
Sources,''
``
Dockets,''
and
``
EPA
Dockets.''
Once
in
the
system,
select
``
search,''
and
then
key
in
Docket
ID
No.
OPA
 
2002
 
001.
The
system
is
an
``
anonymous
access''
system,
which
means
EPA
will
not
know
your
identity,
e­
mail
address,
or
other
contact
information
unless
you
provide
it
in
the
body
of
your
comment.
2.
E­
mail.
Comments
may
be
sent
by
electronic
mail
(
e­
mail)
to
Superfund.
Docket@
epamail.
epa.
gov.
Make
sure
this
electronic
copy
is
in
an
ASCII
format
that
does
not
use
special
characters
or
encryption.
Cite
the
docket
Number
OPA
 
2002
 
001
in
your
electronic
file.
In
contrast
to
EPA's
electronic
public
docket,
EPA's
e­
mail
system
is
not
an
``
anonymous
access''
system.
If
you
send
an
e­
mail
comment
directly
to
the
Docket
without
going
through
EPA's
electronic
public
docket,
EPA's
e­
mail
system
automatically
captures
your
e­
mail
address.
E­
mail
addresses
that
are
automatically
captured
by
EPA's
e­
mail
system
are
included
as
part
of
the
comment
that
is
placed
in
the
official
public
docket,
and
made
available
in
EPA's
electronic
public
docket.
3.
Disk
or
CD
ROM.
You
may
submit
comments
on
a
disk
or
CD
ROM
that
you
mail
to
the
mailing
address
identified
above.
These
electronic
submissions
will
be
accepted
in
WordPerfect
or
ASCII
file
format.
Avoid
the
use
of
special
characters
and
any
form
of
encryption.
4.
By
Mail.
Send
two
(
2)
copies
of
your
comments
to:
EPA
Docket
Center,
U.
S.
Environmental
Protection
Agency
Headquarters
(
EPA,
HQ),
Mail
Code
5305T,
1200
Pennsylvania
Ave.,
NW.,
Washington,
DC
20460,
Attention
Docket
ID
No.
OPA
 
2002
 
001.
5.
By
Hand
Delivery
or
Courier.
Deliver
your
comments
to:
EPA
Docket
Center,
EPA
West
Building,
Room
No.
B
 
102,
1301
Constitution
Ave.,
NW.,
Washington,
DC
20004.
Attention
Docket
ID
No.
OPA
 
2002
 
001.
Such
deliveries
are
only
accepted
during
the
Docket's
normal
hours
of
operation
as
identified
above.

II.
Entities
Affected
by
This
Rule
Industry
category
NAICS
code
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
Automotive
Rental
and
Leasing
..........................................................................................................................
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
The
list
of
potentially
affected
entities
in
the
above
table
may
not
be
exhaustive.
Our
aim
is
to
provide
a
guide
for
readers
regarding
those
entities
that
EPA
is
aware
potentially
could
be
affected
by
this
action.
However,
this
action
may
affect
other
entities
not
listed
in
the
table.
If
you
have
questions
regarding
the
applicability
of
this
action
to
a
particular
entity,
consult
the
person
listed
in
the
preceding
section
entitled
FOR
FURTHER
INFORMATION
CONTACT.

III.
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
IV.
Background
On
July
17,
2002,
at
67
FR
47042,
EPA
published
final
amendments
to
the
Spill
Prevention,
Control,
and
Countermeasure
(
SPCC)
rule.
The
rule
was
effective
August
16,
2002.
The
rule
included
dates
in
§
112.3(
a)
and
(
b),
by
which
a
facility
would
have
time
to
amend
its
SPCC
Plan
and
implement
its
amended
Plan
(
note
that
for
facilities
becoming
operational
after
August
16,
2002,
the
rule
contains
dates
for
the
preparation
and
implementation
of
a
Plan
in
compliance
with
the
amended
rule).
In
light
of
new
information,
we
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Vol.
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/
Thursday,
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9,
2003
/
Proposed
Rules
are
proposing
to
extend
those
dates
for
a
period
of
one
year.

V.
Today's
Action
EPA
is
proposing
to
extend
by
one
year
the
compliance
dates
in
§
112.3(
a)
and
(
b).
We
are
proposing
this
extension
to
allow
affected
facilities
more
time
to
comply
with
the
rule.
Since
the
promulgation
of
the
amendments,
the
Agency
has
received
numerous
complaints
that
the
deadlines
in
the
rule
do
not
allow
enough
time
for
the
regulated
community
to
undertake
the
actions
necessary
to
update
(
or
prepare)
their
Plans
in
accordance
with
the
amendments.
Among
the
reasons
given
are
that
there
is
a
shortage
of
Professional
Engineers
(
PEs)
in
some
areas,
the
need
for
the
PE
or
his
agent
to
make
visits
at
sometimes
remote
facilities,
and
the
need
for
the
PE
to
certify
that
Plans
meet
requirements
for
which
they
have
not
yet
had
adequate
training.
It
has
also
become
apparent
that
unless
the
Agency
takes
this
action,
we
will
receive
an
overwhelming
number
of
requests
for
individual
extensions
under
40
CFR
112.3(
f).
The
Agency
believes
that
the
present
compliance
dates
are
too
short,
and
it
would
therefore
be
an
inefficient
use
of
scarce
Agency
resources
to
address
this
problem
by
processing
a
great
number
of
individual
extension
requests.

VI.
Statutory
and
Executive
Order
Reviews
A.
Executive
Order
12866
 
OMB
Review
Under
Executive
Order
12866
(
58
FR
51735,
October
4,
1993),
the
Agency
must
determine
whether
a
regulatory
action
is
``
significant''
and
therefore
subject
to
Office
of
Management
and
Budget
(
OMB)
review
and
the
requirements
of
the
Executive
Order.
The
order
defines
``
significant
regulatory
action''
as
one
that
is
likely
to
result
in
a
rule
that
may:
(
1)
Have
an
annual
effect
on
the
economy
of
$
100
million
or
more
or
adversely
affect
in
a
material
way
the
economy,
a
sector
of
the
economy,
productivity,
competition,
jobs,
the
environment,
public
health
or
safety,
or
State,
local,
or
tribal
governments
or
communities;
(
2)
Create
a
serious
inconsistency
or
otherwise
interfere
with
an
action
taken
or
planned
by
another
agency;
(
3)
Materially
alter
the
budgetary
impact
of
entitlements,
grants,
user
fees,
or
loan
programs
or
the
rights
and
obligations
of
recipients
thereof;
or
(
4)
Raise
novel
legal
or
policy
issues
arising
out
of
legal
mandates,
the
President's
priorities,
or
the
principles
set
forth
in
the
Executive
Order.
Under
the
terms
of
Executive
Order
12866,
it
has
been
determined
that
this
rule
is
not
a
``
significant
regulatory
action''
because
it
would
only
extend
for
one
year
the
compliance
dates
in
§
112.3(
a)
and
(
b).
It
would
have
no
other
substantive
effect.

B.
Paperwork
Reduction
Act
This
rule
does
not
impose
an
information
collection
burden
under
the
provisions
of
the
Paperwork
Reduction
Act
of
1995
(
44
U.
S.
C.
3501
et
seq.).

C.
Regulatory
Flexibility
Act
(
RFA)
as
Amended
by
the
Small
Business
Regulatory
Enforcement
Fairness
Act
of
1996
(
SBREFA),
5
U.
S.
C.
601
et
seq.
The
R.
F.
A.
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.
For
purposes
of
assessing
the
impacts
of
today's
rule
on
small
entities,
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
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
forprofit
enterprise
which
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
proposed
rule
on
small
entities.''
5
U.
S.
C.
603
and
604.
Thus,
an
agency
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
temporarily
reduce
regulatory
burden
on
all
facilities
by
extending
for
one
year
the
compliance
dates
in
§
112.3(
a)
and
(
b).
Further,
the
rule
will
reduce
costs
for
both
existing
and
new
facilities.
After
considering
the
economic
impacts
of
today's
rule
on
small
entities,
I
certify
that
this
action
would
not
have
a
significant
economic
impact
on
a
substantial
number
of
small
entities.

D.
Unfunded
Mandates
Reform
Act
Title
II
of
the
Unfunded
Mandates
Reform
Act
of
1995
(
UMRA),
Public
Law
104
 
4,
establishes
requirements
for
Federal
agencies
to
assess
the
effects
of
their
regulatory
actions
on
State,
local,
and
tribal
governments
and
the
private
sector.
Under
section
202
of
UMRA,
EPA
generally
must
prepare
a
written
statement,
including
a
cost­
benefit
analysis,
for
proposed
and
final
rules
with
``
Federal
mandates''
that
may
result
in
expenditures
to
State,
local,
and
tribal
governments,
in
the
aggregate,
or
to
the
private
sector,
of
$
100
million
or
more
in
any
one
year.
Before
promulgating
an
EPA
rule
for
which
a
written
statement
is
needed,
section
205
of
UMRA
generally
requires
EPA
to
identify
and
consider
a
reasonable
number
of
regulatory
alternatives
and
adopt
the
least
costly,
most
costeffective
or
least
burdensome
alternative
that
achieves
the
objectives
of
the
rule.
The
provisions
of
section
205
do
not
apply
when
they
are
inconsistent
with
applicable
law.
Moreover,
section
205
allows
EPA
to
adopt
an
alternative
other
than
the
least
costly,
most­
effective
or
least
burdensome
alternative
if
the
Administrator
publishes
with
the
final
rule
an
explanation
why
that
alternative
was
not
adopted.
Before
EPA
establishes
any
regulatory
requirements
that
may
significantly
or
uniquely
affect
small
governments,
including
tribal
governments,
it
must
have
developed
under
section
203
of
UMRA
a
small
government
agency
plan.
The
plan
must
provide
for
notifying
potentially
affected
small
governments,
enabling
officials
of
affected
small
governments
to
have
meaningful
and
timely
input
in
the
development
of
EPA
regulatory
proposals
with
significant
Federal
intergovernmental
mandates,
and
informing,
educating,
and
advising
small
governments
on
compliance
with
the
regulatory
requirements.
EPA
has
determined
that
this
rule
does
not
contain
a
Federal
mandate
that
may
result
in
expenditures
of
$
100
million
or
more
for
State,
local,
and
tribal
governments,
in
the
aggregate,
or
the
private
sector
in
any
one
year.

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Federal
Register
/
Vol.
68,
No.
6
/
Thursday,
January
9,
2003
/
Proposed
Rules
Today's
rule
would
reduce
burden
and
costs
on
all
facilities.
EPA
has
determined
that
this
rule
contains
no
regulatory
requirements
that
might
significantly
or
uniquely
affect
small
governments.
As
explained
above,
the
effect
of
the
rule
would
be
to
reduce
burden
and
costs
for
regulated
facilities,
including
small
governments
that
are
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
rule
does
not
have
federalism
implications.
It
would
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),
EPA
believes
that
States
are
free
to
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
program
and
recognizes
that
some
States
have
more
stringent
requirements.
56
FR
54612
(
Oct.
22,
1991).
This
rule
would
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
On
November
6,
2000,
the
President
issued
Executive
Order
13175
(
65
FR
67249)
entitled,
``
Consultation
and
Coordination
with
Indian
Tribal
Governments.''
Executive
Order
13175
took
effect
on
January
6,
2001,
and
revokes
Executive
Order
13084
(
Tribal
Consultation)
as
of
that
date.
Today's
rule
would
not
significantly
or
uniquely
affect
communities
of
Indian
tribal
governments.
Therefore,
we
have
not
consulted
with
a
representative
organization
of
tribal
groups.
G.
Executive
Order
13045
 
Protection
of
Children
From
Environmental
Health
&
Safety
Risks
Executive
Order
13045,
``
Protection
of
Children
from
Environmental
Health
Risks
and
Safety
Risks''
(
62
FR
19885,
April
23,
1997),
applies
to
any
rule
that:
(
1)
Is
determined
to
be
``
economically
significant''
as
defined
under
Executive
Order
12866;
and,
(
2)
concerns
an
environmental
health
or
safety
risk
that
EPA
has
reason
to
believe
may
have
a
disproportionate
effect
on
children.
If
the
regulatory
action
meets
both
criteria,
the
Agency
must
evaluate
the
environmental
health
or
safety
effects
of
the
planned
rule
on
children,
and
explain
why
the
planned
regulation
is
preferable
to
other
potentially
effective
and
reasonably
feasible
alternatives
considered
by
the
Agency.
EPA
interprets
Executive
Order
13045
as
applying
only
to
those
regulatory
actions
that
are
based
on
health
or
safety
risks,
such
that
the
analysis
required
under
Section
5
 
501
of
the
Order
has
the
potential
to
influence
the
regulation.
This
rule
is
not
subject
to
Executive
Order
13045
because
it
is
not
economically
significant
as
defined
in
Executive
Order
12866,
and
because
the
Agency
does
not
have
reason
to
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
rule
is
not
a
``
significant
energy
action''
as
defined
in
Executive
Order
13211,
``
Actions
Concerning
Regulations
That
Significantly
Affect
Energy
Supply,
Distribution,
or
Use''
(
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.

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
such
as
materials
specifications,
test
methods,
sampling
procedures,
and
business
practices
that
are
developed
or
adopted
by
voluntary
consensus
standards
bodies.
The
NTTAA
directs
EPA
to
provide
Congress,
through
OMB,
explanations
when
the
Agency
decides
not
to
use
available
and
applicable
voluntary
consensus
standards.
This
rule
does
not
involve
technical
standards.
Therefore,
NTTA
is
inapplicable.

List
of
Subjects
in
40
CFR
Part
112
Environmental
protection,
Oil
pollution,
Penalties,
Reporting
and
recordkeeping
requirements.

Dated:
January
3,
2003.
Christine
Todd
Whitman,
Administrator.

For
the
reasons
set
out
in
the
preamble,
title
40
CFR,
chapter
I,
part
112
of
the
Code
of
Federal
Regulations,
is
proposed
to
be
amended
as
follows:

PART
112
 
OIL
POLLUTION
PREVENTION
1.
The
authority
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.
2.
Section
112.3
is
amended
by
revising
paragraphs
(
a)
and
(
b)
to
read
as
follows:

PART
112
 
OIL
POLLUTION
PREVENTION
Subpart
A
 
Applicability,
Definitions,
and
General
Requirements
for
All
Facilities
and
All
Types
of
Oils
§
112.3
Requirement
to
prepare
and
implement
a
spill
prevention,
control,
and
countermeasure
plan.

(
a)
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,
on
or
before
February
17,
2004,
and
must
implement
the
amended
Plan
as
soon
as
possible,
but
not
later
than
August
18,
2004.
If
your
onshore
or
offshore
facility
becomes
operational
after
August
16,
2002,
through
August
18,
2004,
and
could
reasonably
be
expected
to
have
a
discharge
as
described
in
§
112.1(
b),
you
must
prepare
a
Plan
on
or
before
August
18,
2004,
and
fully
implement
it
as
soon
as
possible,
but
not
later
than
August
18,
2004.
(
b)
If
you
are
the
owner
or
operator
of
an
onshore
or
offshore
facility
that
becomes
operational
after
August
18,
2004,
and
could
reasonably
be
expected
to
have
a
discharge
as
described
in
§
112.1(
b),
you
must
prepare
and
implement
a
Plan
before
you
begin
operations.
*
*
*
*
*
[
FR
Doc.
03
 
391
Filed
1
 
8
 
03;
8:
45
am]

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