

[Federal Register: May 16, 2007 (Volume 72, Number 94)]
[Rules and Regulations]               
[Page 27443-27448]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr16my07-16]                         

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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 112

[EPA-HQ-OPA-2006-00949; [FRL-8315-1]
RIN 2050-AG36

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

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

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SUMMARY: The Environmental Protection Agency is today extending the 
dates by which facilities must prepare or amend Spill Prevention, 
Control, and Countermeasure (SPCC) Plans, and implement those Plans. 
This action allows the Agency time to promulgate further revisions to 
the SPCC rule before

[[Page 27444]]

owners and operators are required to prepare or amend, and implement 
their SPCC Plans. EPA expects to propose further revisions to the SPCC 
rule later this year.

EFFECTIVE DATE: This final rule is effective May 16, 2007.

ADDRESSES: The public docket for this final rule, Docket ID No. EPA-HQ-
OPA-2006-0949, contains the information related to this rulemaking, 
including the response to comment document. All documents in the docket 
are listed in the http://www.regulations.gov index. Although listed in 

the index, some information may not be publicly available, e.g., 
Confidential Business Information 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 
in 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 202-566-1744, and the telephone number to make 
an appointment to view the docket is 202-566-0276.

FOR FURTHER INFORMATION CONTACT: For general information, contact the 
Superfund, TRI, EPCRA, RMP and Oil Information 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 rule, contact either 
Vanessa Rodriguez at (202) 564-7913 (rodriguez.vannessa@epa.gov) or 
Mark W. Howard at (202) 564-1964 (howard.markw@epa.gov), U.S. 
Environmental Protection Agency, 1200 Pennsylvania Avenue, NW., 
Washington, DC, 20460-0002, Mail Code 5104A.

SUPPLEMENTARY INFORMATION: 

I. 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.

II. Background

    On July 17, 2002, the Agency published a final rule that amended 
the SPCC regulations (see 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. The original 
compliance dates were extended on January 9, 2003 (see 68 FR 1348), 
again on April 17, 2003 (see 68 FR 18890), a third time on August 11, 
2004 (see 69 FR 48794), and a fourth time on February 17, 2006 (see 71 
FR 77266).\1\
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    \1\ The compliance date for farms is the date that establishes 
SPCC requirements specifically for farms or otherwise establishes 
dates by which farms must comply with the provisions of the rule.
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    Under the current provisions in Sec.  112.3(a)(1), the owner or 
operator of a facility (other than a farm) that was in operation on or 
before August 16, 2002 must make any necessary amendments to its SPCC 
Plan and fully implement it by October 31, 2007, while the owner or 
operator of a facility (other than a farm) that came into operation 
after August 16, 2002, but before October 31, 2007, must prepare and 
fully implement an SPCC Plan on or before October 31, 2007. Under the 
current provision in Sec.  112.3(b)(1), the owner or operator of a 
facility (other than a farm) that becomes operational after October 31, 
2007 must prepare and implement an SPCC Plan before beginning 
operations. In addition, Sec.  112.3(c) requires onshore and offshore 
mobile facilities to prepare or amend and implement their SPCC Plans on 
or before October 31, 2007.
    On December 26, 2006, EPA finalized a set of SPCC rule amendments 
that address certain targeted areas of the SPCC requirements based on 
issues and concerns raised by the regulated community (71 FR 77266). As 
highlighted in the EPA Regulatory Agenda and the 2005 OMB report on 
``Regulatory Reform of the U.S. Manufacturing Sector,'' EPA is 
considering further amendments to address other areas where regulatory 
reform may be appropriate. For these additional areas, the Agency 
expects to issue a proposed rule later this year. Areas where 
regulatory reform may be appropriate include, but are not limited to, 
oil and natural gas exploration and production facilities, farms, and 
qualified facilities. Because the Agency was concerned that it would 
not be able to propose and promulgate such regulatory amendments before 
the current October 31, 2007 compliance date, EPA believed it 
appropriate to provide a further extension of the compliance date, and 
thus, proposed an extension to the compliance dates on December 26, 
2006 (71 FR 77357). This notice finalizes that proposal.

III. Extension of Compliance Dates

    This rule extends the dates in Sec.  112.3(a), (b), and (c) by 
which a facility must prepare or amend and implement its SPCC Plan. As 
a result of the revisions in Sec.  112.3(a)(1), an owner or operator of 
a facility (other than a farm) that was in operation on or before 
August 16, 2002 must make any necessary amendments to his SPCC Plan, 
and implement that Plan, on or before July 1, 2009. This will allow the 
owner or operator time to prepare or amend and implement the SPCC Plan 
in accordance with the July 2002 (67 FR 47042, July 17, 2002) and 
December 2006 (71 FR 77266, December 26, 2006) amendments, and any 
subsequent modifications to the SPCC requirements that are promulgated 
based on amendments that the EPA intends to propose later this year. 
EPA expects to promulgate such a final rule by the summer of 2008. The 
facility owner/operator must continue to maintain his existing SPCC 
Plan until he amends and fully implements the Plan to comply with the 
revised requirements. Similarly, an owner or operator of a facility 
(other than a farm) that came into operation after August 16, 2002 
through July 1, 2009 must prepare and implement an SPCC Plan on or 
before July 1, 2009.
    Under the revised Sec.  112.3(b)(1), the owner or operator of a 
facility regulated under the SPCC rule that becomes operational after 
July 1, 2009 must prepare and implement an SPCC Plan before beginning 
operations.
    This rule similarly extends the compliance dates in Sec.  112.3(c) 
for mobile facilities. Under this rule, an owner or operator of a 
mobile facility must prepare or amend and implement an SPCC Plan on or 
before July 1, 2009, or before beginning operations if operations begin 
after July 1, 2009.
    The Agency believes that such an extension of the compliance dates 
is appropriate for several reasons. First, this extension will allow 
those potentially affected in the regulated community an opportunity to 
make changes to their facilities and to their SPCC Plans necessary to 
comply with any revised requirements promulgated based on the 
amendments expected to be proposed later this year, and finalized 
thereafter, rather than with the existing requirements.
    Further, the Agency believes that this extension of the compliance 
dates will also provide the owner or operator of a facility the time to 
fully understand the regulatory amendments offered by revisions to the 
2002 SPCC rule promulgated on December 26, 2006 (71

[[Page 27445]]

FR 77266) and amendments expected to be promulgated by the summer of 
2008.\2\
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    \2\ As stated in the rule, a facility owner or operator must 
maintain its existing Plans. A facility owner or operator who wants 
to take advantage of the 2002 and 2006 regulatory changes may do so, 
but he will need to modify his existing Plan accordingly.
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    In addition, the Agency intends to issue revisions to the SPCC 
Guidance for Regional Inspectors, to address both the December 2006 
revisions and the revisions expected to be proposed later this year. 
The guidance document is designed to facilitate an understanding of the 
rule's applicability, to help clarify the role of the inspector in the 
review and evaluation of the performance-based SPCC requirements, and 
to provide a consistent national policy on SPCC-related issues. The 
guidance is available to both the owners and operators of facilities 
that may be subject to the requirements of the SPCC rule and to the 
general public on the Agency's Web site at http://www.epa.gov/oilspill. 

The Agency believes that this extension will provide the regulated 
community the opportunity to take advantage of the material presented 
in the revised guidance before preparing or amending their SPCC Plans.

IV. Response to Comments

    The Agency received 28 submissions on the proposed rule (71 FR 
77357, December 26, 2006). The discussion below summarizes and responds 
to the major comments received. A more complete response to comments 
document can be found in the docket for this rulemaking, EPA-HQ-OPA-
2006-0949.
    The majority of commenters (nineteen) supported the proposed 
extension of the compliance date and generally agreed that the 
extension would allow the Agency time to promulgate further regulatory 
revisions. Many commenters also noted that the proposed extension would 
allow the industries potentially affected by those revisions an 
opportunity to make the necessary changes to their facilities and to 
their SPCC Plans to comply with the revised requirements expected to be 
proposed in 2007 and later finalized.
    A second group of commenters (nine) supported the proposed 
extension, but suggested alternate schedules, arguing that EPA's 
proposed compliance date was premature given the Agency's intent to 
propose further changes to the SPCC rule in 2007. Several schedules 
were suggested:
     Tie the compliance dates to promulgation of the rule 
finalizing the amendments to be proposed in 2007 or, in the event that 
EPA decides not to go forward with further modifications to the rule, 
12 months after publication of a notice in the Federal Register 
terminating that rulemaking.
     Provide an extension of 18 months from the promulgation of 
the final amendments to the SPCC rule, thereby providing adequate time 
for a regulated facility to implement the amendments (i.e., review 
amendments, develop and/or modify existing Plans, and comply with any 
final changes to the rule or guidance).
     Set the date for preparing and amending the SPCC Plans to 
one year following publication of the final amendments, maintaining the 
six-month separation between the dates for amending and implementing 
Plans.
     Set a Plan preparation compliance date of July 1, 2009, 
and an implementation compliance date of January 1, 2010, thereby 
allowing a facility owner or operator adequate time after Plan 
amendment to make changes at his facility, properly train employees on 
the amended Plan requirements, and allow for full implementation of the 
amended Plan requirements.
    The Agency disagrees with those commenters who suggested an 
alternate schedule to either set uncertain compliance dates in Sec.  
112.3 or to further extend the time period for the compliance dates. 
While the Agency recognizes that a regulated facility owner or operator 
needs adequate time after EPA takes final action on the proposed 
amendments to the SPCC Plan requirements to amend or prepare an SPCC 
Plan and to implement it, we also believe that one year is a reasonable 
period of time to allow for preparing, amending, and implementing an 
SPCC Plan following final Agency action on the proposed amendments to 
the SPCC rule. The Agency intends to develop and publish Federal 
Register notices proposing and then taking final action on further 
amendments to the SPCC regulatory requirements as soon as possible. At 
this time, based on the information at hand, the Agency believes that 
extending the compliance dates in Sec.  112.3 until July 1, 2009 will 
allow owners and operators an adequate interval to comply with the SPCC 
rule.
    The Agency also disagrees with commenters who requested a revised 
date for implementing amended SPCC Plans to include a six-month period 
after the July 1, 2009 date for Plan amendment. For the reasons 
discussed above, the Agency believes that the July 1, 2009 date for 
both Plan amendment and implementation is more than adequate. The 
effect of the Agency's decision to eliminate the gap between Plan 
preparation or amendment and implementation was to provide additional 
time for the owner or operator to prepare or amend the SPCC Plan. The 
Agency believes that this approach, which allows an owner or operator 
flexibility in scheduling Plan development or amendment, makes sense 
given that an owner or operator is not required to submit his SPCC 
Plans to the Agency. It also simplifies the burden for an owner or 
operator of an SPCC facility by establishing a single compliance date, 
while providing additional time for Plan development.
    One commenter opposed a compliance date extension for this 
regulation, arguing that it was not effectively addressing the problems 
with the regulation, and that the best way to do this would be by 
completing a complete re-write of the rule. First, the Agency disagrees 
with the commenter that the SPCC regulation needs to be re-written. 
Rather, the Agency believes that it is in the best interest of the 
regulated community to address areas of confusion that arose after 
promulgation of the 2002 amendments, and that promulgating a proposal 
intended to clarify and tailor requirements, particularly for small 
businesses, and making revisions to the SPCC Guidance for Regional 
Inspectors available to the regulated community will ultimately result 
in a more effective and complete implementation of the SPCC regulation 
and in enhanced environmental protection. The Agency also believes that 
the regulated community needs the additional time allowed by the 
extension in order to better take advantage of the guidance and any 
further amendments that are promulgated and that the benefits of this 
extension outweigh the concerns raised by the opposing commenter. 
Furthermore, a facility owner or operator subject to the SPCC rule 
continues to be required to ensure that operations are conducted in a 
manner that safeguards human health and the environment by preventing 
oil discharges to navigable waters and adjoining shorelines and by 
effectively responding in the event of an accidental discharge.

V. Applicability to Farms

    In the December 2006 final rule amendments, EPA finalized an 
extension of the compliance dates for the owner or operator of a farm 
(71 FR 77266), as defined in Sec.  112.2, to prepare or amend and 
implement the farm's SPCC Plan until the effective date of a rule that 
establishes SPCC requirements specifically for farms or otherwise 
establishes dates by which farms must comply with the provisions of the 
SPCC

[[Page 27446]]

rule. The Agency has been conducting additional information collection 
and analyses to determine if differentiated SPCC requirements may be 
appropriate for farms. Specifically, the Agency has been working with 
the U.S. Department of Agriculture, as well as the farming community, 
to collect data that would more accurately characterize oil storage and 
handling at these facilities. These efforts will allow the Agency to 
better focus on priorities where substantial environmental improvements 
can be obtained. The Agency will propose the new compliance dates for 
farms in a separate Federal Register notice. Today's rule does not 
affect this extended compliance date for farms.

VI. Statutory and Executive Order Reviews

A. Executive Order 12866--Regulatory Planning and Review

    Under Executive Order 12866 (58 FR 51735, October 4, 1993), this 
action has been determined to be a ``significant regulatory action.'' 
This final rule would extend the compliance dates in Sec.  112.3, but 
would have no other substantive effect. However, because of its 
interconnection with the related SPCC rule amendments finalized on 
December 26, 2006 (71 FR 77266) which was a significant action under 
the terms of Executive Order 12866, and because of the upcoming 
proposal to further amend the SPCC requirements, this action was 
submitted to OMB for review.

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

    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 exploration 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-for-
profit enterprise that is independently owned and operated and is not 
dominant in its field.
    After considering the economic impacts of today's rule on small 
entities, the Agency concludes that this action would not have a 
significant economic impact on a substantial number of small entities. 
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 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 the small entities subject to the rule.
    This rule would defer the regulatory burden for small entities by 
extending the compliance dates in Sec.  112.3. After considering the 
economic impacts of today's rule on small entities, I certify that this 
action will 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 cost-effective 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 a 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. EPA also has determined that this rule contains 
no regulatory requirements that might significantly or uniquely affect 
small governments. As was explained above, the effect of this action 
would be to reduce burden and costs for owners and operators of all 
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), States 
may impose additional requirements, including more stringent 
requirements, relating to the

[[Page 27447]]

prevention of oil discharges to navigable waters. EPA recognizes that 
some States have more stringent requirements (56 FR 54612, (October 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

    Executive Order 13175, entitled ``Consultation and Coordination 
with Indian Tribal Governments'' (65 FR 67249, November 9, 2000), 
requires EPA to develop an accountable process to ensure ``meaningful 
and timely input by tribal officials in the development of regulatory 
policies that have tribal implications.'' This final rule does not have 
tribal implications, as specified in Executive Order 13175. Today's 
rule would not significantly or uniquely affect communities of Indian 
Tribal governments. Thus Executive Order 13175 does not apply to this 
rule.

G. Executive Order 13045--Protection of Children From Environmental 
Health Risks and 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 my 
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.
    This final rule is not subject to the Executive Order 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, NTTAA 
does not apply.

J. The Congressional Review Act

    The Congressional Review Act, 5 U.S.C. 801 et seq., as added by the 
Small Business Regulatory Enforcement Fairness Act of 1996, generally 
provides that before a rule may take effect, the agency promulgating 
the rule must submit a rule report, which includes a copy of the rule, 
to each House of the Congress and to the Comptroller General of the 
United States. EPA will submit a report containing this rule and other 
required information to the U.S. Senate, the U.S. House of 
Representatives, and the Comptroller General of the United States prior 
to publication of the rule in the Federal Register. A major rule cannot 
take effect until 60 days after it is published in the Federal 
Register. 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 May 16, 
2007.

List of Subjects in 40 CFR Part 112

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

    Dated: May 10, 2007
Stephen L. Johnson,
Administrator.

0
For the reasons set forth in the preamble, title 40, chapter I, part 
112 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


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

Subpart A--Applicability, Definitions, and General Requirements for 
All Facilities and All Types of Oils


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 most amend it, 
if necessary to ensure compliance with this part, and implement the 
Plan no later than July 1, 2009. If your onshore or offshore facility 
becomes operational after August 16, 2002, through July 1, 2009, 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 July 1, 
2009.
* * * * *
    (b)(1) If you are the owner or operator of an onshore or offshore 
facility that becomes operational after July 1, 2009, 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 July 1, 2009. If your onshore or offshore mobile facility 
becomes operational after July 1, 2009, 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

[[Page 27448]]

is in a fixed (non-transportation) operating mode.
* * * * *
[FR Doc. 07-2404 Filed 5-15-07; 8:45 am]

BILLING CODE 6560-50-M
