

[Federal Register: June 8, 2007 (Volume 72, Number 110)]
[Rules and Regulations]               
[Page 31752-31754]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr08jn07-10]                         

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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 300

[EPA-HQ-SFUND-2007-0021; FRL-8323-6]

 
National Oil and Hazardous Substances Pollution Contingency Plan; 
Responsibility and Organization for Response; General Organization 
Concepts

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule; technical correction.

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SUMMARY: The Environmental Protection Agency issued a final rule in the 
Federal Register on September 15, 1994 that revised the National 
Contingency Plan to incorporate amendments to the Clean Water Act that 
were enacted with the Oil Pollution Act of 1990. This document is being 
issued to update one of the figures, ``U.S. Coast Guard Districts --
Atlantic and Pacific Area Commands,'' found in the National Contingency 
Plan. The United States Coast Guard revised their District boundaries 
in November 2006.

DATES: This final rule is effective on July 9, 2007.

ADDRESSES: EPA has established a docket for this action under Docket ID 
No. EPA-HQ-SFUND-2007-0021. All documents in the docket are listed on 
the http://www.regulations.gov Web site. Although listed in the index, some 

information is not publicly available, e.g., CBI or other information 
whose disclosure is restricted by statute. Certain other material, such 
as copyrighted material, is not placed on the Internet and will be 
publicly available only in hard copy form. Publicly available docket 
materials are available either electronically through 
http://www.regulations.gov or in hard copy at the Superfund 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 for the Public 
Reading Room is (202) 566-1744, and the telephone number for the 
Superfund Docket is (202) 566-0276.

FOR FURTHER INFORMATION CONTACT: Lynn Beasley, Regulation and Policy 
Development Division, Office of Emergency Management (5104A), 
Environmental Protection Agency, 1200 Pennsylvania Ave., NW., 
Washington, DC 20460; telephone number: (202) 564-1965; fax number: 
(202) 564-2625; e-mail address: beasley.lynn@epa.gov.

SUPPLEMENTARY INFORMATION:

I. General Information

A. Does This Action Apply to Me?

------------------------------------------------------------------------
          Type of entity                Examples of affected entities
------------------------------------------------------------------------
Federal Agencies..................  Agencies with responsibilities for
                                     planning and response under the
                                     CWA, CERCLA, and the OPA.
State and Local Governments.......  Governing bodies responsible for
                                     planning, preparedness and response
                                     activities; Area Committees
                                     responsible for developing, under
                                     On-Scene Coordinator direction,
                                     Area Contingency Plans.
Responsible Parties...............  Those entities responsible for the
                                     discharge of oil or release of a
                                     hazardous substance, pollutant or
                                     contaminant.
------------------------------------------------------------------------


[[Page 31753]]

This table is not intended to be exhaustive, but rather provides a 
guide for readers regarding entities likely to be regulated by this 
action. This table lists the types of entities that EPA is now aware 
could potentially be regulated by this action. Other types of entities 
not listed in the table could also be regulated. If you have questions 
regarding the applicability of this action to a particular entity, 
consult the person listed in the preceding FOR FURTHER INFORMATION 
CONTACT section.

B. How Can I Get Copies of This Document and Other Related Information?

    The instructions provided under the Federal Register document of 
September 15, 1994, (59 FR 47384), are no longer current. The current 
information is as follows:
     Docket ID No. EPA-HQ-SFUND-2007-0021.
     Federal eRulemaking Portal: http://www.regulations.gov.

     In addition to using http://www.regulations.gov, you may access 

this Federal Register document electronically through the EPA Internet 
under the ``Federal Register'' listings at http://www.epa.gov/fedrgstr/.
 


II. What Does This Correction Do?

    On September 15, 1994, (59 FR 47384) EPA published revisions to the 
National Oil and Hazardous Substances and Pollution Contingency Plan 
(NCP). The Oil Pollution Act of 1990 (OPA) amended certain provisions 
of the Clean Water Act (CWA) and created major new authorities that 
addressed oil and, to a lesser extent, hazardous substance spill 
response. The amended CWA required the President to revise the NCP to 
reflect these changes. The OPA specified a number of revisions to the 
NCP that enhanced and expanded upon the existing framework, standards, 
and procedures for response. The NCP is found in 40 CFR part 300. 
Section 300.105 provides general organization concepts to show the 
basic framework for the response management structure in the NCP. 
Section 300.105(e)(3) includes the United States Coast Guard (USCG) 
District boundaries in Figure 3, ``U.S. Coast Guard Districts Atlantic 
and Pacific Area Commands.'' The USCG revised their District boundaries 
and the map is now incorrect. This technical correction provides the 
revised map depicting the USCG District boundaries.

III. Why Is This Correction Issued as a Final Rule?

    Section 553 of the Administrative Procedure Act (APA), 5 U.S.C. 
553(b)(B), provides that, when an agency for good cause finds that 
notice and public procedure are impracticable, unnecessary or contrary 
to the public interest, the agency may issue a final rule without 
providing notice and an opportunity for public comment. EPA has 
determined that public comment on this technical correction is 
unnecessary, because EPA is merely correcting information that has 
become out of date since the previously published final rule. The USCG 
District boundaries found in the Figure at 40 CFR 300.105(e)(3) have 
changed since the September 15, 1994, publication of the final rule. 
This change has no effect on the substantive requirements of the NCP.

IV. Do Any of the Statutory and Executive Order Reviews Apply to This 
Action?

    The applicable statutory and Executive Order reviews were included 
in the September 15, 1994, Federal Register document. This document is 
a technical correction and as such no new review requirements are 
applicable.

V. 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. This action is not a ``major rule'' as defined by 5 U.S.C. 
804(2). This rule will be effective on July 9, 2007.

List of Subjects in 40 CFR Part 300

    Environmental protection, Air pollution control, Chemicals, 
Hazardous substances, Hazardous waste, Intergovernmental relations, 
Natural resources, Reporting and recordkeeping requirements, Superfund, 
Water pollution control, Water supply.

    Dated: June 4, 2007.
Susan Parker Bodine,
Assistant Administrator, Office of Solid Waste and Emergency Response.

0
For the reasons set out above, title 40, chapter I of the Code of 
Federal Regulations is amended as follows:

PART 300--NATIONAL OIL AND HAZARDOUS SUBSTANCES POLLUTION 
CONTINGENCY PLAN

0
1. The authority citation for part 300 continues to read as follows:

    Authority: 33 U.S.C. 1321(c)(2); 42 U.S.C. 9601-9657; E.O. 
12777, 56 FR 54757, 3 CFR, 1991 Comp., p.351; E.O. 12580, 52 FR 
2923, 3 CFR, 1987 Comp., p.193.

Subpart B--[Amended]

0
2. Section 300.105 is amended by revising paragraph (e)(3) to read as 
follows:


Sec.  300.105  General organization concepts.

* * * * *
    (e) * * *
    (3) The USCG District boundaries are shown in the following Figure 
3:

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