Oil Pollution Prevention; Non-Transportation Related Onshore Facilities; Spill Prevention, Control, and Countermeasure Rule-Final Amendments, 5900-5903 [E9-2335]

Download as PDF yshivers on PROD1PC62 with RULES 5900 Federal Register / Vol. 74, No. 21 / Tuesday, February 3, 2009 / Rules and Regulations February 20, 2009. The comment period for the extension of the effective date of the final rule will close on February 13, 2009. The comment period for providing comment on legal and policy questions relating to the rule itself will close on March 5, 2009. ADDRESSES: You may submit comments, identified by RIN 1215–AB62, only by the following methods: Internet—Federal eRulemaking Portal. Electronic comments may be submitted through https://www.regulations.gov. To locate the proposed rule, use key words such as ‘‘Labor-Management Standards’’ or ‘‘Labor Organization Annual Financial Reports’’ to search documents accepting comments. Follow the instructions for submitting comments. Please be advised that comments received will be posted without change to https://www.regulations.gov, including any personal information provided. Delivery: Comments should be sent to: Denise M. Boucher, Director of the Office of Policy, Reports and Disclosure, Office of Labor-Management Standards, U.S. Department of Labor, 200 Constitution Avenue, NW., Room N– 5609, Washington, DC 20210. Because of security precautions the Department continues to experience delays in U.S. mail delivery. You should take this into consideration when preparing to meet the deadline for submitting comments. The Office of Labor-Management Standards (OLMS) recommends that you confirm receipt of your delivered comments by contacting (202) 693–0123 (this is not a toll-free number). Individuals with hearing impairments may call (800) 877–8339 (TTY/TDD). Only those comments submitted through https://www.regulations.gov, hand-delivered, or mailed will be accepted. Comments will be available for public inspection at https:// www.regulations.gov and during normal business hours at the above address. FOR FURTHER INFORMATION CONTACT: Denise M. Boucher, Director, Office of Policy, Reports and Disclosure, Office of Labor-Management Standards, Employment Standards Administration, U.S. Department of Labor, 200 Constitution Avenue, NW., Room N– 5609, Washington, DC 20210, (202) 693– 0123 (this is not a toll-free number), (800) 877–8339 (TTY/TDD). SUPPLEMENTARY INFORMATION: The Department has determined that the rule involves matters of law and policy that should be addressed by the new Administration before the rule takes effect and is first applied to labor organizations. The Department has chosen to seek public comments now, rather than permit the rule to go into VerDate Nov<24>2008 10:37 Feb 02, 2009 Jkt 217001 effect, due to the front end burdens associated with the rule. Without this proposal to delay the effective date, affected labor organizations likely will undertake much effort and expense in changing their recordkeeping systems to meet the changes required by the rule. If a decision is made to propose changes and such changes are ultimately effectuated, these expenses will have been incurred unnecessarily. The tasks undertaken will have to be repeated, and costs duplicated, to comply with any further revisions to the rule. Additionally, the Department itself will incur significant start up costs in revising its electronic software to make the changes required by the rule; costs that will have to be duplicated if changes are later proposed and effectuated in a final rule. Furthermore, unless the Department now proposes to delay the effective date of the rule, the Department will have to begin answering questions and providing compliance assistance about how the final rule is to be implemented, guidance that will only confuse labor organizations if new guidance about a revised rule has to be provided in the near future. For the foregoing reasons, the Department has determined to propose delay of the effective date of the final rule and, by doing so, alert affected labor organizations that it may be advisable for them to delay preparations and financial commitments associated with the changes required by the final rule until a decision is made regarding the effective date of the final rule. The Department proposes the delay of the effective date to provide an opportunity for further review and consideration of the questions of law and policy raised by it. For that reason, the Department also seeks comments generally on the rule, including comments on the merits of rescinding or retaining the rule. Dated: January 29, 2009. Andrew D. Auerbach, Deputy Director, Office of Labor-Management Standards. [FR Doc. E9–2223 Filed 1–29–09; 4:15 pm] BILLING CODE 4510–CP–P PO 00000 Frm 00002 Fmt 4700 Sfmt 4700 ENVIRONMENTAL PROTECTION AGENCY 40 CFR Part 112 [EPA–HQ–OPA–2007–0584; FRL–8770–7] RIN 2050–AG16 Oil Pollution Prevention; NonTransportation Related Onshore Facilities; Spill Prevention, Control, and Countermeasure Rule—Final Amendments AGENCY: Environmental Protection Agency. ACTION: Final rule: Delay of effective date and request for comment. SUMMARY: The Environmental Protection Agency (EPA) is delaying by sixty days the effective date of the final rule that amends the Spill Prevention, Control, and Countermeasure (SPCC) regulations published in the Federal Register on December 5, 2008. Thus, the amendments will become effective on April 4, 2009. EPA additionally is requesting public comment on the extension of the effective date and its duration, and on the regulatory amendments contained in the final rule. DATES: This document is effective February 3, 2009. The effective date of FR Doc. E8–28159, published in the Federal Register on December 5, 2008 (73 FR 74236), is delayed to April 4, 2009. Comments must be received on or before March 5, 2009. ADDRESSES: Submit your comments, identified by Docket ID No. EPA–HQ– OPA–2007–0584, by one of the following methods: • www.regulations.gov: Follow the on-line instructions for submitting comments. • Mail: EPA Docket, Environmental Protection Agency, Mail code: 2822T, 1200 Pennsylvania Ave., NW., Washington, DC 20460. • Hand Delivery: EPA/DC, EPA West, Room 3334, 1301 Constitution Ave., NW., Washington, DC. Such deliveries are only accepted during the Docket’s normal hours of operation, and special arrangements should be made for deliveries of boxed information. Instructions: Direct your comments to Docket ID No. EPA–HQ–OPA–2007– 0584. EPA’s policy is that all comments received will be included in the public docket without change and may be made available online at www.regulations.gov, including any personal information provided, unless the comment includes information claimed to be Confidential Business Information (CBI) or other information E:\FR\FM\03FER1.SGM 03FER1 yshivers on PROD1PC62 with RULES Federal Register / Vol. 74, No. 21 / Tuesday, February 3, 2009 / Rules and Regulations whose disclosure is restricted by statute. Do not submit information that you consider to be CBI or otherwise protected through www.regulations.gov or e-mail. The www.regulations.gov Web site is an ‘‘anonymous access’’ system, which means EPA will not know your identity or contact information unless you provide it in the body of your comment. If you send an e-mail comment directly to EPA without going through www.regulations.gov, your email address will be automatically captured and included as part of the comment that is placed in the public docket and made available on the Internet. If you submit an electronic comment, EPA recommends that you include your name and other contact information in the body of your comment and with any disk or CD–ROM you submit. 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. Electronic files should avoid the use of special characters, any form of encryption, and be free of any defects or viruses. For additional information about EPA’s public docket, visit the EPA Docket Center homepage at https:// www.epa.gov/epahome/dockets.htm. Docket: All documents in the docket are listed in the www.regulations.gov index. 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, will be publicly available only in hard copy. Publicly available docket materials are available either electronically in 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 for the Public Reading Room is (202) 566–1744, and the telephone number for the EPA 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 at 800–553–7672 (hearing impaired). In the Washington, DC metropolitan area, contact the Superfund, TRI, EPCRA, RMP, and Oil Information Center at 703–412–9810 or TDD 703–412–3323. For more detailed information on specific aspects of this final rule, contact either Vanessa E. Principe at 202–564–7913 (principe.vanessa@epa.gov), or Mark W. VerDate Nov<24>2008 10:37 Feb 02, 2009 Jkt 217001 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. 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), EPA is delaying the effective date of the final rule that amends the Spill Prevention, Control, and Countermeasure (SPCC) regulations promulgated in the Federal Register on December 5, 2008 (73 FR 74236) under section 311 of the Clean Water Act and seeking public comment on the extension and its duration. The effective date of the final rule would have been February 3, 2009. With the 60-day extension, the amendments will become effective on April 4, 2009. The SPCC rule amendments clarify, tailor, and streamline certain existing requirements for those facility owners or operators who are required to prepare and implement an SPCC Plan (or ‘‘Plan’’) to prevent the discharge of oil into or upon navigable waters of the United States or adjoining shorelines. 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 rule without providing notice and an opportunity for public comment. We have determined that there is good cause for delaying the effective date of the final rule amending the SPCC regulations without prior proposal and opportunity for comment because notice and comment would be impracticable and unnecessary. Consistent with the January 21, 2009 OMB memorandum ‘‘Implementation of Memorandum Concerning Regulatory Review,’’ the EPA Administrator has chosen this rule for additional assessment of policy and legal issues. Notice and comment is impracticable because the rule currently has an effective date of February 3, 2009, and the Agency can not adequately comply with the presidential directive without delaying the effective date of the rule. We have also determined that notice and comment is unnecessary because there are no applicable compliance dates for the SUPPLEMENTARY INFORMATION: PO 00000 Frm 00003 Fmt 4700 Sfmt 4700 5901 final rule until well after the April 4, 2009 effective date. The Agency is taking this action to ensure that the rule reflects proper consideration of all relevant facts. While the Agency is requesting public comment on the entire final rule, the Agency is specifically interested in receiving comments on the optional approaches for produced water containers and the criteria for qualified oil production facilities. The preamble and regulatory text for the optional approaches for exempting or providing containment for produced water containers can be found at §§ 112.2, 112.3(d)(vi), 112.3(d)(vii), 112.5(b), 112.5(c), 112.9(c)(6), and Section V.M.7 of the December 5, 2008 document, 73 FR 74285 through 74290. The preamble and regulatory text on the criteria for the identification of oil production facilities that are qualified and eligible to prepare self-certified Plans can be found at § 112.3(g)(2)(ii) and Section V.M.6 of the December 5, 2008 document, 73 FR 74280 through 74285. The Agency requests that comments include an appropriate rationale and supporting data for Agency review and consideration. Following the comment period, EPA will take appropriate steps to ensure careful evaluation of the comments received and will consider whether further amendment of the final rule is necessary. Finally, the Agency is also reviewing the dates by which owners or operators of facilities must prepare or amend their SPCC Plans, and implement those Plans. EPA intends to address these dates in a separate notice. Statutory and Executive Order Reviews A. Executive Order 12866: Regulatory Planning and Review This action is not a ‘‘significant regulatory action’’ under the terms of Executive Order 12866 (58 FR 51735, October 4, 1993) and is, therefore, not subject to review under the Executive Order. B. Paperwork Reduction Act This action does not impose any new information collection burden. This action results in no changes to the information collection requirements of the SPCC rule and will have no impact on the information collection estimate of project cost and hour burden previously submitted to OMB. C. Regulatory Flexibility Act Today’s final rule is not subject to the Regulatory Flexibility Act (RFA), which generally requires an agency to prepare a regulatory flexibility analysis for any E:\FR\FM\03FER1.SGM 03FER1 5902 Federal Register / Vol. 74, No. 21 / Tuesday, February 3, 2009 / Rules and Regulations rule that will have a significant economic impact on a substantial number of small entities. The RFA applies only to rules subject to notice and comment rulemaking requirements under the APA or any other statute. This rule is not subject to notice and comment requirements under the APA or any other statute because, although the rule is subject to the APA, the Agency has invoked the ‘‘good cause’’ exemption under 5 U.S.C. 553(b), therefore, it is not subject to the notice and comment requirement. 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. This 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 and 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 action only delays the effective date of the December 5, 2008 rule and does not impose any additional enforceable duty. yshivers on PROD1PC62 with RULES 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 action 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. This action will not impose direct compliance costs on state or local governments, and will not preempt state law. Thus, Executive Order 13132 does not apply to this action. VerDate Nov<24>2008 10:37 Feb 02, 2009 Jkt 217001 F. Executive Order 13175: Consultation and Coordination With Indian Tribal Governments This action does not have tribal implications, as specified in Executive Order 13175 (59 FR 22951, November 9, 2000). It will not have substantial direct effects on tribal governments, on the relationship between the Federal government and Indian tribes, or on the distribution of power and responsibilities between the Federal government and Indian tribes, as specified in Executive Order 13175. Thus, Executive Order 13175 does not apply to this action. G. Executive Order 13045: Protection of Children From Environmental Health Risks and Safety Risks EPA interprets Executive Order 13045 (62 FR 19885, April 23, 1997) as applying to those regulatory actions that concern health or safety risks, such that the analysis required under section 5– 501 of the Executive Order has the potential to influence the regulation. This action is not subject to Executive Order 13045 because the NSPS for petroleum refineries are based on technology performance. This action is not subject to Executive Order 13045 (62 FR 19885, April 23, 1997) because it is not economically significant as defined in EO 12866, and because the Agency does not believe the environmental health or safety risks addressed by this action presents a disproportionate risk to children. H. Executive Order 13211: Actions Concerning Regulations That Significantly Affect Energy Supply, Distribution, or Use This action is not subject to Executive Order 13211, ‘‘Actions Concerning Regulations That Significantly Affect Energy Supply, Distribution, or Use’’ (66 FR 28355, May 22, 2001) because it is not a significant regulatory action under Executive Order 12866. I. National Technology Transfer and Advancement Act Section 12(d) of the National Technology Transfer and Advancement Act of 1995 (NTTAA) (Pub. L. 104–113; 12(d) (15 U.S.C. 272 note) directs EPA to use voluntary consensus standards (VCS) in its regulatory activities unless to do so would be inconsistent with applicable law or otherwise impractical. VCS are technical standards (e.g., materials specifications, test methods, sampling procedures, and business practices) that are developed or adopted by VCS bodies. NTTAA directs EPA to provide Congress, through OMB, PO 00000 Frm 00004 Fmt 4700 Sfmt 4700 explanations when EPA decides not to use available and applicable VCS. This action does not involve technical standards. Therefore, EPA did not consider the use of any VCS. 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, 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. Section 808 allows the issuing agency to make a rule effective sooner than otherwise provided by the CRA if the agency makes a good cause finding that notice and public procedure is impracticable, unnecessary, or contrary to the public interest. This determination must be supported by a brief statement. 5 U.S.C. 808(2). As stated previously, EPA has made such a good cause finding, including the reasons therefor. EPA will submit a report containing this rule and other required information to the United States Senate, the United States House of Representatives, and the Comptroller General of the United States prior to publication of the rule in the Federal Register. This action is not a ‘‘major rule’’ as defined by 5 U.S.C. 804(2). List of Subjects in 40 CFR Part 112 Environmental protection, Animal fats and vegetable oils, Hot-mix asphalt, Farms, Flammable and combustible materials, Integrity testing, Loading E:\FR\FM\03FER1.SGM 03FER1 Federal Register / Vol. 74, No. 21 / Tuesday, February 3, 2009 / Rules and Regulations racks, Materials handling and storage, Natural gas, Oil pollution, Oil and gas exploration and production, Oil spill response, Penalties, Petroleum, Reporting and recordkeeping requirements, Secondary containment, Security, Tanks, Unloading racks, Water pollution control, Water resources. Dated: January 29, 2009. Lisa P. Jackson, Administrator. [FR Doc. E9–2335 Filed 2–2–09; 8:45 am] yshivers on PROD1PC62 with RULES BILLING CODE 6560–50–P VerDate Nov<24>2008 10:37 Feb 02, 2009 Jkt 217001 PO 00000 Frm 00005 Fmt 4700 Sfmt 4700 5903 E:\FR\FM\03FER1.SGM 03FER1

Agencies

ENVIRONMENTAL PROTECTION AGENCY

[Federal Register Volume 74, Number 21 (Tuesday, February 3, 2009)]
[Rules and Regulations]
[Pages 5900-5903]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E9-2335]


=======================================================================
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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 112

[EPA-HQ-OPA-2007-0584; FRL-8770-7]
RIN 2050-AG16


Oil Pollution Prevention; Non-Transportation Related Onshore 
Facilities; Spill Prevention, Control, and Countermeasure Rule--Final 
Amendments

AGENCY: Environmental Protection Agency.

ACTION: Final rule: Delay of effective date and request for comment.

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

SUMMARY: The Environmental Protection Agency (EPA) is delaying by sixty 
days the effective date of the final rule that amends the Spill 
Prevention, Control, and Countermeasure (SPCC) regulations published in 
the Federal Register on December 5, 2008. Thus, the amendments will 
become effective on April 4, 2009. EPA additionally is requesting 
public comment on the extension of the effective date and its duration, 
and on the regulatory amendments contained in the final rule.

DATES: This document is effective February 3, 2009. The effective date 
of FR Doc. E8-28159, published in the Federal Register on December 5, 
2008 (73 FR 74236), is delayed to April 4, 2009.
    Comments must be received on or before March 5, 2009.

ADDRESSES: Submit your comments, identified by Docket ID No. EPA-HQ-
OPA-2007-0584, by one of the following methods:
     www.regulations.gov: Follow the on-line instructions for 
submitting comments.
     Mail: EPA Docket, Environmental Protection Agency, Mail 
code: 2822T, 1200 Pennsylvania Ave., NW., Washington, DC 20460.
     Hand Delivery: EPA/DC, EPA West, Room 3334, 1301 
Constitution Ave., NW., Washington, DC. Such deliveries are only 
accepted during the Docket's normal hours of operation, and special 
arrangements should be made for deliveries of boxed information.
    Instructions: Direct your comments to Docket ID No. EPA-HQ-OPA-
2007-0584. EPA's policy is that all comments received will be included 
in the public docket without change and may be made available online at 
www.regulations.gov, including any personal information provided, 
unless the comment includes information claimed to be Confidential 
Business Information (CBI) or other information

[[Page 5901]]

whose disclosure is restricted by statute. Do not submit information 
that you consider to be CBI or otherwise protected through 
www.regulations.gov or e-mail. The www.regulations.gov Web site is an 
``anonymous access'' system, which means EPA will not know your 
identity or contact information unless you provide it in the body of 
your comment. If you send an e-mail comment directly to EPA without 
going through www.regulations.gov, your e-mail address will be 
automatically captured and included as part of the comment that is 
placed in the public docket and made available on the Internet. If you 
submit an electronic comment, EPA recommends that you include your name 
and other contact information in the body of your comment and with any 
disk or CD-ROM you submit. 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. Electronic files should avoid 
the use of special characters, any form of encryption, and be free of 
any defects or viruses. For additional information about EPA's public 
docket, visit the EPA Docket Center homepage at https://www.epa.gov/
epahome/dockets.htm.
    Docket: All documents in the docket are listed in the 
www.regulations.gov index. 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, will be publicly available only in hard copy. 
Publicly available docket materials are available either electronically 
in 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 for the Public 
Reading Room is (202) 566-1744, and the telephone number for the EPA 
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 at 800-553-7672 (hearing impaired). In the Washington, DC 
metropolitan area, contact the Superfund, TRI, EPCRA, RMP, and Oil 
Information Center at 703-412-9810 or TDD 703-412-3323. For more 
detailed information on specific aspects of this final rule, contact 
either Vanessa E. Principe at 202-564-7913 (principe.vanessa@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: 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), EPA is delaying the effective date 
of the final rule that amends the Spill Prevention, Control, and 
Countermeasure (SPCC) regulations promulgated in the Federal Register 
on December 5, 2008 (73 FR 74236) under section 311 of the Clean Water 
Act and seeking public comment on the extension and its duration. The 
effective date of the final rule would have been February 3, 2009. With 
the 60-day extension, the amendments will become effective on April 4, 
2009. The SPCC rule amendments clarify, tailor, and streamline certain 
existing requirements for those facility owners or operators who are 
required to prepare and implement an SPCC Plan (or ``Plan'') to prevent 
the discharge of oil into or upon navigable waters of the United States 
or adjoining shorelines.
    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 rule without providing 
notice and an opportunity for public comment. We have determined that 
there is good cause for delaying the effective date of the final rule 
amending the SPCC regulations without prior proposal and opportunity 
for comment because notice and comment would be impracticable and 
unnecessary. Consistent with the January 21, 2009 OMB memorandum 
``Implementation of Memorandum Concerning Regulatory Review,'' the EPA 
Administrator has chosen this rule for additional assessment of policy 
and legal issues. Notice and comment is impracticable because the rule 
currently has an effective date of February 3, 2009, and the Agency can 
not adequately comply with the presidential directive without delaying 
the effective date of the rule. We have also determined that notice and 
comment is unnecessary because there are no applicable compliance dates 
for the final rule until well after the April 4, 2009 effective date.
    The Agency is taking this action to ensure that the rule reflects 
proper consideration of all relevant facts. While the Agency is 
requesting public comment on the entire final rule, the Agency is 
specifically interested in receiving comments on the optional 
approaches for produced water containers and the criteria for qualified 
oil production facilities. The preamble and regulatory text for the 
optional approaches for exempting or providing containment for produced 
water containers can be found at Sec. Sec.  112.2, 112.3(d)(vi), 
112.3(d)(vii), 112.5(b), 112.5(c), 112.9(c)(6), and Section V.M.7 of 
the December 5, 2008 document, 73 FR 74285 through 74290. The preamble 
and regulatory text on the criteria for the identification of oil 
production facilities that are qualified and eligible to prepare self-
certified Plans can be found at Sec.  112.3(g)(2)(ii) and Section V.M.6 
of the December 5, 2008 document, 73 FR 74280 through 74285. The Agency 
requests that comments include an appropriate rationale and supporting 
data for Agency review and consideration. Following the comment period, 
EPA will take appropriate steps to ensure careful evaluation of the 
comments received and will consider whether further amendment of the 
final rule is necessary.
    Finally, the Agency is also reviewing the dates by which owners or 
operators of facilities must prepare or amend their SPCC Plans, and 
implement those Plans. EPA intends to address these dates in a separate 
notice.

Statutory and Executive Order Reviews

A. Executive Order 12866: Regulatory Planning and Review

    This action is not a ``significant regulatory action'' under the 
terms of Executive Order 12866 (58 FR 51735, October 4, 1993) and is, 
therefore, not subject to review under the Executive Order.

B. Paperwork Reduction Act

    This action does not impose any new information collection burden. 
This action results in no changes to the information collection 
requirements of the SPCC rule and will have no impact on the 
information collection estimate of project cost and hour burden 
previously submitted to OMB.

C. Regulatory Flexibility Act

    Today's final rule is not subject to the Regulatory Flexibility Act 
(RFA), which generally requires an agency to prepare a regulatory 
flexibility analysis for any

[[Page 5902]]

rule that will have a significant economic impact on a substantial 
number of small entities. The RFA applies only to rules subject to 
notice and comment rulemaking requirements under the APA or any other 
statute. This rule is not subject to notice and comment requirements 
under the APA or any other statute because, although the rule is 
subject to the APA, the Agency has invoked the ``good cause'' exemption 
under 5 U.S.C. 553(b), therefore, it is not subject to the notice and 
comment requirement.

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. This 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 and 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 action only 
delays the effective date of the December 5, 2008 rule and does not 
impose any additional enforceable duty.

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 action 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. This action will not impose direct 
compliance costs on state or local governments, and will not preempt 
state law. Thus, Executive Order 13132 does not apply to this action.

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

    This action does not have tribal implications, as specified in 
Executive Order 13175 (59 FR 22951, November 9, 2000). It will not have 
substantial direct effects on tribal governments, on the relationship 
between the Federal government and Indian tribes, or on the 
distribution of power and responsibilities between the Federal 
government and Indian tribes, as specified in Executive Order 13175. 
Thus, Executive Order 13175 does not apply to this action.

G. Executive Order 13045: Protection of Children From Environmental 
Health Risks and Safety Risks

    EPA interprets Executive Order 13045 (62 FR 19885, April 23, 1997) 
as applying to those regulatory actions that concern health or safety 
risks, such that the analysis required under section 5-501 of the 
Executive Order has the potential to influence the regulation. This 
action is not subject to Executive Order 13045 because the NSPS for 
petroleum refineries are based on technology performance. This action 
is not subject to Executive Order 13045 (62 FR 19885, April 23, 1997) 
because it is not economically significant as defined in EO 12866, and 
because the Agency does not believe the environmental health or safety 
risks addressed by this action presents a disproportionate risk to 
children.

H. Executive Order 13211: Actions Concerning Regulations That 
Significantly Affect Energy Supply, Distribution, or Use

    This action is not subject to Executive Order 13211, ``Actions 
Concerning Regulations That Significantly Affect Energy Supply, 
Distribution, or Use'' (66 FR 28355, May 22, 2001) because it is not a 
significant regulatory action under Executive Order 12866.

I. National Technology Transfer and Advancement Act

    Section 12(d) of the National Technology Transfer and Advancement 
Act of 1995 (NTTAA) (Pub. L. 104-113; 12(d) (15 U.S.C. 272 note) 
directs EPA to use voluntary consensus standards (VCS) in its 
regulatory activities unless to do so would be inconsistent with 
applicable law or otherwise impractical. VCS are technical standards 
(e.g., materials specifications, test methods, sampling procedures, and 
business practices) that are developed or adopted by VCS bodies. NTTAA 
directs EPA to provide Congress, through OMB, explanations when EPA 
decides not to use available and applicable VCS.
    This action does not involve technical standards. Therefore, EPA 
did not consider the use of any VCS.

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, 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. Section 808 allows the issuing agency to 
make a rule effective sooner than otherwise provided by the CRA if the 
agency makes a good cause finding that notice and public procedure is 
impracticable, unnecessary, or contrary to the public interest. This 
determination must be supported by a brief statement. 5 U.S.C. 808(2). 
As stated previously, EPA has made such a good cause finding, including 
the reasons therefor. EPA will submit a report containing this rule and 
other required information to the United States Senate, the United 
States House of Representatives, and the Comptroller General of the 
United States prior to publication of the rule in the Federal Register. 
This action is not a ``major rule'' as defined by 5 U.S.C. 804(2).

List of Subjects in 40 CFR Part 112

    Environmental protection, Animal fats and vegetable oils, Hot-mix 
asphalt, Farms, Flammable and combustible materials, Integrity testing, 
Loading

[[Page 5903]]

racks, Materials handling and storage, Natural gas, Oil pollution, Oil 
and gas exploration and production, Oil spill response, Penalties, 
Petroleum, Reporting and recordkeeping requirements, Secondary 
containment, Security, Tanks, Unloading racks, Water pollution control, 
Water resources.

    Dated: January 29, 2009.
Lisa P. Jackson,
Administrator.
[FR Doc. E9-2335 Filed 2-2-09; 8:45 am]
BILLING CODE 6560-50-P

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