[Federal Register Volume 76, Number 35 (Tuesday, February 22, 2011)]
[Rules and Regulations]
[Pages 9665-9666]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2011-3872]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 302

[EPA-HQ-SFUND-2010-1068; FRL-9268-8]


Designation, Reportable Quantities, and Notification; 
Notification Requirements

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule; technical amendment.

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SUMMARY: EPA is issuing a technical amendment to correct telephone and 
facsimile numbers used to immediately notify the National Response 
Center. EPA issued a final rule in the Federal Register on April 4, 
1985, that provided telephone numbers for any person in charge of a 
vessel or an offshore or an onshore facility to use as soon as he or 
she has knowledge of any release (other than a federally permitted 
release or application of a pesticide) for the immediate notification 
to the National Response Center when there is a release of a hazardous 
substance from a vessel or facility in a quantity equal to or exceeding 
the reportable quantity in any 24-hour period. On July 9, 2002, EPA 
issued another final rule in the Federal Register that provided an 
additional telephone number, a facsimile number, and a telex number for 
the National Response Center. Recently, changes were made to these 
numbers by the National Response Center that is operated by the U.S. 
Coast Guard. This document is being issued to delete one of the 
telephone numbers, the facsimile number, and the telex number, and to 
provide a new facsimile number.

DATES: This final rule is effective on February 22, 2011.

ADDRESSES: EPA has established a docket for this action under Docket ID 
No. EPA-HQ-SFUND-2010-1068. 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: <a href="/cdn-cgi/l/email-protection#13717672607f766a3d7f6a7d7d537663723d747c65"><span class="__cf_email__" data-cfemail="72101713011e170b5c1e0b1c1c321702135c151d04">[email protected]</span></a>.

SUPPLEMENTARY INFORMATION:

I. General Information

A. Does this action apply to me?

------------------------------------------------------------------------
             Type of entity               Examples of affected entities
------------------------------------------------------------------------
Federal Agencies.......................  National Response Center and
                                          any Federal agency that may
                                          release or respond to releases
                                          of hazardous substances.
State and Local Governments............  State Emergency Response
                                          Commissions, and Local
                                          Emergency Planning Committees.
Responsible Parties....................  Those entities responsible for
                                          the release of a hazardous
                                          substance from a vessel or
                                          facility.
------------------------------------------------------------------------

    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 current information is as follows:
    <bullet> Docket ID No. EPA-HQ-SFUND-2010-1068.
    <bullet> Federal eRulemaking Portal: http://www.regulations.gov.

II. What does this correction do?

    This technical amendment is a correction that is being issued to 
delete one of the telephone numbers, the facsimile number, and the 
telex number, and to provide a new facsimile number for the person in 
charge of a vessel or an offshore or an onshore facility to use to 
contact the National Response Center (NRC). The NRC is operated by the 
U.S. Coast Guard.
    On April 4, 1985, (50 FR 13456) EPA issued a final rule in the 
Federal Register that provided telephone numbers for any person in 
charge of a vessel or an offshore or an onshore facility to use as soon 
as he or she has knowledge of any release (other than a federally 
permitted release or application of a pesticide) for the immediate 
notification to the NRC when there is a release of a hazardous 
substance from a vessel or facility in a quantity equal to or exceeding 
the reportable quantity in any 24-hour period (see 40 CFR 302.6(a)). On 
July 9, 2002, EPA issued another final rule in the Federal Register 
that provided an additional telephone number, a facsimile number, and a 
telex number for the NRC. Recently, changes were made to these numbers.

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 there is good cause for making this technical amendment 
final without prior proposal and opportunity for comment, because EPA 
is merely correcting information that has become out of date since the 
previously published final rule. The contact information for the NRC 
listed in 40 CFR 302.6 is no longer correct. Because the NRC receives 
notifications of hazardous substance release information, it is 
important that the public has the correct information to make such 
notifications. EPA finds that this constitutes good cause under 5 
U.S.C. 553(b)(B).

[[Page 9666]]

IV. Do any of the statutory and Executive Order reviews apply to this 
action?

    Under Executive Order 12866 (58 FR 51735, October 4, 1993), this 
action is not a ``significant regulatory action'' and is therefore not 
subject to OMB review. Because this action is not subject to notice and 
comment requirements under the Administrative Procedures Act or any 
other statute, it is not subject to the Regulatory Flexibility Act (5 
U.S.C. 601 et seq.) or Sections 202 and 205 of the Unfunded Mandates 
Reform Act of 1999 (UMRA) (Pub. L. 104-4). In addition, this action 
does not significantly or uniquely affect small governments. This 
action does not create new binding legal requirements that 
substantially and directly affect Tribes under Executive Order 13175 
(63 FR 67249, November 9, 2000). This action does not have significant 
Federalism implications under Executive Order 13132 (64 FR 43255, 
August 10, 1999). Because this final rule has been exempted from review 
under Executive Order 12866, this final rule is not subject to 
Executive Order 13211, entitled Actions Concerning Regulations That 
Significantly Affect Energy Supply, Distribution, or Use (66 FR 28355, 
May 22, 2001) or Executive Order 13045, entitled Protection of Children 
from Environmental Health Risks and Safety Risks (62 FR 19885, April 
23, 1997). This final rule does not contain any information collections 
subject to OMB approval under the Paperwork Reduction Act (PRA), 44 
U.S.C. 3501 et seq., nor does it require any special considerations 
under Executive Order 12898, entitled Federal Actions to Address 
Environmental Justice in Minority Populations and Low-Income 
Populations (59 FR 7629, February 16, 1994). This action does not 
involve technical standards; thus, the requirements of Section 12(d) of 
the National Technology Transfer and Advancement Act of 1995 (15 U.S.C. 
272 note) do not apply.

A. 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 therefore, and established an effective date of February 22, 
2011. 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. This action is not a ``major rule'' 
as defined by 5 U.S.C. 804(2).

List of Subjects in 40 CFR Part 302

    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: February 11, 2011.
Barry Breen,
Acting Assistant Administrator, Office of Solid Waste and Emergency 
Response.

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

PART 302--DESIGNATION, REPORTABLE QUANTITIES, AND NOTIFICATION

0
1. The authority citation for part 302 continues to read as follows:

    Authority: 42 U.S.C. 9602, 9603, and 9604; 33 U.S.C. 1321 and 
1361.

0
2. Section 302.6 is amended by revising paragraph (a) to read as 
follows:


Sec.  302.6  Notification requirements.

    (a) Any person in charge of a vessel or an offshore or an onshore 
facility shall, as soon as he or she has knowledge of any release 
(other than a federally permitted release or application of a 
pesticide) of a hazardous substance from such vessel or facility in a 
quantity equal to or exceeding the reportable quantity determined by 
this part in any 24-hour period, immediately notify the National 
Response Center (1-800-424-8802; in Washington, DC 202-267-2675; the 
facsimile number is 202-267-1322).
* * * * *
[FR Doc. 2011-3872 Filed 2-18-11; 8:45 am]
BILLING CODE 6560-50-P


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