Federal Register / Vol. 75, No. 198 / Thursday, October 14, 2010 / Rules and Regulations 63093 

or restrict the requirements for take for 

nonsubsistence uses. 

(1) If the timing of a regularly 

scheduled meeting of the affected 

Regional Council so permits without 

incurring undue delay, the Board may 

seek Council recommendations on the 

proposed emergency special action. 

Such a Council recommendation, if any, 

will be subject to the requirements of 

§ __.18(a)(4). 

(2) The emergency action will be 

effective when directed by the Board, 

may not exceed 60 days, and may not 

be extended unless the procedures for 

adoption of a temporary special action, 

as set forth in paragraph (b) of this 

section, have been followed. 

(b) Temporary special actions. After 

adequate notice and public hearing, the 

Board may temporarily close or open 

public lands for the taking of fish and 

wildlife for subsistence uses, or modify 

the requirements for subsistence take, or 

close public lands for the taking of fish 

and wildlife for nonsubsistence uses, or 

restrict take for nonsubsistence uses. 

(1) The Board may make such 

temporary changes only after it 

determines that the proposed temporary 

change will not interfere with the 

conservation of healthy fish and wildlife 

populations, will not be detrimental to 

the long-term subsistence use of fish or 

wildlife resources, and is not an 

unnecessary restriction on 

nonsubsistence users. The Board may 

also reopen public lands to 

nonsubsistence uses if new information 

or changed conditions indicate that the 

closure is no longer warranted. 

(i) Prior to implementing a temporary 

special action, the Board will consult 

with the State of Alaska and the Chairs 

of the Regional Councils of the affected 

regions. 

(ii) If the timing of a regularly 

scheduled meeting of the affected 

Regional Council so permits without 

incurring undue delay, the Board will 

seek Council recommendations on the 

proposed temporary special action. 

Such Council recommendations, if any, 

will be subject to the requirements of 

§ __.18(a)(4). 

(2) The length of any temporary action 

will be confined to the minimum time 

period or harvest limit determined by 

the Board to be necessary under the 

circumstances. In any event, a 

temporary opening or closure will not 

extend longer than the end of the 

current regulatory cycle. 

(c) The Board may reject a request for 

either an emergency or a temporary 

special action if the Board concludes 

that there are no time-sensitive 

circumstances necessitating a regulatory 

change before the next regular proposal 

cycle. However, a special action request 

that has been rejected for this reason 

may be deferred, if appropriate and after 

consultation with the proponent, for 

consideration during the next regular 

proposal cycle. The Board will consider 

changes to customary and traditional 

use determinations in subpart C of this 

part only during the regular proposal 

cycle. 

(d) The Board will provide notice of 

all regulatory changes adopted via 

special action by posting the change on 

the Office of Subsistence Management 

Web site (http://alaska.fws.gov/asm/ 

index.cfml). When appropriate, notice 

may also include distribution of press 

releases to newspapers, local radio 

stations, and local contacts, as well as 

direct notification to the proponent and 

interested parties. The Board will 

publish notice and reasons justifying the 

special action in the Federal Register as 

soon as practicable. 

(e) The decision of the Board on any 

proposed special action will constitute 

its final administrative action. 

(f) Regulations authorizing any 

individual agency to implement 

closures or restrictions on public lands 

managed by the agency remain 

unaffected by the regulations in this 

part. 

(g) Fish and wildlife may not be taken 

in violation of any restriction, closure, 

or change authorized by the Board. 

Dated: July 13, 2010. 

Ken Salazar, 

Secretary of the Interior, Department of the 

Interior. 

Beth G. Pendleton, 

Regional Forester, USDA—Forest Service. 

[FR Doc. 2010–25816 Filed 10–13–10; 8:45 am] 

BILLING CODE 3410–11–P; 4310–55–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 112 

[EPA–HQ–OPA–2009–0880; FRL–9213–8] 

RIN 2050–AG59 

Oil Pollution Prevention; Spill 

Prevention, Control, and 

Countermeasure (SPCC) Rule— 

Compliance Date Amendment 

AGENCY: Environmental Protection 

Agency. 

ACTION: Final rule. 

SUMMARY: The U.S. Environmental 

Protection Agency (EPA or the Agency) 

is promulgating a new compliance date 

of November 10, 2011 by which certain 

facilities must prepare or amend their 

Spill Prevention, Control, and 

Countermeasure (SPCC) Plans, and 

implement those Plans, providing an 

additional year for certain facilities. 

This action allows additional time for 

those affected in the regulated 

community to understand the revisions 

to the SPCC rule finalized in December 

2008 and November 2009. However, 

EPA is not extending the compliance 

date for drilling, production or 

workover facilities that are offshore or 

that have an offshore component, or for 

onshore facilities required to have and 

submit Facility Response Plans (FRPs). 

Additionally, the Agency is delaying the 

compliance date by which facilities 

must address milk and milk product 

containers, associated piping and 

appurtenances that are constructed 

according to the current applicable 3–A 

Sanitary Standards, and subject to the 

current applicable Grade ‘‘A’’ 

Pasteurized Milk Ordinance (PMO) or a 

State dairy regulatory requirement 

equivalent to the current applicable 

PMO. The date by which the owner or 

operator of a facility must comply with 

the SPCC requirements for these milk 

and milk product containers is delayed 

one year from the effective date of a 

final rule specifically addressing these 

milk and milk product containers, 

associated piping and appurtenances, or 

as specified by a rule that otherwise 

establishes a compliance date for these 

facilities. Both the extension and delay 

of the compliance date provide time for 

certain facilities to undertake the 

actions necessary to prepare or amend 

their SPCC Plans, as well as implement 

them. 

DATES: This final rule is effective on 

October 14, 2010. 

ADDRESSES: The public docket for this 

rulemaking, Docket ID No. EPA–HQ– 

OPA–2009–0880, contains the 

information related to this rulemaking, 

including the response to comment 

document. All documents in the docket 

are listed in the index at http:// 

www.regulations.gov. Although listed in 

the index, some information may not be 

publicly available, such as Confidential 

Business Information (CBI) 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 at 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, 


emcdonald on DSK2BSOYB1PROD with RULES
63094 Federal Register / Vol. 75, No. 198 / Thursday, October 14, 2010 / Rules and Regulations 

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 on the SPCC rule, 

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 final rule, contact either Vanessa 

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: The 

contents of this preamble are: 

I. General Information 

II. Entities Potentially Affected by This Final 

Rule 

III. Statutory Authority 

IV. Background 

V. This Action 

A. Extension of Compliance Date by One 

Year for Certain Facilities 

B. Exceptions to the Compliance Date 

Extension 

C. Oil Production Facilities Beginning 

Operations After the Compliance Date 

D. Delay of Compliance Date for Facilities 

Affecting Milk and Milk Product 

Containers, Associated Piping and 

Appurtenances 

E. Summary of Comments and Response 

F. Other Considerations 

VI. Statutory and Executive Order Reviews 

A. Executive Order 12866—Regulatory 

Planning and Review 

B. Paperwork Reduction Act 

C. Regulatory Flexibility Act 

D. Unfunded Mandates Reform Act 

E. Executive Order 13132 Federalism 

F. Executive Order 13175—Consultation 

and Coordination With Indian Tribal 

Governments 

G. Executive Order 13045—Protection of 

Children from Environmental Health & 

Safety Risks 

H. Executive Order 13211—Actions That 

Significantly Affect Energy Supply, 

Distribution, or Use 

I. National Technology Transfer and 

Advancement Act 

J. Executive Order 12898—Federal Actions 

to Address Environmental Justice in 

Minority Populations and Low-Income 

Populations 

K. Congressional Review Act 

I. General Information 

On August 3, 2010, the Agency 

proposed to amend the date by which 

certain facilities must prepare or amend 

their Spill Prevention, Control, and 

Countermeasure (SPCC) Plans (or 

‘‘Plan’’), and implement those Plans (75 

FR 45572). This action extends the 

compliance date an additional year for 

certain facilities, with a new compliance 

date of November 10, 2011, to allow 

time for those affected in the regulated 

community to understand the revisions 

to the SPCC rule finalized in December 

2008 and November 2009 and amend or 

prepare and implement their SPCC 

Plans. However, EPA is not extending 

the compliance date for drilling, 

production or workover facilities that 

are offshore or that have an offshore 

component, or for onshore facilities 

required to have and submit Facility 

Response Plans (FRPs). 

Additionally, the Agency is delaying 

the compliance date by which the 

owner or operator of a facility must 

address milk and milk product 

containers, associated piping and 

appurtenances that are constructed 

according to the current applicable 3–A 

Sanitary Standards, and subject to the 

current applicable Grade ‘‘A’’ 

Pasteurized Milk Ordinance (PMO) or a 

State dairy regulatory requirement 

equivalent to the current applicable 

PMO. The date by which the owner or 

operator of a facility must comply with 

SPCC requirements for these milk and 

milk product containers is delayed one 

year from the effective date of a final 

rule specifically addressing these milk 

and milk product containers, associated 

piping and appurtenances, or as 

specified by a rule that otherwise 

establishes a new compliance date for 

these facilities. Both the extension and 

delay of the compliance date provide 

time for certain facilities to undertake 

the actions necessary to prepare or 

amend their SPCC Plans, as well as 

implement them. 

II. Entities Potentially Affected by This 

Final Rule 

In the table below, EPA is providing 

a list of potentially affected entities. 

However, this action may affect other 

entities not listed below. The Agency’s 

goal is to provide a guide for readers to 

consider regarding entities that 

potentially could be affected by this 

action. If you have questions regarding 

the applicability of this action to a 

particular entity, consult the person 

listed in the preceding section titled FOR

FURTHER INFORMATION CONTACT. 

Industry sector NAICS code 

Oil Production ...................................................................................................................................................................... 211111 

Farms .................................................................................................................................................................................. 111, 112 

Electric Utility Plants ........................................................................................................................................................... 2211 

Petroleum Refining and Related Industries ........................................................................................................................ 324 

Chemical Manufacturing ..................................................................................................................................................... 325 

Food Manufacturing ............................................................................................................................................................ 311, 312 

Manufacturing Facilities Using and Storing Animal Fats and Vegetable Oils .................................................................... 311, 325 

Metal Manufacturing ............................................................................................................................................................ 331, 332 

Other Manufacturing ........................................................................................................................................................... 31–33 

Real Estate Rental and Leasing ......................................................................................................................................... 531–533 

Retail Trade ......................................................................................................................................................................... 441–446, 448, 451–454 

Contract Construction ......................................................................................................................................................... 23 

Wholesale Trade ................................................................................................................................................................. 42 

Other Commercial ............................................................................................................................................................... 492, 541, 551, 561–562 

Transportation ..................................................................................................................................................................... 481–488 

Arts Entertainment & Recreation ........................................................................................................................................ 711–713 

Other Services (Except Public Administration) ................................................................................................................... 811–813 

Petroleum Bulk Stations and Terminals ............................................................................................................................. 4247 

Education ............................................................................................................................................................................ 61 

Hospitals & Other Health Care ........................................................................................................................................... 621, 622 

Accommodation and Food Services ................................................................................................................................... 721, 722 

Fuel Oil Dealers .................................................................................................................................................................. 45431 

Gasoline Stations ................................................................................................................................................................ 4471 

Information Finance and Insurance .................................................................................................................................... 51, 52 

Mining .................................................................................................................................................................................. 212 


emcdonald on DSK2BSOYB1PROD with RULES
Federal Register / Vol. 75, No. 198 / Thursday, October 14, 2010 / Rules and Regulations 63095 

Industry sector NAICS code 

Warehousing and Storage .................................................................................................................................................. 493 

Religious Organizations ...................................................................................................................................................... 813110 

Military Installations ............................................................................................................................................................. 928110 

Pipelines .............................................................................................................................................................................. 4861, 48691 

Government ......................................................................................................................................................................... 92 

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, the Agency 

published a final rule that amended the 

SPCC regulation (67 FR 47042). The rule 

became effective on August 16, 2002. 

The final rule included compliance 

dates in § 112.3 for preparing, 

amending, and implementing SPCC 

Plans. The dates for complying with 

amendments to the SPCC regulations 

have been amended a number of times: 

on January 9, 2003 (68 FR 1348), on 

April 17, 2003 (68 FR 18890), on August 

11, 2004 (69 FR 48794), on February 17, 

2006 (71 FR 8462), on May 16, 2007 (72 

FR 27444), and again on June 19, 2009 

(74 FR 29136). These extensions 

alleviated the need for individual 

extension requests and provided 

additional time for the regulated 

community to, among other things: 

understand the July 2002 SPCC 

amendments and the implications of the 

litigation (see 69 FR 29728, May 25, 

2004 and 73 FR 71941, November 26, 

2008); 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 amendments 

to the SPCC rule as finalized in 

December 2006, December 2008, and 

November 2009; and to understand the 

material presented in the SPCC 

Guidance for Regional Inspectors before 

preparing or amending their SPCC 

Plans. All of these changes and 

amendments were promulgated to 

provide increased clarity, to tailor the 

requirements to particular industry 

sectors, and to streamline certain 

requirements for those facility owners or 

operators subject to the rule. The 

current date under § 112.3(a), (b) and (c) 

by which owners/operators of facilities 

must prepare or amend their SPCC 

Plans, and implement those Plans, is 

November 10, 2010. 

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), the effective date of the 

December 2008 rulemaking was delayed 

until April 4, 2009 (74 FR 5900, 

February 3, 2009) and then until January 

14, 2010 (74 FR 14736, April 1, 2009). 

The Agency took this action to ensure 

that the rule reflected proper 

consideration of all relevant facts. In the 

February 3, 2009 notice, EPA requested 

public comment on the extension of the 

effective date and its duration, and on 

the regulatory amendments contained in 

the December 2008 final rule. Upon 

reviewing the record for the 

amendments and the additional 

comments, EPA promulgated further 

amendments to the SPCC rule on 

November 13, 2009 (74 FR 58784), 

making limited changes to the December 

2008 amendments. The effective date for 

both the December 5, 2008 and the 

November 13, 2009 final rule is January 

14, 2010, with a compliance date of 

November 10, 2010. Because of the 

uncertainty that surrounded EPA’s 

review of the final amendments to the 

December 5, 2008 rule, the delay of the 

effective date of that rule and 

publication of final rule amendments on 

November 13, 2009, the Agency is 

extending the compliance date for 

certain facilities. 

On January 15, 2009, EPA proposed to 

exempt from the SPCC requirements 

milk containers, associated piping and 

appurtenances provided they are 

constructed according to current 

applicable 3–A Sanitary Standards, and 

are subject to the current applicable 

PMO or a State dairy regulatory 

requirement equivalent to the current 

applicable PMO (74 FR 2461), and that 

the capacity of these milk containers 

would not be included in a facility’s 

total oil storage capacity calculation. 

The Agency requested comment on an 

exemption for milk product containers 

and their associated piping and 

appurtenances from the SPCC rule 

provided they are also constructed in 

accordance with the current applicable 

3–A Sanitary Standards, and are subject 

to the current applicable Grade ‘‘A’’ 

PMO sanitation requirements or a State 

dairy regulatory equivalent to the 

current applicable PMO. The Agency 

also requested comment on how to 

address milk storage containers 

(including totes) that may not be 

constructed to 3–A Sanitary Standards 

under the SPCC rule and whether they 

should also be exempted from the SPCC 

requirements, provided they are subject 

to the current applicable Grade ‘‘A’’ 

PMO or a State dairy regulatory 

requirement equivalent to the current 

applicable PMO. Finally, the Agency 

also requested comment on alternative 

approaches to address milk and milk 

product containers, associated piping 

and appurtenances under the SPCC rule. 

Today’s action delays the compliance 

date by which facilities must address 

milk and milk product containers, 

associated piping and appurtenances 

that may be impacted by a final rule 

exempting these containers. 

V. This Action 

Under the current provisions in 

§ 112.3(a), the owner or operator of a 

facility that was in operation on or 

before August 16, 2002 must maintain 

and implement the facility’s SPCC Plan, 

make any necessary revisions pursuant 

to the 2002, 2006, 2008 and 2009 

amendments to the Plan, and fully 

implement the amended Plan by 

November 10, 2010; the owner or 

operator of a facility that came into 

operation after August 16, 2002, but 

before November 10, 2010, must prepare 

and fully implement an SPCC Plan on 

or before November 10, 2010. Under the 

current provisions in § 112.3(b), the 

owner or operator of a facility 

(excluding oil production facilities) that 

becomes operational after November 10, 

2010 must prepare and implement an 

SPCC Plan before beginning operations; 

the owner or operator of an oil 

production facility that becomes 

operational after November 10, 2010 

must prepare and implement a Plan 

within six months after beginning 

operations. In addition, the current 

provision in § 112.3(c) requires the 

owners and operators of onshore and 

offshore mobile or portable facilities to 

prepare, implement, and maintain an 

SPCC Plan, and to amend it, if necessary 

to ensure compliance with this part, on 

or before November 10, 2010. The 

owner or operator of any onshore or 

offshore mobile or portable facility that 

becomes operational after November 10, 

2010, must prepare and implement a 

Plan before beginning operations. 


emcdonald on DSK2BSOYB1PROD with RULES
63096 Federal Register / Vol. 75, No. 198 / Thursday, October 14, 2010 / Rules and Regulations 

1Offshore FRP facilities are addressed in the 

exception to the compliance date extension as part 

of the drilling, production or workover facilities 

that are offshore or that have an offshore 

component. 

2A facility may pose ‘‘substantial harm’’ according 

to the FRP rule if it (1) has a total oil storage 

capacity greater than or equal to 42,000 gallons and 

it transfers oil over water to/from vessels; or (2) has 

a total oil storage capacity greater than or equal to 

one million gallons and meets one of the following 

conditions: (a) Does not have sufficient secondary 

containment for the capacity of the largest 

aboveground oil storage tank in each aboveground 

storage area; (b) is located at a distance such that 

a discharge from the facility could cause ‘‘injury’’ to 

fish, wildlife, and sensitive environments; (c) is 

located at a distance such that a discharge from the 

facility would shut down a public drinking water 

intake; or (d) has had, within the past five years, 

a reportable discharge greater than or equal to 

10,000 gallons. 

3For applicability of this rule to facilities with 

milk and milk product containers, associated piping 

and appurtenances, see Section V.D in this 

preamble. 

4To be eligible for the compliance extension, 

owners or operators of facilities in operation before 

August 16, 2002 must continue to maintain their 

existing SPCC Plans. 

5On December 5, 2008 (73 FR 74236), EPA 

finalized an amendment to allow a new oil 

production facility (i.e., one that becomes 

operational after the compliance date) a period of 

six months after the start of operations to prepare 

and implement an SPCC Plan. 

This rule amends the dates in 

§ 112.3(a), (b) and (c) by which the 

owners/operators of facilities (except 

drilling, production or workover 

facilities that are offshore or that have 

an offshore component, and all onshore 

facilities required to have and submit 

FRPs 1) must prepare or amend their 

SPCC Plans, and implem ent those 

Plans, to November 10, 2011. This 

action extends the date by one year from 

the current SPCC compliance date of 

November 10, 2010. This extension of 

the compliance date does not apply, 

however, to drilling, production or 

workover facilities that are completely 

offshore or that have both onshore and 

offshore components (e.g., an oil 

production facility with offshore 

wellheads connected to an onshore tank 

battery by submerged flowlines). For 

offshore drilling, production or 

workover facilities, the Agency is 

concerned about the need to have the 

most up-to-date SPCC Plans due to the 

unusual combination of characteristics 

of these facilities: continuous flow of oil 

at the facility, potential discharges being 

limited only by the capacity and 

pressure of the underground reservoir, 

and discharges that would have 

immediate and direct impact on water. 

For onshore facilities, the Agency also 

is concerned that extending the existing 

compliance date for facilities with large 

oil storage capacities could increase the 

potential to cause substantial harm if a 

discharge were to occur. Onshore 

facilities with large oil storage capacities 

have the potential to cause substantial 

harm as identified under the FRP 

regulation (40 CFR Part 112.20 and 

112.21). FRP facilities are those with 

storage capacities of 1 million gallons or 

more that could cause substantial harm 2

or those with storage capacities at or 

above 42,000 gallons and that transfer 

oil to or from a vessel over water. The 

Agency believes that FRP facilities 

should also have the most up-to-date 

SPCC Plans due to the potential to cause 

substantial harm, if a discharge were to 

occur. (Note: The Agency has not 

changed any compliance dates with 

respect to the FRP regulations.) 

Therefore, EPA is not extending the 

compliance date for drilling, production 

or workover facilities that are offshore 

or that have an offshore component, or 

all onshore facilities required to have 

and submit FRPs, due to the threats 

these facilities pose of significant oil 

spills to navigable waters or adjoining 

shorelines. 

The Agency is also delaying the 

compliance date by which the owner or 

operator of a facility must address milk 

and milk product containers, associated 

piping and appurtenances. The delay of 

the compliance date affects facilities 

with milk and milk product containers 

that are constructed according to the 

current applicable 3–A Sanitary 

Standards, and subject to the current 

applicable Grade ‘‘A’’ PMO or a State 

dairy regulatory requirement equivalent 

to the current applicable PMO. The date 

by which a facility owner or operators 

must comply with SPCC requirements 

for these milk and milk product 

containers is delayed by one year from 

the effective date of a final rule 

specifically addressing these milk and 

milk product containers, associated 

piping and appurtenances, or as 

specified by a rule that otherwise 

establishes a compliance date for these 

facilities. The Agency will establish the 

compliance date and publish it in the 

Federal Register as part of any final 

action on the proposed exemption (74 

FR 2461, January 15, 2009). The delay 

provides the owner or operator of these 

facilities the opportunity to fully 

understand any regulatory amendments 

that may be finalized. 

This rule is effective immediately 

upon publication in the Federal 

Register. Section 553(d) of the 

Administrative Procedures Act requires 

30 days notice before the effective date 

of a final rule. However, section 

553(d)(1) allows an exception to the 

30-day notice where a rule relieves a 

restriction. Because this final rule 

relieves a restriction, the Agency 

invokes section 553(d)(1) to allow an 

immediate effective date. 

Today’s rule revises the regulatory 

text in the proposed rule in response to 

the comments received. The Agency is 

making changes to the regulatory text in 

§ 112.3 to clarify how the extension and 

the delay of the compliance date applies 

for different facilities. 

A. Extension of the Compliance Date by 

One Year for Certain Facilities 

This rule extends for most facilities 

the dates in § 112.3(a), (b) and (c) by 

which the owner or operator must 

prepare or amend and implement an 

SPCC Plan. Exclusions to this 

compliance date extension are described 

below.3 Today’s rule amends and 

combines § 112.3(a) with §§ 112.3(b)(1) 

and (c) in the new paragraph 

§ 112.3(a)(1) to: 

• Amend the compliance date for a 

facility, including a mobile or portable 

facility, in operation on or before 

August 16, 2002 to require the owner or 

operator to make any necessary 

amendments to an SPCC Plan and fully 

implement the amended Plan by 

November 10, 2011.4

• Amend the compliance date for a 

facility, including a mobile or portable 

facility, which came into operation after 

August 16, 2002, but before November 

10, 2011, to require the owner or 

operator to prepare and fully implement 

an SPCC Plan on or before November 

10, 2011. 

• Amend the compliance date for a 

facility, including a mobile or portable 

facility, (except an oil production 

facility 5) which becomes operational 

after November 10, 2011 to require the 

owner or operator to prepare and 

implement an SPCC Plan before 

beginning operations. 

• Incorporate the language under the 

current § 112.3(c) for mobile or portable 

facilities (such as an onshore drilling or 

workover rig, or a portable fueling 

facility) to amend the compliance date 

for these facilities to November 10, 2011 

and maintain the language that allows 

mobile or portable facilities to prepare 

a general Plan. 

An extension of the compliance date 

for these facilities is appropriate 

because it provides the owners or 

operators of SPCC-regulated facilities 

the opportunity to fully understand the 

regulatory amendments offered by 

revisions to the SPCC rule promulgated 

on December 5, 2008 (73 FR 74236) and 

November 13, 2009 (74 FR 58784). 

Given the delay in the effective date for 

the December 2008 rule amendment, 


emcdonald on DSK2BSOYB1PROD with RULES
Federal Register / Vol. 75, No. 198 / Thursday, October 14, 2010 / Rules and Regulations 63097 

6On December 5, 2008 (73 FR 74236), EPA 

finalized an amendment to allow a new oil 

production facility (i.e., one that becomes 

operational after the compliance date) a period of 

six months after the start of operations to prepare 

and implement an SPCC Plan. 

and the uncertainty that surrounded the 

final amendments because of this delay, 

this extension allows potentially 

affected facilities an additional year 

beyond the current compliance date of 

November 10, 2010 to make any changes 

to their facilities and SPCC Plans to 

comply with the revised SPCC 

requirements. Considering that the 

changes in the final November 2009 

amendments were very limited, and that 

most of the December 2008 amendments 

offered compliance options and 

regulatory burden relief, a timeframe for 

this extension of one year is 

appropriate. A one-year period from the 

current compliance date provides 

sufficient time to understand and 

implement the amendments to the SPCC 

rule. 

B. Exceptions to the Compliance Date 

Extension 

The Agency is not extending the 

compliance date for drilling, production 

or workover facilities that are offshore 

or that have an offshore component, or 

for onshore facilities required to have 

and submit FRPs. The Agency is 

particularly concerned about the 

potential for immediate environmental 

impacts resulting from oil spills to 

navigable waters or adjoining shorelines 

posed by these facilities. All of these 

facilities have potentially significant 

quantities of oil that could be 

discharged to navigable waters or 

adjoining shorelines. Offshore drilling, 

production and workover facilities (and 

those with an offshore component) have 

a constant flow of oil associated with 

them and discharges could be in 

amounts that far exceed the oil storage 

capacity of the facility. Based on the 

recent experience with the Gulf of 

Mexico oil spill, the Agency is 

concerned that any potential oil 

discharge may be limited only by the 

capacity and pressure of the 

underground petroleum reservoir. The 

Agency’s concern regarding these 

facilities is reflected in the fact that they 

have a greater number of requirements 

under the SPCC rule because of their 

location over navigable waters or 

adjoining shorelines (40 CFR Part 

112.11). In addition to those facilities 

completely offshore, the Agency has 

identified many onshore facilities with 

offshore components, as in the case of 

over-water production platforms. While 

these facilities may have their tank 

batteries located onshore, their wellhead 

and portions of the flowlines are below 

the surface of the water. Offshore 

components include, but are not limited 

to, flow lines, gathering lines, 

wellheads, shut in valves, pressure 

control and sensing devices, cathodic 

protection devices and related piping 

and appurtenances. Because the Agency 

is equally concerned with the potential 

for immediate environmental impacts 

resulting from oil spills from a facility’s 

offshore components, it is also 

excluding these facilities from any 

extension to the compliance date. The 

Agency is also excluding all onshore 

FRP facilities from the extension 

because of their large oil storage 

capacities and their potential to cause 

substantial harm in the event of a 

discharge as identified under the FRP 

regulation (40 CFR 112.20). FRP 

facilities are those with storage 

capacities of 1 million gallons or more 

that could cause substantial harm, or 

those with storage capacities at or above 

42,000 gallons and that transfer oil to or 

from a vessel over water. 

Today’s rule adds a new paragraph 

§ 112.3(a)(2) to maintain the existing 

compliance date for this subset of 

facilities, and combines it with the 

§ 112.3(c) provision to indicate that the 

existing compliance date also applies to 

mobile or portable facilities within this 

subset: 

• Maintains the existing compliance 

date for A drilling, production or 

workover facility, including a mobile or 

portable facility, that is offshore or that 

has an offshore component; or an 

onshore facility required to have and 

submit an FRP, that was in operation on 

or before August 16, 2002, that requires 

the owner or operator to make any 

necessary amendments to an SPCC Plan 

and fully implement the amended Plan 

by November 10, 2010. 

• Maintains the existing compliance 

date for a drilling, production or 

workover facility, including a mobile or 

portable facility, that is offshore or that 

has an offshore component, or an 

onshore facility required to have and 

submit an FRP, that came into operation 

after August 16, 2002, but before 

November 10, 2010, that requires the 

owner or operator to prepare and fully 

implement an SPCC Plan on or before 

November 10, 2010. 

• Maintains the existing compliance 

date for a facility (except an oil 

production facility 6) that is either: A 

drilling, production or workover 

facility, including a mobile or portable 

facility, that is offshore or that has an 

offshore component, or an onshore 

facility required to have and submit an 

FRP, that becomes operational after 

November 10, 2010, that requires the 

owner or operator to prepare and 

implement an SPCC Plan before 

beginning operations. 

• Incorporates language under the 

current § 112.3(c) provision to maintain 

the existing compliance date for mobile 

or portable facilities that fall within this 

subset of facilities (such as a barge 

mounted offshore drilling or workover 

rig), and maintains the language that 

allows mobile or portable facilities to 

prepare a general Plan. 

C. Oil Production Facilities Beginning 

Operations After the Compliance Date 

The Agency is amending § 112.3(b)(2) 

to distinguish the two separate 

compliance dates that would apply to 

oil production facilities that become 

operational after the compliance dates. 

The Agency is also moving this 

provision to § 112.3(b). The new 

§ 112.3(b) amendments: 

• Maintain the existing compliance 

date for any oil production facility that 

is offshore or that has an offshore 

component, or any onshore oil 

production facility required to have and 

submit an FRP, that becomes 

operational after November 10, 2010, 

and could reasonably be expected to 

have a discharge as described in 

§ 112.1(b), that requires the owner or 

operator to prepare and implement a 

Plan within six months after beginning 

operations. 

• Amend the compliance date for any 

onshore oil production facility (i.e., one 

that does not have an offshore 

component and is not required to have 

and submit an FRP) that becomes 

operational after November 10, 2011, 

and could reasonably be expected to 

have a discharge as described in 

§ 112.1(b), that requires the owner or 

operator to prepare and implement a 

Plan within six months after beginning 

operations. 

D. Delay of Compliance Date for 

Facilities Affecting Milk and Milk 

Product Containers, Associated Piping 

and Appurtenances 

The Agency is delaying the 

compliance date by which the owner or 

operator of a facility must address milk 

and milk product containers, associated 

piping and appurtenances that are 

constructed according to the current 

applicable 3–A Sanitary Standards, and 

subject to the current applicable Grade 

‘‘A’’ PMO or a State dairy regulatory 

requirement equivalent to the current 

applicable PMO. The Agency is taking 

this action for facilities that would be 

affected by any final determination on 

the proposed rule to exempt these 

containers from the SPCC requirements 

(74 FR 2461, January 15, 2009). The date 


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63098 Federal Register / Vol. 75, No. 198 / Thursday, October 14, 2010 / Rules and Regulations 

by which a facility owner or operator 

must comply with SPCC requirements 

for these milk and milk product 

containers is delayed by one year from 

the effective date of a final rule 

specifically addressing these milk and 

milk product containers, associated 

piping and appurtenances, or as 

specified by a rule that otherwise 

establishes a new compliance date for 

these facilities. The Agency will 

establish the new compliance date and 

publish it in the Federal Register as part 

of any final action on the proposed 

exemption. 

The delay for these facilities provides 

the owner or operator the opportunity to 

fully understand any new regulatory 

amendments for milk and milk product 

containers, associated piping and 

appurtenances. Today’s rule amends 

§ 112.3(c) to: 

• Delay the compliance date by which 

the owner or operator of a facility 

must address milk and milk product 

containers, associated piping and 

appurtenances that are constructed 

according to the current applicable 3– 

A Sanitary Standards, and subject to 

the current applicable Grade ‘‘A’’ PMO 

or a State dairy regulatory 

requirement equivalent to the current 

applicable PMO: 

Æ During the delay, the owner or 

operator of the facility does not 

include milk and milk product 

containers as described above when 

either determining the aggregate 

facility oil storage capacity or as 

part of the facility’s SPCC Plan. 

• Require that all other oil storage 

containers at the facility (excluding 

milk and milk product containers as 

described above) be addressed in the 

SPCC Plan by November 10, 2011 

when the facility has an aboveground 

oil storage capacity (excluding the 

capacity of these milk and milk 

product containers) greater than 1,320 

U.S. gallons or a completely buried 

storage capacity greater than 42,000 

U.S. gallons. A facility that has milk 

and milk product containers, 

associated piping and appurtenances 

as described above, that: 

Æ Began operating before the August 

16, 2002 effective date of the July 

2002 SPCC rule amendments (67 FR 

47042) will have to maintain the 

existing SPCC Plan for any other oil 

container at the facility, and amend 

it to ensure compliance with the 

SPCC rule requirements to address 

these other oil containers otherwise 

subject to the SPCC requirements by 

November 10, 2011; 

Æ Began operating after August 16, 

2002. but before November 10, 

2011, will have to prepare and 

implement an SPCC Plan for the 

facility to address any other oil 

containers at the facility otherwise 

subject to the SPCC requirements by 

November 10, 2011; and 

Æ Begins operating after November 

10, 2011 will have to prepare and 

implement a Plan before starting 

operations to address any other oil 

containers at the facility otherwise 

subject to the SPCC requirements. 

E. Summary of Comments and Response 

The Agency solicited comments on 

the proposed compliance date extension 

by which owners and operators would 

be required to prepare, amend, and 

implement SPCC Plans in accordance 

with the amendments to the SPCC rule. 

The Agency also discussed an 

alternative of a shorter compliance date 

extension, such as either six or nine 

months (either May 10, 2011 or August 

10, 2011). 

In addition, the Agency solicited 

comments on the proposed exceptions 

to the compliance date extension: 

Requiring drilling, production or 

workover facilities that are offshore or 

that have an offshore component, or 

onshore facilities that are required to 

have and submit an FRP, to comply by 

the current compliance date of 

November 10, 2010. 

Furthermore, the Agency also 

solicited comments on the proposed 

delay of the compliance date by which 

owners and operators of facilities that 

have milk containers, associated piping 

and appurtenances would be required to 

prepare, amend, and implement SPCC 

Plans in accordance with amendments 

to the SPCC rule. 

The Agency received 34 comments on 

the proposed rule. The discussion below 

summarizes and responds to the major 

comments received. A more complete 

response to comments can be found in 

the docket for this rulemaking, EPA– 

HQ–OPA–2009–0880. 

Comments 

Comments that support an extension 

of the compliance date. The majority of 

comments supported the Agency’s 

proposal to extend the compliance dates 

in Sec. 112.3 for certain facilities. They 

agreed with the Agency that an 

extension of the compliance date was 

necessary to allow owners and operators 

sufficient time to amend and implement 

their SPCC Plans. Of those that 

supported an extension of the 

compliance dates, some comments 

agreed with extending the compliance 

dates as proposed. Other comments 

supported an extension, but did not 

agree with the length of the extension 

proposed by the Agency, arguing for 

additional time. These requests cited the 

extent of modifications necessary at 

facilities; the need to obtain the services 

of Professional Engineers (PE); the time 

for EPA and other stakeholders to 

conduct outreach; the need for EPA to 

complete further regulatory 

clarifications on the definition of oil; 

finalize clarification on jurisdictional 

issues between EPA and the Department 

of Transportation (DOT); and revise the 

SPCC Guidance for Regional Inspectors 

to help stakeholders better understand 

the regulatory requirements and the 

December 2008 and November 2009 

amendments. Some comments indicated 

that the alternative approach to consider 

a shorter compliance date extension, 

such as either six or nine months, 

would not be appropriate. 

Comment relating to eligibility of the 

compliance date. One comment raised 

concerns with a footnote in the 

preamble of the proposed rule that 

stated, ‘‘[t]o be eligible for the 

compliance extension, owners or 

operators of facilities in operation before 

August 16, 2002 must continue to 

maintain their existing SPCC Plans.’’ 

Comments pertaining to the 

exceptions to the compliance date 

extension. Several comments supported 

or took no position on the exception to 

the compliance date for drilling, 

production or workover facilities that 

are offshore or that have an offshore 

component, or onshore facilities 

required to have and submit FRPs. One 

comment, however, opposed the 

exception for onshore facilities required 

to have and submit FRPs, arguing that 

these facilities have always been 

included in compliance date extensions 

in the past, and that this time should be 

no exception. The comment further 

indicated that FRP-regulated facilities 

have EPA-approved FRPs that are in 

place to address the Agency’s concern 

that these facilities have the potential to 

cause substantial harm if a discharge 

were to occur. Finally, FRP facilities are 

large and complex operations that 

require additional time to come into 

compliance and therefore these facilities 

should be eligible for the one-year 

extension. 

Comments that support a delay of the 

compliance date for facilities with milk 

containers that meet specific 

requirements. Several comments 

expressed support for delaying the 

compliance date for facilities with milk 

containers, associated piping and 

appurtenances until one year after EPA 

finalizes a rule for these facilities. Two 

comments requested that EPA clarify 

that the extension and future exemption 

will apply to milk and milk products, 


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Federal Register / Vol. 75, No. 198 / Thursday, October 14, 2010 / Rules and Regulations 63099 

7EPA intends to issue revisions to the SPCC 

Guidance for Regional Inspectors that address 

changes made to the SPCC rule, consistent with the 

December 2006, December 2008, and November 

2009 regulatory amendments (71 FR 77266, 

December 26, 2006; 73 FR 74236, December 5, 2008; 

74 FR 58784, November 13, 2009). The guidance 

document is designed to provide more detail about 

the rule’s applicability, to clarify the role of the 

inspector in the review and evaluation of a facility 

owner or operator’s compliance with the 

performance-based SPCC requirements, and to 

provide a consistent national policy on several 

SPCC-related issues. EPA welcomes comments from 

the regulated community and the public on the 

guidance document at any time. Instructions for 

submitting comments are provided on the EPA 

Office of Emergency Management Web site at 

http://www.epa.gov/emergencies. 

8The dates for complying with amendments to 

the SPCC regulations have been amended a number 

of times: On January 9, 2003 (68 FR 1348), on April 

17, 2003 (68 FR 18890), on August 11, 2004 (69 FR 

48794), on February 17, 2006 (71 FR 8462), on May 

16, 2007 (72 FR 27444), and again on June 19, 2009 

(74 FR 29136). 

including but not limited to such 

products as cheese, cream, yogurt and 

ice cream mix. A number of comments 

indicated that the two different 

compliance deadlines for dairy facilities 

based on their start date are 

unnecessarily confusing and complex. 

The comments specifically cited 

confusion with how the compliance 

date applies based on when a facility 

begins operating and whether they must 

maintain and amend an SPCC Plan or 

prepare a new SPCC Plan. The 

organizations requested that EPA extend 

the compliance date to one year after 

finalization of the bulk milk storage 

exemption to all facilities, regardless of 

start date. Additionally, comments 

requested clarification on how the 

compliance date applies to facilities 

with both petroleum and bulk milk 

storage. Comments also requested that 

EPA take final action on the proposal to 

exempt milk storage containers, 

associated piping, and appurtenances 

from the SPCC rule. 

Response to Comments 

Response to comments that support 

an extension of the compliance date. 

EPA agrees with the comments that an 

extension of the compliance date for 

certain facilities is necessary because it 

provides the owner or operator of a 

facility the opportunity to fully 

understand the regulatory amendments 

offered by the revisions to the SPCC rule 

promulgated on December 5, 2008 (73 

FR 74236) and November 13, 2009 (74 

FR 58784). Furthermore, this extension 

will allow the regulated community 

time to understand all of the regulatory 

amendments offered by revisions to the 

SPCC rule promulgated since July 2002. 

Therefore, the Agency is promulgating a 

one-year extension of the compliance 

dates for certain facilities, but is 

excluding from the extension drilling, 

production and workover facilities that 

are offshore or that have an offshore 

component, or onshore facilities that are 

required to have and submit an FRP. 

EPA believes that a one-year extension 

of the compliance dates to November 

10, 2011 is appropriate for certain 

facilities for a number of reasons, 

particularly since the owners and 

operators of SPCC-regulated facilities 

have had at least a year to understand 

the final SPCC amendments. 

The SPCC compliance dates have 

been delayed since the promulgation of 

amendments in July 2002; during this 

time, new facilities (those that have 

become operational after the effective 

date of the July 2002 amendments) have 

not yet been required to prepare and 

implement an SPCC Plan. Therefore, 

EPA believes that any compliance date 

beyond the extension finalized in this 

action would be inappropriate and not 

environmentally protective. 

Facilities in operation prior to the 

effective date of the July 2002 

amendments are required to maintain 

their SPCC Plans and have had ample 

time to schedule and conduct facility 

modifications (as necessary) to comply 

with these amendments. Additionally, 

because the SPCC amendments 

published in December 2008 and 

November 2009 primarily streamlined 

the rule requirements, facilities should 

not require extensive modifications in 

order to comply with these regulatory 

amendments. 

Since promulgating the July 2002 

amendments to the SPCC rule, the 

Agency has and will continue to 

provide outreach and compliance 

assistance to SPCC regulated facilities so 

that a compliance extension for certain 

facilities to November 10, 2011 should 

be sufficient. The Agency does not 

believe ongoing outreach activities; 

updates to existing guidance 

documents; further regulatory 

clarifications; or development of new 

guidance or jurisdictional clarifications 

between EPA and other federal agencies 

are a basis for further extending the 

compliance date. EPA intends to 

continue to conduct outreach and 

provide guidance and clarification on 

the SPCC requirements (as appropriate), 

but does not believe that facilities 

should wait to amend or prepare and 

implement their SPCC Plans because 

these are ongoing activities. 

EPA also does not agree that the 

extension or additional time for 

compliance should be provided to 

revise the SPCC Guidance for Regional 

Inspectors. While EPA plans to revise 

the guidance document, most of the 

modifications to the SPCC regulation are 

already explained and discussed in the 

preamble to the final rules. Thus, there 

are very few necessary revisions to the 

guidance to address any new regulatory 

burden, as the past several actions on 

the SPCC rule were for the purposes of 

regulatory streamlining.7 EPA did not 

propose an extension to the compliance 

date with a rationale based on 

completion of the guidance for the 

reasons stated above. 

The Agency did not receive any 

comments supporting a shorter 

extension to the compliance date, and 

thus, has decided not to promulgate an 

amended compliance date for certain 

facilities to either of the alternative 

shorter time periods offered for 

comment (either May 10, 2011 or 

August 10, 2011). The Agency 

recognizes that the owner or operator of 

a regulated facility needs adequate time 

to comply with the SPCC rule following 

amendments to the regulation. EPA 

recognizes that any timeframe shorter 

than one year from the current 

compliance date may not allow 

sufficient time for those facilities for 

which EPA is granting a compliance 

date extension to fully understand and 

comply with all of the recently 

promulgated SPCC amendments or hire 

Professional Engineers. A one year 

timeframe also accommodates seasonal 

considerations for various industries. 

Therefore, the Agency is promulgating a 

one-year compliance date extension to 

allow certain facilities time to prepare, 

amend, and implement an SPCC Plan 

following recent amendments to the 

SPCC rule. 

Response to the comment relating to 

eligibility of the compliance date. EPA 

does not agree with the comment that 

suggests that footnote #3 in the 

proposed rule that clarifies how the 

compliance date extension applies to 

facilities in operation prior to August 

16, 2002 is incorrect. EPA established 

initial compliance dates in the July 2002 

final rule (67 FR 47042) and clarified in 

the preamble how the compliance dates 

apply to facilities in operation prior to 

the effective date of the rule (see 67 FR 

47082, July 17, 2002). The examples 

provided in the July 2002 preamble 

were consistent with and illustrated the 

accompanying regulatory text that 

established the initial compliance dates. 

The Agency has indicated in each 

Federal Register notice announcing the 

subsequent extension to the compliance 

dates 8 that facilities in operation prior 

to August 16, 2002 must maintain an 

SPCC Plan. If a facility has no SPCC 

Plan to maintain, then the date by 

which the facility has to amend the Plan 


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63100 Federal Register / Vol. 75, No. 198 / Thursday, October 14, 2010 / Rules and Regulations 

9The facility has an aboveground oil storage 

capacity greater than 1,320 U.S. gallons or the 

completely buried storage capacity is greater than 

42,000 U.S. gallons. 

to comply with the SPCC regulatory 

revisions promulgated since 2002 does 

not apply and the owner or operator is 

not eligible for the extension. The 

footnote discussed here is wholly 

consistent with the Agency’s preamble 

examples in the July 2002 final rule and 

the regulatory text extending 

compliance dates since 2002. 

Response to the comments pertaining 

to the exceptions to the compliance date 

extension. EPA does not agree that 

onshore facilities that are required to 

have and submit FRPs should be eligible 

for the one year extension. The Agency 

is concerned with the threat for 

immediate environmental impacts 

resulting from oil spills from these 

facilities because of their large oil 

storage capacities and their potential to 

cause substantial harm in the event of 

a discharge as identified under the FRP 

regulation (40 CFR 112.20). The 

comment correctly indicates that many 

of these facilities are implementing 

FRPs that are approved by the Agency; 

however, these plans serve to identify 

response capability in the event of a 

discharge to navigable waters or 

adjoining shorelines and do not 

specifically include requirements that 

serve to prevent these discharges. For 

example, implementation of a tank 

integrity testing program and brittle 

fracture evaluations are SPCC 

requirements and not FRP requirements. 

Many of the SPCC requirements 

promulgated since July 2002 serve to 

enhance prevention of oil spills and 

EPA does not believe it is 

environmentally protective to extend 

the date by which these requirements 

are addressed and implemented at FRPregulated facilities. 

The Agency recognizes that some 

facilities excluded from the extension of 

the compliance date (i.e., drilling, 

production or workover facilities that 

are offshore or that have an offshore 

component, or an onshore facility that is 

required to have and submit an FRP) 

may require additional time to amend or 

prepare their SPCC Plans as a result of 

either non-availability of qualified 

personnel, or delays in construction or 

equipment delivery beyond the control 

and without the fault of the owner or 

operator. If so, the owner or operator of 

the facility may submit a written request 

for additional time to amend or prepare 

an SPCC Plan to the Regional 

Administrator in accordance with 

§ 112.3(f). 

Response to comments that support a 

delay of the compliance date for 

facilities with milk containers that meet 

specific requirements. EPA agrees with 

comments that supported a delay of the 

compliance date by which facilities 

must address milk containers, 

associated piping and appurtenances 

that are constructed according to the 

current applicable 3–A Sanitary 

Standards, and subject to the current 

applicable Grade ‘‘A’’ PMO or a State 

dairy regulatory requirement equivalent 

to the current applicable PMO. The 

Agency is moving forward to take final 

action on the proposed rulemaking that 

addresses those milk containers as 

expeditiously as possible. Additionally, 

the Agency is considering whether to 

exempt milk product containers, piping 

and appurtenances that are subject to 

the same 3–A Sanitary Standards and 

Grade ‘‘A’’ PMO specified for milk 

containers, associated piping and 

appurtenances. Therefore, the Agency is 

clarifying that the delay applies to both 

milk and milk product containers, 

associated piping and appurtenances 

constructed according to the current 

applicable 3–A Sanitary Standards, and 

subject to the current applicable Grade 

‘‘A’’ PMO or a State dairy regulatory 

requirement equivalent to the current 

applicable PMO. The compliance date 

delay by which the owner or operator of 

a facility must address milk and milk 

product containers described above will 

provide time to complete this action. 

EPA agrees that a single date by 

which the owners or operators of 

facilities must address milk and milk 

product containers, associated piping 

and appurtenances that are constructed 

according to the current applicable 3–A 

Sanitary Standards, and subject to the 

current applicable Grade ‘‘A’’ PMO or a 

State dairy regulatory requirement 

equivalent to the current applicable 

PMO in the facility’s SPCC Plan, would 

offer clarity. A date will be established 

in a FR notice in the future and will be 

one year from the effective date of a 

final rule addressing the SPCC 

requirements specifically for these milk 

and milk product containers, associated 

piping and appurtenances, or as 

specified by a rule that otherwise 

establishes a compliance date for these 

facilities. During the delay, the owner or 

operator of the facility excludes milk 

and milk product containers, associated 

piping and appurtenances that are 

constructed according to the current 

applicable 3–A Sanitary Standards, and 

subject to the current applicable Grade 

‘‘A’’ PMO or a State dairy regulatory 

requirement equivalent to the current 

applicable PMO from the facility’s 

aggregate oil storage capacity 

calculations, and does not include these 

containers in the SPCC Plan. 

However, when there are other oil 

storage containers (such as petroleum 

containers) at a facility that has milk 

and milk product containers, associated 

piping and appurtenances as described 

above and the facility meets the 

aggregate oil storage capacity thresholds 

of § 112.1 9 (excluding the capacity of 

the milk and milk product containers) 

then the owner or operator of the facility 

must maintain and amend, or prepare 

an SPCC Plan to address these other oil 

containers at the facility in accordance 

with § 112.3(a)(1) by November 10, 

2011. 

6. Other Considerations 

If an owner or operator of an SPCCregulated facility requires additional 

time to comply with the SPCC rule, he 

may submit a written request to the 

Regional Administrator in accordance 

with § 112.3(f). Such requests may be 

granted if the Regional Administrator 

finds that the owner or operator cannot 

comply with all SPCC requirements by 

the compliance date as a result of either 

non-availability of qualified personnel, 

or delays in construction or equipment 

delivery beyond his control and without 

the fault of such owner or operator. 

It should be noted that these 

compliance date amendments would 

affect only the requirements of the July 

2002, December 2006, December 2008, 

and November 2009 SPCC rule 

amendments (67 FR 47042, July 17, 

2002; 71 FR 77266, December 26, 2006; 

73 FR 74236, December 5, 2008; and 74 

FR 29136, November 13, 2009) that are 

new (i.e., requirements that did not exist 

or were not in effect prior to the 2002 

amendments) or more stringent 

compliance obligations to those that 

were in effect in the 1973 SPCC rule. 

Provisions that provide regulatory relief 

to facilities are applicable as of the 

effective date of the amendment and 

would not require revisions to existing 

Plans ‘‘to ensure compliance’’ (see 

§ 112.3). However, the facility owner or 

operator must amend the SPCC Plan to 

include new or more stringent 

provisions by the compliance date. 

VI. Statutory and Executive Order 

Reviews 

A. Executive Order 12866: Regulatory 

Planning and Review 

Under the terms of Executive Order 

12866 (58 FR 51735, October 4, 1993), 

this action has been determined to be a 

‘‘significant regulatory action.’’ This rule 

was submitted to the Office of 

Management and Budget (OMB) for 

review. Any changes made in response 

to OMB’s recommendations have been 


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Federal Register / Vol. 75, No. 198 / Thursday, October 14, 2010 / Rules and Regulations 63101 

documented in the docket for this 

action. 

B. Paperwork Reduction Act 

This action does not impose an 

information collection burden under the 

provisions of the Paperwork Reduction 

Act, 44 U.S.C. 3501 et seq. This rule 

would merely extend the compliance 

date for certain facilities subject to the 

rule. The Office of Management and 

Budget (OMB) has previously approved 

the information collection requirements 

contained in the existing regulations at 

40 CFR part 112 under the provisions of 

the Paperwork Reduction Act, 44 U.S.C. 

3501 et seq. and has assigned OMB 

control number 2050–0021. The OMB 

control numbers for EPA’s regulations 

in 40 CFR are listed in 40 CFR part 9. 

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. 

For purposes of assessing the impacts 

of today’s rule on small entities, small 

entity is defined as: (1) A small business 

as defined by the Small Business 

Administration’s (SBA) regulations at 13 

CFR 121.201; (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, 

I certify that this action will 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 

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 extends the compliance date 

in § 112.3(a)(1) for most facilities by one 

year and delays the compliance date in 

§ 112.3(c) by which facilities must 

address milk and milk product 

containers, associated piping and 

appurtenances that meet certain 

conditions by one year from the 

effective date of a final rule addressing 

the SPCC requirements specifically for 

these containers, or as specified by a 

rule that otherwise establishes a 

compliance date for these facilities. The 

changes in the final November 2009 

amendments were very limited, and the 

December 2008 amendments offered 

compliance options that streamlined 

and tailored the regulatory 

requirements. By simply extending the 

compliance date for most facilities, 

today’s rule will defer the regulatory 

burden for all affected entities. 

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. The 

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 or 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 

rule simply extends the compliance date 

for most facilities subject to the rule. 

E. Executive Order 13132: Federalism 

This rule 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. Under CWA 

section 311(o), States may 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 regulation 

and recognizes that some States have 

more stringent requirements (56 FR 

54612, October 22, 1991). This rule does 

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 

This action does not have tribal 

implications, as specified in Executive 

Order 13175 (65 FR 67249, November 9, 

2000). The rule does not significantly or 

uniquely affect communities of Indian 

tribal governments. Thus, Executive 

Order 13175 does not apply to this 

action. 

G. Executive Order 13045: Protection of 

Children From Environmental Health 

and Safety Risk 

This action is not subject to Executive 

Order 13045 (62 FR 19885, April 23, 

1997) because it is not economically 

significant as defined in Executive 

Order 12866, and because the Agency 

does not 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 action 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. 

The overall effect of this action is to 

defer the regulatory burden on facility 

owners or operators subject to its 

provisions. 

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, 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 (e.g., 

materials specifications, test methods, 

sampling procedures, and business 

practices) that are developed or adopted 

by voluntary consensus standards 

bodies. NTTAA directs EPA to provide 

Congress, through OMB, explanations 

when the Agency decides not to use 

available and applicable voluntary 

consensus standards. 

This final rulemaking involves 

technical standards. EPA proposes to 

use the 3–A Sanitary Standards, 

‘‘Storage Tanks for Milk and Milk 

Products’’, 3A 01–08, November 2001, 

developed by 3–A Sanitary Standards, 

Inc. A copy of these standards may be 


emcdonald on DSK2BSOYB1PROD with RULES
63102 Federal Register / Vol. 75, No. 198 / Thursday, October 14, 2010 / Rules and Regulations 

obtained from the 3–A Sanitary 

Standards online store at http:// 

www.techstreet.com/3Agate.html; by 

contacting the organization at 6888 Elm 

Street, Suite 2D, McLean, Virginia 

22101; by phone at (703) 790–0295; or 

by facsimile at (703) 761–6284. EPA is 

finalizing a delay of the compliance date 

to the SPCC rule, by which the owner 

or operator of a facility that is subject to 

the SPCC requirements, must address 

milk and milk product storage 

containers and associated piping and 

appurtenances constructed in 

accordance with 3–A Sanitary 

Standards, and subject to the current 

applicable Grade ‘‘A’’ PMO or a State 

dairy regulatory requirement equivalent 

to the current applicable PMO. 

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 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. 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) and will be 

effective on October 14, 2010. 

List of Subjects in 40 CFR Part 112 

Environmental protection, Milk, Milk 

product, Oil pollution, Oil spill 

response, Penalties, Reporting and 

recordkeeping requirements. 

Dated: October 7, 2010. 

Lisa P. Jackson, 

Administrator. 

■ For the reasons set forth in the 

preamble, title 40, chapter I, of the Code 

of Federal Regulations is amended as 

follows: 

PART 112—OIL POLLUTION 

PREVENTION 

■ 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. 

■ 2. Section 112.3 is amended by 

revising paragraphs (a), (b), and (c) to 

read as follows: 

§ 112.3 Requirement to prepare and 

implement a Spill Prevention, Control, and 

Countermeasure Plan. 

* * * * * 

(a)(1) Except as otherwise provided in 

this section, if your facility, or mobile or 

portable 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, and implement the amended 

Plan no later than November 10, 2011. 

If such a facility becomes operational 

after August 16, 2002, through 

November 10, 2011, and could 

reasonably be expected to have a 

discharge as described in § 112.1(b), you 

must prepare and implement a Plan on 

or before November 10, 2011. If such a 

facility (excluding oil production 

facilities) becomes operational after 

November 10, 2011, 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. You are not 

required to prepare a new Plan each 

time you move a mobile or portable 

facility to a new site; the Plan may be 

general. 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 mobile or portable facility is 

in a fixed (non-transportation) operating 

mode. 

(2) If your drilling, production or 

workover facility, including a mobile or 

portable facility, is offshore or has an 

offshore component; or your onshore 

facility is required to have and submit 

a Facility Response Plan pursuant to 40 

CFR 112.20(a), and 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, and implement the amended 

Plan no later than November 10, 2010. 

If such a facility becomes operational 

after August 16, 2002, through 

November 10, 2010, and could 

reasonably be expected to have a 

discharge as described in § 112.1(b), you 

must prepare and implement a Plan on 

or before November 10, 2010. If such a 

facility (excluding oil production 

facilities) becomes operational after 

November 10, 2010, 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. You are not 

required to prepare a new Plan each 

time you move a mobile or portable 

facility to a new site; the Plan may be 

general. 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 mobile or portable facility is 

in a fixed (non-transportation) operating 

mode. 

(b) If your oil production facility as 

described in paragraph (a)(1) of this 

section becomes operational after 

November 10, 2011, or as described in 

paragraph (a)(2) of this section becomes 

operational after November 10, 2010, 

and could reasonably be expected to 

have a discharge as described in 

§ 112.1(b), you must prepare and 

implement a Plan within six months 

after you begin operations. 

(c) If your facility has milk and milk 

product containers, associated piping 

and appurtenances constructed 

according to current applicable 3–A 

Sanitary Standards, and subject to 

current applicable Grade ‘‘A’’ 

Pasteurized Milk Ordinance (PMO) or a 

State dairy regulatory requirement 

equivalent to current applicable PMO, 

do not include these milk and milk 

product containers when either 

determining the aggregate oil storage 

capacity of your facility or as part of 

your Plan. The date in paragraph (a)(1), 

by which you must comply with the 

provisions of this part for these milk 

and milk product containers, is delayed 

by one year from the effective date of a 

final rule addressing these milk and 

milk product containers, or until a rule 

that otherwise establishes a compliance 

date. You must maintain and amend, or 

prepare your Plan to address any other 

oil containers at the facility otherwise 

subject to the requirements of this part 

by the compliance date in paragraph 

(a)(1) of this section if your facility 


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Federal Register / Vol. 75, No. 198 / Thursday, October 14, 2010 / Rules and Regulations 63103 

meets any of the aggregate oil storage 

capacity thresholds of § 112.1 of this 

part. 

* * * * * 

[FR Doc. 2010–25899 Filed 10–13–10; 8:45 am] 

BILLING CODE 6560–50–P 

GENERAL SERVICES 

ADMINISTRATION 

41 CFR Parts 301–10, 301–11, 301–50, 

301–73, and Appendix D to Chapter 

301 

[FTR Amendment 2010–05; FTR Case 2010– 

306; Docket Number 2010–0018, Sequence 

1] 

RIN 3090–AJ08 

Federal Travel Regulation (FTR); 

Lodging and Transportation 

Amendment 

AGENCY: Office of Governmentwide 

Policy, General Services Administration 

(GSA). 

ACTION: Final rule. 

SUMMARY: The General Services 

Administration (GSA) is amending the 

Federal Travel Regulation (FTR) by 

revising and updating its policy on 

lodging and transportation. This final 

rule also updates an acronym and 

references to such in the FTR. 

DATES: Effective Date: This final rule is 

effective November 15, 2010. 

FOR FURTHER INFORMATION CONTACT: The 

Regulatory Secretariat (MVCB), Room 

4041, GS Building, Washington, DC, 

20405, (202) 501–4755, for information 

pertaining to status or publication 

schedules. For clarification of content, 

contact Ms. Cheryl D. McClain, Office of 

Governmentwide Policy (OGP), at (202) 

208–4334 or e-mail at 

cheryl.mcclain@gsa.gov. Please cite FTR 

Amendment 2010–05; FTR case 2010– 

306. 

SUPPLEMENTARY INFORMATION: 

A. Background 

GSA’s Office of Governmentwide 

Policy (OGP) is updating the Federal 

Travel Regulation (FTR) by removing 

section 301–50.8. Section 301–50.8 

contains language regarding limitations 

on travel arrangements for common 

carriers, commercial lodging, and car 

rental usage. Consequently, parts 301– 

10 and 301–11 will be revised to 

include the language pertaining to 

common carriers, commercial lodging 

and car rental accommodations. 

Specifically, OGP is revising section 

301–10.105 regarding the basic 

requirements for using common carrier 

transportation and revising section 301– 

10.450 to provide guidance to travelers 

regarding renting vehicles under the 

Defense Travel Management Office’s 

(DTMO) U.S. Government Car Rental 

Agreement. Also, section 301–11.11 is 

being revised to provide guidance to 

travelers who choose to obtain 

commercial lodging under a 

Government lodging agreement. 

This final rule also updates references 

in section 301–73.106 and Appendix D 

to Chapter 301 to change ‘‘Surface 

Deployment Distribution Command’’ 

(SDDC) to ‘‘Defense Travel Management 

Office’’ (DTMO). 

B. Executive Order 12866 

This is not a significant regulatory 

action, and therefore, was not subject to 

review under Section 6(b) of Executive 

Order 12866, Regulatory Planning and 

Review, dated September 30, 1993. This 

final rule is not a major rule under 5 

U.S.C. 804. 

C. Regulatory Flexibility Act 

This final rule will not have a 

significant economic impact on a 

substantial number of small entities 

within the meaning of the Regulatory 

Flexibility Act, 5 U.S.C. 601, et seq., 

because the revisions are not considered 

substantive. This final rule is also 

exempt from the Regulatory Flexibility 

Act per 5 U.S.C. 553(a)(2) because it 

applies to agency management or 

personnel. However, this final rule is 

being published to provide transparency 

in the promulgation of Federal policies. 

D. Paperwork Reduction Act 

The Paperwork Reduction Act does 

not apply because the final changes to 

the FTR do not impose recordkeeping or 

information collection requirements, or 

the collection of information from 

offerors, contractors, or members of the 

public that require the approval of the 

Office of Management and Budget under 

44 U.S.C. 3501, et seq. 

E. Small Business Regulatory 

Enforcement Fairness Act 

This final rule is also exempt from 

congressional review prescribed under 5 

U.S.C. 801 since it relates to agency 

management and personnel. 

List of Subjects in 41 CFR Parts 301–10, 

301–11, 301–50, 301–73, and Appendix 

D to Chapter 301 

Government employees, Lodging and 

transportation programs. 

Dated: August 25, 2010. 

Martha Johnson, 

Administrator of General Services. 

For the reasons set forth in the 

preamble, under 5 U.S.C. 5701–5709, 

GSA amends 41 CFR parts 301–10, 301– 

11, 301–50, 301–73, and Appendix D of 

Chapter 301 as set forth below: 

PART 301–10—TRANSPORTATION 

EXPENSES 

■ 1. The authority citation for 41 CFR 

part 301–10 continues to read as 

follows: 

Authority: 5 U.S.C. 5707, 40 U.S.C. 121(c), 

49 U.S.C. 40118, OMB Circular No. A–126, 

revised May 22, 1992. 

■ 2. Remove the undesignated center 

heading ‘‘Airline’’ that appears 

immediately before § 301–10.105. 

■ 3. Revise § 301–10.105 to read as 

follows: 

§ 301–10.105 What are the basic 

requirements for using common carrier 

transportation? 

The basic requirements for using 

common carrier transportation fall into 

three categories: 

(a) Using contract carriers, when 

available, and if your agency is a 

mandatory user of GSA’s city-pair 

contracts for air passenger 

transportation services, unless you have 

an approved exception (see §§ 301– 

10.106 through 301–10.108 of this 

subpart); 

(b) Using coach-class service, unless 

other than coach-class service is 

authorized under § 301–10.123 or § 301– 

10.162, and when travelling by ship, 

using lowest first-class 

accommodations, unless other than 

lowest first-class accommodations are 

authorized under § 301–10.183 of this 

subpart; and 

(c) You must always use U.S. Flag Air 

Carrier (or ship) service for air passenger 

transportation or when travelling by 

ship, unless your travel circumstances 

meet one of the exceptions in §§ 301– 

10.135 through 301–10.138 or § 301– 

10.183 of this subpart. 

■ 4. Amend § 301–10.450 by revising 

the section heading, designating the 

existing paragraph as paragraph (a), and 

adding paragraph (b) to read as follows: 

§ 301–10.450 When and from whom may I 

rent a vehicle for official travel when 

authorized? 

* * * * * 

(b) When authorized to use a rental 

vehicle, you should consider renting a 

vehicle from a vendor that participates 

in the Defense Travel Management 

Office (DTMO) U.S. Government Car 

Rental Agreement to avail yourself of 

the Agreement’s benefits, including the 

insurance and damage liability 

provisions, unless you are OCONUS and 

no agreement is in place for your TDY 


emcdonald on DSK2BSOYB1PROD with RULES