[Federal Register Volume 61, Number 40 (Wednesday, February 28, 1996)]
[Rules and Regulations]
[Pages 7419-7421]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-4386]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 110
[FRL-5430-6]
Oil Discharge Program; Editorial Revision of Rules
AGENCY: Environmental Protection Agency.
ACTION: Final rule.
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SUMMARY: The Environmental Protection Agency (EPA or the Agency) is
removing text from the Code of Federal Regulations (CFR), specifically
40 CFR part 110, which is unnecessary because it simply repeats
language already set out in section 311 of the Federal Water Pollution
Control Act (the Clean Water Act or the Act). EPA is also making other
editorial revisions in 40 CFR part 110. Neither the removal of text nor
the editorial revisions effect any substantive changes to the revised
rules.
EFFECTIVE DATE: February 28, 1996.
FOR FURTHER INFORMATION CONTACT: Hugo Paul Fleischman, Office of
Emergency and Remedial Response, U.S. Environmental Protection Agency,
401 M St., SW, Washington, DC 20460, mail code 5203G, phone (703) 603-
8769; or the RCRA/Superfund Hotline, phone (800) 424-9346 or (703) 603-
9232 in the Washington, DC, metropolitan area.
SUPPLEMENTARY INFORMATION:
I. Introduction
On March 4, 1995, The President directed all Federal agencies and
departments to conduct a comprehensive review of the regulations they
administer, and by June 1, 1995, to identify those rules that are
obsolete or unduly burdensome. EPA has
[[Page 7420]]
conducted that review and, on June 29, 1995, published a final rule
eliminating legally obsolete rules. See 60 FR 33912. Now EPA is taking
another step in the ongoing review of its rules. EPA has reviewed 40
CFR part 110, and is removing text which unnecessarily repeats section
311 of the Act. EPA is also revising regulatory text: to make it more
concise, to conform more closely to statutory language, or to eliminate
text which is legally obsolete. All of these changes are editorial.
None effect any changes to the substance of the revised rules. EPA is
also redesignating affected sections as necessary.
II. Provisions Which Largely Track the Clean Water Act
EPA is removing the following provisions, or parts thereof, which
either track the language of the Act precisely, or closely paraphrase
it. These changes either make the regulatory text more concise or
remove legally obsolete language.
40 CFR 110.1 Definitions
EPA is revising the introductory text to Sec. 110.1 to provide that
words not defined therein have the same meaning as in section 311(a) of
the Act. Therefore, EPA is removing the following definitions in
Sec. 110.1 which track language in section 311 of the Act. The
definitions are: ``contiguous zone;'' ``Deepwater port;''
``discharge;'' ``oil;'' ``offshore facility;'' ``onshore facility;''
``person;'' ``public vessel;'' and, ``vessel.'' ``Deepwater port'' is a
term no longer appearing in part 110, therefore the definition is no
longer necessary. See 60 FR 33912.``Oil,'' as defined in relation to
section 18 of the Deepwater Port Act of 1974, is also being removed.
Section 18 was repealed by section 2003(a) of the Oil Pollution Act of
1990, Public Law 202-380, August 18, 1990. Therefore, that part of the
definition is legally obsolete.
40 CFR 110.2 Applicability
EPA is removing the second and third sentences of the paragraph
comprising this section. The second sentence of the paragraph describes
the scope of discharge prohibited by section 311(b)(3) of the Act, and
closely tracks the language of that section. Removal of this sentence
will have no effect on the scope of prohibited discharges. The rule and
section 311(b)(3) of the Act will continue to prohibit illegal
discharges. EPA is also removing the third sentence of the paragraph
because it merely references a removed section, i.e., Sec. 110.11. That
section was removed from the CFR on June 29, 1995 (60 FR 33912) because
it was legally obsolete.
40 CFR 110.9 [sic] Discharge Prohibited
EPA is removing this section because it merely paraphrases the
statutory language of section 311(b)(3) of the Act. This section should
have been designated Sec. 110.6, but due to error was designated as
Sec. 110.9.
III. Editorial Changes
EPA is revising the text in the sections described below in order
to make them more concise, and to consolidate similar text now in
multiple sections into one section where possible. In one case, EPA is
revising regulatory text to conform more closely to statutory language.
The revisions to or redesignation of affected sections is explained
below.
40 CFR 110.3 Discharge Into Navigable Waters of Such Quantities as May
Be Harmful
Revised Sec. 110.3 consolidates regulations from old Secs. 110.3,
110.4, and 110.5. The section heading is being revised to read
``Discharge of oil in such quantities as `may be harmful' pursuant to
section 311(b)(4) of the Act,'' in order to reflect the consolidation
of the regulations under that section. The new name of the section
describes its enlarged scope. Revised Sec. 110.3 now includes
discharges of oil: into navigable waters formerly included within the
scope of old Sec. 110.3, into the contiguous zone formerly included
within the scope of old Sec. 110.4, and beyond the contiguous zone
formerly included within the scope of old Sec. 110.5. EPA is removing
old Secs. 110.4 and 110.5 because the text of revised Sec. 110.3 now
includes all discharges of oil, whether in navigable waters, the
contiguous zone, or beyond the contiguous zone. EPA is also revising
the text of Sec. 110.3 to make clear that discharges affecting the
environment, as provided in section 311(b)(4) of the Act, are included
within the scope of prohibited discharges.
40 CFR 110.4 Discharge Into Contiguous Zone of Such Quantities as May
be Harmful
EPA is removing this section because its provisions have been
incorporated into revised Sec. 110.3.
40 CFR 110.5 Discharge Beyond Contiguous Zone of Such Quantities as
May be Harmful
EPA is removing this section because its provisions have been
incorporated into revised Sec. 110.3. In its place, EPA is revising and
renaming Sec. 110.5. The renamed section describes those discharges
which have been determined not to be harmful, combining the text from
old Secs. 110.7 and 110.9.
40 CFR 110.7 Exception for Vessel Engines
EPA is removing this section because the exception is now included
within revised Sec. 110.5.
40 CFR 110.8 Dispersants
This section is being redesignated as Sec. 110.4.
40 CFR 110.9 Demonstration Projects
EPA is removing this section because discharges permitted in
connection with research, demonstration projects, or studies relating
to the prevention, control, or abatement of oil pollution are now
included in revised Sec. 110.5.
40 CFR 110.10 Notice
EPA is redesignating this section as Sec. 110.6. EPA is also
removing the reference to Sec. 110.6 in the first sentence of the
section, and substituting Sec. 311 (b) (3) of the Act in its place.
This change is necessary because former Sec. 110.6, ``Discharges
prohibited,'' is being removed. The revision is strictly editorial and
does not change the scope of prohibited discharges.
IV. Differentiation Between Classes of Oils
Pursuant to Public Law 104-55 (109 Stat. 546), enacted November 20,
1995, most Federal agencies (including EPA) must, in the issuance or
enforcement of any regulation or the establishment of any
interpretation or guideline relating to the transportation, storage,
discharge, release, emission, or disposal of a fat, oil, or grease,
differentiate between and establish separate classes for animal fats
and oils and greases, fish and marine mammal oils, and oils of
vegetable origin (as opposed to petroleum and other oils and greases).
EPA has considered whether differentiation between and establishment of
separate classes of oils is appropriate for this rule, and concluded
that it is not. This conclusion is based on the fact that the instant
revisions are merely editorial and do not change any substantive
aspects of the oil discharge program, thereby vitiating any need for
differentiation.
V. Good Cause Exemption From Notice and Comment Rulemaking
Procedures
The Administrative Procedure Act generally requires agencies to
provide prior notice and opportunity for public comment before issuing
a final rule. 5 U.S.C. 553(b). Rules are exempt from this requirement
if the issuing agency finds for good cause that notice and
[[Page 7421]]
comment are unnecessary. 5 U.S.C. 553(b)(3)(B).
EPA has determined that providing prior notice and opportunity for
comment on the removal and revision of these Regulatory provisions from
the CFR is unnecessary. The removals and revisions contained in this
final rule are merely editorial and do not affect any substantive
aspects of the oil discharge program.
For the same reasons, EPA believes there is good cause for making
the removal and revision of these regulatory provisions from the CFR
effective immediately. See 5 U.S.C. 553(d).
VI. Analyses Under E.O. 12866, the Unfunded Mandates Reform Act of
1995, the Regulatory Flexibility Act and the Paperwork Reduction
Act
Because the revision or removal of these rules from the CFR is
merely editorial and thus has no regulatory impact, this action is not
a ``significant'' regulatory action within the meaning of E.O. 12866,
and does not impose any Federal mandate on State, local, or tribal
governments or the private sector within the meaning of the Unfunded
Mandates Reform Act of 1995. For the same reasons, pursuant to the
Regulatory Flexibility Act, I certify that this action would not have a
significant economic impact on a substantial number of small entities.
Finally, because these revisions and removals are merely editorial,
they do not affect requirements under the Paperwork Reduction Act.
List of Subjects in 40 CFR Part 110
Environmental protection, Deepwater ports, Oil pollution.
Dated: February 15, 1996.
Elliott P. Laws,
Assistant Administrator, Office of Solid Waste and Emergency Response.
For the reasons set out in the preamble, title 40, chapter I of the
Code of Federal Regulations is amended as follows:
PART 110--[AMENDED]
1. The authority citation for part 110 continues to read as
follows:
Authority: 33 U.S.C. 1321(b)(3) and (b)(4) and 1361(a); E.O.
11735, 38 FR 21243, 3 CFR Parts 1971-1975 Comp., p. 793.
2. In section 110.1 the introductory text is revised and the
definitions of ``contiguous zone,'' ``Deepwater port,'' ``discharge,''
``offshore facility,'' ``oil,'' ``onshore facility,'' ``person,''
``public vessel,'' and ``vessel'' are removed; to read as follows:
Sec. 110.1 Definitions.
Terms not defined in this section have the same meaning given by
the Section 311 of the Act. As used in this part, the following terms
shall have the meaning indicated below:
* * * * *
3. Section 110.2 is revised to read as follows:
Sec. 110.2 Applicability.
The regulations of this part apply to the discharge of oil
prohibited by section 311(b)(3) of the Act.
4. Section 110.3 is revised to read as follows:
Sec. 110.3 Discharge of oil in such quantities as ``may be harmful''
pursuant to section 311(b)(4) of the Act.
For purposes of section 311(b)(4) of the Act, discharges of oil in
such quantities that the Administrator has determined may be harmful to
the public health or welfare or the environment of the United States
include discharges of oil that:
(a) Violate applicable water quality standards; or
(b) Cause a film or sheen upon or discoloration of the surface of
the water or adjoining shorelines or cause a sludge or emulsion to be
deposited beneath the surface of the water or upon adjoining
shorelines.
Sec. 110.4 [Removed and Reserved]
5. Section 110.4 is removed and reserved.
6. Section 110.5 is revised to read as follows:
Sec. 110.5 Discharges of oil not determined ``as may be harmful''
pursuant to Section 311(b)(3) of the Act.
Notwithstanding any other provisions of this part, the
Administrator has not determined the following discharges of oil ``as
may be harmful'' for purposes of section 311(b) of the Act:
(a) Discharges of oil from a properly functioning vessel engine
(including an engine on a public vessel) and any discharges of such oil
accumulated in the bilges of a vessel discharged in compliance with
MARPOL 73/78, Annex I, as provided in 33 CFR part 151, subpart A;
(b) Other discharges of oil permitted under MARPOL 73/78, Annex I,
as provided in 33 CFR part 151, subpart A; and
(c) Any discharge of oil explicitly permitted by the Administrator
in connection with research, demonstration projects, or studies
relating to the prevention, control, or abatement of oil pollution.
Sec. 110.9 [Removed]
7. Section 110.9 ``Discharge prohibited'', appearing between
Sec. 110.5 and 110.7, is removed.
Sec. 110.7 [Removed]
8. Section 110.7 is removed.
Sec. 110.8 [Redesignated as Sec. 110.4]
9. Section 110.8 is redesignated as Sec. 110.4.
Sec. 110.9 [Removed]
10. Section 110.9 is removed.
Sec. 110.10 [Redesignated as Sec. 110.6]
11. Section 110.10 is redesignated as Sec. 110.6, and the newly
designated Sec. 110.6 is further amended by revising the first sentence
to read as follows:
Sec. 110.6 Notice.
Any person in charge of a vessel or of an onshore or offshore
facility shall, as soon as he or she has knowledge of any discharge of
oil from such vessel or facility in violation of section 311(b)(3) of
the Act, immediately notify the National Response Center (NRC) (800-
424-8802; in the Washington, DC metropolitan area, 202-462-2675). * * *
[FR Doc. 96-4386 Filed 2-27-96; 8:45 am]
BILLING CODE 6560-50-P
