[Federal Register Volume 76, Number 201 (Tuesday, October 18, 2011)]
[Proposed Rules]
[Pages 64296-64297]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2011-27045]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 112

[EPA-HQ-OPA-2011-0838; FRL-9481-3]
RIN 2050-AG59


Oil Pollution Prevention; Spill Prevention, Control, and 
Countermeasure (SPCC) Rule--Compliance Date Amendment for Farms

AGENCY: Environmental Protection Agency (EPA).

ACTION: Proposed rule.

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SUMMARY: EPA is proposing to amend the date by which farms must prepare 
or amend, and implement their Spill Prevention, Control, and 
Countermeasure Plans, to May 10, 2013. In the ``Rules and Regulations'' 
section of this Federal Register, EPA is amending the date by which 
farms must prepare or amend, and implement their Spill Prevention, 
Control, and Countermeasure Plans to May 10, 2013, as a direct final 
rule without a prior proposed rule. If we receive no adverse comment, 
we will not take further action on this proposed rule.

DATES: Written comments must be received by November 2, 2011.

ADDRESSES: Submit your comments, identified by Docket ID No. EPA-HQ-
OPA-2011-0838, by mail to EPA Docket Center (EPA/DC), Environmental 
Protection Agency, Mailcode: 2822T, 1200 Pennsylvania Ave., NW., 
Washington, DC 20460. Comments may also be submitted electronically or 
through hand delivery/courier by following the detailed instructions in 
the ADDRESSES section of the direct final rule located in the rules 
section of this Federal Register.

FOR FURTHER INFORMATION CONTACT: For general information, 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 Lynn Beasley at (202) 564-1965 (beasley.lynn@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: 

[[Page 64297]]

I. Why is EPA issuing this proposed rule?

    This document proposes to take action on the date by which farms as 
defined in 40 CFR part 112 must prepare or amend, and implement their 
Spill Prevention, Control, and Countermeasure (SPCC) Plans. We have 
published a direct final rule to amend that date to May 10, 2013 in the 
``Rules and Regulations'' section of this Federal Register because we 
view this as a noncontroversial action and anticipate no adverse 
comment. We have explained our reasons for this action in the preamble 
to the direct final rule.
    If we receive no adverse comment, we will not take further action 
on this proposed rule. If we receive adverse comment, we will withdraw 
the direct final rule and it will not take effect. We would address all 
public comments in any subsequent final rule based on this proposed 
rule.
    We do not intend to institute a second comment period on this 
action. Any parties interested in commenting must do so at this time. 
For further information, please see the information provided in the 
ADDRESSES section of this document.

II. Does this action apply to me?

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                    Industry sector                         NAICS code
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Farms..................................................        111, 112
Government.............................................              92
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    This table is not intended to be exhaustive, but rather provides a 
guide for readers regarding entities likely to be regulated by this 
action. This table lists the types of entities that EPA is now aware 
could potentially be regulated by this action. Other types of entities 
not listed in the table could also be regulated. If you have questions 
regarding the applicability of this action to a particular entity, 
consult the person listed in the preceding FOR FURTHER INFORMATION 
CONTACT section.

III. What does this amendment do?

    This proposed rule amends the date by which farms as defined in 40 
CFR part 112 must prepare or amend, and implement their Spill 
Prevention, Control, and Countermeasure (SPCC) Plans to May 10, 2013.
    On June 19, 2009 (74 FR 29136), EPA issued a final rule in the 
Federal Register that amended the dates by which facilities must 
prepare or amend their SPCC Plans, and implement those Plans to 
November 10, 2010. Then on October 14, 2010 (75 FR 63093), EPA issued a 
final rule in the Federal Register with a new compliance date of 
November 10, 2011, by which certain facilities must prepare or amend 
and implement their SPCC Plans, providing an additional year for the 
remaining facilities. This action further extends the compliance date 
to May 10, 2013 for farms as defined in 40 CFR 112.2. EPA is not 
extending the compliance date for any other facilities. The Agency 
recognizes that some facilities excluded from the extension of the 
compliance date may still 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 a SPCC Plan to the Regional 
Administrator in accordance with Sec.  112.3(f).

IV. Statutory and Executive Order Reviews

    For a complete discussion of all of the administrative requirements 
applicable to this action, see the direct final rule in the Rules and 
Regulations section of this Federal Register.

List of Subjects in 40 CFR Part 112

    Oil pollution prevention, Farms, Compliance date, Reporting and 
recordkeeping requirements.

    Dated: October 13, 2011.
Lisa P. Jackson,
Administrator.
[FR Doc. 2011-27045 Filed 10-17-11; 8:45 am]
BILLING CODE 6560-50-P