[Federal Register Volume 61, Number 34 (Tuesday, February 20, 1996)]
[Rules and Regulations]
[Pages 6319-6322]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-3284]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 282
[FRL-5345-3]
Underground Storage Tank Program: Approved State Program for
Rhode Island
AGENCY: Environmental Protection Agency (EPA).
ACTION: Immediate final rule.
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SUMMARY: The Resource Conservation and Recovery Act of 1976, as amended
(RCRA), authorizes the U.S. Environmental Protection Agency (EPA) to
grant approval to states to operate their underground storage tank
programs in lieu of the federal program. 40 CFR part 282 codifies EPA's
decision to approve state programs and incorporates by reference those
provisions of the state statutes and regulations that will be subject
to EPA's inspection and enforcement authorities under Sections 9005 and
9006 of RCRA Subtitle I and other applicable statutory and regulatory
provisions. This rule codifies in 40 CFR part 282 the prior approval of
Rhode Island's underground storage tank program and incorporates by
reference appropriate provisions of state statutes and regulations.
DATES: This regulation is effective April 22, 1996, unless EPA
publishes a prior Federal Register notice withdrawing this immediate
final rule. All comments on the codification of Rhode Island's
underground storage tank program must be received by the close of
business March 21, 1996. The incorporation by reference of certain
publications listed in the regulations is approved by the Director of
the Federal Register, as of April 22, 1996, in accordance with 5 U.S.C.
552(a).
ADDRESSES: Comments may be mailed to the Docket Clerk (Docket No. UST
5-2), Underground Storage Tank Program, HPU-CAN7, U.S. EPA Region I,
JFK Federal Building, Boston, MA 02203-
[[Page 6320]]
2211. Comments received by EPA may be inspected in the public docket,
located in the Waste Management Division Record Center, 90 Canal St.,
Boston, MA 02203 from 9 a.m. to 4 p.m., Monday through Friday,
excluding federal holidays.
FOR FURTHER INFORMATION CONTACT: Stuart F. Gray, Underground Storage
Tank Program, HPU-CAN7, U.S. EPA Region I, JFK Federal Building,
Boston, MA 02203-2211. Phone: (617) 573-9655.
SUPPLEMENTARY INFORMATION:
Background
Section 9004 of the Resource Conservation and Recovery Act of 1976,
as amended, (RCRA), 42 U.S.C. 6991c, allows the U.S. Environmental
Protection Agency to approve state underground storage tank programs to
operate in the state in lieu of the federal underground storage tank
program. EPA published a Federal Register document announcing its
decision to grant approval to Rhode Island. (57 FR 220, November 13,
1992). Approval was effective on February 10, 1993.
EPA codifies its approval of state programs in 40 CFR part 282 and
incorporates by reference therein the state statutes and regulations
that will be subject to EPA's inspection and enforcement authorities
under Sections 9005 and 9006 of Subtitle I of RCRA, 42 U.S.C. 6991d and
6991e, and other applicable statutory and regulatory provisions.
Today's rulemaking codifies EPA's approval of the Rhode Island
underground storage tank program. This codification reflects only the
state underground storage tank program in effect at the time EPA
granted Rhode Island approval under section 9004(a), 42 U.S.C.
6991c(a). EPA provided notice and opportunity for comment earlier
during the Agency's decision to approve the Rhode Island program. EPA
is not now reopening that decision nor requesting comment on it.
Codification provides clear notice to the public of the scope of
the approved program in each state. By codifying the approved Rhode
Island program and by amending the Code of Federal Regulations whenever
a new or different set of requirements is approved in Rhode Island, the
status of federally approved requirements of the Rhode Island program
will be readily discernible. Only those provisions of the Rhode Island
underground storage tank program for which approval has been granted by
EPA will be incorporated by reference for enforcement purposes.
To codify EPA's approval of Rhode Island's underground storage tank
program, EPA has added Section 282.89 to Title 40 of the CFR.
Sec. 282.89 incorporates by reference for enforcement purposes the
state's statutes and regulations. Section 282.89 also references the
Attorney General's Statement, Demonstration of Adequate Enforcement
Procedures, the Program Description, and the Memorandum of Agreement,
which are approved as part of the underground storage tank program
under Subtitle I of RCRA.
The Agency retains the authority under Sections 9005 and 9006 of
Subtitle I of RCRA, 42 U.S.C. 6991d and 6991e, and other applicable
statutory and regulatory provisions to undertake inspections and
enforcement actions in approved states. With respect to such an
enforcement action, EPA will rely on federal sanctions, federal
inspection authorities, and federal procedures rather than the state
authorized analogs to these provisions. Therefore, the approved Rhode
Island enforcement authorities will not be incorporated by reference.
Forty CFR Sec. 282.89 lists those approved Rhode Island authorities
that would fall into this category.
The public also needs to be aware that some provisions of Rhode
Island's underground storage tank program are not part of the federally
approved state program. These are:
Registration requirements for farm or residential tanks
less than or equal to 1,100 gallons containing motor fuels for non-
commercial use;
Registration requirements for tanks used for storing
heating oil for consumptive use on the premises; and
Permanent closure requirements for tanks containing
heating oil consumed on the premises where stored.
These non-approved provisions are not part of the RCRA Subtitle I
program, because they are ``broader in scope'' than Subtitle I of RCRA.
See 40 CFR 281.12(a)(3)(ii). As a result, state provisions which are
``broader in scope'' than the federal program are not incorporated by
reference for purposes of enforcement in part 282. Section 282.89 of
the codification simply lists for reference and clarity the Rhode
Island statutory and regulatory provisions which are ``broader in
scope'' than the federal program and which are not, therefore, part of
the approved program being codified today. ``Broader in scope''
provisions cannot be enforced by EPA. The State, however, will continue
to enforce such provisions.
Certification Under the Regulatory Flexibility Act
This rule codifies the decision already made (57 FR 220, Nov. 13,
1992) to approve the Rhode Island underground storage tank program and
thus has no separate effect. Therefore, this rule does not require a
regulatory flexibility analysis. Thus, pursuant to Section 605(b) of
the Regulatory Flexibility Act, 5 U.S.C. 605(b), I hereby certify that
this rule will not have a significant economic impact on a substantial
number of small entities.
Compliance With Executive Order 12866
The Office of Management and Budget has exempted this rule from the
requirements of Section 6 of Executive Order 12866.
Paperwork Reduction Act
Under the Paperwork Reduction Act, 44 U.S.C. 3501 et seq., Federal
agencies must consider the paperwork burden imposed by any information
request contained in a proposed or final rule. This rule will not
impose any information requirements upon the regulated community.
List of Subjects in 40 CFR Part 282
Environmental protection, Hazardous substances, Incorporation by
reference, Intergovernmental relations, State program approval,
Underground storage tanks, Water pollution control.
Dated: September 14, 1995.
John P. DeVillars,
Regional Administrator.
For the reasons set forth in the preamble, 40 CFR part 282 is
amended as follows:
PART 282--APPROVED UNDERGROUND STORAGE TANK PROGRAMS
1. The authority citation for part 282 continues to read as
follows:
Authority: 42 U.S.C. 6912, 6991c, 6991d, and 6991e.
2. Subpart B is amended by adding Sec. 282.89 to read as follows:
Subpart B--Approved State Programs
Sec. 282.89 Rhode Island State-Administered Program.
(a) The State of Rhode Island is approved to administer and enforce
an underground storage tank program in lieu of the federal program
under Subtitle I of the Resource Conservation and Recovery Act of 1976
(RCRA), as amended, 42 U.S.C. 6991 et seq. The State's program, as
administered by the Rhode Island Department of Environmental
Management, was approved by EPA pursuant to 42 U.S.C. 6991c and Part
281 of 40 CFR. EPA approved the Rhode Island program on
[[Page 6321]]
January 11, 1993, and the approval was effective on February 10, 1993.
(b) Rhode Island has primary responsibility for enforcing its
underground storage tank program. However, EPA retains the authority to
exercise its inspection and enforcement authorities under Sections 9005
and 9006 of Subtitle I of RCRA, 42 U.S.C. 6991d and 6991e, as well as
under other statutory and regulatory provisions.
(c) To retain program approval, Rhode Island must revise its
approved program to adopt new changes to the federal Subtitle I program
which make it more stringent, in accordance with Section 9004 of RCRA,
42 U.S.C. 6991c, and 40 CFR part 281, subpart E. If Rhode Island
obtains approval for the revised requirements pursuant to Section 9004
of RCRA, 42 U.S.C. 6991c, the newly approved statutory and regulatory
provisions will be added to this subpart and notice of any change will
be published in the Federal Register.
(d) Rhode Island has final approval for the following elements
submitted to EPA in Rhode Island's program application for final
approval and approved by EPA on January 11, 1995. Copies may be
obtained from the Underground Storage Tank Program, Rhode Island
Department of Environmental Management, 291 Promenade Street,
Providence, RI 02908. The elements are listed as follows:
(1) State statutes and regulations. (i) The provisions cited in
this paragraph are incorporated by reference as part of the underground
storage tank program under Subtitle I of RCRA, 42 U.S.C. 6991 et seq.
(A) Rhode Island Statutory Requirements Applicable to the
Underground Storage Tank Program, 1995.
(B) Rhode Island Regulatory Requirements Applicable to the
Underground Storage Tank Program, 1995.
(ii) The following statutes and regulations are part of the
approved state program, although not incorporated by reference herein
for enforcement purposes.
(A) The statutory provisions include: Titles 46, 42, 38, 37, and 23
of the General Laws of Rhode Island, 1956, as amended.
(B) The regulatory provisions include: The State of Rhode Island
Regulations for Underground Storage Facilities Used for Petroleum
Products and Hazardous Materials.
(iii) The following statutory and regulatory provisions are broader
in scope than the federal program, are not part of the approved
program, and are not incorporated by reference herein for enforcement
purposes.
(A) Titles 46, 42, 38, 37, and 23 of the General Laws of Rhode
Island, 1956, as amended, insofar as they refer to registration and
closure requirements for tanks containing heating oil consumed on the
premises where stored; and farm or residential tanks less than or equal
to 1,100 gallons containing motor fuels for non-consumptive use.
(B) Rhode Island Regulations for Underground Storage Facilities
Used for Petroleum Products and Hazardous Materials, Section 8,
Facility Registration and Notification, and Section 15, Closure;
insofar as they refer to tanks less than or equal to 1,100 gallons
containing motor fuels for non-commercial use and for tanks containing
heating oil consumed on the premises where stored.
(2) Statement of legal authority. (i) ``Attorney General's
Statement for Final Approval and appendixes'' signed by the Attorney
General of Rhode Island on July 1, 1992, though not incorporated by
reference, is referenced as part of the approved underground storage
tank program under Subtitle I of RCRA, 42 U.S.C. 6991 et seq.
(ii) Letter from the Attorney General of Rhode Island to EPA July
1, 1992, though not incorporated by reference, is referenced as part of
the approved underground storage tank program under Subtitle I of RCRA,
42 U.S.C. 6991 et seq.
(3) Demonstration of procedures for adequate enforcement. The
``Demonstration of Procedures for Adequate Enforcement'' submitted as
part of the original application in July 1992, though not incorporated
by reference, is referenced as part of the approved underground storage
tank program under Subtitle I of RCRA, 42 U.S.C. 6991 et seq.
(4) Program Description. The program description and any other
material submitted as part of the original application in July 1992,
though not incorporated by reference, are referenced as part of the
approved underground storage tank program under Subtitle I of RCRA, 42
U.S.C. 6991 et seq.
(5) Memorandum of Agreement. On October 19, 1992, EPA and the Rhode
Island Department of Environmental Management signed the Memorandum of
Agreement. Though not incorporated by reference, the Memorandum of
Agreement is referenced as part of the approved underground storage
tank program under Subtitle I of RCRA, 42 U.S.C. 6991 et seq.
3. Appendix A to part 282 is amended by adding in alphabetical
order ``Rhode Island'' and its listing.
Appendix A to Part 282--State Requirements Incorporated by Reference in
Part 282 of the Code of Federal Regulations
* * * * *
Rhode Island
(a) The statutory provisions include Rhode Island Statute Title 46
of the General Laws of Rhode Island, 1956, as amended:
Chapter 12 Water Pollution
Chapter 12.1 Underground Storage Tanks
Chapter 12.3 The Environmental Injury Compensation Act
Chapter 12.5 Oil Pollution Control
Chapter 13.1 Groundwater Protection
Chapter 14 Contamination of Drinking Water
(b) The statutory provisions include Title 42 of the General Laws
of Rhode Island, 1956, as amended.
Chapter 35 Administrative Procedures
(c) The statutory provisions include Title 38 of the General Laws
of Rhode Island, 1956, as amended.
Chapter 2 Access to Public Records
(d) The statutory provisions include Title 37 of the General Laws
of Rhode Island, 1956, as amended.
Chapter 18 Narragansett Indian and Management Corp.
(e) The statutory provisions include Title 23 of the General Laws
of Rhode Island, 1956, as amended.
Chapter 19.1 Hazardous Waste Management
(f) The regulatory provisions include State of Rhode Island, Agency
of Natural Resources, Underground Storage Tank Regulations, February 1,
1991:
Section 1.00 Purpose
Section 2.00 Authority
Section 3.00 Superseded Rules and Regulations
Section 4.00 Severability
Section 5.00 Applicability
Section 6.00 Administrative Findings
Section 7.00 Definitions
Section 8.00 Facility Registration and Notification
Section 9.00 Financial Responsibility
Section 10.00 Minimum Existing Facility Requirements
Section 11.00 New Facility and Replacement Tank Requirements
Section 12.00 Facility Modification
Section 13.00 Maintaining Records
Section 14.00 Leak and Spill Response
Section 15.00 Closure
Section 16.00 Leak Detection Methods and Precision Tester Licensing
Requirements
[[Page 6322]]
Section 17.00 Signatories to Registration and Closure Applications
Section 18.00 Transfer of Certificates of Registration or Closure
Section 19.00 USTs/Holding Tanks Serving Floor Drains
Section 20.00 Variances
Section 21.00 Appeals
Section 22.00 Penalties
Appendix A
Appendix B
Appendix C
[FR Doc. 96-3284 Filed 2-16-96; 8:45 am]
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