[Federal Register Volume 61, Number 12 (Thursday, January 18, 1996)]
[Rules and Regulations]
[Pages 1220-1223]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-522]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 282
[FRL-5304-3]
Underground Storage Tank Program: Approved State Program for
Oklahoma
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 part 282 the prior approval of
Oklahoma's underground storage tank program and incorporates by
reference appropriate provisions of state statutes and regulations.
DATES: This regulation is effective March 18, 1996, unless EPA
publishes a prior Federal Register notice withdrawing this immediate
final rule. All comments on the codification of Oklahoma's underground
storage tank program must be received by the close of business February
20, 1996. The incorporation by reference of certain publications listed
in the regulations is approved by the Director of the Federal Register,
as of March 18, 1996, in accordance with 5 U.S.C. 552(a).
ADDRESSES: Comments may be mailed to the Docket Clerk, Underground
Storage Tank Program, 6H-A, U.S. EPA Region 6, 1445 Ross Avenue,
Dallas, TX 75202-2733. Comments received by EPA may be inspected in the
public docket, located in the EPA Region 6 Library (12th floor) from 8
a.m. to 4:30 p.m., Monday through Friday, excluding federal holidays.
FOR FURTHER INFORMATION CONTACT: Gary Fisher, Underground Storage Tank
Program, 6H-A, U.S. EPA Region 6, 1445 Ross Avenue, Dallas, TX 75202-
2733. Phone: (214) 665-8048.
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 Oklahoma on August 12, 1992 (57 FR
41874). Approval was effective on October 14, 1992.
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 Oklahoma underground
storage tank program. This codification reflects the state program in
effect at the time EPA granted Oklahoma approval under section 9004(a),
42 U.S.C. 6991c(a) for its underground storage tank program. Notice and
opportunity for comment were provided earlier on the Agency's decision
to approve the Oklahoma program, and EPA is not now reopening that
decision nor requesting comment on it.
This effort provides clear notice to the public of the scope of the
approved program in each state. By codifying the approved Oklahoma
program and by amending the Code of Federal Regulations whenever a new
or different set of requirements is approved in Oklahoma, the status of
federally approved requirements of the Oklahoma program will be readily
discernible. Only those provisions of the Oklahoma 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 Oklahoma's underground storage tank
program, EPA has added Sec. 282.86 to title 40 of the CFR. Section
282.86 incorporates by reference for enforcement purposes the State's
statutes and regulations. Section 282.86 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, the Agency will rely on federal sanctions, federal
inspection authorities, and federal procedures rather than the state
authorized analogs to these provisions. Therefore, the approved
Oklahoma enforcement authorities will not be incorporated by reference.
Section 282.86 lists those approved Oklahoma authorities that would
fall into this category.
The public also needs to be aware that some provisions of the
State's underground storage tank program are not part of the federally
approved state program. 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 282.86 of the codification simply lists for reference
[[Page 1221]]
and clarity the Oklahoma 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 41874, August
12, 1992) to approve the Oklahoma 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: October 20, 1995.
A. Stanley Meiburg,
Acting 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. 282.86 to read as follows:
Subpart B--Approved State Programs
Sec. 282.86 Oklahoma State-Administered Program.
(a) The State of Oklahoma 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 Oklahoma Corporation Commission, was approved by
EPA pursuant to 42 U.S.C. 6991c and part 281 of this chapter. EPA
approved the Oklahoma program on August 12, 1992 and it was effective
on October 14, 1992.
(b) Oklahoma 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, Oklahoma 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 Oklahoma 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) Oklahoma has final approval for the following elements
submitted to EPA in Oklahoma's program application for final approval
and approved by EPA on August 12, 1991. Copies may be obtained from the
Underground Storage Tank Program, Oklahoma Corporation Commission, Jim
Thorpe Building, Room 238, Oklahoma City, OK 73105.
(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) Oklahoma Statutory Requirements Applicable to the Underground
Storage Tank Program, 1995.
(B) Oklahoma 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:
(1) Oklahoma Statutes, Chapter 14: Oklahoma Underground Storage Tank
Regulation Act
Sec. 306 Corporation Commission--Powers and Duties
Sec. 310 Inspections and Investigations--Violations--Notice--
Failure To Take Corrective Action--Notice and Hearing--Orders--
Service of Instruments--Notice to Real Property Owner and
Opportunity for Hearing
Sec. 312 Enforcement of Actions and Remedies--Action for Equitable
Relief--Jurisdiction--Relief
(B) The regulatory provisions include:
(1) Oklahoma Annotated Code, Chapter 25: Underground Storage Tanks,
Subchapter 9: Inspections, Testing, and Monitoring
Part 1: Inspections
Part 5: Penalties
Part 7: Field Citations
Part 9: Shutdown of Operations
(2) Oklahoma Annotated Code, Chapter 27: Petroleum Storage Tank Release
Indemnity Program, Subchapter 9: Administrative Provisions
Sec. 165:27-9-1 Hearing, Orders, and Appeals
Sec. 165:27-9-2 Changes to Rules
Sec. 165:27-9-3 Notices
Sec. 165:27-9-4 Severability
(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) Oklahoma Statutes, Chapter 14: Oklahoma Underground Storage Tank
Regulation Act
Sec. 308 Permits--Necessity--Application--Issuance--Fees--Denial,
Refusal to Issue, Suspension or Revocation--Financial Responsibility
Coverage (Insofar as (B) applies to individuals other than UST
system owners and operators.)
Sec. 318 Program for Certification of Underground Storage Tank
Professionals--Meeting Training and Other Requirements for Federal
Law and Regulations and State Statutes (Insofar as it applies to
individuals other than UST owners and operators.)
(B) Oklahoma Annotated Code, Chapter 25: Underground Storage Tanks
(1) Subchapter 1: General Provisions
Part 9: Notification and Reporting Requirements (Insofar as 165:25-
1-45 requires owners of exempt USTs to notify the Commission of the
existence of such systems.)
[[Page 1222]]
(2) Subchapter 3: Release Prevention, Detection, and Correction
Part 9: Installation of Underground Storage Tank Systems (Insofar as
165:25-3-48 applies to individuals other than UST owners and
operators.)
Part 19: Certification for UST Consultants (Insofar as it applies to
individuals other than UST owners and operators.)
(2) Statement of legal authority. (i) ``Attorney General's
Statement for Final Approval'', signed by the Attorney General of
Oklahoma on June 21, 1990, 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 Oklahoma to EPA, June 21,
1990, 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 on June 25, 1989, 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 on June 25,
1989, 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. The Memorandum of Agreement between
EPA Region 6 and the Oklahoma Corporation Commission, signed by the EPA
Regional Administrator on April 8, 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. Appendix A to part 282 is amended by adding in alphabetical
order ``Oklahoma'' and its listing.
Appendix A to Part 282--State Requirements Incorporated by
Reference in Part 282 of the Code of Federal Regulations
* * * * *
Oklahoma
(a) The statutory provisions include
1. Oklahoma Statutes, Chapter 14: Oklahoma Underground Storage Tank
Regulation Act
Sec. 301 Short Title
Sec. 303 Definitions
Sec. 304 Exemptions
Sec. 305 Corporation Commission Designated as State Agency to
Administer Certain Federal Programs
Sec. 307 Corporation Commission--Promulgation of Rules Governing
Underground Storage Tank Systems
Sec. 308 Permits--Necessity--Application--Issuance--Fees--Denial,
Refusal to Issue, Suspension or Revocation--Financial Responsibility
Coverage (Except (B), which applies to individuals other than UST
owners and operators.)
Sec. 308.1 Underground Storage Tank Systems for Petroleum
Products--Permit Fee--Penalty--Suspension or Nonrenewal of Permit
Sec. 309 Release from Underground Storage Tank System--Reports--
Corrective Action--Powers, Duties and Procedures of Corporation
Commission
Sec. 313 Records, Reports and Informations--Public Inspection--
Confidentiality--Disclosure to Federal or State Representatives
Sec. 315 Corporation Commission Underground Storage Tank Regulation
Revolving Fund
Sec. 316 Ordinance or Regulations in Conflict with Act Prohibited
Sec. 340 Storage Tank Advisory Council--Members--Quorum--
Authority--Rules--Expenses
2. Oklahoma Statutes, Chapter 15: Oklahoma Petroleum Storage Tank
Release Indemnity Program
Sec. 350 Short Title--Maintenance, Operation and Administration
Sec. 352 Definitions
Sec. 353 Petroleum Storage Tank Release Environmental Cleanup
Indemnity Fund
Sec. 354 Assessments on Motor Fuels, Diesel Fuel and Blending
Materials--Exemptions--Deposits in Funds
Sec. 356 Collection, Remittance and Reporting of Assessments
Sec. 356.1 Confidentiality of Records, Reports or Information--
Schedule of Reimbursable Fees
Sec. 357 Payment of Claim Subject to Indemnity Fund Acquiring
Subrogation Rights--Administrator to Protect Indemnity Fund in
Judicial and Administrative Proceedings--Notice of Lawsuit--
Enforcement of Third Party Claim
Sec. 358 Annual Reports
Sec. 359 Audit Relating to Petroleum Storage Tank Release
Environmental Cleanup Indemnity Fund
Sec. 360 Limitation on Expenditures for Administrative Costs--
Reports
Sec. 361 Appointment of Administrator--Hiring of Employees--
Temporary Workers and Contract Labor
Sec. 365 Oklahoma Leaking Underground Storage Tank Trust Fund--
Oklahoma Leaking Underground Storage Tank Revolving Fund--
Appropriation, Budgeting and Expenditure of Monies--Payments from
Funds--Costs of Actions--Emergencies--Reimbursement of Funds--
Administrative Penalties
(b) The regulatory provisions include
1. Oklahoma Annotated Code, Chapter 25: Underground Storage Tanks
a. Subchapter 1: General Provisions
Part 1: Purpose and Statutory Authority
Part 3: Definitions
Part 5: Scope of Rules
Part 7: National Industry Codes
Part 9: Notification and Reporting Requirements (Except 165:25-1-45,
insofar as it requires owners of exempt USTs to notify the
Commission of the existence of such systems.)
b. Subchapter 3: Release Prevention, Detection, and Correction
Part 1: Release Prohibition, Reporting and Investigation
Part 3: Recordkeeping
Part 5: Spill and Overfill Prevention Requirements
Part 7: Compatibility
Part 9: Installation of Underground Storage Tank Systems (Except
165:25-3-48, which applies to individuals other than UST owners and
operators.)
Part 11: Repairs to Underground Storage Tank Systems
Part 13: Removal and Closure of Underground Storage Tank Systems
Part 15: Corrective Action Requirements
Part 17: Requirements for Corrosion Protection Systems
c. Subchapter 5: Requirements for Existing Underground Storage Tank
Systems
d. Subchapter 7: Requirements for New Underground Storage Tank Systems
Part 1: Design, Construction, and Installation Requirements
Part 3: General Release Detection Methods and Service
Part 5: Release Detection Methods and Devices for Petroleum
Underground Storage Tank Systems
e. Subchapter 9: Inspections, Testing, and Monitoring
Part 3: Fees
f. Subchapter 11: Administrative Provisions
g. Subchapter 13: Financial Responsibility Requirements
Part 1: Applicability
Part 3: Definitions
Part 5: Amount and Scope of Coverage
Part 7: Financial Assurance
Part 9: Financial Test of Self-Insurance
Part 11: Guarantee
Part 13: Insurance and Risk Retention Group Coverage
Part 15: Surety Bond
Part 17: Letter of Credit
Part 19: State Fund or Other State Assurance
[[Page 1223]]
Part 21: Trust Fund
Part 23: Standby Trust Fund
Part 25: Substitution of Financial Assurance Mechanisms
Part 27: Cancellation or Nonrenewal
Part 29: Reporting
Part 31: Recordkeeping
Part 33: Drawing on Financial Assurance Mechanisms
Part 35: Release from Subchapter 11 Requirements
Part 37: Bankruptcy or Other Incapacity of Owner/Operator or
Provider of Financial Assurance
Part 39: Replenishment of Guarantees, Letters of Credit, or Surety
Bonds
h. Subchapter 15: Circle K Settlement Fund
Part 1: General Provisions
Part 3: Definitions
Part 5: Eligibility Requirements
Part 7: Reimbursement
i. Appendices
Appendix A: Letter From Chief Financial Officer
Appendix B: Guarantee
Appendix C: Endorsement
Appendix D: Certificate of Insurance
Appendix E: Performance Bond
Appendix F: Irrevocable Standby Letter of Credit
Appendix G: Trust Agreement
Appendix H: Certification of Financial Responsibility
Appendix I: Certification of Valid Claim
Appendix J: Soil and Groundwater Remediation Index
Appendix K: Soil Cleanup Levels
Appendix L: Mean Annual Precipitation
Appendix M: Hydrologically Sensitive Area
Appendix N: Field Citation Fines
2. Oklahoma Annotated Code, Chapter 27: Indemnity Fund
a. Subchapter 1: General Provisions
Sec. 165:27-1-1 Purpose
Sec. 165:27-1-2 Definitions
Sec. 165:27-1-3 Scope
Sec. 165:27-1-4 Authority
Sec. 165:27-1-5 Citation of Rules
Sec. 165:27-1-6 Prescribed Forms
b. Subchapter 3: Eligibility Requirements
Sec. 165:27-3-1 General Requirements
Sec. 165:27-3-2 Eligible Person
Sec. 165:27-3-3 Eligible Release
c. Subchapter 5: Qualifications for Reimbursement
Sec. 165:27-5-1 Qualifications for Reimbursement
Sec. 165:27-5-2 Application for Reimbursement
Sec. 165:27-5-3 Application for Supplemental Reimbursement
d. Subchapter 7: Reimbursement
Sec. 165:27-7-1 Reimbursable Expenses
Sec. 165:27-7-2 Total Reimbursement
Sec. 165:27-7-5 Methods for Reimbursement
Sec. 165:27-7-6 Conditions for Reimbursement
Sec. 165:27-7-7 Exclusions from Reimbursement
Sec. 165:27-7-8 Withholding Reimbursement
[FR Doc. 96-522 Filed 1-17-96; 8:45 am]
BILLING CODE 6560-50-P
