[Federal Register Volume 61, Number 12 (Thursday, January 18, 1996)]
[Rules and Regulations]
[Pages 1211-1213]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-524]
========================================================================
Rules and Regulations
Federal Register
________________________________________________________________________
This section of the FEDERAL REGISTER contains regulatory documents
having general applicability and legal effect, most of which are keyed
to and codified in the Code of Federal Regulations, which is published
under 50 titles pursuant to 44 U.S.C. 1510.
The Code of Federal Regulations is sold by the Superintendent of Documents.
Prices of new books are listed in the first FEDERAL REGISTER issue of each
week.
========================================================================
Federal Register / Vol. 61, No. 12 / Thursday, January 18, 1996 /
Rules and Regulations
[[Page 1211]]
ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 282
[FRL-5304-5]
Underground Storage Tank Program: Approved State Program for
Louisiana
AGENCY: Environmental Protection Agency (EPA).
ACTION: Immediate final rule.
-----------------------------------------------------------------------
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
Louisiana'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 Louisiana'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 Louisiana on July 24, 1992 (57 FR 34519).
Approval was effective on September 4, 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 Louisiana underground
storage tank program. This codification reflects the State program in
effect at the time EPA granted Louisiana 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 Louisiana 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 Louisiana
program and by amending the Code of Federal Regulations whenever a new
or different set of requirements is approved in Louisiana, the status
of federally approved requirements of the Louisiana program will be
readily discernible. Only those provisions of the Louisiana 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 Louisiana's underground storage tank
program, EPA has added Sec. 282.68 to title 40 of the CFR. Section
282.68 incorporates by reference for enforcement purposes the State's
statutes and regulations. Section 282.68 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
Louisiana enforcement authorities will not be incorporated by
reference. Section 282.68 lists those approved Louisiana 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 282.68 of the codification simply lists for reference and
clarity the Louisiana 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.
[[Page 1212]]
Certification Under the Regulatory Flexibility Act
This rule codifies the decision already made (57 FR 34519, July 24,
1992) to approve the Louisiana 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.
Subpart B--Approved State Programs
2. Subpart B is amended by adding Sec. 282.68 to read as follows:
Sec. 282.68 Louisiana State-Administered Program.
(a) The State of Louisiana 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 Louisiana Department of Environmental Quality, was
approved by EPA pursuant to 42 U.S.C. 6991c and part 281 of this
Chapter. EPA approved the Louisiana program on July 24, 1992 and it was
effective on September 4, 1992.
(b) Louisiana 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, Louisiana 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 Louisiana 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) Louisiana has final approval for the following elements
submitted to EPA in Louisiana's program application for final approval
and approved by EPA on July 24, 1992. Copies may be obtained from the
Underground Storage Tank Program, Louisiana Department of Environmental
Quality, 7290 Bluebonnet Road, Baton Rouge, LA 70810-1612.
(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) Louisiana Statutory Requirements Applicable to the Underground
Storage Tank Program, 1995.
(B) Louisiana 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) Louisiana Revised Statutes, Title 30
Sec. 2012 Enforcement Inspections
Sec. 2025 Enforcement
Sec. 2026 Citizen Suits
Sec. 2077 Remediation of Pollution
Sec. 2172 Policy and Purpose
Sec. 2275 Demand by Secretary; Remedial Action
(B) The regulatory provisions include:
(1) Louisiana Environmental Regulatory Code, Part XI: Underground
Storage Tanks, Chapter 15--Enforcement:
Sec. 1501 Inspection and Entry
Sec. 1503 Failure to Comply
Sec. 1505 Investigations: Purposes, Notice
(iii) The following 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) Louisiana Environmental Regulatory Code, Part XI: Underground
Storage Tanks
(1) Chapter 13--Certification Requirements for Persons Who Install,
Repair, or Close Underground Storage Tank Systems [Insofar as it
applies to individuals other than UST owners and operators.]
Sec. 1301 Applicability
Sec. 1303 Definitions
Sec. 1305 Categories of Certification and Requirements for
Issuance and Renewal of Certificates
Sec. 1307 Certification Examinations
Sec. 1309 Approval of Continuing Training Courses
Sec. 1311 Denial of Issuance or Renewal of a Certificate or
Revocation of a Certificate
Sec. 1313 UST Certification Board
(2) Statement of legal authority. (i) ``Attorney General's
Statement for Final Approval'', signed by the Attorney General of
Louisiana on September 12, 1991, 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 Louisiana to EPA,
September 12, 1991, 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 October 15, 1991, 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 October 15,
1991, though not incorporated by reference, are referenced as part of
the approved underground storage tank program
[[Page 1213]]
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 Louisiana Department of Environmental Quality,
signed by the EPA Regional Administrator on May 14, 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 ``Louisiana'' and its listing.
Appendix A to Part 282--State Requirements Incorporated by
Reference in Part 282 of the Code of Federal Regulations
* * * * *
Louisiana
(a) The statutory provisions include:
1. Louisiana Environmental Quality Act, Louisiana Revised Statutes
Title 30
Sec. 2194 Underground Storage Tanks; Registration
Sec. 2195 Underground Storage Tank Trust Fund
Sec. 2195.1 Underground Motor Fuel Storage Tank Remediation
Agreements
Sec. 2195.2 Uses of the Trust
Sec. 2195.3 Source of Funding; Limitations on Disbursements
from the Trust; Limit on Amount in Trust
Sec. 2195.4 Procedures for Disbursements from the Fund Trust
Sec. 2195.5 Audits
Sec. 2195.6 Ownership of Trust
Sec. 2195.7 No Inference of Liability on the Part of the State
Sec. 2195.8 Advisory Board
Sec. 2195.9 Financial Responsibility
Sec. 2195.10 Voluntary Cleanup, Private Contracts; Exemptions
(b) The regulatory provisions include:
1. Louisiana Environmental Regulatory Code, Part XI: Underground
Storage Tanks, Chapter 1--Program Applicability and Definitions
Sec. 101 Applicability
Sec. 103 Definitions
2. Chapter 3--Registration Requirements, Standards, and Fee Schedule
Sec. 301 Registration Requirements
Sec. 303 Standards for UST Systems
Sec. 305 Interim Prohibitions for Deferred UST Systems
Sec. 307 Fee Schedule
3. Chapter 5--General Operating Requirements
Sec. 501 Spill and Overfill Control
Sec. 503 Operation and Maintenance of Corrosion Protection
Sec. 505 Compatibility
Sec. 507 Repairs Allowed
Sec. 509 Reporting and Recordkeeping
4. Chapter 7--Methods of Release Detection and Release Reporting,
Investigation, Confirmation, and Response
Sec. 701 Methods of Release Detection
Sec. 703 Requirements for Use of Release Detection Methods
Sec. 705 Release Detection Recordkeeping
Sec. 707 Reporting of Suspected Releases
Sec. 709 Investigation due to Off-site Impacts
Sec. 711 Release Investigation and Confirmation Steps
Sec. 713 Reporting and Cleanup of Spills and Overfills
Sec. 715 Release Response and Corrective Action for UST Systems
Containing Petroleum or Hazardous Substances
5. Chapter 9--Out-of-Service UST Systems and Closure
Sec. 901 Applicability to Previously Closed UST Systems
Sec. 903 Temporary Closure
Sec. 905 Permanent Closure and Changes-in-Service
Sec. 907 Assessing the Site at Closure or Changes-in-Service
6. Chapter 11--Financial Responsibility
Sec. 1101 Applicability
Sec. 1103 Compliance Dates
Sec. 1105 Definition of Terms
Sec. 1107 Amount and Scope of Required Financial Responsibility
Sec. 1109 Allowable Mechanisms and Combinations of Mechanisms
Sec. 1111 Financial Test of Self-Insurance
Sec. 1113 Guarantee
Sec. 1115 Insurance and Risk Retention Group Coverage
Sec. 1117 Surety Bond
Sec. 1119 Letter of Credit
Sec. 1121 Use of the Underground Motor Fuel Storage Tank Trust
Sec. 1123 Trust Fund
Sec. 1125 Standby Trust Fund
Sec. 1127 Substitution of Financial Assurance Mechanisms by
Owner or Operator
Sec. 1129 Cancellation or Nonrenewal by a Provider of Financial
Assurance
Sec. 1131 Reporting by Owner or Operator
Sec. 1133 Recordkeeping
Sec. 1135 Drawing on Financial Assurance Mechanisms
Sec. 1137 Release from the Requirements
Sec. 1139 Bankruptcy or Other Incapacity of Owner or Operator
or Provider of Financial Assurance
Sec. 1141 Replenishment of Guarantees, Letters of Credit, or
Surety Bonds
[FR Doc. 96-524 Filed 1-17-96; 8:45 am]
BILLING CODE 6560-50-P
