[Federal Register Volume 61, Number 12 (Thursday, January 18, 1996)]
[Rules and Regulations]
[Pages 1213-1216]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-525]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 282
[FRL-5304-6]
Underground Storage Tank Program: Approved State Program for
Arkansas
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 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
Arkansas' 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 Arkansas' 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. 6991(c), 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 Arkansas on February 14, 1995 (60 FR
10331). Approval was effective on April 25, 1995.
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. 6991(d)
and 6991(e), and other
[[Page 1214]]
applicable statutory and regulatory provisions. Today's rulemaking
codifies EPA's approval of the Arkansas underground storage tank
program. This codification reflects the state program in effect at the
time EPA granted Arkansas 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 Arkansas 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 Arkansas
program and by amending the Code of Federal Regulations whenever a new
or different set of requirements is approved in Arkansas, the status of
federally approved requirements of the Arkansas program will be readily
discernible. Only those provisions of the Arkansas 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 Arkansas' underground storage tank
program, EPA has added Sec. 282.53 to title 40 of the CFR. Section
282.53 incorporates by reference for enforcement purposes the State's
statutes and regulations. Section 282.53 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
Arkansas enforcement authorities will not be incorporated by reference.
Section 282.53 lists those approved Arkansas 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 282.53 of the codification simply lists for reference and
clarity the Arkansas 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 (60 FR 10331, February
14, 1995) to approve the Arkansas 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. 282.53 to read as follows:
Sec. 282.53 Arkansas State-Administered Program.
(a) The State of Arkansas 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 Arkansas Department of Pollution Control and
Ecology, was approved by EPA pursuant to 42 U.S.C. 6991c and part 281
of this chapter. EPA approved the Arkansas program on February 14, 1995
and it was effective on April 25, 1995.
(b) Arkansas 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, Arkansas 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 Arkansas 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) Arkansas has final approval for the following elements
submitted to EPA in Arkansas' program application for final approval
and approved by EPA on February 14, 1995. Copies may be obtained from
the Underground Storage Tank Program, Arkansas Department of Pollution
Control and Ecology, 8001 National Drive, Little Rock, AR 72219-8913.
(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) Arkansas Statutory Requirements Applicable to the Underground
Storage Tank Program, 1995.
[[Page 1215]]
(B) Arkansas 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) Arkansas Code Annotated, Title 8, Chapter 1, Subchapter 1--General
Provisions:
(i) Sec. 8-1-107 Inspections--Definitions--Investigations--
Inspection Warrant--Exceptions--Penalties
(2) Arkansas Code Annotated, Title 8, Chapter 4, Subchapter 1--General
Provisions:
(i) Sec. 8-4-103 Criminal, Civil, and Administrative Penalties
(3) Arkansas Code Annotated, Title 8, Chapter 7, Subchapter 8--
Regulated Substance Storage Tanks:
(i) Sec. 8-7-802 Department and commission--powers and duties
(ii) Sec. 8-7-806 Penalties
(iii) Sec. 8-7-809 Corrective actions--Orders of director
(B) The regulatory provisions include:
(1) Arkansas Department of Pollution Control and Ecology Regulation
Number 12--Storage Tank Regulation:
(i) Chapter 2, Section 4: Access to Records
(ii) Chapter 2, Section 5: Entry and Inspection of Underground
Storage Tank Facilities
(iii) Chapter 8, Section 1: Violations
(iv) Chapter 8, Section 2: Penalty Policy and Administrative
Procedures
(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) Statutes.
(1) Arkansas Code Annotated, Title 8, Chapter 7, Subchapter 8--
Regulated Substance Storage Tanks.
(i) Sec. 8-7-802 Department's Powers and Duties (Insofar as it
applies to aboveground storage tanks.)
(ii) Sec. 8-7-805 License Requirement (Insofar as it applies to
individuals other than UST owners and operators.)
(2) Arkansas Code Annotated, Title 8, Chapter 7, Subchapter 9--
Petroleum Storage Tank Trust Fund Act.
(i) Sec. 8-7-903 Rules and Regulations--Powers of department
(Insofar as (c) addresses aboveground storage tanks.)
(ii) Reserved.
(B) Regulations.
(1) Arkansas Department of Pollution Control and Ecology Regulation
Number 12--Storage Tank Regulation.
(i) Chapter 2, Section 6: Entry and Inspection of Aboveground
Storage Tank Facilities (Insofar as it applies to aboveground storage
tanks.)
(ii) Chapter 3, Section 1: Underground and Aboveground Storage Tank
Registration Fees (Insofar as it applies to aboveground storage tanks.)
(iii) Chapter 5: Licensing of Tank Installers and Service Personnel
(Insofar as it applies to individuals other than UST system owners and
operators.)
Section 1: Purpose
Section 2: Definitions
Section 3: Applicability
Section 4: General Requirements
Section 5: Contractor Licensing
Section 6: Individual Licensing
Section 7: Experience Requirements
Section 8: Written Examination
Section 9: Approval of Comparable Licensing Programs
Section 10: Reciprocity
Section 11: Denial of Licenses
Section 12: Renewal of Licenses
Section 13: Duties and Obligations
Section 14: Department Approval of Training and Continuing Education
Section 15: Complaints
Section 16: Investigations; Enforcement; Penalties
Section 17: Department Actions Against Licenses.
(iv) Chapter 6: Licensing of Tank Testers (Insofar as it applies to
individuals other than UST system owners and operators.)
Section 1: Purpose
Section 2: Definitions
Section 3: Applicability
Section 4: General Requirements
Section 5: Company Licensing
Section 6: Individual Licensing
Section 7: Experience Requirements
Section 8: Approval of Comparable Licensing Programs
Section 9: Reciprocity
Section 10: Denial of Licenses
Section 11: Renewal of Licenses
Section 12: Duties and Obligations
Section 13: Department Approval of Training and Continuing Education
Section 14: Complaints
Section 15: Investigation; Enforcement; Penalties
Section 16: Department Actions Against Licenses
(2) Statement of legal authority. (i) ``Attorney General's
Statement for Final Approval'', signed by the Attorney General of
Arkansas on September 21, 1994, 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 Arkansas to EPA, September
21, 1994, 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 September 26, 1994, 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 September 26,
1994, 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 Arkansas Department of Pollution Control and
Ecology, signed by the EPA Regional Administrator on February 14, 1995,
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 ``Arkansas'' and its listing.
Appendix A to Part 282--State Requirements Incorporated by
Reference in Part 282 of the Code of Federal Regulations
* * * * *
Arkansas
(a) The statutory provisions include:
1. Arkansas Code Annotated, Title 8, Chapter 7, Subchapter 8--
Regulated Substance Storage Tanks:
Sec. 8-7-801 Definitions and exceptions
Sec. 8-7-803 Regulations generally
Sec. 8-7-804 Procedures of department generally
Sec. 8-7-807 Responsibility and liability of owner
Sec. 8-7-808 Regulated Substance Storage Tank Program Fund
Sec. 8-7-810 Insurance pools
Sec. 8-7-811 Trade secrets
Sec. 8-7-812 Subchapter controlling over other laws
[[Page 1216]]
Sec. 8-7-813 Registration
2. Arkansas Code Annotated, Title 8, Chapter 7, Subchapter 9--
Petroleum Storage Tank Trust Fund Act:
Sec. 8-7-901 Title
Sec. 8-7-902 Definitions
Sec. 8-7-903 Rules and Regulations--Powers of department
[Except (c), which addresses aboveground storage tanks.]
Sec. 8-7-904 Advisory committee
Sec. 8-7-905 Petroleum Storage Tank Trust Fund
Sec. 8-7-906 Petroleum environmental assurance fee
Sec. 8-7-907 Payments for corrective action
Sec. 8-7-908 Third-party claims
Sec. 8-7-909 Confidential treatment of information
(b) The regulatory provisions include:
1. Arkansas Department of Pollution Control and Ecology Regulation
Number 12--Storage Tank Regulation:
a. Chapter 1: General Provisions
Section 1: Purpose
Section 2: Authority
Section 3: Short Title
b. Chapter 2: Regulations Promulgated Under Acts 172 and 173 of
1989 and Act 65 of the Third Extraordinary Session of 1989 for
Administration of the State Regulated Storage Tank Program
Section 1: Incorporation of Federal Regulations
Section 2: Arkansas Petroleum Storage Tank Trust Fund Act
Section 3: Definitions
c. Chapter 3: Fees
Section 1: Underground and Aboveground Storage Tank Registration
Fees [Except insofar as it applies to aboveground storage tanks.]
Section 2: Underground Storage Tank Licensing Fees
Section 3: Late Payment Penalties
Section 4: Refusal or Failure to Pay Fees
d. Chapter 4: Petroleum Storage Tank Trust Fund Release
Reimbursement
Section 1: Purpose
Section 2: Amount of Reimbursement
Section 3: Initial Fund Eligibility
Section 4: Loss and Restoration of Initial Fund Eligibility
Section 5: Corrective Action Reimbursement Procedure
Section 6: Reimbursement Application Review
Section 7: Allowable Costs
Section 8: Reasonable Costs
Section 9: Audits
Section 10: Deductible
Section 11: Third Party Claim Reimbursement Procedure
Section 12: Compliance
Section 13: Fund Availability
Section 14: Cost Recovery
e. Chapter 7: Confidentiality
Section 1: Confidentiality Requests
Section 2: Responsibility
Section 3: Submission Procedure
Section 4: Requirements for Protection
Section 5: Acceptability of Information
Section 6: Security
f. Chapter 9: Severability
g. Chapter 10: Effective Date
[FR Doc. 96-525 Filed 1-17-96; 8:45 am]
BILLING CODE 6560-50-P
