[Federal Register Volume 62, Number 16 (Friday, January 24, 1997)]
[Rules and Regulations]
[Pages 3613-3616]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-1763]
[[Page 3613]]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 282
[FRL-5677-6]
Underground Storage Tank Program: Approved State Program for
Alabama
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 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 approval of Alabama's
underground storage tank program and incorporates by reference
appropriate provisions of state statutes and regulations.
DATES: This regulation is effective March 25, 1997, unless EPA
publishes a prior Federal Register document withdrawing this immediate
final rule. All comments on the codification of Alabama's underground
storage tank program must be received by the close of business on
February 24, 1997. The incorporation by reference of certain
publications listed in the regulations is approved by the Director of
the Federal Register as of March 25, 1997, in accordance with 5 U.S.C.
552(a).
ADDRESSES: Comments may be mailed to the Underground Storage Tank
Section, Water Management Division, U.S. EPA, Region 4, Atlanta Federal
Center, 100 Alabama Street, S.W., Atlanta, Georgia 30303. Comments
received by EPA may be inspected in the public docket, located in the
Underground Storage Tank Section, Water Management Division, from 9
a.m. to 4 p.m., Monday through Friday, excluding federal holidays.
FOR FURTHER INFORMATION CONTACT: Mr. John K. Mason, Chief, Underground
Storage Tank Section, Water Management Division, U.S. EPA, Region 4,
Atlanta Federal Center, 100 Alabama Street, S.W., Atlanta, Georgia
30303. Phone: (404) 562-9441.
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 is publishing a Federal Register document announcing its
decision to grant approval to Alabama concurrently with this document.
Approval will be effective March 25, 1997.
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 Alabama underground
storage tank program. This codification reflects the state program in
effect at the time EPA grants Alabama 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 Alabama 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 Alabama
program and by amending the Code of Federal Regulations whenever a new
or different set of requirements is approved in Alabama, the status of
federally approved requirements of the Alabama program will be readily
discernible. Only those provisions of the Alabama 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 Alabama's underground storage tank
program, EPA has added section 282.50 to title 40 of the Code of
Federal Regulation. Section 282.50 incorporates by reference for
enforcement purposes the state's statutes and regulations. Section
282.50 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 Alabama
enforcement authorities will not be incorporated by reference. Section
282.50 lists those approved Alabama 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 section 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 282.50 of the codification simply lists for
reference and clarity the Alabama 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.
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.
Unfunded Mandates Reform Act
Title II of the Unfunded Mandates Reform Act of 1995 (UMRA), P.L.
104-4, establishes requirements for federal agencies to assess the
effects of certain regulatory actions on state, local, and tribal
governments and the private sector. Under sections 202 and 205 of the
UMRA, EPA generally must prepare a written statement of economic and
regulatory alternatives analyses for proposed and final rules with
federal mandates, as defined by the UMRA, that may result in
expenditures to state, local and tribal governments, in the aggregate,
or to the private sector, of $100 million or more in any one year. The
section 202 and 205 requirements do not apply to today's action because
it is not a ``federal mandate'' and because it does not impose annual
costs of $100 million or more.
Today's rule contains no federal mandates for state, local, and
tribal governments or the private section for
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two reasons. First, today's action does not impose new or additional
enforceable duties on any state, local, or tribal governments or the
private sector because it merely makes federally enforceable existing
requirements with which regulated entities must already comply under
state law. Second, the Act also generally excludes from the definition
of a ``federal mandate'' duties that arise from participation in a
voluntary federal program. The requirements being codified today are
the result of the State of Alabama's voluntary participation in
accordance with RCRA Subtitle I.
Even if today's rule did contain a federal mandate, this rule will
not result in annual expenditures of $100 million or more for state,
local, and/or tribal governments in the aggregate, or the private
sector because today's action merely codifies an existing state program
that EPA is authorizing concurrently. Thus, today's rule is not subject
to the requirements of sections 202 and 205 of the UMRA.
The requirements of section 203 of UMRA also do not apply to
today's action. Before EPA establishes any regulatory requirements that
may significantly or uniquely affect small governments, section 203 of
UMRA requires EPA to develop a small government agency plan. This rule
contains no regulatory requirement that might significantly or uniquely
affect small governments. The Agency recognizes that although small
governments may own and/or operate USTs, this codification incorporates
into the Code of Federal Regulations the State of Alabama's
requirements which are being authorized concurrently by EPA under 40
CFR Part 281 and, thus small governments are not subject to any
additional significant or unique requirements by virtue of this
codification.
Certification Under the Regulatory Flexibility Act
This rule codifies the decision already made to approve the Alabama
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.
Submission to Congress and the General Accounting Office
Under 5 U.S.C. 801(a)(1)(A) as added by the Small Business
Regulatory Enforcement Fairness Act of 1996, EPA submitted a report
containing this rule and other required information to the U.S. Senate,
the U.S. House of Representatives and the Comptroller General of the
General Accounting Office prior to publication of this rule in today's
Federal Register. This rule is not a ``major rule'' as defined by 5
U.S.C. 804(2).
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: January 8, 1997.
A. Stanley Meiburg,
Acting Regional Administrator.
For the reasons set forth in the preamble, 40 CFR Part 282 is
proposed to be 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. 282.50 to read as follows:
Sec. 282.50 Alabama State-Administered Program.
(a) The State of Alabama 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 Alabama Department of Environmental Management, was
approved by EPA pursuant to 42 U.S.C. 6991c and part 281 of this
Chapter. EPA published the notice for final determination on the
approved Alabama underground storage tank program concurrently with
this notice and it will be effective on March 25, 1997.
(b) Alabama 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, Alabama 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 Alabama 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) Alabama will have final approval for the following elements
submitted to EPA in Alabama's program application for final approval
and to be published in the Federal Register concurrently with this
notice, and to be effective on March 25, 1997. Copies of Alabama's
underground storage tank program may be obtained from the Ground Water
Branch, Alabama Department of Environmental Management, 1751 W.L.
Dickinson Drive, Montgomery, Alabama 36130.
(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) Alabama Statutory Requirements Applicable to the Underground
Storage Tank Program, 1996.
(B) Alabama Regulatory Requirements Applicable to the Underground
Storage Tank Program, 1996.
(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: Code of Alabama 1975, Title
22, Chapter 36, Section 9 and Code of Alabama 1975, Title 22, Chapter
22A, Section 5(19).
(B) The regulatory provisions include: none.
(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) Code of Alabama 1975, Title 22, Chapter 36, Section 5, insofar
as it refers to underground storage tank regulation fees.
(B) Code of Alabama 1975, Title 22, Chapter 36, Section 7, insofar
as it refers
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to rules and regulations to establish and protect wellhead areas from
contaminants.
(C) Alabama Department of Environmental Management Administrative
Code Section 335-6-15-.05, insofar as it requires notification of
underground storage tank systems taken out of operation on or before
January 1, 1974.
(D) Alabama Department of Environmental Management Adminstrative
Code Section 335-6-15-.45, insofar as it requires underground storage
tank regulation fees.
(E) Alabama Department of Environmental Management Adminstrative
Code R. 335-6-15-.47, insofar as it refers to financial responsibility
for hazardous substance underground storage tank systems.
(2) Statement of legal authority. (i) ``Attorney General's
Statement for Final Approval'', signed by the Attorney General of
Alabama on June 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.
(ii) Letter from the Attorney General of Alabama to EPA, June 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) Demonstration of procedures for adequate enforcement. The
``Demonstration of Procedures for Adequate Enforcement'' submitted as
part of the final application in July 1994 and revised in March 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.
(4) Program Description. The program description and any other
material submitted as part of the final application in July 1994 and
revised in March 1995, 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 4 and the Alabama Department of Environmental Management,
signed by the EPA, Regional Administrator on August 2, 1996, 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 ``Alabama'' and its listing.
Appendix A to Part 282--State Requirements Incorporated by Reference in
Part 282 of the Code of Federal Regulations
* * * * *
Alabama
(a) The statutory provisions include Code of Alabama 1975, Title
22, Chapter 36, Underground Tank and Wellhead Protection Act:
Section 1
Short title.
Section 2
Definitions.
Section 3
Rules and regulations governing underground storage tanks.
Section 4
Information to be furnished by owner upon request of department;
owner to permit access to records and entry and inspection of
facilities.
Section 6
Expenditure of funds from leaking underground storage tank trust
fund; investigative and corrective powers in regard to
administration of funds; liability of owner or operator for costs.
Section 8
Availability to public of records, reports, or information
obtained under chapter.
Section 10
Rules and regulations.
(b) The regulatory provisions include Alabama Department of
Environmental Management, Administrative Code, Division 6, Water
Quality Program, Volume II, revised effective: June 1, 1994, Chapter
335-6-15: Technical Standards, Corrective Action Requirements and
Financial Responsibility for Owners and Operators of Underground
Storage Tanks.
Section .01
Purpose.
Section .02
Definitions.
Section .03
Applicability.
Section .04
Interim Prohibition for Deferred UST Systems.
Section .05
Notification, except those USTs taken out of operation on or
before January 1, 1974.
Section .06
Performance Standards for New UST Systems.
Section .07
Upgrading of Existing UST Systems.
Section .08
Plans and Specifications.
Section .09
Spill and Overfill Control.
Section .10
Operation and Maintenance of Corrosion Protection.
Section .11
Compatibility.
Section .12
Repairs Allowed.
Section .13
Reporting and Recordkeeping.
Section .14
General Release Detection Systems for all UST Systems.
Section .15
Release Detection Requirements for Petroleum UST Systems.
Section .16
Release Detection Requirements for Hazardous Substance UST
Systems.
Section .17
Methods of Release Detection for Tanks.
Section .18
Methods of Release Detection for Pipes.
Section .19
Release Detection Recordkeeping.
Section .20
Reporting of Suspected Releases.
Section .21
Investigation Due to Environmental Impact.
Section .22
Release Investigation and Confirmation Steps.
Section .23
Reporting and Clean-up of Spills and Overfills.
Section .24
Initial Release Response.
Section .25
Initial Abatement Measures and Preliminary Investigation.
Section .26
Preliminary Investigation Requirements.
Section .27
Free Product Removal.
Section .28
Secondary Investigation Requirements.
Section .29
Corrective Action Plan.
Section .30
Corrective Action Limits for Soils.
Section .31
Corrective Action Limits for Ground Water.
Section .32
Alternative Corrective Action Limits.
Section .33
Risk Assessment.
Section .34
Public Participation.
Section .35
Analytical Requirements.
Section .36
Temporary Closure.
Section .37
Permanent Closure.
Section .38
Site Closure or Change-in-Service Assessments.
Section .39
Applicability to Previously Closed UST Systems.
Section .40
Closure Records.
Section .41
Alternate or Temporary Drinking Water Source.
Section .42
Availability to Public of Records, Reports or information.
Section .43
Access to Records.
Section .44
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Entry and Inspection of Facilities.
Section .46
Financial Responsibility for Petroleum UST Owners and Operators.
Section .48
Severability.
[FR Doc. 97-1763 Filed 1-23-97; 8:45 am]
BILLING CODE 6560-50-P
