[Federal Register Volume 61, Number 24 (Monday, February 5, 1996)]
[Rules and Regulations]
[Pages 4224-4226]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-2225]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 282
[FRL-5331-9]
Underground Storage Tank Program: Approved State Program for
Georgia
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
Georgia's underground storage tank program and incorporates by
reference appropriate provisions of state statutes and regulations.
[[Page 4225]]
DATES: This regulation is effective March 4, 1996, unless EPA publishes
a prior Federal Register document withdrawing this immediate final
rule. All comments on the codification of Georgia's underground storage
tank program must be received by the close of business February 1,
1996. The incorporation by reference of certain publications listed in
the regulations is approved by the Director of the Federal Register, as
of March 4, 1996, in accordance with 5 U.S.C. 552(a).
ADDRESSES: Comments may be mailed to the Underground Storage Tank
Section (GWP-15), U.S. EPA Region 4, 345 Courtland St., Atlanta, GA
30365. Comments received by EPA may be inspected in the public docket,
located in the Water Management Division, 345 Courtland Street NE.,
Atlanta, GA 30365 from 9 a.m. to 4 p.m., Monday through Friday,
excluding federal holidays.
FOR FURTHER INFORMATION CONTACT: John Mason, Chief, Underground Storage
Tank Section, U.S. EPA Region 4, 345 Courtland Street NE., Atlanta, GA
30365. Phone: (404) 347-3866, ext. 6672.
SUPPLEMENTARY INFORMATION:
Background
Section 9004 of the Resource Conservation and Recovery Act of 1976,
as amended, (RCRA), 42 U.S.C. 6991c, allows EPA 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 Georgia.
(56 FR 91, May 10, 1991). Approval was effective on July 9, 1991.
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 Georgia underground
storage tank program. This codification reflects the state program
currently in effect (including statutory and regulatory updates made
since the time EPA granted Georgia 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 Georgia 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 Georgia
program and by amending the Code of Federal Regulations whenever a new
or different set of requirements is approved in Georgia, the status of
federally approved requirements of the Georgia program will be readily
discernible. Only those provisions of the Georgia 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 Georgia's underground storage tank
program, EPA has added section 282.60 to title 40 of the CFR. Section
282.60 incorporates by reference for enforcement purposes the State's
statutes and regulations. Section 282.60 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 Georgia
enforcement authorities will not be incorporated by reference. Section
282.60 lists those approved Georgia authorities that would fall into
this category.
Certification Under the Regulatory Flexibility Act
This rule codifies the decision already made (56 FR 91, May 10,
1991) to approve the Georgia 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.
Patrick M. Tobin,
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.
2. Subpart B is amended by adding Sec. 282.60 to read as follows:
Subpart B--Approved State Programs
Sec. 282.60 Georgia State-Administered Program.
(a) The State of Georgia 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 Georgia Department of Natural Resources,
Environmental Protection Division, was approved by EPA pursuant to 42
U.S.C. 6991c and part 281 of this Chapter. EPA approved the Georgia
program on April 29, 1991 and it was effective on July 9, 1991.
(b) Georgia 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, Georgia 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,
[[Page 4226]]
and 40 CFR part 281, subpart E. If Georgia 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) Georgia has final approval for the following elements submitted
to EPA in Georgia's program application for final approval and approved
by EPA on April 29, 1991. Copies may be obtained from the Underground
Storage Tank Management Program, Georgia Environmental Protection
Division, 4244 International Parkway, Suite 100, Atlanta, GA 30354.
(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) Georgia Statutory Requirements Applicable to the Underground
Storage Tank Program, 1995.
(B) Georgia 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 the following sections of the
Georgia Underground Storage Tank Act:
12-13-5--Rules and regulations; enforcement powers,
12-13-8--Investigations,
12-13-14--Corrective action for violations of chapter, rules, etc., and
for release of regulated substance into environment,
12-13-15--Injunctions and restraining orders,
12-13-16--Hearings and review,
12-13-17--Judgement by superior court,
12-13-19--Violations; imposition of penalties,
12-13-20--Action in emergencies, and
12-13-22--Representation by Attorney General
(B) The regulatory provisions include the following sections of
Rules of Georgia Department of Natural Resources, Environmental
Protection Division, Underground Storage Tank Management:
391-3-15-.01(2)--Authority, and
391-3-15-.14--Enforcement
(2) Statement of legal authority. (i) ``Attorney General's
Certification of `No Less Stringent' Objectives And `Adequate
Enforcement' Authorities Implementing The Underground Storage Tank
Program'', signed by the Attorney General of Georgia on February 20,
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 February 20, 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.
(4) Program Description. The program description and any other
material submitted as part of the original application in February
1990, 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 Georgia Department of Natural Resources, signed by
the EPA Regional Administrator on July 10, 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. Appendix A to part 282 is amended by adding in alphabetical
order ``Georgia'' and its listing.
Appendix A to Part 282--State Requirements Incorporated by Reference in
Part 282 of the Code of Federal Regulations
* * * * *
Georgia
(a) The statutory provisions include the Georgia Underground
Storage Tank Act (GUSTA) (O.C.G.A. Sec. 12-13-1, et seq.):
Section 12-13-2--Public policy.
Section 12-13-3--Definitions.
Section 12-13-4--Exceptions to chapter.
Section 12-13-5--Rules and regulations; enforcement powers.
Section 12-13-6--Powers and duties of director.
Section 12-13-7--Performance standards applicable until rules and
regulations effective.
Section 12-13-8--Investigations.
Section 12-13-9--Establishing financial responsibility; claims
against guarantor; Underground storage Trust Fund.
Section 12-13-10--Environmental assurance fees.
Section 12-13-11--Corrective action for release of petroleum product
into environment.
Section 12-13-12--Recovery in event of discharge or threat of
discharge of regulated substance.
Section 12-13-13--Notice by owner of underground storage tank.
Section 12-13-14--Corrective action for violations of chapter,
rules, etc., and for release of regulated substance into
environment.
Section 12-13-15--Injunctions and restraining orders.
Section 12-13-16--Hearings and review.
Section 12-13-17--Judgement by superior court.
Section 12-13-18--Required compliance with chapter; proof that
petroleum subjected to environmental fee.
Section 12-13-19--Violations; imposition of penalties.
Section 12-13-20--Action in emergencies.
Section 12-13-21--Public access to records.
Section 12-13-22--Representation by Attorney General.
(b) The regulatory provisions include the Rules of Georgia
Department of Natural Resources, Environmental Protection Division,
Underground Storage Tank Management:
Section 391-3-15-.01--General provisions. Amended.
Section 391-3-15-.02--Definitions, UST Exclusions, and UST
Deferrals. Amended.
Section 391-3-15-.03--Confidentiality of Information. Amended.
Section 391-3-15-.04--Interim Prohibition for Deferred UST Systems.
Amended.
Section 391-3-15-.05--UST Systems: Design, Construction,
Installation and Notification. Amended.
Section 391-3-15-.06--General Operating Requirements. Amended.
Section 391-3-15-.07--Release Detection. Amended.
Section 391-3-15-.08--Release Reporting, Investigation, and
Confirmation. Amended.
Section 391-3-15-.09--Release Response and Corrective Action for UST
Systems Containing Petroleum. Amended.
Section 391-3-15-.10--Release Response and Corrective Action for UST
Systems Containing Hazardous Substances. Amended.
Section 391-3-15-.11--Out-of-Service UST Systems and Closure.
Amended.
Section 391-3-15-.12--UST Systems Containing Petroleum; Financial
Responsibility Requirements. Amended.
Section 391-3-15-.13--Georgia Underground Storage Tank (GUST) Trust
Fund. Amended.
Section 391-3-15-.14--Enforcement.
Section 391-3-15-.15--Variances.
[FR Doc. 96-2225 Filed 2-2-96; 8:45 am]
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