[Federal Register Volume 60, Number 52 (Friday, March 17, 1995)]
[Rules and Regulations]
[Pages 14371-14372]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-6675]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 281
[FRL-5173-6]
Massachusetts; Final Approval of State Underground Storage Tank
Program
AGENCY: Environmental Protection Agency.
[[Page 14372]] ACTION: Notice of final determination on the
Commonwealth of Massachusetts' application for final approval.
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SUMMARY: The Commonwealth of Massachusetts has applied for final
approval of its Underground Storage Tank (UST) Program under Subtitle I
of the Resource Conservation and Recovery Act, 42 U.S.C. 9004. The
Environmental Protection Agency (EPA) has reviewed Massachusetts's
application and has reached a final determination that Massachusetts's
UST Program satisfies all the requirements necessary to qualify for
final approval. Thus, EPA is granting final approval to Massachusetts
to operate its program in lieu of the Federal UST program.
EFFECTIVE DATE: Final approval for the Commonwealth of Massachusetts'
UST Program shall be effective at 1:00 p.m. on April 17, 1995.
FOR FURTHER INFORMATION CONTACT: Myra Schwartz, Office of Underground
Storage Tanks, HPU-CAN7, U.S. EPA, Region I, JFK Federal Building,
Boston, MA 02203, (617) 573-5743.
SUPPLEMENTARY INFORMATION:
A. Background
Section 9004 of the Resource Conservation and Recovery Act (RCRA)
enables EPA to approve state underground storage tank programs to
operate in a state in lieu of the Federal UST program. To qualify for
final authorization, a state's program must: (1) Be ``no less
stringent'' than the Federal program, and (2) provide for adequate
enforcement. Section 9004 (a) and (b) of RCRA, 42 U.S.C. 6991c (a) and
(b).
On October 5, 1992, as required by 40 CFR 281.50(c), EPA
acknowledged receiving from Massachusetts a complete official
application requesting final approval to administer its UST program. On
May 17, 1994, EPA published a tentative decision announcing its intent
to grant Massachusetts final approval of its program. See 59 FR 25588
(1994). Further background on EPA's tentative decision to grant
approval is included in that decision.
Along with the tentative determination, EPA announced the
availability of the application for public comment and the date of a
public hearing on the application. EPA received written and oral
comments on the application, and a public hearing was held on June 30,
1994.
Three commentators raised concerns regarding the applicability of
environmental justice to the Massachusetts UST program implementation.
EPA notes that Massachusetts' receipt of Federal financial assistance
subjects Massachusetts to the obligations of Title VI of the Civil
Rights Act of 1964. EPA is committed to working with Massachusetts to
support and ensure compliance with all Title VI requirements.
Furthermore, the narrative portion of Massachusetts' application
expresses its voluntary support of environmental justice principles in
the management of the UST program. Although this is not a criterion for
program approval, EPA acknowledges Massachusetts' support of
environmental justice principles.
B. Decision
I conclude that Massachusetts' application for final approval meets
all of the statutory and regulatory requirements established by
Subtitle I of RCRA. Accordingly, Massachusetts is granted final
approval to operate its UST program in lieu of the Federal program.
Massachusetts now has the responsibility for managing all regulated
underground storage tank facilities within its borders and carrying out
all aspects of the Federal UST program, except with regard to Indian
lands, where EPA will continue to have regulatory authority.
Massachusetts also has primary enforcement responsibility, although EPA
retains the right to conduct inspections under Section 9005 of RCRA, 42
U.S.C. 6991d, and to take enforcement actions under Section 9006 of
RCRA, 42 U.S.C. 6991e. EPA will continue to work together with the
Massachusetts Department of Environmental Protection (DEP) in its
ongoing commitment and efforts to address environmental justice
concerns in low-income urban and minority neighborhoods in
Massachusetts.
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.
Certification Under the Regulatory Flexibility Act
Pursuant to the provisions of 5 U.S.C. 605(b), I hereby certify
that the approval will not have a significant economic impact on a
substantial number of small entities. This approval effectively
suspends the applicability of certain federal regulations in favor of
Massachusetts' Program, thereby eliminating duplicative requirements
for owners and operators of underground storage tanks within
Massachusetts. It does not impose any new burdens on small entities.
This rule, therefore, does not require flexibility analysis.
List of Subjects in 40 CFR Part 281
Environmental protection, Administrative practice and procedure,
Hazardous materials.
Authority: Section 9004 of the Solid Waste Disposal Act as
amended, 42 U.S.C. 6991c.
Dated: March 3, 1995.
John P. DeVillars,
Regional Administrator.
[FR Doc. 95-6675 Filed 3-16-95; 8:45 am]
BILLING CODE 6560-50-P
