[Federal Register Volume 60, Number 44 (Tuesday, March 7, 1995)]
[Rules and Regulations]
[Pages 12631-12634]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-5527]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 282
[FRL-5164-5]
Underground Storage Tank Program: Approved State Program for Iowa
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 Iowa's
underground storage tank program and incorporates by reference
appropriate provisions of state statutes and regulations.
DATES: This regulation is effective May 8, 1995, unless EPA publishes a
prior Federal Register document withdrawing this immediate final rule.
All comments on the codification of Iowa's underground storage tank
program must be received by the close of business April 6, 1995. The
incorporation by reference of certain publications listed in the
regulations is approved by the Director of the Federal Register, as of
May 8, 1995, in accordance with 5 U.S.C. 552(a).
ADDRESSES: Comments may be mailed to WSTM/RCRA/STPG, Underground
Storage Tank Program, U.S. EPA Region [[Page 12632]] 7, 726 Minnesota
Ave., Kansas City, Kansas, 66101. Comments received by EPA may be
inspected at the above address from 9 a.m. to 4 p.m., Monday through
Friday, excluding federal holidays.
FOR FURTHER INFORMATION CONTACT: Lee Daniels, Underground Storage Tank
Program, U.S. EPA Region 7, 726 Minnesota Ave., Kansas City, Kansas,
66101. Phone: (913) 551-7651.
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 Iowa elsewhere in this issue of the
Federal Register. Approval will be effective on May 8, 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. 6991d and
6991e, and other applicable statutory and regulatory provisions.
Today's rulemaking codifies EPA's approval of the Iowa underground
storage tank program. This codification reflects the state program in
effect at the time EPA granted Iowa 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 Iowa 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 Iowa program
and by amending the Code of Federal Regulations whenever a new or
different set of requirements is approved in Iowa, the status of
federally approved requirements of the Iowa program will be readily
discernible. Only those provisions of the Iowa 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 Iowa's underground storage tank
program, EPA has added Sec. 282.65 to title 40 of the CFR. Section
282.65 incorporates by reference for enforcement purposes the State's
statutes and regulations. Section 282.65 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 Iowa
enforcement authorities will not be incorporated by reference. Section
282.65 lists those approved Iowa 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 282.65 of the codification simply lists for reference and
clarity the Iowa 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, published elsewhere
in this issue of the Federal Register, to approve the Iowa 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: February 7, 1995.
Delores Platt,
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. 282.65 to read as follows:
Sec. 282.65 Iowa State-administered program.
(a) The State of Iowa 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 Iowa Department of Natural Resources, was approved
by EPA pursuant to 42 U.S.C. 6991c and part 281 of this Chapter. EPA
approved the Iowa program on March 7, 1995 and it was effective on May
8, 1995.
(b) Iowa 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, Iowa must revise its approved
program to [[Page 12633]] 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 Iowa
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) Iowa has final approval for the following elements submitted to
EPA in Iowa's program application for final approval and approved by
EPA on March 7, 1995. Copies may be obtained from the Underground
Storage Tank Program, Iowa Department of Natural Resources, Wallace
State Office Building, 900 East Grand, Des Moines, Iowa, 50319.
(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) Iowa Statutory Requirements Applicable to the Underground
Storage Tank Program, 1994
(B) Iowa Regulatory Requirements Applicable to the Underground
Storage Tank Program, 1994
(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 Iowa, Chapter 455B,
Sections 103(4), 109, 111, 112, 475, 476, 477 and 478.
(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 Iowa, Chapter 455B, Sections 113, 114 and 115 insofar
as they apply to certified laboratories; 479 insofar as it applies to
account dispersion; Chapter 455G, Sections 1-20 insofar as they apply
to the comprehensive petroleum underground storage tank fund.
(B) Iowa Administrative Code, Rule 567, Chapter 134.1-5 insofar as
they apply to the registration of groundwater professionals; 135.3(4)
insofar as it applies to farm or residential tanks of 1,100 gallons or
less capacity used for storing motor fuel for noncommercial purposes.
(2) Statement of legal authority. (i) ``Attorney General's
Statement for Final Approval'', signed by the Attorney General of Iowa
on December 22, 1993, 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 Iowa to EPA, dated
December 22, 1993, 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 in March of 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 in March 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 7 and the Iowa Department of Natural Resources, signed by
the EPA Regional Administrator on June 22, 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. Appendix A to Part 282 is amended by adding in alphabetical
order ``Iowa'' and its listing.
Appendix A to Part 282--State Requirements Incorporated by
Reference in Part 282 of the Code of Federal Regulations
* * * * *
Iowa
(a) The statutory provisions include Code of Iowa, 1993; Chapter
455B, Jurisdiction of Department:
Section 101--Definitions
Section 103--Director's duties, except for 455B.103(4)
Section 105--Powers and duties of the commission, except for 105(5),
105(11)a(3) and 105(11)b
Section 471--Definitions
Section 472--Declaration of policy
Section 473--Report of existing and new tanks--fee
Section 473A--Petroleum underground storage tank registration
amnesty program
Section 474--Duties of Commission--rules
Section 479--Storage tank management fee, except for the 2nd and 3rd
sentences
(b) The regulatory provisions include Iowa Administrative Code,
1993, Rule 567, Environmental Protection Commission:
Chapter 131.1--Definitions
Chapter 131.2--Report of Hazardous Conditions
Chapter 133.1--Scope
Chapter 133.2--Definitions
Chapter 133.3--Documentation of contamination and source
Chapter 133.4--Response to contamination
Chapter 133.5--Report to commission
Chapter 135.1--Authority, purpose and applicability
Chapter 135.2--Definitions
Chapter 135.3--UST systems--design, construction, installation, and
notification, except for 135.3(4)a, 3(4)b and 3(4)c
Chapter 135.4--General operating requirements
Chapter 135.5--Release detection
Chapter 135.6--Release reporting, investigation, and confirmation
Chapter 135.7--Release response and corrective action for UST
systems containing petroleum or hazardous substances
Chapter 135.8--Site cleanup report
Chapter 135.9--Out-of-service UST systems and closure
Chapter 135.10--Laboratory analytical methods for petroleum
contamination of soil and groundwater
Chapter 135.11--Evaluation of ability to pay
Chapter 136.1--Applicability
Chapter 136.2--Compliance dates
Chapter 136.3--Definition of terms
Chapter 136.4--Amount and scope of required financial responsibility
Chapter 136.5--Allowable mechanisms and combinations of mechanisms
Chapter 136.6--Financial test of self-insurance
Chapter 136.7--Guarantee
Chapter 136.8--Insurance and risk retention group coverage
Chapter 136.9--Surety bond
Chapter 136.10--Letter of credit
Chapter 136.11--Trust fund
Chapter 136.12--Standby trust fund
Chapter 136.13--Local government bond rating test
Chapter 136.14--Local government financial test
Chapter 136.15--Local government guarantee
Chapter 136.16--Local government fund
Chapter 136.17--Substitution of financial assurance mechanisms by
owner or operator
Chapter 136.18--Cancellation or nonrenewal by a provider of
financial assurance
Chapter 136.19--Reporting by owner or operator
Chapter 136.20--Record keeping
Chapter 136.21--Drawing on financial assurance mechanisms
Chapter 136.22--Release from the requirements
Chapter 136.23--Bankruptcy or other incapacity of owner or operator
or provider of financial assurance [[Page 12634]]
Chapter 136.24--Replenishment of guarantees, letters of credit, or
surety bonds.
[FR Doc. 95-5527 Filed 3-6-95; 8:45 am]
BILLING CODE 6560-50-P
