[Federal Register Volume 60, Number 45 (Wednesday, March 8, 1995)]
[Rules and Regulations]
[Pages 12709-12710]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-5657]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 281
[FRL-5168-1]
Utah; Final Approval of State Underground Storage Tank Program
AGENCY: Environmental Protection Agency.
ACTION: Notice of final determination on State of Utah application for
final approval.
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SUMMARY: The State of Utah has applied for final approval of its
underground storage tank program under Subtitle I of the Resource
Conservation and Recovery Act (RCRA). The Environmental Protection
Agency (EPA) has reviewed the Utah application and has reached a final
determination that Utah's underground storage tank (UST) program
satisfies all of the requirements necessary to qualify for final
approval. Thus, EPA is granting final approval to the State to operate
its program in lieu of the Federal program.
EFFECTIVE DATE: Final approval for Utah shall be effective at 1:00 pm
Eastern Time on April 7, 1995.
FOR FURTHER INFORMATION CONTACT: Leslie Zawacki, Underground Storage
Tank Program Section, U.S. EPA, Region 8, 8HWM-WM, 999 18th Street,
Denver, Colorado 80202, phone: (303) 293-1665.
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 the State in lieu of the Federal underground storage tank
(UST) program. Program approval is granted by EPA if the Agency finds
that the State program: (1) is ``no less stringent'' than the Federal
program in all seven elements, and includes notification requirements
of section 9004(a)(8), 42 U.S.C. 6991c(a)(8); and (2) provides for
adequate enforcement of compliance with UST standards (section 9004(a),
42 U.S.C. 6991c(a)).
On September 20, 1993, Utah submitted an application for
``complete'' program approval which includes regulation of both
petroleum and hazardous substance tanks. The State of Utah established
authority through the Utah Solid and Hazardous Waste Act to implement
an underground storage tank program in February 1986, and further
developed its authority in the UST Act in February 1989. The State
adopted the federal rules and developed some additional rules in
February 1989.
On October 27, 1994, EPA published a tentative decision announcing
its intent to grant Utah final approval. Further background on the
tentative decision to grant approval appears at 59 FR 53955, October
27, 1994. Along with the tentative determination, EPA announced the
availability of the application for public comment and provided notice
that a public hearing would be provided if significant public interest
was shown. EPA received no comments on the application and no request
for a public hearing, therefore, a hearing was not held.
B. Decision
I conclude that Utah's application for final approval meets all of
the statutory and regulatory requirements established by Subtitle I of
RCRA. Accordingly, Utah is granted final approval to operate its
underground storage tank program in lieu of the Federal program. Utah
now has the responsibility for managing underground storage tank
facilities within its borders and carrying out all aspects of the UST
program except with regard to ``Indian Country,'' as defined in 18
U.S.C. 1151, where EPA will retain and otherwise exercise regulatory
authority. Utah 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.
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 this approval will not have a significant economic impact on a
substantial number of small entities. The approval effectively suspends
the applicability of certain Federal regulations in favor of Utah's
program, thereby eliminating duplicative requirements for owners and
operators of underground storage tanks in the State. It does not impose
any new burdens on small entities. This rule, therefore, does not
require a regulatory flexibility analysis. [[Page 12710]]
List of Subjects in 40 CFR Part 281
Environmental protection, Administrative practice and procedure,
Hazardous materials, State program approval, Underground storage tanks.
Authority: This notice is issued under the authority of sections
2002(a), 7004(b), and 9004 of the Solid Waste Disposal Act as
amended, 42 U.S.C. 6912(a), 6974(b), and 6991(c).
Dated: March 1, 1995.
Jack W. McGraw,
Acting Regional Administrator.
[FR Doc. 95-5657 Filed 3-7-95; 8:45 am]
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