[Federal Register Volume 59, Number 94 (Tuesday, May 17, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-11988]
[[Page Unknown]]
[Federal Register: May 17, 1994]
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DEPARTMENT OF THE TREASURY
40 CFR Part 281
[FRL-4885-7]
Massachusetts; Approval of State Underground Storage Tank Program
AGENCY: Environmental Protection Agency.
ACTION: Notice of tentative determination to approve the State of
Massachusetts' Underground Storage Tank program, public hearing and
public comment period.
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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 (RCRA). The Environmental
Protection Agency (EPA) has reviewed Massachusetts' application and has
made the tentative decision that Massachusetts' underground storage
tank program satisfies all of the requirements necessary to qualify for
final program approval. EPA intends to grant final approval to
Massachusetts to operate its program in lieu of the Federal program.
Massachusetts' application for final approval is available for public
review and comment and a public hearing will be held to solicit
comments on the application, if requested.
DATES: All written comments on Massachusetts' state program approval
application must be postmarked no later than June 30, 1994. EPA will
then respond to written comments where issues are raised concerning
EPA's tentative program approval.
A public hearing is scheduled for June 30, 1994. The hearing will
begin at 10 a.m. and will continue until the end of testimony or 1
p.m., whichever is later. Massachusetts will participate in any public
hearing held by EPA on this subject. Requests to present oral comments
at the hearing must be received at EPA by June 23, 1994. EPA reserves
the right to cancel the public hearing if significant public interest
in a hearing is not communicated to EPA in writing and postmarked by
June 30, 1994. EPA will determine after June 23, 1994 whether there is
significant interest to hold a public hearing. In the event the public
hearing is cancelled, persons requesting to present oral comments will
be timely notified of the cancellation.
ADDRESSES: Written comments should be mailed to Andrea Beland,
Underground Storage Tank Program, HPU-7, USEPA, Region I, JFK Federal
Building, Boston, Massachusetts 02203.
The public hearing will be held at 90 Canal Street, Boston, MA,
Large First Floor Conference Room.
Copies of Massachusetts' final approval application are available
between 8:30 a.m.-4 p.m., Monday through Friday, at the following
locations for review and copying:
Massachusetts, Department of Environmental Protection, Bureau of
Waste Site Cleanup, One Winter Street, Boston, Massachusetts 02108,
Phone: (617) 292-5887;
Massachusetts, Department of Public Safety, Office of the State
Fire Marshal (MA DPS), 1010 Commonwealth Avenue, Boston, Massachusetts
02215, Phone: (617) 351-6210;
USEPA Headquarters, Library, room 211A, 401 M Street, Washington,
SW., DC 20460, Phone: (202) 382-5926;
USEPA, Region I Library, 1 Congress Street, 11th Floor, Boston,
Massachusetts 02203, Phone: (617) 565-3300.
FOR FURTHER INFORMATION CONTACT: Andrea Beland, HPU-7, Underground
Storage Tank Program, USEPA, Region I, JFK Federal Building, Boston,
Massachusetts 02203, Phone: (617) 573-9604.
SUPPLEMENTARY INFORMATION:
A. Background
Section 9004 of the Resource Conservation and Recovery Act (RCRA),
42 U.S.C. 9004, authorizes EPA to approve State underground storage
tank programs to operate 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 found at 40 CFR part 281;
(2) Includes the notification requirements found at section
9004(a)(8), 42 U.S.C. 6991c(a)(8); and
(3) Provides for adequate enforcement of compliance with UST
standards at section 9004(a), 42 U.S.C. 6991c(a).
B. Massachusetts
On December of 1991, the Commonwealth of Massachusetts submitted a
draft application to EPA for program approval. The Massachusetts
Department of Public Safety (MA DPS) and the Massachusetts Department
of Environmental Protection (MA DEP) jointly prepared the application.
MA DPS is responsible for the underground storage tank regulatory
program, and the MA DEP is responsible for enforcing the leaking
underground storage tank corrective action program. Prior to the
submission, the MA DPS, working with EPA, amended its UST rules, to
meet the ``no less stringent'' Federal requirements. Consistent with
Massachusetts' laws, the Commonwealth provided public notice and an
opportunity to comment on the amended regulations. A public hearing was
held on February 25, 1992, and the regulations became effective on
March 27, 1992.
In accordance with the requirements of 40 CFR 281.50(b),
Massachusetts published a public notice on June 9, 1992, announcing a
public hearing to be held on July 9, 1992, and requesting comments on
Massachusetts' intention to seek program approval. On November 23,
1992, EPA received a Final Application for program approval. The
regulations governing the Massachusetts UST technical requirements and
those regulating releases were amended in the summer of 1993. The
Commonwealth's UST technical regulations became effective on July 1,
1993 and the regulations covering releases became effective on October
1, 1993. The Commonwealth then submitted a revised Final Application
for program approval to EPA on August 18, 1993. EPA reviewed
Massachusetts' application and tentatively determined that the
Commonwealth's program meets all of the requirements necessary to
qualify for final program approval. Consequently, EPA intends to grant
final approval to Massachusetts to operate its program in lieu of the
Federal program.
Based on a detailed review of the Massachusetts' application for
UST program approval, EPA has determined that the Massachusetts
Department of Public Safety, through the Office of the State Fire
Marshal has developed standards and criteria for the design,
installation, operation, maintenance, and monitoring of underground
storage tanks to prevent UST related ground and surface water
contamination, under the authority of Chapter 148, Section 38E of the
Massachusetts General Laws. Chapter 148, Section 38E of the
Massachusetts General Laws provides:
(1) Authority to promulgate UST regulations for controlling
underground storage facilities containing petroleum and hazardous
substances;
(2) Authority to impose civil penalties for violations of any
statutory or regulatory requirement;
(3) Authority to conduct compliance monitoring inspections and
other enforcement activities; and
(4) Notification requirements for owners of underground storage
tanks including heating oil tanks.
In addition, the Massachusetts Department of Environmental
Protection, through the Bureau of Waste Site Cleanup, has developed
standards and criteria for the response and remediation of leaking
underground storage tanks pursuant to Chapter 21E of the Massachusetts
General Laws, the Massachusetts Oil and Hazardous Materials Release
Prevention and Response Act, July 1, 1992, as amended. Chapter 21E of
the Massachusetts General Laws provides:
(1) Authority to promulgate regulations for the response to and
remediation of a release of oil or hazardous material;
(2) Authority to impose civil penalties for violations of any
provision of the statute; and
(3) Authority to conduct compliance monitoring inspections and
other enforcement activities.
C. Public Comments
In accordance with section 9004 of RCRA, 42 U.S.C. 6991c and 40 CFR
281.50(e), if sufficient public interest is received by June 23, 1994,
EPA will hold a public hearing on its tentative decision on June 30,
1994 from 10 a.m.-1 p.m. at 90 Canal Street, Boston, MA, Large First
Floor Conference Room. The public may also submit written comments on
EPA's tentative determination. Written comments must be postmarked by
June 30, 1994 as to allow EPA and the Commonwealth a reasonable
opportunity to research and prepare responses. Copies of Massachusetts'
application are available for inspection and copying at the locations
indicated in the ``Addresses'' section of this document.
EPA will consider all public comments on its tentative
determination received during the public comment period and at the
hearing. Issues raised by those comments may be the basis for a
decision to deny final approval to Massachusetts. EPA expects to make a
final decision on whether or not to approve Massachusetts' program
within sixty (60) days after the date of the public hearing and will
give notice of it in the Federal Register. The notice will include a
summary of the reasons for the final determination and a response to
all significant comments.
Compliance With Executive Order 12866
The Office of Management and Budget has exempted this rule from the
requirement 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 of Massachusetts'
UST program effectively suspends the applicability of the Federal UST
regulations, thereby eliminating duplicative requirements for owners
and operators of underground storage tanks in the Commonwealth. It does
not impose any new burdens on small entities. This rule, therefore,
does not require a regulatory flexibility analysis.
List of Subjects in 40 CFR Part 281
Environmental protection, Administrative practice and procedure,
Hazardous material, State program approval, Underground storage tanks.
Authority: This action is issued under the authority of section
9004 of the Solid Waste Disposal Act as amended, 42 U.S.C 6991c.
Dated: May 8, 1994.
Patricia L. Meaney,
Acting Regional Administrator.
[FR Doc. 94-11988 Filed 5-16-94; 8:45 am]
BILLING CODE 6560-50-F
