[Federal Register Volume 59, Number 140 (Friday, July 22, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-17555]
[[Page Unknown]]
[Federal Register: July 22, 1994]
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ENVIRONMENTAL PROTECTION AGENCY
[FRL-5016-5]
40 CFR Part 281
South Dakota; Final Approval of State Underground Storage Tank
Program
AGENCY: Environmental Protection Agency.
ACTION: Notice of tentative determination on application of State of
South Dakota for final approval, public hearing and public comment
period.
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SUMMARY: The State of South Dakota 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 South Dakota application and has made the
tentative decision that South Dakota's underground storage tank program
satisfies all of the requirements necessary to qualify for final
approval. EPA intends to grant final approval to the State to operate
its program in lieu of the Federal program. The State of South Dakota's
application for final approval is available for public review and
comment. EPA has tentatively scheduled a public hearing on this
determination. If a sufficient number of people express interest in
participating in a hearing by writing to EPA or calling the contact
within 30 days of the date of publication of this notice, EPA will hold
a hearing on the date given below in the ``DATES'' section. EPA will
notify all persons who submit comments on this notice if it decides to
hold the hearing. In addition, anyone who wishes to learn whether the
hearing will be held may call the person listed in the ``Contacts''
section below.
DATES: All comments on South Dakota's final approval application must
be received by the close of business on August 22, 1994. The public
hearing is tentatively scheduled for September 12, 1994.
ADDRESSES: Written comments should be sent to U.S. EPA, Attn: Leslie
Zawacki, mail code (8HWM-WM), Region 8, 999 18th Street, Suite 500,
Denver, Colorado 80202.
The public hearing is tentatively scheduled for 1 p.m. at the
Matthew Training Center, Joe Foss Building, 523 East Capitol, Pierre,
South Dakota 57501.
Copies of South Dakota's final approval application are available
during normal working days at the following addresses for inspection
and copying: from 8 a.m.-5 p.m. at the South Dakota Department of
Environment and Natural Resources, Underground Storage Tank Program,
523 East Capitol, Pierre, South Dakota 57501, phone: (605) 773-3296;
from 9 a.m.-4 p.m. at the U.S. EPA Headquarters, Office of Underground
Storage Tanks, Docket Clerk, 401 M Street, SW., Room 2616, Washington,
DC 20460, phone: (202) 260-9720; and from 8 a.m.-4 p.m. at the U.S. EPA
Region 8, Library, Suite 144, 999 18th Street, Denver, Colorado 80202,
phone: (303) 293-1665.
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)).
B. State of South Dakota
The State of South Dakota established authority through South
Dakota Codified Law 34A-2-98 and 34A-2-99 to implement an underground
storage tank program. The State developed and approved rules in the
Administrative Rules of South Dakota that became effective November 30,
1987.
On July 9, 1992, South Dakota submitted an official application for
final approval. EPA reviewed and commented on the application and
requested additional information to be included in the final
application. Prior to its submission, South Dakota provided an
opportunity for public notice and comment in the development of its
underground storage tank program as required under Sec. 281.50(b). EPA
has reviewed South Dakota's application, and has tentatively determined
that the State's program meets all of the requirements necessary to
qualify for final approval. Consequently, EPA intends to grant final
approval to South Dakota to operate its program in lieu of the Federal
program.
This tentative determination to approve the South Dakota UST
program does not extend to ``Indian Country,'' as defined in 18 U.S.C.
Section 1151, including the following ``existing or former'' Indian
reservations in the State of South Dakota:
1. Cheyenne River
2. Crow Creek
3. Flandreau
4. Lake Traverse (Sisseton-Wahpeton)
5. Lower Brule
6. Pine Ridge
7. Rosebud
8. Standing Rock
9. Yankton.
Before EPA would be able to approve the State of South Dakota UST
program for any portion of ``Indian Country,'' the State would have to
provide an appropriate analysis of the State's jurisdiction to enforce
in these areas. In order for a state to satisfy this requirement, it
must demonstrate to the EPA's satisfaction that it had authority either
pursuant to explicit Congressional authorization or applicable
principles of Federal Indian Law to enforce its laws against existing
and potential pollution sources within any geographical area for which
it seeks program approval. EPA has reason to believe that disagreement
exists with regard to the State's jurisdiction over ``Indian Country,''
and EPA is not satisfied that South Dakota has, at this time, made the
requisite showing of its authority with respect to such lands.
In withholding program approval for these areas, EPA is not making
a determination that the State either has adequate jurisdiction or
lacks such jurisdiction. Should the State of South Dakota choose to
submit analysis with regard to its jurisdiction over all or part of
``Indian Country'' in the State, it may do so without prejudice.
EPA's future evaluation of whether to approve the South Dakota
program for ``Indian Country,'' to include Indian reservation lands,
will be governed by EPA's judgment as to whether the State has
demonstrated adequate authority to justify such approval, based upon
its understanding of the relevant principles of Federal Indian law and
sound administrative practice. The State may wish to consider EPA's
discussion of the related issue of tribal jurisdiction found in the
preamble to the Indian Water Quality Standards Regulation (see 56 FR
64876, December 12, 1991).
On May 2, 1994, the State of South Dakota submitted to EPA an
amendment to its UST program application. The amendment requests that
South Dakota UST program approval be expanded to include UST activities
on non-Indian lands for the former lands of the Yankton Sioux, Lake
Traverse (Sisseton-Wahpeton) and parts of the Rosebud and Pine Ridge
reservations. This amendment is presently being reviewed by EPA and
will be treated as a revision to the South Dakota UST program proposed
for approval today. A notice of the proposed EPA decision on this
amendment will be published in the Federal Register for public comment
at a later date.
In accordance with Section 9004 of RCRA 42 U.S.C. 6991c and 40 CFR
281.50(e), the Agency will accept written comments on EPA's tentative
determination until August 21, 1994. Copies of South Dakota's
application are available for inspection and copying at the locations
indicated in the Addresses section of this notice.
EPA will consider all public comments on its tentative
determination received during the public comment period. Issues raised
by those comments may be the basis for a decision to deny final
approval to South Dakota. EPA expects to make a final decision on
whether or not to approve South Dakota's program by October 20, 1994
and will give notice of it in the Federal Register. At this time, EPA
and the State will enter into a memorandum of agreement to set forth
the manner in which the State and EPA will coordinate the State's
administration of the State program. The notice will include a summary
of the reasons for the final determination and a response to all major
comments.
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 South
Dakota'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.
List of Subjects in 40 CFR Part 281
Environmental protection, Administrative practice and procedure,
Hazardous materials, State program approval, and Underground storage
tanks.
Authority: This notice is issued under the authority of Section
9004 of the Solid Waste Disposal Act as amended 42 U.S.C. 6991c.
Dated: July 5, 1994.
Jack W. McGraw,
Acting Regional Administrator.
[FR Doc. 94-17555 Filed 7-21-94; 8:45 am]
BILLING CODE 6560-50-P
