[Federal Register Volume 60, Number 128 (Wednesday, July 5, 1995)]
[Rules and Regulations]
[Page 34879]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-16417]
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40 CFR Part 180
40 CFR Part 281
[FRL-5253-6]
Connecticut; Final Approval of State Underground Storage Tank
Program
AGENCY: Environmental Protection Agency.
ACTION: Notice of final determination on the State of Connecticut's
application for final approval.
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SUMMARY: The State of Connecticut has applied for final approval of its
Underground Storage Tank (UST) Program under Subtitle I of the Resource
Conservation and Recovery Act. The Environmental Protection Agency
(EPA) has reviewed Connecticut's application and has reached a final
determination that Connecticut's UST program satisfies all the
requirements necessary to qualify for final EPA approval. Thus, EPA is
granting final approval to the State of Connecticut to operate its
program in lieu of the Federal UST program.
EFFECTIVE DATE: Final approval for the State of Connecticut shall be
effective at 1:00 p.m. on August 4, 1995.
FOR FURTHER INFORMATION CONTACT:
Jonathan Walker, Office of Underground Storage Tanks, HPU-CAN7, U.S.
EPA, Region I, JFK Federal Building, Boston, MA 02203, (617) 573-9602.
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 underground storage tank
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 January 19, 1995, as required by 40 CFR 281.50(c), EPA
acknowledged receiving from the State of Connecticut a complete
official application requesting final approval to administer its
underground storage tank program. On May 19, 1995, EPA published a
tentative decision announcing its intent to grant Connecticut final
approval of its program. See 60 FR 26859 (1995). 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 requested advance notice for
testimony and reserved the right to cancel for lack of public interest.
Since there was no public interest, the public hearing was canceled. No
public comments were received regarding EPA's approval of Connecticut's
underground storage tank program.
B. Decision
I conclude that the State of Connecticut's application for final
approval meets all of the statutory and regulatory requirements
established by Subtitle I of RCRA. Accordingly, the State of
Connecticut is granted final approval to operate its underground
storage tank program in lieu of the federal program. The State of
Connecticut now has the responsibility for managing all regulated
underground storage tank facilities within its borders and carrying out
all aspects of the Federal underground storage tank program, except
with regard to Indian lands, where EPA will continue to have regulatory
authority. The State of Connecticut 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 Connecticut Department of Environmental
Protection (DEP) in its ongoing commitment and efforts to address
environmental justice concerns in low-income urban and minority
neighborhoods in the State.
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
the State of Connecticut's program, thereby eliminating duplicative
requirements for owners and operators of underground storage tanks
within the State. 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, Hazardous substances, Intergovernmental
relations, State program approval, Underground storage tanks, Water
pollution control.
Dated: June 27, 1995.
John P. DeVillars,
Regional Administrator.
[FR Doc. 95-16417 Filed 7-3-95; 8:45 am]
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