[Federal Register Volume 59, Number 152 (Tuesday, August 9, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-19184]
[[Page Unknown]]
[Federal Register: August 9, 1994]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 281
[FRL-5028-5]
Iowa; Approval of State Underground Storage Tank Program
AGENCY: Environmental Protection Agency.
ACTION: Notice of tentative determination on application of State of
Iowa for final approval, public comment period.
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SUMMARY: The State of Iowa 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 Iowa's application and has made the tentative
decision that Iowa's UST program satisfies all of the requirements
necessary to qualify for final approval. Thus, EPA intends to grant
final approval to Iowa to operate its program in lieu of the federal
program. Iowa's 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 there is significant interest.
DATES: The public may submit written comments on EPA's tentative
determination until September 8, 1994. EPA expects to make a final
decision on whether or not to approve Iowa's program by November 7,
1994, and will give notice of it in the Federal Register. Any request
for a hearing and all comments on Iowa's final approval application
must be received at the EPA Region 7 office by the close of business on
September 8, 1994.
ADDRESSES: Comments should be sent to Lee Daniels, Coordinator,
Underground Storage Tank Section, EPA Region 7, 726 Minnesota Ave.,
Kansas City, Kansas, 66101. Phone: (913) 551-7651. Copies of Iowa's
program application are available during business hours at the
following addresses for inspection and copying: Iowa Department of
Natural Resources, Wallace State Office Building, Des Moines, Iowa,
Phone: (515) 281-8779; U.S. EPA Headquarters, Library, Room 211A, 401 M
Street, SW., Washington, DC 20460, Phone: (202) 382-5926; and U.S. EPA
Region 7 Library, 726 Minnesota Ave., Kansas City, Kansas 66101, Phone:
(913) 551-7266.
FOR FURTHER INFORMATION CONTACT: Lee Daniels, Coordinator, Underground
Storage Tank Section, EPA Region 7, 726 Minnesota Ave., Kansas City,
Kansas, 66101. Phone: (913) 551-7651.
SUPPLEMENTARY INFORMATION:
Public Comments and Hearings
EPA will consider all public comments on its tentative
determination received during the public comment period or at a public
hearing, if held. Issues raised by those comments may be the basis for
a decision to deny final approval to Iowa. EPA will announce its final
determination in a Federal Register notice which will include a summary
of the reasons for the determination and a response to all major
comments. A public hearing will be held only if significant public
interest on substantive issues is shown. If a public hearing is held,
all those making comments or requesting a hearing will be notified by
EPA of the place and time.
A. Background
Section 9004 of the Resource Conservation and Recovery Act (RCRA)
enables EPA to approve state UST programs to operate in the State in
lieu of the Federal UST program. Program approval is granted by EPA if
the Agency finds that the state program is (1) ``no less stringent''
than the Federal program in leak detection, maintaining records,
release reporting, corrective action, tank closure, financial
responsibility, new tank standards and the 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. Iowa
The statute authorizing Iowa's Underground Storage Tank Program is
set forth in Division IV, Part 8 of Iowa Code Chapter 455B, entitled
``Underground Storage Tanks.'' Part 8 consists of Code Sections
455B.471 through 455.479 and is the statute the State of Iowa relies on
to obtain authorization for this program. In addition to its statutory
authority, The Environmental Protection Commission of the Department of
Natural Resources has adopted the federal regulations essentially
verbatim. The rules differ in certain instances as a result of
statutory requirements peculiar to Iowa's program, however, it is the
opinion of the Iowa Attorney General that these differences do not
render inadequate the State's authority to carry out this program. The
program includes standards for: new tanks, upgrading existing tanks,
general operating requirements, release detection, release reporting,
corrective action, tank closure, financial responsibility and
notification requirements.
On March 17, 1994, Iowa submitted an official application for
``complete'' program approval. On April 25, 1994, Iowa submitted H.F.
2118 which amended Iowa Code Sec. 455B.471(6) for inclusion in the
application. This bill amended the definition of an ``owner'' of an
underground storage tank and provided the conditions under which a
``lender'' might be exempted from that definition. Also, on June 7,
1994 Iowa modified its' application so that it is not seeking
authorization over Indian lands. Together, these comprise the Iowa
application. The Iowa program provides for regulation of both petroleum
and hazardous substance tanks. Iowa also regulates farm/residential
tanks of 1,100 gallons or less capacity. However, this part of the Iowa
program is broader in scope than the Federal program and is not
included in this tentative approval. Prior to its submission, Iowa
provided an opportunity for public notice and comment in the
development of its underground storage tank program as required under
40 CFR Sec. 281.50(b). EPA has reviewed Iowa's application and has
tentatively determined that the State's program meets all of the
necessary requirements to qualify for final approval. Consequently, EPA
intends to grant Iowa final approval to operate its program in lieu of
the Federal program.
The public may submit comments regarding EPA's tentative
determination as provided in the ``Dates'' section of this notice.
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 Iowa'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 14, 1994.
Dennis Grams, P.E.,
Regional Administrator.
[FR Doc. 94-19184 Filed 8-8-94; 8:45 am]
BILLING CODE 6560-50-P
