[Federal Register Volume 61, Number 155 (Friday, August 9, 1996)]
[Rules and Regulations]
[Pages 41507-41510]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-20366]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 282
[FRL-5543-5]
Underground Storage Tank Program: Approved State Program for
Connecticut
AGENCY: Environmental Protection Agency (EPA).
ACTION: Immediate final rule.
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SUMMARY: The Resource Conservation and Recovery Act of 1976, as amended
(RCRA), authorizes the Environmental Protection Agency (EPA) to grant
approval to states to operate their underground storage tank programs
in lieu of the federal program. 40 CFR Part 282 codifies EPA's decision
to approve state programs and incorporates by reference those
provisions of the state statutes and regulations that will be subject
to EPA's inspection and enforcement authorities under Sections 9005 and
9006 of RCRA Subtitle I and other applicable statutory and regulatory
provisions. This rule codifies
[[Page 41508]]
in 40 CFR Part 282 the prior approval of Connecticut's underground
storage tank program and incorporates by reference appropriate
provisions of state statutes and regulations.
DATES: This regulation is effective October 8, 1996, unless EPA
publishes a prior Federal Register notice withdrawing this immediate
final rule. All comments on the codification of Connecticut's
underground storage tank program must be received by the close of
business September 9, 1996. The incorporation by reference of certain
publications listed in the regulations is approved by the Director of
the Federal Register, as of October 8, 1996, in accordance with 5
U.S.C. 552(a).
ADDRESSES: Comments may be mailed to the Docket Clerk (Docket No. UST
5-4), Underground Storage Tank Program, HBO, U.S. EPA-New England,
J.F.K. Federal Building, Boston, MA 02203-2211. Comments received by
EPA may be inspected in the public docket, located in the Office of
Site Remediation & Restoration Record Center, 90 Canal St., Boston, MA
02203 from 9 a.m. to 4 p.m., Monday through Friday, excluding federal
holidays.
FOR FURTHER INFORMATION CONTACT: Jonathan Walker, Underground Storage
Tank Program, HBO, U.S. EPA-New England, J.F.K. Federal Building,
Boston, MA 02203-2211. Phone: (617) 573-9602.
SUPPLEMENTARY INFORMATION:
Background
Section 9004 of the Resource Conservation and Recovery Act of 1976,
as amended, (RCRA), 42 U.S.C. 6991c, allows the U.S. Environmental
Protection Agency to approve state underground storage tank programs to
operate in the state in lieu of the federal underground storage tank
program. EPA published a Federal Register document announcing its
decision to grant approval to Connecticut. (60 FR 34879, July 5, 1995).
Approval was effective on August 4, 1995.
EPA codifies its approval of state programs in 40 CFR Part 282 and
incorporates by reference therein the state statutes and regulations
that will be subject to EPA's inspection and enforcement authorities
under Sections 9005 and 9006 of Subtitle I of RCRA, 42 U.S.C. 6991d and
6991e, and other applicable statutory and regulatory provisions.
Today's rulemaking codifies EPA's approval of the Connecticut
underground storage tank program. This codification reflects only the
state underground storage tank program in effect at the time EPA
granted Connecticut approval under section 9004(a), 42 U.S.C. 6991c(a).
EPA provided notice and opportunity for comment earlier during the
Agency's decision to approve the Connecticut program. EPA is not now
reopening that decision nor requesting comment on it.
Codification provides clear notice to the public of the scope of
the approved program in each state. By codifying the approved
Connecticut program and by amending the Code of Federal Regulations
whenever a new or different set of requirements is approved in
Connecticut, the status of federally approved requirements of the
Connecticut program will be readily discernible. Only those provisions
of the Connecticut underground storage tank program for which approval
has been granted by EPA will be incorporated by reference for
enforcement purposes.
To codify EPA's approval of Connecticut's underground storage tank
program, EPA has added Section 282.56 to Title 40 of the Code of
Federal Regulations. Section 282.56 incorporates by reference for
enforcement purposes the state's statutes and regulations. Section
282.56 also references the Attorney General's Statement, Demonstration
of Adequate Enforcement Procedures, the Program Description, and the
Memorandum of Agreement, which are approved as part of the underground
storage tank program under Subtitle I of RCRA.
The Agency retains the authority under Sections 9005 and 9006 of
Subtitle I of RCRA, 42 U.S.C. 6991d and 6991e, and other applicable
statutory and regulatory provisions to undertake inspections and
enforcement actions in approved states. With respect to such an
enforcement action, EPA will rely on federal sanctions, federal
inspection authorities, and federal procedures rather than the state
authorized analogs to these provisions. Therefore, the approved
Connecticut enforcement authorities will not be incorporated by
reference. Forty CFR Section 282.56 lists those approved Connecticut
authorities that would fall into this category.
The public also needs to be aware that some provisions of
Connecticut's underground storage tank program are not part of the
federally approved state program. These include:
Section 22a-449(d)-1, Control of the Nonresidential
Underground Storage and Handling of Oil and Petroleum Liquids; and,
Requirements, including those for registration and
permanent closure, for tanks greater than 2,100 gallons containing
heating oil consumed on the premises where stored.
These non-approved provisions are not part of the RCRA Subtitle I
program, because they are ``broader in scope'' than Subtitle I of RCRA.
See 40 CFR 281.12(a)(3)(ii). As a result, state provisions which are
``broader in scope'' than the federal program are not incorporated by
reference for purposes of enforcement in 40 CFR part 282 or included as
part of this codification. Included under CFR 282.56 for purposes of
reference and clarity is a list of those Connecticut statutory and
regulatory provisions which are ``broader in scope'' than the federal
program. ``Broader in scope'' provisions cannot be enforced by EPA. The
State, however, will continue to enforce such provisions.
Certification Under the Regulatory Flexibility Act
EPA has determined that this codification will not have a
significant economic impact on a substantial number of small entities.
Such small entities which own and/or operate USTs are already subject
to the state requirements authorized by EPA under 40 CFR Part 281.
EPA's codification does not impose any additional burdens on these
small entities. This is because EPA's codification would simply result
in an administrative change, rather than a change in the substantive
requirements imposed on small entities. Moreover, this codification
will eliminate any confusion that owners and operators of USTs in
[State] may have regarding which set of requirements they must comply
with in Connecticut.
Therefore, EPA provides the following certification under the
Regulatory Flexibility Act, as amended by the Small Business Regulatory
Enforcement Fairness Act. Pursuant to the provision at 5 U.S.C. 605(b),
I hereby certify that this codification will not have a significant
economic impact on a substantial number of small entities. This
codification incorporates Connecticut's requirements, which have been
authorized by EPA under 40 CFR Part 281, into the Code of Federal
Regulations, thereby eliminating any confusion over the applicable
requirements for owners and operators of USTs in Connecticut. It does
not impose any new burdens on small entities. This rule, therefore,
does not require a regulatory flexibility analysis.
Submission to Congress and the General Accounting Office
Under section 801(a)(1)(A) of the Administrative Procedure Act
(APA) as amended by the Small Business Regulatory Enforcement Fairness
Act of 1996, EPA submitted a report containing this rule and other
required information to the U.S. Senate, the U.S. House of
[[Page 41509]]
Representatives and the Comptroller General of the General Accounting
Office prior to publication of the rule in today's Federal Register.
This rule is not a ``major rule'' as defined by section 804(2) of the
APA as amended.
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.
Paperwork Reduction Act
Under the Paperwork Reduction Act, 44 U.S.C. 3501 et seq., Federal
agencies must consider the paperwork burden imposed by any information
request contained in a proposed or final rule. This rule will not
impose any information requirements upon the regulated community.
List of Subjects in 40 CFR Part 282
Environmental protection, Hazardous substances, Incorporation by
reference, Intergovernmental relations, State program approval,
Underground storage tanks, Water pollution control.
Dated: May 10, 1996.
John P. DeVillars,
Regional Administrator.
For the reasons set forth in the preamble, 40 CFR part 282 is
amended as follows:
PART 282--APPROVED UNDERGROUND STORAGE TANK PROGRAMS
1. The authority citation for part 282 continues to read as
follows:
Authority: 42 U.S.C. 6912, 6991c, 6991d, and 6991e.
Subpart B--Approved State Programs
2. Subpart B is amended by adding Sec. 282.56 to read as follows:
Sec. 282.56 Connecticut State-Administered Program.
(a) The State of Connecticut is approved to administer and enforce
an underground storage tank program in lieu of the federal program
under Subtitle I of the Resource Conservation and Recovery Act of 1976
(RCRA), as amended, 42 U.S.C. 6991 et seq. The State's program, as
administered by the Connecticut Department of Environmental Protection,
was approved by EPA pursuant to 42 U.S.C. 6991c and 40 CFR part 281.
EPA approved the Connecticut program on June 27, 1995, and the approval
was effective on August 4, 1995.
(b) Connecticut has primary responsibility for enforcing its
underground storage tank program. However, EPA retains the authority to
exercise its inspection and enforcement authorities under Sections 9005
and 9006 of Subtitle I of RCRA, 42 U.S.C. 6991d and 6991e, as well as
under other statutory and regulatory provisions.
(c) To retain program approval, Connecticut must revise its
approved program to adopt new changes to the federal Subtitle I program
which make it more stringent, in accordance with Section 9004 of RCRA,
42 U.S.C. 6991c, and 40 CFR part 281, subpart E. If Connecticut obtains
approval for the revised requirements pursuant to Section 9004 of RCRA,
42 U.S.C. 6991c, the newly approved statutory and regulatory provisions
will be added to this subpart and notice of any change will be
published in the Federal Register.
(d) Connecticut has final approval for the following elements
submitted to EPA in Connecticut's program application for final
approval EPA and approved by EPA on June 27, 1995, effective on August
4, 1995. Copies may be obtained from the Underground Storage Tank
Program, Connecticut Department of Environmental Protection, 79 Elm
Street, Hartford, CT 06106. The elements are listed as follows:
(1) State statutes and regulations. (i) The provisions cited in
this paragraph are incorporated by reference as part of the underground
storage tank program under Subtitle I of RCRA, 42 U.S.C. 6991 et seq.
(A) Connecticut Statutory Requirements Applicable to the
Underground Storage Tank Program, 1996.
(B) Connecticut Regulatory Requirements Applicable to the
Underground Storage Tank Program, 1996.
(ii) The following statutes and regulations are part of the
approved state program, although not incorporated by reference herein
for enforcement purposes.
(A) The statutory provisions include:
(1) Legal Authorities for Compliance Monitoring and Inspections.
Connecticut General Statutes, Sections 22a-6(a)(5), 22a-336, 54-33a.
(2) Legal Authorities for Enforcement Response. Connecticut 22a-
430(d), 22a-431, 22a-432, 22a-433, 22a-435, 22a-438, 52-471, 52-473,
52-474, 52-480 and 52-481.
(3) Public Participation in the State Enforcement Process.
Connecticut General Statutes, Sections 4-177a, 22a-6, 22a-16, 22a-18,
22a-19, 52-107, and 52-474.
(B) Regulatory provisions include: Public Participation in the
State Enforcement Process. (R.C.S.A.) Sections 22a-3a-6-(k).
(iii) The following statutory and regulatory provisions are broader
in scope than the federal program, are not part of the approved
program, and are not incorporated by reference herein for enforcement
purposes:
(A) Section 22a-449(d)-1 of the Regulations of Connecticut State
Agencies for the Control of the Nonresidential Underground Storage and
Handling of Oil and Petroleum Liquids; and
(B) Requirements, including those for registration and permanent
closure, for tanks greater than 2,100 gallons containing heating oil
consumed on the premises where stored.
(2) Statement of legal authority. (i) ``Attorney General's
Statement for Final Approval,'' signed by the Attorney General of
Connecticut on December 21, 1994, though not incorporated by reference,
is referenced as part of the State's approved underground storage tank
program under Subtitle I of RCRA, 42 U.S.C. 6991 et seq.
(ii) Letter from the Attorney General of Connecticut to EPA,
December 21, 1994, though not incorporated by reference, is referenced
as part of the State's approved underground storage tank program under
Subtitle I of RCRA, 42 U.S.C. 6991 et seq.
(3) Demonstration of procedures for adequate enforcement. The
``Demonstration of Procedures for Adequate Enforcement'' submitted as
part of the original application in December 1994, though not
incorporated by reference, is referenced as part of the State's
approved underground storage tank program under Subtitle I of RCRA, 42
U.S.C. 6991 et seq.
(4) Program Description. The program description and any other
material submitted as part of the original application in December
1994, though not incorporated by reference, are referenced as part of
the approved underground storage tank program under Subtitle I of RCRA,
42 U.S.C. 6991 et seq.
(5) Memorandum of Agreement. On October 16, 1995, EPA and the
Connecticut Department of Environmental Protection signed the
Memorandum of Agreement. Though not incorporated by reference, the
Memorandum of Agreement is referenced as part of the approved
underground storage tank program under Subtitle I of RCRA, 42 U.S.C.
6991 et seq.
[[Page 41510]]
3. Appendix A to 40 CFR part 282 is amended by adding in
alphabetical order ``Connecticut'' and its listing as follows:
Appendix A to Part 282--State Requirements Incorporated by
Reference in Part 282 of the Code of Federal Regulations
* * * * *
Connecticut
(a) The statutory provisions include Connecticut's General
Statutes, Chapter 446k, Section 22a-449(d), Duties and Powers of
Commissioner, January 1, 1995.
(b) The regulatory provisions include Regulations of Connecticut
State Agencies (``R.C.S.A.'') Sections 22a-449(d)-101 through 113,
Underground Storage Tank System Management, July 28, 1994:
Section 22a-449(d)-101 Technical Standards and Corrective Action
Requirements for Owners and Operators of Underground Storage Tanks--
Program Scope and Interim Prohibition
(a) Applicability of Sections 22a-449(d)-101 through 22a-449(d)-
113.
(b) Interim Prohibition for deferred UST systems.
(c) General.
(d) Definition.
Section 22a-449(d)-102 UST Systems: Design, Construction,
Installation, and Notification
(a) Performance standards for new UST systems.
(b) Notification Requirements.
Section 22a-449(d)-103 General Operating Requirements
(a) Spill and overflow control.
(b) Operating and maintenance of corrosion protection.
(c) Compatibility.
(d) Repairs allowed.
(e) Reporting and recordkeeping.
Section 22a-449(d)-104 Release Detection
(a) General requirements for all UST systems.
(b) Additional requirements.
(c) Requirements for petroleum UST systems.
(d) Requirements for hazardous substance UST systems.
(e) Methods of release detection for tanks.
(f) Methods of release detection for piping.
(g) Release detection recordkeeping.
Section 22a-449(d)-105 Release Reporting, Investigation, and
Confirmation
(a) Reporting of suspected releases.
(b) Investigation due to off-site impacts.
(c) Release investigation and confirmation steps.
(d) Reporting and cleanup of spills and overfills.
Section 22a-449(d)-106 Release Response and Corrective Action for UST
Systems Containing Petroleum or Hazardous Substances
(a) General.
(b) Additional requirements.
(c) Initial response.
(d) Initial abatement measures and site check.
(e) Initial site characterization.
(f) Free product removal.
(g) Investigations for soil and ground-water cleanup.
(h) Corrective action plan.
(i) Public participation.
Section 22a-449(d)-107 Out-of-service UST Systems and Closure
(a) Temporary closure.
(b) Permanent closure.
(c) Assessing the site at closure.
(d) Applicability to previously closed UST systems.
(e) Closure records.
Section 22a-449(d)-108 Reserved
Section 22a-449(d)-109 Financial Responsibility
(a) Applicability.
(b) Compliance dates.
(c) Definition of terms.
(d) Amount and scope of required financial responsibility.
(e) Allowable mechanisms and combinations of mechanisms.
(f) Financial test of self-insurance.
(g) Guarantee.
(h) Insurance risk retention group coverage.
(i) Surety bond.
(j) Letter of credit.
(k) Use of state-required mechanism.
(l) State fund and other state assurance.
(m) Trust fund.
(n) Standby trust fund.
(o) Substitution of financial assurance mechanisms by owner or
operator.
(p) Cancellation or non-renewal by a provider of financial
assurance.
(q) Reporting by owner or operator.
(r) Record keeping.
(s) Drawing of financial assurance mechanisms.
(t) Release from the requirements.
(u) Bankruptcy or other incapacity of owner or operator or
provider of financial assurance.
(v) Replenishment of guarantees, letters of credit, or, surety
bonds.
(w) Suspension of enforcement [reserved].
(x) 40 CFR Part 280 Appendix I is incorporated by reference, in
its entirety.
(y) Appendix II to 40 CFR Part 280--List of Agencies Designed to
Receive Notification.
(z) Appendix III to 40 CFR Part 280--Statement for Shipping
Tickets and Invoices.
Section 22a-449(d)-110 UST system upgrading, abandonment and removal
date
(a) Petroleum UST system of which construction or installation
began prior to November 1, 1985.
(b) Hazardous substance UST system of which construction or
installation began prior to December 22, 1988.
(c) UST systems which comply with the standards specified in
subsection 22a-449(d)-102(a) of these regulations.
Section 22a-449(d)-111 Life Expectancy
(a) How life expectancy determinations shall be conducted
(b) Life expectancy shall be as follows:
(c) The life expectancy of an UST system component.
Section 22a-449(d)-112 UST System Location Transfer
Section 22a-449(d)-113 Transfer of UST System Ownership, Possession,
or Control
(a) Disclosure to transferee.
(b) Information submitted to the commissioner pursuant to
section 22a-449(d)-102 of these regulations.
[FR Doc. 96-20366 Filed 8-8-96; 8:45 am]
BILLING CODE 6560-50-P
