[Federal Register Volume 60, Number 176 (Tuesday, September 12, 1995)]
[Rules and Regulations]
[Pages 47300-47302]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-22487]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 282
[FRL-5277-6]
Underground Storage Tank Program: Approved State Program for
Vermont
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 U.S. Environmental Protection Agency (EPA) to
grant approval to states to operate their underground storage tank
programs in lieu of the federal program. Forty 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 in 40 CFR part 282 the prior
approval of Vermont's underground storage tank program and incorporates
by reference appropriate provisions of state statutes and regulations.
DATES: This regulation is effective November 13, 1995, unless EPA
publishes a prior Federal Register document withdrawing this immediate
final rule. All comments on the codification of Vermont's underground
storage tank program must be received by the close of business October
12, 1995. The incorporation by reference of certain publications listed
in the regulations is approved by the Director of the Federal Register,
as of November 13, 1995, in accordance with 5 U.S.C. 552(a).
ADDRESSES: Comments may be mailed to the Docket Clerk (Docket No. UST
5-1), Underground Storage Tank Program, HPU-CAN7, U.S. EPA Region I,
JFK Federal Building, Boston, MA 02203-2211. Comments received by EPA
may be inspected in the public docket, located in the Waste Management
Division 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: Joan Coyle, Underground Storage Tank
Program, HPU-CAN7, U.S. EPA Region I, JFK Federal Building, Boston, MA
02203-2211. Phone: (617) 573-9667.
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 Vermont. (57 FR 186, January 3, 1992).
Approval was effective on February 3, 1992.
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 Vermont underground
storage tank program. This codification reflects only the state
underground storage tank program in effect at the time EPA granted
Vermont 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 Vermont 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 Vermont
program and by amending the Code of Federal Regulations whenever a new
or different set of requirements is approved in Vermont, the status of
federally approved requirements of the Vermont program will be readily
discernible. Only those provisions of the Vermont 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 Vermont's underground storage tank
program, EPA has added Section 282.95 to Title 40 of the CFR. Section
282.95 incorporates by reference for enforcement purposes the state's
statutes and regulations. Section 282.95 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 Vermont
enforcement authorities will not be incorporated by reference. Forty
CFR Sec. 282.95 lists those approved Vermont authorities that would
fall into this category.
The public also needs to be aware that some provisions of Vermont's
underground storage tank program are not part of the federally approved
state program. These are:
Registration requirements for tanks greater than 1,100
gallons containing heating oil consumed on the premises where stored;
and
Permanent closure requirements for tanks greater than
1,100 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 part 282. Section 282.95 of
the codification simply lists for reference and clarity the Vermont
statutory and regulatory provisions which are ``broader in scope'' than
the federal program and which are not, therefore, part of the approved
program being codified today. ``Broader in scope'' provisions cannot be
enforced by EPA. The State, however, will continue to enforce such
provisions.
Certification Under the Regulatory Flexibility Act
This rule codifies the decision already made (57 FR 186, Jan. 3,
1992) to approve the Vermont underground storage tank program and thus
has no separate effect. Therefore, this rule does not require a
regulatory flexibility analysis. Thus, pursuant to Section 605(b) of
the Regulatory Flexibility Act, 5 U.S.C. 605(b), I hereby certify that
this rule will not have a significant economic impact on a substantial
number of small entities.
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.
[[Page 47301]]
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: July 20, 1995.
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.
2. Subpart B is amended by adding Sec. 282.95 to read as follows:
Subpart B--Approved State Programs
Sec. 282.95 Vermont State-Administered Program.
(a) The State of Vermont 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 Vermont Department of Environmental Conservation,
was approved by EPA pursuant to 42 U.S.C. 6991c and 40 CFR part 281.
EPA approved the Vermont program on January 3, 1992, and the approval
was effective on February 3, 1992.
(b) Vermont 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, Vermont 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 Vermont 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) Vermont has final approval for the following elements submitted
to EPA in Vermont's program application for final approval and approved
by EPA on January 3, 1992. Copies may be obtained from the Underground
Storage Tank Program, Vermont Department of Environmental Conservation,
103 South Main Street, West Building, Waterbury, VT 05671-0404. The
elements are listed below:
(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) Vermont Statutory Requirements Applicable to the Underground
Storage Tank Program, 1995.
(B) Vermont Regulatory Requirements Applicable to the Underground
Storage Tank Program, 1995.
(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: Title 10 Vermont Statutes
Annotated, Chapter 59, Sections 1931 through 1935.
(B) The regulatory provisions include: Vermont Environmental
Protection Rules, Chapter 8, Sections 104 through 106.
(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) Title 10 Vermont Statutes Annotated, Chapter 59, Section 1929,
insofar as it refers to registration requirements for tanks greater
than 1,100 gallons containing heating oil consumed on the premises
where stored.
(B) Vermont Environmental Protection Rules, Chapter 8, Section 301,
registration requirements, and Section 605(2), permanent closure
requirements, insofar as they refer to tanks greater than 1,100 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
Vermont on April 11, 1991, though not incorporated by reference, is
referenced as part of the approved underground storage tank program
under Subtitle I of RCRA, 42 U.S.C. 6991 et seq.
(ii) Letter from the Attorney General of Vermont to EPA, April 11,
1991, though not incorporated by reference, is referenced as part of
the 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 May 1991, though not incorporated
by reference, is referenced as part of the 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 May 1991,
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 March 2, 1992, EPA and the Vermont
Department of Environmental Conservation 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.
3. Appendix A to part 282 is amended by adding in alphabetical
order ``Vermont'' and its listing.
Appendix A to Part 282--State Requirements Incorporated by
Reference in Part 282 of the Code of Federal Regulations
* * * * *
Vermont
(a) The statutory provisions include Vermont Statutes Annotated,
1992, Chapter 59. Underground Liquid Storage Tanks:
Section 1921 Purpose.
Section 1922 Definitions.
Section 1923 Notice of New or Existing Underground Storage Tank.
Section 1924 Integrity Report.
Section 1925 Notice in Land Records.
Section 1926 Unused and Abandoned Tanks.
Section 1927 Regulation of Category One Tanks.
Section 1928 Regulation of Large Farm and Residential Motor Fuel
Tanks.
Section 1930 Implementation; Coordination.
Section 1936 Licensure of Tank Inspectors.
[[Page 47302]]
Section 1938 Underground Storage Tank Trust Fund.
Section 1939 Risk Retention Pool.
Section 1940 Underground Storage Tank Incentive Program.
Section 1941 Petroleum Cleanup Fund.
Section 1942 Petroleum Distributor Licensing Fee.
Section 1943 Petroleum Tank Assessment.
Section 1944 Underground Storage Tank Loan Assistance Program.
(b) The regulatory provisions include State of Vermont, Agency
of Natural Resources, Underground Storage Tank Regulations, February
1, 1991:
(1) Subchapter 1: General.
Section 8-101 Purpose.
Section 8-102 Applicability.
Section 8-103 Severability.
(2) Subchapter 2: Definitions.
Section 8-201 Definitions.
(3) Subchapter 3: Notification and Permits.
Section 8-301 Notification, except for the following words in
section 8-301(1), ``Notification is also required for any tank used
exclusively for on-premises heating that is greater than 1100
gallons in size.''
Section 8-302 Permits.
Section 8-303 Financial Responsibility Requirements.
Section 8-304 Petroleum Tank Assessment.
Section 8-305 Innovative Technology.
(4) Subchapter 4: Minimum Standards for New and Replacements Tanks
and Piping.
Section 8-401 General Requirements.
Section 8-402 Tanks--Design and Manufacturing Standards.
Section 8-403 Tanks--Secondary Containment.
Section 8-404 Tanks--Release Detection.
Section 8-405 Piping--Design and Construction.
Section 8-406 Compatibility.
Section 8-407 Spill and Overfill Prevention Equipment.
Section 8-408 Installation.
(5) Subchapter 5: Minimum Operating Standards for Existing Tanks and
Piping.
Section 8-501 General Requirements.
Section 8-502 Spill and Overfill Prevention.
Section 8-503 Corrosion Protection of Metallic Components.
Section 8-504 Release Detection.
Section 8-505 Compatibility.
Section 8-506 Repairs.
(6) Subchapter 6: Reporting, Investigation, Corrective Action and
UST Closure.
Section 8-601 General Requirement, except for the following
words, ``Heating oil tanks greater than 1100 gallons capacity used
exclusively for on-premise heating purposes are subject to the
requirements for permanent closure in accordance with subsection 8-
605(2).''
Section 8-602 Reporting.
Section 8-603 Release Investigation and Confirmation.
Section 8-604 Corrective Action.
Section 8-605 Closure of USTs.
Appendix A Groundwater Monitoring Requirements.
Appendix B Inventory Monitoring Procedures.
Appendix C Procedures for Manual Tank Gauging.
Appendix D Installation Requirements Applicable to New and
Replacement UST Systems.
[FR Doc. 95-22487 Filed 9-11-95; 8:45 am]
BILLING CODE 6560-50-P
