[Federal Register Volume 59, Number 186 (Tuesday, September 27, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-23600]
[[Page Unknown]]
[Federal Register: September 27, 1994]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 282
[FRL-5074-6]
Underground Storage Tank Program: Approved State Program for
Kansas
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. 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 in part 282 the prior approval of
Kansas' underground storage tank program and incorporates by reference
appropriate provisions of state statutes and regulations.
DATES: This regulation is effective November 28, 1994, unless EPA
publishes a prior Federal Register notice withdrawing this immediate
final rule. All comments on the codification of Kansas' underground
storage tank program must be received by the close of business October
27, 1994. The incorporation by reference of certain publications listed
in the regulations is approved by the Director of the Federal Register,
as of November 28, 1994, in accordance with 5 U.S.C. 552(a).
ADDRESSES: Comments may be mailed to WSTM/RCRA/STPG, Underground
Storage Tank Program, U.S. EPA Region 7, 726 Minnesota Ave., Kansas
City, Kansas, 66101. Comments received by EPA may be inspected at the
above address from 9 a.m. to 4 p.m., Monday through Friday, excluding
federal holidays.
FOR FURTHER INFORMATION CONTACT: Lee Daniels, Underground Storage Tank
Program, U.S. EPA Region 7, 726 Minnesota Ave., Kansas City, Kansas,
66101. Phone: (913) 551-7651.
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 Kansas. (59 FR 29201 June 6, 1994).
Approval was effective on July 6, 1994.
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 Kansas underground
storage tank program. This codification reflects the state program in
effect at the time EPA granted Kansas approval under section 9004(a),
42 U.S.C. 6991c(a) for its underground storage tank program. Notice and
opportunity for comment were provided earlier on the Agency's decision
to approve the Kansas program, and EPA is not now reopening that
decision nor requesting comment on it.
This effort provides clear notice to the public of the scope of the
approved program in each state. By codifying the approved Kansas
program and by amending the Code of Federal Regulations whenever a new
or different set of requirements is approved in Kansas, the status of
federally approved requirements of the Kansas program will be readily
discernible. Only those provisions of the Kansas 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 Kansas' underground storage tank
program, EPA has added Sec. 282.66 to title 40 of the CFR. Section
282.66 incorporates by reference for enforcement purposes the State's
statutes and regulations. Section 282.66 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, the Agency will rely on federal sanctions, federal
inspection authorities, and federal procedures rather than the state
authorized analogs to these provisions. Therefore, the approved Kansas
enforcement authorities will not be incorporated by reference. Section
282.66 lists those approved Kansas authorities that would fall into
this category.
The public also needs to be aware that some provisions of the
State's underground storage tank program are not part of the federally
approved state program. 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 282.66 of the codification simply lists for reference and
clarity the Kansas 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 (59 FR 29201 June 6,
1994) to approve the Kansas 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.
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: August 23, 1994.
Dennis Grams,
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 section 282.66 to read as
follows:
Sec. 282.66 Kansas State-Administered Program.
(a) The State of Kansas 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 Kansas Department of Health and Environment, was
approved by EPA pursuant to 42 U.S.C. 6991c and part 281 of this
Chapter. EPA approved the Kansas program on June 6, 1994 and it was
effective on July 6, 1994.
(b) Kansas 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, Kansas 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 Kansas 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) Kansas has final approval for the following elements submitted
to EPA in Kansas' program application for final approval and approved
by EPA on June 6, 1994. Copies may be obtained from the Underground
Storage Tank Program, Kansas Department of Health and Environment,
Forbes Field, Building 740, Topeka, Kansas, 66620-0001.
(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) Kansas Statutory Requirements Applicable to the Underground
Storage Tank Program, 1994
(B) Kansas Regulatory Requirements Applicable to the Underground
Storage Tank Program, 1994
(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: Kansas Statutes Annotated,
Chapter 65, Public Health, Article 34, Kansas Storage Tank Act,
Sections 108, 109 and 113.
(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) Kansas Statutes Annotated, Chapter 65, Article 34, Sections
105(2) insofar as it applies to aboveground storage tanks, (8) insofar
as it applies to tank tightness tester qualifications, (11) & (12)
insofar as it applies to licensing tank installers and fees for these
licenses, (13) insofar as it applies to aboveground storage tanks; 106
insofar as it applies to aboveground storage tanks; 110 insofar as it
applies licensing of tank installers and contractors; 111 insofar as it
applies suspension of licenses; 112 insofar as it applies to agreements
between secretary and local governments; 114 & 114a insofar as it
applies to the storage tank release trust fund; 116 & 117 insofar as it
applies to the storage tank release fund; 118 insofar as it applies to
corrective action for aboveground storage tanks; 119-125 insofar as it
applies to the storage tank release fund; 126 & 127 insofar as it
applies to the third party liability insurance plan; 128 insofar as it
applies to the storage tank fee fund; 129 & 130 insofar as it applies
to the aboveground petroleum storage tank release trust fund.
(B) Kansas Department of Health and Environment Permanent
Administrative Regulations, Chapter 28, Article 44, Section 18 insofar
as it applies to registration of non-regulated underground storage
tanks; 20-22 insofar as they require underground storage tank
installers, tank tightness testers and contractors to be licensed;
23(b)(5) insofar as it applies to heating oil tanks.
(2) Statement of legal authority. (i) ``Attorney General's
Statement for Final Approval'', signed by the Attorney General of
Kansas on August 23, 1993, 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 Kansas to EPA, August 23,
1993, 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 September, 1993, 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 September
1993, 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. The Memorandum of Agreement between
EPA Region 7 and the Kansas Department of Health and Environment,
signed by the EPA Regional Administrator on April 29, 1994, 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. Appendix A to part 282 is amended by adding in alphabetical
order ``Kansas'' and its listing.
Appendix A to Part 282--State Requirements Incorporated by
Reference in Part 282 of the Code of Federal Regulations
* * * * *
Kansas
(a) The statutory provisions include Kansas Statutes Annotated,
1992; Chapter 65, Public Health; Article 34, Kansas Storage Tank
Act:
Section 100 Statement of legislative findings
Section 101 Citation of Act
Section 102 Definitions
Section 103 Exceptions to application of Act
Section 104 Notification
Section 105 Rules and regulations, except for 65-34, 105 (a)(2),
(a)(8), (a)(11), (a)(12) and the following words in (a)(13), ``and
aboveground storage tanks in existence on July 1, 1992'' and ``and
aboveground storage tanks placed in service prior to July 1, 1992''
Section 106 Permits to construct, install, modify, or operate
storage tank, except for the following words in 65-34, 106(a), ``and
any aboveground storage tank registered with the department on July
1, 1992''
Section 107 Evidence of financial responsibility required;
limitation of liability
Section 115 Liability for costs of corrective action
Section 118 Corrective action; duties of owners and operators;
duties of Secretary; consent agreement; contents, except for the
following words in 65-34, 118(b), ``or from the aboveground fund if
the release was from an aboveground petroleum storage tank.'' and
``or from the aboveground fund, if the release was from an
aboveground petroleum storage tank.''
(b) The regulatory provisions include Kansas Administrative
Regulations, 1992; Chapter 28, Department of Health and Environment;
Article 44, Petroleum Products Storage Tanks:
Section 12 General provisions
Section 13 Program scope and interim prohibition
Section 14 Definitions
Section 15 Application for installation or modification of an
underground storage tank
Section 16 Underground storage tank systems: design, construction,
installation and notification
Section 17 Underground storage tank operating permit
Section 19 General operating requirements
Section 23 Release detection, except for 28-44-23(b)(5)
Section 24 Release reporting, investigation, and confirmation
Section 25 Release response and corrective action for underground
storage tank systems containing petroleum or hazardous substances
Section 26 Out-of-service underground storage tank systems and
closure
Section 27 Financial responsibility
[FR Doc. 94-23600 Filed 9-26-94; 8:45 am]
BILLING CODE 6560-50-P
