[Federal Register Volume 59, Number 107 (Monday, June 6, 1994)] [Unknown Section] [Page 0] From the Federal Register Online via the Government Publishing Office [www.gpo.gov] [FR Doc No: 94-13665] [[Page Unknown]] [Federal Register: June 6, 1994] ----------------------------------------------------------------------- ENVIRONMENTAL PROTECTION AGENCY 40 CFR Part 281 [FRL-4893-2] Kansas; Final Approval of State Underground Storage Tank Program AGENCY: Environmental Protection Agency. ACTION: Notice of final determination on Kansas' application for final approval. ----------------------------------------------------------------------- SUMMARY: The State of Kansas has applied for final approval of its underground storage tank (UST) program under subtitle I of the Resource Conservation and Recover Act (RCRA). The Environmental Protection Agency (EPA) has reviewed Kansas' application and has reached a final determination that Kansas' underground storage tank program satisfies all of the requirements necessary to qualify for final approval. Thus, EPA is granting final approval to the State of Kansas to operate its program. EFFECTIVE DATE: Final approval for Kansas shall be effective at 1 p.m. eastern time on July 6, 1994. 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: 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. To qualify for final authorization, a state's program must: (1) Be ``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) of RCRA, 42 U.S.C. 6991c(a)(8); and (2) provide for adequate enforcement (Section 9004(a) of RCRA, 42 U.S.C. 6991c(a)). On September 1, 1994, Kansas submitted an application for ``complete'' program approval which includes regulation of both petroleum and hazardous substance tanks. Kansas also regulates heating oil tanks with the exception of tanks used to store heating oil for consumptive use at a single family residence. However, this part of the Kansas program is broader in scope than the Federal program and is not included in this final approval. On March 2, 1994, EPA published a tentative decision announcing its intent to grant Kansas final approval. Further background on the tentative decision to grant approval appears at 59 FR 9950, March 2, 1994. Along with the tentative determination, EPA announced the availability of the application for public comment. Also, EPA provided notice that a public hearing would be provided only if significant public interest on substantive issues was shown. EPA received no comments on the application and no request for a public hearing, therefore, a public hearing was not held. B. Decision I conclude that the State of Kansas' application for final approval meets all the statutory and regulatory requirements established by subtitle I of RCRA. Accordingly, Kansas is granted final approval to operate its UST program. The State of Kansas now has the responsibility for managing all regulated UST facilities within its borders and carrying out all aspects of the UST program except with regard to Indian lands, where EPA will retain and otherwise exercise regulatory authority. Kansas 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. 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. This approval effectively suspends the applicability of certain Federal regulations in favor of Kansas' 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, Underground storage tanks. Authority: This action is issued under the authority of sections 2002(a), 7004(b), and 9004 of the Solid Waste Disposal Act as amended, 42 U.S.C. 6912(a), 6974(b), and 6991c. Dated: April 29, 1994. William Rice, Acting Regional Administrator. [FR Doc. 94-13665 Filed 6-3-94; 8:45 am] BILLING CODE 6560-50-F