[Federal Register Volume 76, Number 180 (Friday, September 16, 2011)]
[Rules and Regulations]
[Pages 57659-57661]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2011-23816]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 281
[EPA-R10-UST-2011-0097; FRL-9465-3]
Oregon: Final Approval of State Underground Storage Tank Program
AGENCY: Environmental Protection Agency (EPA).
ACTION: Final determination.
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SUMMARY: The State of Oregon has applied for final approval of its
underground storage tank program for petroleum and hazardous substances
under subtitle I of the Resource Conservation and Recovery Act (RCRA).
The United States Environmental Protection Agency (EPA) has reviewed
the State of Oregon's application and has made a final determination
that the State of Oregon's underground storage tank program for
petroleum and hazardous substances satisfies all of the requirements
necessary to qualify for final approval. Thus, EPA is granting final
approval to the State of Oregon to operate its underground storage tank
program for petroleum and hazardous substances.
DATES: Effective Date: Final approval for the State of Oregon shall be
effective on September 16, 2011.
FOR FURTHER INFORMATION CONTACT: Katherine Griffith, U.S. Environmental
Protection Agency, Region 10, 1200 Sixth Avenue, Suite 900, Mail Stop:
OCE-082, Seattle, WA 98101, phone number: (206) 553-2901, e-mail:
[email protected].
SUPPLEMENTARY INFORMATION:
I. Background
Section 9004 of the Resource Conservation and Recovery Act (RCRA),
42 U.S.C. 6991c, authorizes EPA to approve underground storage tank
programs to operate in the State in lieu of the federal underground
storage tank (UST) program. To qualify for final approval, a state's
program must be ``no less stringent'' than the federal program in all
eight elements set forth at section 9004(a)(1) through (7) and (9) of
RCRA, 42 U.S.C. 6991c(a)(1) through (7) and (9); include the
notification requirements of RCRA section 9004(a)(8) and provide for
adequate enforcement of compliance with UST standards (section 9004(a)
of RCRA, 42 U.S.C. 6991c(a)). Note that the Energy Policy Act of 2005
added state-specific operator training requirements as a state
[[Page 57660]]
program approval element in section 9004(a)(9). Although, EPA has not
yet established performance criteria in 40 CFR Part 281 for making a
no-less-stringent determination for the operator training element, EPA
finds Oregon's operator training requirements to be consistent with
Operator Training Grant Guidelines issued by EPA in 2007 and approves
Oregon's operator training requirements in today's approval. Also, note
that RCRA sections 9005 (on information-gathering) and 9006 (on Federal
enforcement) by their terms apply even in states with programs approved
by EPA under RCRA section 9004. Thus, the Agency retains its authority
under RCRA sections 9005 and 9006, 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 analogues to these provisions.
On July 19, 2010, the State of Oregon submitted an official
application to obtain final program approval to administer the
underground storage tank program for petroleum and hazardous
substances. On March 2, 2011, EPA published a tentative determination
announcing its intent to approve the State of Oregon's program. Further
background on the tentative decision to grant approval appears in the
Federal Register at 76 FR 11404 (March 2, 2011).
Along with the tentative determination, EPA announced the
availability of the application for public review and comment and the
date of a public hearing on the application. EPA requested advance
notice for testimony and reserved the right to cancel the public
hearing in the event of insufficient public interest. Since there was
no public request for a hearing, the public hearing was cancelled. No
public comments were received regarding EPA's tentative approval of
Oregon's underground storage tank program.
II. Final Decision
I conclude that the State of Oregon's application for program
approval meets all of the statutory and regulatory requirements
established by subtitle I of RCRA and 40 CFR part 281. Accordingly,
Oregon is granted final approval to operate its underground storage
tank program for petroleum and hazardous substances in lieu of the
federal underground storage tank program. Oregon has primary
enforcement responsibility for petroleum and hazardous underground
storage tanks, although EPA retains the right to conduct enforcement
actions for all regulated underground storage tanks under section 9006
of RCRA. This approval is subject to the terms and conditions set forth
in the State's application for approval (including, but not limited to,
the Memorandum of Agreement) and in the March 2, 2011 Federal Register
Oregon: Tentative Approval of State Underground Storage Tank Program.
This final determination to approve the Oregon program applies to all
areas within the State except for land in Indian Country. This includes
all lands within the exterior boundaries of the Grande Ronde, Klamath,
Siletz, Umatilla and Warm Springs Reservations; any land held in trust
by the United States for an Indian tribe, and any other lands that are
Indian Country within the meaning of 18 U.S.C. 1151.
III. Statutory and Executive Order (EO) Review
This rule only applies to Oregon's UST Program requirements
pursuant to RCRA Section 9004 and imposes no requirements other than
those imposed by State law. It complies with applicable EOs and
statutory provisions as follows:
A. Executive Order 12866
The Office of Management and Budget (OMB) has exempted this rule
from its review under Executive Order 12866.
B. Paperwork Reduction Act
This action does not impose an information collection burden under
the provisions of the Paperwork Reduction Act, 44 U.S.C. 3501 et seq.,
because this rule does not establish or modify any information or
recordkeeping requirements for the regulated community and only seeks
to authorize the pre-existing requirements under State law and imposes
no additional requirements beyond those imposed by State law. Burden
means the total time, effort, or financial resources expended by
persons to generate, maintain, retain, or disclose or provide
information to or for a Federal agency. This includes the time needed
to review instructions; develop, acquire, install, and utilize
technology and systems for the purposes of collecting, validating, and
verifying information, processing, and maintaining information, and
disclosing and providing information; adjust the existing ways to
comply with any previously applicable instructions and requirements;
train personnel to be able to respond to a collection of information;
search data sources; complete and review the collection of information;
and transmit or otherwise disclose the information. An Agency may not
conduct or sponsor, and a person is not required to respond to, a
collection of information unless it displays a currently valid OMB
control number. The OMB control numbers for EPA's regulations in Title
40 of the CFR are listed in 40 CFR part 9.
C. Regulatory Flexibility Act
The Regulatory Flexibility Act (RFA) generally requires Federal
agencies to prepare a regulatory flexibility analysis of any rule
subject to notice and comment rulemaking requirements under the
Administrative Procedure Act or any other statute unless the agency
certifies that the rule will not have a significant economic impact on
a substantial number of small entities. Small entities include small
businesses, small organizations, and small governmental jurisdictions.
For purposes of assessing the impacts of today's rule on small
entities, small entity is defined as: (1) A small business defined by
the Small Business Administration's size regulations at 13 CFR 121.201;
(2) a small governmental jurisdiction that is a government of a city,
county, town, school district, or special district with a population of
less than 50,000; and (3) a small organization that is any not-for-
profit enterprise which is independently owned and operated and is not
dominant in its field. I certify that this rule will not have a
significant economic impact on a substantial number of small entities
because the rule will only have the effect of authorizing pre-existing
requirements under State law and imposes no additional requirements
beyond those imposed by State law.
D. Unfunded Mandates Reform Act
This rule does not have any impacts as described in the Unfunded
Mandates Reform Act because this rule codifies pre-existing
requirements under State law and does not impose any additional
enforceable duty beyond that required by State law. It does not contain
any unfunded mandates or significantly or uniquely affects small
governments.
E. Executive Order 13132: Federalism
This rule does not have Federalism implications. It will not have
substantial direct effects on the States, on the relationship between
the national government and the States, or on the distribution of power
and responsibilities among various levels of government, as specified
in Executive
[[Page 57661]]
Order 13132 (64 FR 43255, August 10, 1999). This rule authorizes pre-
existing State rules. Thus, Executive Order 13132 does not apply to
this rule.
F. Executive Order 13175: Consultation and Coordination With Indian
Tribal Governments
Executive Order 13175, entitled ``Consultation and Coordination
with Indian Tribal Governments'' (59 FR 22951, November 9, 2000),
requires EPA to develop an accountable process to ensure ``meaningful
and timely input by tribal officials in the development of regulatory
policies that have tribal implications.'' This rule does not have
tribal implications, as specified in Executive Order 13175 because EPA
retains its authority over Indian Country. Thus, Executive Order 13175
does not apply to this rule.
G. Executive Order 13045: Protection of Children From Environmental
Health and Safety Risks
EPA interprets Executive Order 13045 (62 FR 19885, April 23, 1997)
as applying only to those regulatory actions that concern health or
safety risks, such that the analysis required under section 5-501 of
the Executive Order has the potential to influence the regulation. This
action is not subject to Executive Order 13045 because it approves a
state program.
H. Executive Order 13211: Actions That Significantly Affect Energy
Supply, Distribution, or Use
This rule is not subject to Executive Order 13211, ``Actions
Concerning Regulations that Significantly Affect Energy Supply,
Distribution, or Use'' (66 FR 28355, May 22, 2001) because it is not a
``significant regulatory action'' as defined under Executive Order
12866.
I. National Technology Transfer and Advancement Act
Section 12(d) of the National Technology Transfer and Advancement
Act of 1995 (``NTTAA''), Public Law 104-113, 12(d) (15 U.S.C. 272),
directs EPA to use voluntary consensus standards in its regulatory
activities unless to do so would be inconsistent with applicable law or
otherwise impractical. Voluntary consensus standards are technical
standards (e.g., materials specifications, test methods, sampling
procedures, and business practices) that are developed or adopted by
voluntary consensus bodies. The NTTAA directs EPA to provide Congress,
through OMB, explanations when the Agency decides not to use available
and applicable voluntary consensus standards. This rulemaking does not
involve technical standards. Therefore, EPA is not considering the use
of any voluntary consensus standards.
J. Executive Order 12898: Federal Actions To Address Environmental
Justice in Minority Populations and Low Income Populations
Executive Order 12898 (59 FR 7629, February 16, 1994) establishes
Federal executive policy on environmental justice. Its main provision
directs Federal agencies, to the greatest extent practicable and
permitted by law, to make environmental justice part of their mission
by identifying and addressing, as appropriate, disproportionately high
and adverse human health or environmental effects of their programs,
policies, and activities on minority populations and low-income
populations in the United States. EPA has determined that this rule
will not have disproportionately high and adverse human health or
environmental effects on minority or low-income populations. This rule
does not affect the level of protection provided to human health or the
environment because this rule authorizes pre-existing State rules which
are no less stringent than existing Federal requirements.
K. Submission to Congress and the General Accounting Office
Under 5 U.S.C. 801(a)(1)(A) as added 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 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 5
U.S.C. 804(2).
List of Subjects in 40 CFR Part 281
Environmental protection, Administrative practice and procedure,
Hazardous materials, State program approval, Underground storage tanks.
Authority: This document is issued under the authority of
Section 9004 of the Resource Conservation and Recovery Act, 42
U.S.C. 6991c.
Dated: August 31, 2011.
Michelle L. Pirzadeh,
Acting Regional Administator, Region 10.
[FR Doc. 2011-23816 Filed 9-15-11; 8:45 am]
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