Underground Storage Tanks

[Federal Register: June 6, 1994]


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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.

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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

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