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APPENDIX C OSWER Directive 9650.12 SUGGESTED PROCEDURES FOR REVIEW OF STATE UST APPLICATIONS May 1992

APPENDIX C: APPROVAL DETERMINATIONS

OSWER Directive 9650.12

Tentative Determination To Approve
(Model Federal Register Notice)


OSWER Directive 9650.12

ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 281

(Insert name of State); Final Approval of State Underground Storage Tank Program

AGENCY: Environmental Protection Agency

ACTION: Notice of Tentative Determination on Application of State X for Final Approval, Public Hearing and Public Comment Period.

SUMMARY: State X has applied for final approval of its underground storage tank program under Subtitle I of the Resource Conservation and Recovery Act (RCRA). The Environmental Protection Agency (EPA) has reviewed State X's application and has made the tentative decision that State X's underground storage tank program satisfies all of the requirements necessary to qualify for final approval. Thus, EPA intends to grant final approval to the State to operate its program in lieu of the Federal program. State X's application for final approval is available for public review and comment and a public hearing will be held to solicit comments on the application, if requested.

DATES: A public hearing is scheduled for (insert date of hearing, at least 30 calendar days after date of publication in FR). State X will participate in the public hearing held by EPA on this subject. All comments on State X's final approval application must be received by the close of business on (insert date at least 30 calendar days after date of publication in FR).

ADDRESSES: Copies of State X's final approval application are available during (insert business hours) at the following addresses for inspection and copying: (insert appropriate State addresses); U.S. EPA Headquarters Library, PM 211A, 401 M Street, S.W., Washington, D.C. 20460, Phone: 202/382-5926; and U.S. EPA Region (insert Region number), Library, (insert the address, phone number, and contact). Written comments should be sent to (insert name, address, and phone number of Regional contact). EPA will hold the public hearing on (insert date, time, and location of hearing).

FOR FURTHER INFORMATION CONTACT: (Insert name, address, and phone number of the appropriate Regional contact.)

SUPPLEMENTARY INFORMATION:

A. Background

Section 9004 of the Resource Conservation and Recovery Act (RCRA) enables EPA to approve State underground storage tank programs to operate in the State in lieu of the Federal underground storage tank (UST) program. Program approval is granted by EPA if the Agency finds that the State program: (1) is "no less stringent" than the Federal program in all seven elements, and includes notification requirements of section 9004(a)(8), 42 U.S.C. 6991c(a)(8); and (2) provides for adequate enforcement of compliance with UST standards (Section 9004(a), 42 U.S.C. 6991c(a)).

B. State X

(Insert paragraph briefly describing the State's approval history prior to submission of the "official" application.)

On __________, State X submitted an official application for final approval. Prior to its submission, State X provided an opportunity for public notice and comment in the development of its underground storage tank program. This is required under §281.50(b). EPA has reviewed State X's application, and has tentatively determined that the State's program meets all of the requirements necessary to qualify for final approval. Consequently, EPA intends to grant final approval to State X to operate its program in lieu of the Federal program.

In accordance with Section 9004 of RCRA 42 U.S.C. 6991c and 40 CFR 281.50(e), the Agency will hold a public hearing on its tentative decision on (insert date of hearing, at least 30 calendar days after date of publication in FR) at (insert time and location of hearing). The public may also submit written comments on EPA's tentative determination until (insert date at least 30 calendar days after date of publication in FR). Copies of State X's application are available for inspection and copying at the location indicated in the "Addresses" section of this notice.

(You may wish to insert a paragraph here that directs the public's attention to certain issues.)

EPA will consider all public comments on its tentative determination received at the hearing or during the public comment period. Issues raised by those comments may be the basis for a decision to deny final approval to State X. EPA expects to make a final decision on whether or not to approve State X's program by [insert date 90 calendar days after date of publication in FR] and will give notice of it in the FEDERAL REGISTER. The notice will include a summary of the reasons for the final determination and a response to all major comments.

COMPLIANCE WITH EXECUTIVE ORDER 12291: The Office of Management and Budget has exempted this rule from the requirements of Section 3 of Executive Order 12291.

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. The approval effectively suspends the applicability of certain Federal regulations in favor of State X's 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: Administrative Practice and Procedure, Hazardous Materials, State Program Approval, and Underground Storage Tanks.

AUTHORITY: This notice is issued under the authority of Section 9004 of the Solid Waste Disposal Act as amended 42 U.S.C. 6991c.

Dated:

____________________________________

Regional Administrator

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OSWER Directive 9650.12

Final Determination To Approve

(Model Federal Register Notice)


OSWER Directive 9650.12

ENVIRONMENTAL PROTECTION AGENCY

40 CFR PART 281

(Insert name of State); Final Approval of State Underground Storage Tank Program

AGENCY: Environmental Protection Agency

ACTION: Notice of Final Determination on State X's Application for Final Approval.

SUMMARY: State X has applied for final approval of its underground storage tank program under Subtitle I of the Resource Conservation and Recovery Act (RCRA). Environmental Protection Agency (EPA) has reviewed State X's application and has reached a final determination that State X's underground storage tank program satisfies all of the requirements necessary to qualify for final approval. Thus, EPA is granting final approval to State X to operate its program.

EFFECTIVE DATE: Final approval for State X shall be effective at 1:00 pm Eastern Time on [insert date 30 days after the date of publication in the FEDERAL REGISTER].

FOR FURTHER INFORMATION CONTACT: (Insert name, address, and phone number of the appropriate Regional contact.)

SUPPLEMENTARY INFORMATION:

A. Background

Section 9004 of the Resource Conservation and Recovery Act (RCRA) enables the Environmental Protection Agency (EPA) to approve State underground storage tank programs to operate in the State in lieu of the Federal underground storage tank program. To qualify for final authorization, a State's program must: (1) be "no less stringent" than the Federal program; and (2) provide for adequate enforcement (Sections 9004(a) and 9004(b) of RCRA, 42 U.S.C. 6991c(b)).

On (insert date), State X submitted an official application to obtain final approval to administer the underground storage tank program. On (insert date), EPA published a tentative decision announcing its intent to grant State X final approval. Further background on the tentative decision to grant approval appears at _____ FR _____ , (insert date).

Along with the tentative determination EPA announced the availability of the application for public comment and the date of a public hearing on the application. The public hearing was held on (insert date of public hearing).

(Insert discussion on public comments received and the response to those comments. Additionally, in the case of a tentative decision requiring a State to make changes in order to be approved, insert discussion of the needed changes for approval and what the State agreed to do to be approved.)

(Insert discussion of any different or additional procedural steps during the approval process. For example, the State may have held an additional public hearing on a portion of its program which was substantially modified subsequent to the initial State public hearing.)(Insert discussion which describes any major portions of the State's program which are not part of the underground storage tank program; e.g., any major State requirements that are broader in scope than Federal requirements.)

(Insert a discussion of any portion of the UST program that will continue to be regulated by EPA as a result of partial program approval or unregulated segments of the tank universe.)

(Insert a statement as to whether or not the State is being approved to operate the underground storage tank program on Indian lands.)

B. Decision

After reviewing the public comments and the changes the State has made to its application and program since the tentative decision, I conclude that State X's application for final approval meets all of the statutory and regulatory requirements established by Subtitle I of RCRA. Accordingly, State X is granted final approval to operate its underground storage tank program. State X now has the responsibility for managing underground storage tank facilities within its borders and carrying out all aspects of the UST program except [note any areas where EPA will have continued regulatory authority]. State X 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 12291: The Office of Management and Budget has exempted this rule from the requirements of Section 3 of Executive Order 12291.

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 State X's 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: Administrative Practice and Procedure, Hazardous Materials, State Program Approval and Underground Storage Tanks.

AUTHORITY: This notice is issued under the authority of Section 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:

____________________________________

Regional Administrator

[ Directive 9650.12 ][ Appendices ]

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