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63 FR 22709 Monday, April 27, 1998 3487 Technical Standards and Corrective Action Requirements for Owners and Operators of Underground Storage Tanks (Section 610 Review)


Priority: Info./Admin.Other Legal Authority: 5 USC 610 CFR Citation: 40 CFR 280 Legal Deadline: None

Abstract: In September 1988, the Environmental Protection Agency (EPA) promulgated regulations establishing technical standards and corrective action requirements applicable to underground storage tanks (USTs)(September 23, 1988, 53 FR 37082). The UST regulations were issued under the authority of sections 2002.9001 through 9007, and 9009 of the Solid Waste Disposal Act of 1970, as amended by the Resource Conservation and Recovery Act of 1976, as amended (42 USC 6912, 6991, 6991(a) through (f), 6991(h)). They became effective December 22, 1988, and are applicable to underground storage tanks containing petroleum or substances defined as hazardous under the Comprehensive Environmental Response, Compensation, and Liability Act of 1980. EPA performed a regulatory flexibility analysis for this rule and determined that it would have a significant economic impact on a substantial number of small entities.

This new entry in the regulatory agenda announces that EPA will review the UST regulations pursuant to section 610 of the Regulatory Flexibility Act (5 USC 610). EPA solicits comments on the continued need for the rule; the complexity of the rule; the extent to which it overlaps with other Federal, State, or local government rules; and the degree to which technology, economic conditions, or other relevant factors have changed since the rule was promulgated. EPA also will welcome comments on any other aspect of the rule.

EPA continues to view this regulation as a vital component of State-EPA efforts to ensure effective detection, remediation, and prevention of UST releases in order to protect human health and the environment. EPA intends to continue to require compliance with the regulation. Until and unless the Agency modifies the rule, owners and operators of underground storage tanks will be expected to comply with all parts of the rule. The Agency performed a similar review 3 years ago and concluded at that time that there was neither a need for nor any significant stakeholder support for changes to the UST regulation.  

Action Date FR Cite
Begin Review 04/00/98
End Comment Period 07/00/98
End Review 09/00/98

Small Entities Affected: Undetermined

Government Levels Affected: Undetermined

Agency Contact: Sammy Ng,
Environmental Protection Agency,
Solid Waste and Emergency Response,
Mail Code 5401G,
Washington, DC 20460
Phone: (703)-603-9900
RIN: 2050-AE57

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