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60 FR 14333-14334 March 16, 1995 (Volume 60, Number 51) 40 CFR Parts 281 and 282 Hazardous Waste: Final Approval of State Underground Storage Tank Programs in South Dakota; Final Rules

[Federal Register: March 16, 1995 (Volume 60, Number 51)]
[Rules and Regulations ]               
[Page 14333-14334]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]

[[Page 14333]]

Part II
Environmental Protection Agency

40 CFR Parts 281 and 282

Hazardous Waste: Final Approval of State Underground Storage Tank 
Programs in South Dakota; Final Rules

[[Page 14334]] 


40 CFR Part 281


South Dakota; Final Approval of State Underground Storage Tank 

AGENCY: Environmental Protection Agency.

ACTION: Notice of final determination on State of South Dakota's 
application for final approval.


SUMMARY: The State of South Dakota 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 the South Dakota application and has reached 
a final determination that South Dakota's underground storage tank 
program satisfies all of the requirements necessary to qualify for 
final approval. Thus, EPA is granting final approval to South Dakota to 
operate its program in lieu of the federal program.

EFFECTIVE DATE: Final approval for South Dakota shall be effective at 
1:00 pm Eastern Time on May 15, 1995.

Underground Storage Tank Program Section, 
U.S. EPA, Region 8, 8HWM-WM, 999 18th Street, 
Denver, Colorado 80202, phone: (303) 293-1665.


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)).
    On July 9, 1992, South Dakota submitted an application for 
"complete" program approval which includes regulation of both 
petroleum and hazardous substance tanks. The State of South Dakota 
established authority to implement an underground storage tank program 
through South Dakota Codified Law 34A-2-98 and 34A-2-99 and the 
Administrative Rules of South Dakota that became effective November 30, 
    On July 22, 1994, EPA published a tentative decision announcing its 
intent to grant South Dakota final approval. Further background on the 
tentative decision to grant approval appears at 59 FR 37455, July 22, 
1994. Along with the tentative determination, EPA announced the 
availability of the application for public comment and provided notice 
that a public hearing would be provided if significant public interest 
was shown. EPA received no request for a public hearing, therefore, a 
hearing was not held.

B. Public Comment

    The EPA received one comment on the tentative determination of 
final approval for South Dakota's UST program. The commenter asserted 
that the South Dakota leak detection requirements for suction piping 
appeared to be less stringent than the federal requirements. The State 
requires that suction piping use a monthly monitoring release detection 
method or be tightness tested at least every three years. The State 
does not require release detection, if suction piping is designed to 
allow the contents of the pipe to drain back into the storage tank if 
the suction is released. EPA believes that the State implements a 
program which meets the federal objective for release detection for 
suction piping.

C. Decision

    After reviewing the public comments on the State application and 
program since the tentative decision, I conclude that South Dakota's 
application for final approval meets all of the statutory and 
regulatory requirements established by Subtitle I of RCRA. Accordingly, 
South Dakota is granted final approval to operate its underground storage tank 
program in lieu of the Federal program. This final 
determination to approve the South Dakota UST program does not extend 
to "Indian Country," as defined in 18 U.S.C. 1151, including the 
following "existing or former" Indian reservations in the State of 
South Dakota: Cheyenne River, Crow Creek, Flandreau, Lake Traverse 
(Sisseton-Wahpeton), Lower Brule, Pine Ridge, Rosebud, Standing Rock, 
and Yankton. South Dakota now has the responsibility for managing 
underground storage tank facilities within its borders and carrying out 
all aspects of the UST program except for facilities located within 
"Indian Country," where EPA will retain regulatory authority. South 
Dakota 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. The approval effectively suspends 
the applicability of certain Federal regulations in favor of South 
Dakota'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

    Environmental protection, Administrative practice and procedure, 
Hazardous materials, State program approval, Underground storage tanks.

    Authority: This notice 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 6991(c).

    Dated: February 23, 1995.
Kerrigan Clough,
Acting Regional Administrator.
[FR Doc. 95-6405 Filed 3-15-95; 8:45 am]

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