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60 FR 14372-14373 March 17, 1995 (Volume 60, Number 52) 40 CFR Part 281 [FRL-5173-5] Texas; Final Approval of State Underground Storage Tank Program

[Federal Register: March 17, 1995 (Volume 60, Number 52)]
[Rules and Regulations]               
[Page 14372-14373]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr17mr95-12]

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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 281
[FRL-5173-5]
Texas; Final Approval of State Underground Storage Tank Program
AGENCY: Environmental Protection Agency.
ACTION: Notice of final determination on Texas' application for final 
approval.
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SUMMARY: The State of Texas has applied for final approval of its 
underground storage tank (UST) program under Subtitle I of the Resource 
Conservation and Recovery Act (RCRA). The Environmental Protection 
Agency (EPA) has reviewed Texas' application and has reached a final 
determination that Texas' UST program satisfies all of the requirements 
necessary to qualify for final approval. Thus, EPA is granting final 
approval to Texas to operate its program.

EFFECTIVE DATE: Final approval for Texas shall be effective at 1:00 
p.m. Central Standard Time on April 17, 1995.

FOR FURTHER INFORMATION CONTACT: Joe Womack, Texas Program Officer, 
Underground Storage Tank Program, US EPA, Region 6, Mailcode: 6H-A, 
1445 Ross Avenue, Dallas, Texas 75202, Phone: (214)665-6586.

SUPPLEMENTARY INFORMATION:

A. Background

    Section 9004 of 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; and (2) provide for adequate 
enforcement (sections 9004(a) and 9004(b) of RCRA, 42 U.S.C. 6991c(a)).

B. Texas

    On April 28, 1994, Texas submitted an official application for 
final approval. On January 24, 1995, EPA published a tentative decision 
announcing its intent [[Page 14373]] to grant Texas final approval. 
Further background on the tentative decision to grant approval appears 
at 60 FR 4586, January 24, 1995.
    Along with the tentative determination, EPA announced the 
availability of the application for public comment. EPA also provided 
notice that a public hearing would be provided only if significant 
public interest was shown. No requests to present testimony at the 
public hearing were submitted and no written comments on the 
application were submitted.

D. Decision

    I conclude that the State of Texas' application for final approval 
meets all of the statutory and regulatory requirements established by 
Subtitle I of RCRA. Accordingly, Texas is granted final approval to 
operate its UST program in lieu of the Federal program. Texas now has 
the responsibility for managing 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. Texas also has primary enforcement authority, 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 Texas' 
program, thereby eliminating duplicative requirements for owners and 
operators of USTs 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, Underground Storage Tanks.

    Authority: This Notice is issued under the authority of section 
2002(a), 7004(b), and 90044 of the Solid Waste Disposal Act as 
amended, 42 U.S.C. 6912(a), 6974(b), and 6991(c).

    Dated: March 7, 1995.
William B. Hathaway,
Acting Regional Administrator.
[FR Doc. 95-6674 Filed 3-16-95; 8:45 am]
BILLING CODE 6560-50-P

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