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61 FR 1211-1213 January 18, 1996 (Volume 61, Number 12) 40 CFR Part 282 [FRL-5304-5] Underground Storage Tank Program: Approved State Program for Louisiana

[Federal Register: January 18, 1996 (Volume 61, Number 12)]
[Rules and Regulations]               
[Page 1211-1213]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr18ja96-1]
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[[Page 1211]]
ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 282
[FRL-5304-5]
Underground Storage Tank Program: Approved State Program for 
Louisiana
AGENCY: Environmental Protection Agency (EPA).
ACTION: Immediate final rule.
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SUMMARY: The Resource Conservation and Recovery Act of 1976, as amended 
(RCRA), authorizes the U.S. Environmental Protection Agency (EPA) to 
grant approval to States to operate their underground storage tank 
programs in lieu of the Federal program. 40 CFR part 282 codifies EPA's 
decision to approve State programs and incorporates by reference those 
provisions of the State statutes and regulations that will be subject 
to EPA's inspection and enforcement authorities under sections 9005 and 
9006 of RCRA subtitle I and other applicable statutory and regulatory 
provisions. This rule codifies in part 282 the prior approval of 
Louisiana's underground storage tank program and incorporates by 
reference appropriate provisions of State statutes and regulations.

DATES: This regulation is effective March 18, 1996, unless EPA 
publishes a prior Federal Register notice withdrawing this immediate 
final rule. All comments on the codification of Louisiana's underground storage tank 
program must be received by the close of business February 
20, 1996. The incorporation by reference of certain publications listed 
in the regulations is approved by the Director of the Federal Register, 
as of March 18, 1996, in accordance with 5 U.S.C. 552(a).

ADDRESSES: Comments may be mailed to the Docket Clerk, Underground Storage Tank 
Program, 6H-A, U.S. EPA Region 6, 1445 Ross Avenue, 
Dallas, TX 75202-2733. Comments received by EPA may be inspected in the 
public docket, located in the EPA Region 6 Library (12th floor) from 8 
a.m. to 4:30 p.m., Monday through Friday, excluding Federal holidays.

FOR FURTHER INFORMATION CONTACT: Gary Fisher, Underground Storage Tank 
Program, 6H-A, U.S. EPA Region 6, 1445 Ross Avenue, Dallas, TX 75202-
2733. Phone: (214) 665-8048.

SUPPLEMENTARY INFORMATION:

Background

    Section 9004 of the Resource Conservation and Recovery Act of 1976, 
as amended, (RCRA), 42 U.S.C. 6991c, allows the U.S. Environmental 
Protection Agency to approve State underground storage tank programs to 
operate in the State in lieu of the Federal underground storage tank 
program. EPA published a Federal Register document announcing its 
decision to grant approval to Louisiana on July 24, 1992 (57 FR 34519). 
Approval was effective on September 4, 1992.
    EPA codifies its approval of State programs in 40 CFR part 282 and 
incorporates by reference therein the State statutes and regulations 
that will be subject to EPA's inspection and enforcement authorities 
under sections 9005 and 9006 of subtitle I of RCRA, 42 U.S.C. 6991d and 
6991e, and other applicable statutory and regulatory provisions. 
Today's rulemaking codifies EPA's approval of the Louisiana underground storage tank 
program. This codification reflects the State program in 
effect at the time EPA granted Louisiana approval under section 
9004(a), 42 U.S.C. 6991c(a) for its underground storage tank program. 
Notice and opportunity for comment were provided earlier on the 
Agency's decision to approve the Louisiana program, and EPA is not now 
reopening that decision nor requesting comment on it.
    This effort provides clear notice to the public of the scope of the 
approved program in each State. By codifying the approved Louisiana 
program and by amending the Code of Federal Regulations whenever a new 
or different set of requirements is approved in Louisiana, the status 
of federally approved requirements of the Louisiana program will be 
readily discernible. Only those provisions of the Louisiana underground storage tank 
program for which approval has been granted by EPA will be 
incorporated by reference for enforcement purposes.
    To codify EPA's approval of Louisiana's underground storage tank 
program, EPA has added Sec. 282.68 to title 40 of the CFR. Section 
282.68 incorporates by reference for enforcement purposes the State's 
statutes and regulations. Section 282.68 also references the Attorney 
General's Statement, Demonstration of Adequate Enforcement Procedures, 
the Program Description, and the Memorandum of Agreement, which are 
approved as part of the underground storage tank program under subtitle 
I of RCRA.
    The Agency retains the authority under sections 9005 and 9006 of 
subtitle I of RCRA, 42 U.S.C. 6991d and 6991e, and other applicable 
statutory and regulatory provisions to undertake inspections and 
enforcement actions in approved States. With respect to such an 
enforcement action, the Agency will rely on Federal sanctions, Federal 
inspection authorities, and Federal procedures rather than the State 
authorized analogs to these provisions. Therefore, the approved 
Louisiana enforcement authorities will not be incorporated by 
reference. Section 282.68 lists those approved Louisiana authorities 
that would fall into this category.
    The public also needs to be aware that some provisions of the 
State's underground storage tank program are not part of the federally 
approved State program. These non-approved provisions are not part of 
the RCRA subtitle I program because they are "broader in scope" than 
subtitle I of RCRA. See 40 CFR 281.12(a)(3)(ii). As a result, State 
provisions which are "broader in scope" than the Federal program are 
not incorporated by reference for purposes of enforcement in part 282. 
Section 282.68 of the codification simply lists for reference and 
clarity the Louisiana statutory and regulatory provisions which are 
"broader in scope" than the Federal program and which are not, 
therefore, part of the approved program being codified today. "Broader 
in scope" provisions cannot be enforced by EPA; the State, however, 
will continue to enforce such provisions. 

[[Page 1212]]


Certification Under the Regulatory Flexibility Act

    This rule codifies the decision already made (57 FR 34519, July 24, 
1992) to approve the Louisiana underground storage tank program and 
thus has no separate effect. Therefore, this rule does not require a 
regulatory flexibility analysis. Thus, pursuant to section 605(b) of 
the Regulatory Flexibility Act, 5 U.S.C. 605(b), I hereby certify that 
this rule will not have a significant economic impact on a substantial 
number of small entities.

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.

Paperwork Reduction Act

    Under the Paperwork Reduction Act, 44 U.S.C. 3501 et seq., Federal 
agencies must consider the paperwork burden imposed by any information 
request contained in a proposed or final rule. This rule will not 
impose any information requirements upon the regulated community.

List of Subjects in 40 CFR Part 282

    Environmental protection, Hazardous substances, Incorporation by 
reference, Intergovernmental relations, State program approval, 
Underground storage tanks, Water pollution control.

    Dated: October 20, 1995.
A. Stanley Meiburg,
Acting Regional Administrator.

    For the reasons set forth in the preamble, 40 CFR part 282 is 
amended as follows:

PART 282--APPROVED UNDERGROUND STORAGE TANK PROGRAMS

    1. The authority citation for part 282 continues to read as 
follows:

    Authority: 42 U.S.C. 6912, 6991c, 6991d, and 6991e.

Subpart B--Approved State Programs

    2. Subpart B is amended by adding Sec. 282.68 to read as follows:


Sec. 282.68  Louisiana State-Administered Program.

    (a) The State of Louisiana is approved to administer and enforce an 
underground storage tank program in lieu of the federal program under 
Subtitle I of the Resource Conservation and Recovery Act of 1976 
(RCRA), as amended, 42 U.S.C. 6991 et seq. The State's program, as 
administered by the Louisiana Department of Environmental Quality, was 
approved by EPA pursuant to 42 U.S.C. 6991c and part 281 of this 
Chapter. EPA approved the Louisiana program on July 24, 1992 and it was 
effective on September 4, 1992.
    (b) Louisiana has primary responsibility for enforcing its 
underground storage tank program. However, EPA retains the authority to 
exercise its inspection and enforcement authorities under sections 9005 
and 9006 of subtitle I of RCRA, 42 U.S.C. 6991d and 6991e, as well as 
under other statutory and regulatory provisions.
    (c) To retain program approval, Louisiana must revise its approved 
program to adopt new changes to the federal subtitle I program which 
make it more stringent, in accordance with section 9004 of RCRA, 42 
U.S.C. 6991c, and 40 CFR part 281, subpart E. If Louisiana obtains 
approval for the revised requirements pursuant to section 9004 of RCRA, 
42 U.S.C. 6991c, the newly approved statutory and regulatory provisions 
will be added to this subpart and notice of any change will be 
published in the Federal Register.
    (d) Louisiana has final approval for the following elements 
submitted to EPA in Louisiana's program application for final approval 
and approved by EPA on July 24, 1992. Copies may be obtained from the 
Underground Storage Tank Program, Louisiana Department of Environmental 
Quality, 7290 Bluebonnet Road, Baton Rouge, LA 70810-1612.
    (1) State statutes and regulations. (i) The provisions cited in 
this paragraph are incorporated by reference as part of the underground storage tank 
program under subtitle I of RCRA, 42 U.S.C. 6991 et seq.
    (A) Louisiana Statutory Requirements Applicable to the Underground Storage Tank Program, 1995.
    (B) Louisiana Regulatory Requirements Applicable to the Underground Storage Tank Program, 1995.
    (ii) The following statutes and regulations are part of the 
approved state program, although not incorporated by reference herein 
for enforcement purposes.
    (A) The statutory provisions include:

(1) Louisiana Revised Statutes, Title 30
    Sec. 2012  Enforcement Inspections
    Sec. 2025  Enforcement
    Sec. 2026  Citizen Suits
    Sec. 2077  Remediation of Pollution
    Sec. 2172  Policy and Purpose
    Sec. 2275  Demand by Secretary; Remedial Action

    (B) The regulatory provisions include:

(1) Louisiana Environmental Regulatory Code, Part XI: Underground Storage Tanks, Chapter 15--Enforcement:
    Sec. 1501  Inspection and Entry
    Sec. 1503  Failure to Comply
    Sec. 1505  Investigations: Purposes, Notice

    (iii) The following regulatory provisions are broader in scope than 
the federal program, are not part of the approved program, and are not 
incorporated by reference herein for enforcement purposes.

(A) Louisiana Environmental Regulatory Code, Part XI: Underground Storage Tanks
    (1) Chapter 13--Certification Requirements for Persons Who Install, 
Repair, or Close Underground Storage Tank Systems [Insofar as it 
applies to individuals other than UST owners and operators.]
    Sec. 1301  Applicability
    Sec. 1303  Definitions
    Sec. 1305  Categories of Certification and Requirements for 
Issuance and Renewal of Certificates
    Sec. 1307  Certification Examinations
    Sec. 1309  Approval of Continuing Training Courses
    Sec. 1311  Denial of Issuance or Renewal of a Certificate or 
Revocation of a Certificate
    Sec. 1313  UST Certification Board

    (2) Statement of legal authority. (i) "Attorney General's 
Statement for Final Approval", signed by the Attorney General of 
Louisiana on September 12, 1991, though not incorporated by reference, 
is referenced as part of the approved underground storage tank program 
under Subtitle I of RCRA, 42 U.S.C. 6991 et seq.
    (ii) Letter from the Attorney General of Louisiana to EPA, 
September 12, 1991, though not incorporated by reference, is referenced 
as part of the approved underground storage tank program under Subtitle 
I of RCRA, 42 U.S.C. 6991 et seq.
    (3) Demonstration of procedures for adequate enforcement. The 
"Demonstration of Procedures for Adequate Enforcement" submitted as 
part of the original application on October 15, 1991, though not 
incorporated by reference, is referenced as part of the approved 
underground storage tank program under subtitle I of RCRA, 42 U.S.C. 
6991 et seq.
    (4) Program Description. The program description and any other 
material submitted as part of the original application on October 15, 
1991, though not incorporated by reference, are referenced as part of 
the approved underground storage tank program 

[[Page 1213]]
under Subtitle I of RCRA, 42 U.S.C. 6991 et seq.
    (5) Memorandum of Agreement. The Memorandum of Agreement between 
EPA Region 6 and the Louisiana Department of Environmental Quality, 
signed by the EPA Regional Administrator on May 14, 1992, though not 
incorporated by reference, is referenced as part of the approved 
underground storage tank program under subtitle I of RCRA, 42 U.S.C. 
6991 et seq.
    3. Appendix A to Part 282 is amended by adding in alphabetical 
order "Louisiana" and its listing.

Appendix A to Part 282--State Requirements Incorporated by 
Reference in Part 282 of the Code of Federal Regulations

* * * * *

Louisiana

    (a) The statutory provisions include:

1. Louisiana Environmental Quality Act, Louisiana Revised Statutes 
Title 30
    Sec. 2194  Underground Storage Tanks; Registration
    Sec. 2195  Underground Storage Tank Trust Fund
    Sec. 2195.1  Underground Motor Fuel Storage Tank Remediation 
Agreements
    Sec. 2195.2  Uses of the Trust
    Sec. 2195.3  Source of Funding; Limitations on Disbursements 
from the Trust; Limit on Amount in Trust
    Sec. 2195.4  Procedures for Disbursements from the Fund Trust
    Sec. 2195.5  Audits
    Sec. 2195.6  Ownership of Trust
    Sec. 2195.7  No Inference of Liability on the Part of the State
    Sec. 2195.8  Advisory Board
    Sec. 2195.9  Financial Responsibility
    Sec. 2195.10  Voluntary Cleanup, Private Contracts; Exemptions

    (b) The regulatory provisions include:

1. Louisiana Environmental Regulatory Code, Part XI: Underground Storage Tanks, 
Chapter 1--Program Applicability and Definitions
    Sec. 101  Applicability
    Sec. 103  Definitions
2. Chapter 3--Registration Requirements, Standards, and Fee Schedule
    Sec. 301  Registration Requirements
    Sec. 303  Standards for UST Systems
    Sec. 305  Interim Prohibitions for Deferred UST Systems
    Sec. 307  Fee Schedule
3. Chapter 5--General Operating Requirements
    Sec. 501  Spill and Overfill Control
    Sec. 503  Operation and Maintenance of Corrosion Protection
    Sec. 505  Compatibility
    Sec. 507  Repairs Allowed
    Sec. 509  Reporting and Recordkeeping
4. Chapter 7--Methods of Release Detection and Release Reporting, 
Investigation, Confirmation, and Response
    Sec. 701  Methods of Release Detection
    Sec. 703  Requirements for Use of Release Detection Methods
    Sec. 705  Release Detection Recordkeeping
    Sec. 707  Reporting of Suspected Releases
    Sec. 709  Investigation due to Off-site Impacts
    Sec. 711  Release Investigation and Confirmation Steps
    Sec. 713  Reporting and Cleanup of Spills and Overfills
    Sec. 715  Release Response and Corrective Action for UST Systems 
Containing Petroleum or Hazardous Substances
5. Chapter 9--Out-of-Service UST Systems and Closure
    Sec. 901  Applicability to Previously Closed UST Systems
    Sec. 903  Temporary Closure
    Sec. 905  Permanent Closure and Changes-in-Service
    Sec. 907  Assessing the Site at Closure or Changes-in-Service
6. Chapter 11--Financial Responsibility
    Sec. 1101  Applicability
    Sec. 1103  Compliance Dates
    Sec. 1105  Definition of Terms
    Sec. 1107  Amount and Scope of Required Financial Responsibility
    Sec. 1109  Allowable Mechanisms and Combinations of Mechanisms
    Sec. 1111  Financial Test of Self-Insurance
    Sec. 1113  Guarantee
    Sec. 1115  Insurance and Risk Retention Group Coverage
    Sec. 1117  Surety Bond
    Sec. 1119  Letter of Credit
    Sec. 1121  Use of the Underground Motor Fuel Storage Tank Trust
    Sec. 1123  Trust Fund
    Sec. 1125  Standby Trust Fund
    Sec. 1127  Substitution of Financial Assurance Mechanisms by 
Owner or Operator
    Sec. 1129  Cancellation or Nonrenewal by a Provider of Financial 
Assurance
    Sec. 1131  Reporting by Owner or Operator
    Sec. 1133  Recordkeeping
    Sec. 1135  Drawing on Financial Assurance Mechanisms
    Sec. 1137  Release from the Requirements
    Sec. 1139  Bankruptcy or Other Incapacity of Owner or Operator 
or Provider of Financial Assurance
    Sec. 1141  Replenishment of Guarantees, Letters of Credit, or 
Surety Bonds

[FR Doc. 96-524 Filed 1-17-96; 8:45 am]
BILLING CODE 6560-50-P

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