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61 FR 1213-1216 January 18, 1996 (Volume 61, Number 12) 40 CFR Part 282 [FRL-5304-6] Underground Storage Tank Program: Approved State Program for Arkansas

[Federal Register: January 18, 1996 (Volume 61, Number 12)]
[Rules and Regulations]               
[Page 1213-1216]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr18ja96-2]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 282
[FRL-5304-6] 
Underground Storage Tank Program: Approved State Program for 
Arkansas
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 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 
Arkansas' 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 Arkansas' 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. 6991(c), 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 Arkansas on February 14, 1995 (60 FR 
10331). Approval was effective on April 25, 1995.
    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. 6991(d) 
and 6991(e), and other 

[[Page 1214]]
applicable statutory and regulatory provisions. Today's rulemaking 
codifies EPA's approval of the Arkansas underground storage tank 
program. This codification reflects the state program in effect at the 
time EPA granted Arkansas 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 Arkansas 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 Arkansas 
program and by amending the Code of Federal Regulations whenever a new 
or different set of requirements is approved in Arkansas, the status of 
federally approved requirements of the Arkansas program will be readily 
discernible. Only those provisions of the Arkansas 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 Arkansas' underground storage tank 
program, EPA has added Sec. 282.53 to title 40 of the CFR. Section 
282.53 incorporates by reference for enforcement purposes the State's 
statutes and regulations. Section 282.53 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 
Arkansas enforcement authorities will not be incorporated by reference. 
Section 282.53 lists those approved Arkansas 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 282.53 of the codification simply lists for reference and 
clarity the Arkansas 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.

Certification Under the Regulatory Flexibility Act

    This rule codifies the decision already made (60 FR 10331, February 
14, 1995) to approve the Arkansas 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. 282.53 to read as follows:


Sec. 282.53  Arkansas State-Administered Program.

    (a) The State of Arkansas 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 Arkansas Department of Pollution Control and 
Ecology, was approved by EPA pursuant to 42 U.S.C. 6991c and part 281 
of this chapter. EPA approved the Arkansas program on February 14, 1995 
and it was effective on April 25, 1995.
    (b) Arkansas 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, Arkansas 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 Arkansas 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) Arkansas has final approval for the following elements 
submitted to EPA in Arkansas' program application for final approval 
and approved by EPA on February 14, 1995. Copies may be obtained from 
the Underground Storage Tank Program, Arkansas Department of Pollution 
Control and Ecology, 8001 National Drive, Little Rock, AR 72219-8913.
    (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) Arkansas Statutory Requirements Applicable to the Underground Storage Tank Program, 1995.

[[Page 1215]]

    (B) Arkansas 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) Arkansas Code Annotated, Title 8, Chapter 1, Subchapter 1--General 
Provisions:
    (i) Sec. 8-1-107  Inspections--Definitions--Investigations--
Inspection Warrant--Exceptions--Penalties
(2) Arkansas Code Annotated, Title 8, Chapter 4, Subchapter 1--General 
Provisions:
    (i) Sec. 8-4-103  Criminal, Civil, and Administrative Penalties
(3) Arkansas Code Annotated, Title 8, Chapter 7, Subchapter 8--
Regulated Substance Storage Tanks:
    (i) Sec. 8-7-802  Department and commission--powers and duties
    (ii) Sec. 8-7-806  Penalties
    (iii) Sec. 8-7-809  Corrective actions--Orders of director

    (B) The regulatory provisions include:

(1) Arkansas Department of Pollution Control and Ecology Regulation 
Number 12--Storage Tank Regulation:
    (i) Chapter 2, Section 4: Access to Records
    (ii) Chapter 2, Section 5: Entry and Inspection of Underground Storage Tank Facilities
    (iii) Chapter 8, Section 1: Violations
    (iv) Chapter 8, Section 2: Penalty Policy and Administrative 
Procedures

    (iii) The following statutory and 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) Statutes.
    (1) Arkansas Code Annotated, Title 8, Chapter 7, Subchapter 8--
Regulated Substance Storage Tanks.
    (i) Sec. 8-7-802  Department's Powers and Duties (Insofar as it 
applies to aboveground storage tanks.)
    (ii) Sec. 8-7-805  License Requirement (Insofar as it applies to 
individuals other than UST owners and operators.)
    (2) Arkansas Code Annotated, Title 8, Chapter 7, Subchapter 9--
Petroleum Storage Tank Trust Fund Act.
    (i) Sec. 8-7-903  Rules and Regulations--Powers of department 
(Insofar as (c) addresses aboveground storage tanks.)
    (ii) Reserved.
(B) Regulations.
    (1) Arkansas Department of Pollution Control and Ecology Regulation 
Number 12--Storage Tank Regulation.
    (i) Chapter 2, Section 6: Entry and Inspection of Aboveground 
Storage Tank Facilities (Insofar as it applies to aboveground storage tanks.)
    (ii) Chapter 3, Section 1: Underground and Aboveground Storage Tank 
Registration Fees (Insofar as it applies to aboveground storage tanks.)
    (iii) Chapter 5: Licensing of Tank Installers and Service Personnel 
(Insofar as it applies to individuals other than UST system owners and 
operators.)

Section 1: Purpose
Section 2: Definitions
Section 3: Applicability
Section 4: General Requirements
Section 5: Contractor Licensing
Section 6: Individual Licensing
Section 7: Experience Requirements
Section 8: Written Examination
Section 9: Approval of Comparable Licensing Programs
Section 10: Reciprocity
Section 11: Denial of Licenses
Section 12: Renewal of Licenses
Section 13: Duties and Obligations
Section 14: Department Approval of Training and Continuing Education
Section 15: Complaints
Section 16: Investigations; Enforcement; Penalties
Section 17: Department Actions Against Licenses.

    (iv) Chapter 6: Licensing of Tank Testers (Insofar as it applies to 
individuals other than UST system owners and operators.)

Section 1: Purpose
Section 2: Definitions
Section 3: Applicability
Section 4: General Requirements
Section 5: Company Licensing
Section 6: Individual Licensing
Section 7: Experience Requirements
Section 8: Approval of Comparable Licensing Programs
Section 9: Reciprocity
Section 10: Denial of Licenses
Section 11: Renewal of Licenses
Section 12: Duties and Obligations
Section 13: Department Approval of Training and Continuing Education
Section 14: Complaints
Section 15: Investigation; Enforcement; Penalties
Section 16: Department Actions Against Licenses

    (2) Statement of legal authority. (i) "Attorney General's 
Statement for Final Approval", signed by the Attorney General of 
Arkansas on September 21, 1994, 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 Arkansas to EPA, September 
21, 1994, 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 September 26, 1994, 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 September 26, 
1994, though not incorporated by reference, are referenced as part of 
the approved underground storage tank program 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 Arkansas Department of Pollution Control and 
Ecology, signed by the EPA Regional Administrator on February 14, 1995, 
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 "Arkansas" and its listing.

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

* * * * *

Arkansas

    (a) The statutory provisions include:
1. Arkansas Code Annotated, Title 8, Chapter 7, Subchapter 8--
Regulated Substance Storage Tanks:
    Sec. 8-7-801  Definitions and exceptions
    Sec. 8-7-803  Regulations generally
    Sec. 8-7-804  Procedures of department generally
    Sec. 8-7-807  Responsibility and liability of owner
    Sec. 8-7-808  Regulated Substance Storage Tank Program Fund
    Sec. 8-7-810  Insurance pools
    Sec. 8-7-811  Trade secrets
    Sec. 8-7-812  Subchapter controlling over other laws 
    
[[Page 1216]]

    Sec. 8-7-813  Registration
2. Arkansas Code Annotated, Title 8, Chapter 7, Subchapter 9--
Petroleum Storage Tank Trust Fund Act:
    Sec. 8-7-901  Title
    Sec. 8-7-902  Definitions
    Sec. 8-7-903  Rules and Regulations--Powers of department 
[Except (c), which addresses aboveground storage tanks.]
    Sec. 8-7-904  Advisory committee
    Sec. 8-7-905  Petroleum Storage Tank Trust Fund
    Sec. 8-7-906  Petroleum environmental assurance fee
    Sec. 8-7-907  Payments for corrective action
    Sec. 8-7-908  Third-party claims
    Sec. 8-7-909  Confidential treatment of information

    (b) The regulatory provisions include:

1. Arkansas Department of Pollution Control and Ecology Regulation 
Number 12--Storage Tank Regulation:
    a. Chapter 1: General Provisions
    Section 1: Purpose
    Section 2: Authority
    Section 3: Short Title
    b. Chapter 2: Regulations Promulgated Under Acts 172 and 173 of 
1989 and Act 65 of the Third Extraordinary Session of 1989 for 
Administration of the State Regulated Storage Tank Program
    Section 1: Incorporation of Federal Regulations
    Section 2: Arkansas Petroleum Storage Tank Trust Fund Act
    Section 3: Definitions
    c. Chapter 3: Fees
    Section 1: Underground and Aboveground Storage Tank Registration 
Fees [Except insofar as it applies to aboveground storage tanks.]
    Section 2: Underground Storage Tank Licensing Fees
    Section 3: Late Payment Penalties
    Section 4: Refusal or Failure to Pay Fees
    d. Chapter 4: Petroleum Storage Tank Trust Fund Release 
Reimbursement
    Section 1: Purpose
    Section 2: Amount of Reimbursement
    Section 3: Initial Fund Eligibility
    Section 4: Loss and Restoration of Initial Fund Eligibility
    Section 5: Corrective Action Reimbursement Procedure
    Section 6: Reimbursement Application Review
    Section 7: Allowable Costs
    Section 8: Reasonable Costs
    Section 9: Audits
    Section 10: Deductible
    Section 11: Third Party Claim Reimbursement Procedure
    Section 12: Compliance
    Section 13: Fund Availability
    Section 14: Cost Recovery
    e. Chapter 7: Confidentiality
    Section 1: Confidentiality Requests
    Section 2: Responsibility
    Section 3: Submission Procedure
    Section 4: Requirements for Protection
    Section 5: Acceptability of Information
    Section 6: Security
    f. Chapter 9: Severability
    g. Chapter 10: Effective Date

[FR Doc. 96-525 Filed 1-17-96; 8:45 am]
BILLING CODE 6560-50-P

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