[Federal Register: August 1, 1997 (Volume 62, Number 148)]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 281
West Virginia; Approval of Underground Storage Tank Program
AGENCY: Environmental Protection Agency (EPA).
ACTION: Notice of tentative determination on West Virginia's
application for approval of underground storage tank program, public
hearing and public comment period.
SUMMARY: The State of West Virginia has applied for 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 State of West Virginia's application and
has made the tentative decision that the State of West Virginia's
underground storage tank program satisfies all of the requirements
necessary to qualify for approval. The State of West Virginia's
application for approval is available for public review and comment. A
public hearing will be held to solicit comments on the application
unless insufficient public interest is expressed.
DATES: Unless insufficient public interest is expressed in holding a
hearing, a public hearing will be held on September 11, 1997. However,
EPA reserves the right to cancel the public hearing if sufficient
public interest in a hearing is not communicated to EPA in writing by
September 2, 1997. EPA will determine by September 5, 1997, whether
there is sufficient interest to hold the public hearing. The State of
West Virginia will participate in any public hearing held by EPA on
this subject. All written comments on the State of West Virginia's
application for program approval must be received by 4:30 p.m. on
September 2, 1997.
ADDRESSES: Copies of the State of West Virginia's application for
program approval are available between 8:30 a.m. to 4 p.m. at the
following locations for inspection and copying:
Location: WV Division of Environmental Protection, Office of Waste
Management, Underground Storage Tank Section, 1356 Hansford Street,
Charleston, WV 25301
Contact: Ken Ellison, Assistant Chief, UST Section, Telephone: 304-558-
Location: United States Environmental Protection Agency, Docket Clerk,
Office of Underground Storage Tanks, 1235 Jefferson Davis Highway,
Arlington, VA 22202, Telephone: (703) 603-9231
Location: United States Environmental Protection Agency, Region III
Library, 841 Chestnut Building, Philadelphia, Pennsylvania 19107
Contact: Hazardous Waste Technical Information Center Telephone: (215)
566-5534 or (215) 566-5364.
Written Comments should be sent to Joanne Cassidy, Program Manager,
State Programs Branch, (3HW60), U.S. EPA Region III, 841 Chestnut
Building, Philadelphia, Pennsylvania 19107, (215) 566-3381.
Unless insufficient public interest is expressed, EPA will hold a
public hearing on the State's application for program approval on
September 11, 1997, at 7 p.m. at the Division of Environmental
Protection, Office of Waste Management, Underground Storage Tank
Section, 1356 Hansford Street, Charleston, WV 25301.
Anyone who wishes to learn whether or not the public hearing on the
State's application has been cancelled should telephone after September
5, 1997, the EPA Program Manager listed above or Ken Ellison, Assistant
Chief, UST Section, Division of Environmental Protection, Office of
Waste Management, (304) 558-5929.
FOR FURTHER INFORMATION CONTACT: Joanne Cassidy, State Programs Branch
(3HW60), U.S. EPA Region III, 841 Chestnut Building, Philadelphia,
Pennsylvania 19107, (215) 566-3381.
Section 9004 of the Resource Conservation and Recovery Act (RCRA)
authorizes EPA to approve State underground storage tank programs to
operate in lieu of the Federal underground storage tank (UST) program.
EPA may approve a State program if the Agency finds pursuant to section
9004(b), 42 U.S.C. 6991c(b), that the State program is ``no less
stringent'' than the Federal program in all seven elements set forth at
section 9004(a)(1) through (7), 42 U.S.C. 6991c(a)(1) through (7), and
meets the notification requirements of section 9004(a)(8), 42 U.S.C.
6991c(a)(8) and also provides for adequate enforcement of compliance
with UST standards (section 9004(a), 42 U.S.C. 6991c(a)).
B. West Virginia
The West Virginia Division of Environmental Protection (WV-DEP), is
the implementing agency for UST activities in the State. The
Underground Storage Tank Section of WV-DEP is dedicating a substantial
effort to prevent, control and remediate UST-related groundwater
contamination. The Underground Storage Tank Section maintains a strong
field presence and works closely with the regulated community to ensure
compliance with regulatory requirements.
The scope of the West Virginia UST Program extends beyond the scope
of the Federal UST Program as follows:
(1) West Virginia requires payment of an annual tank registration
fee and a capitalization fee in 1990 and 1993.
(2) West Virginia requires certification of individuals who
install, repair, retrofit, upgrade, perform a change-in-service, close
or tightness test USTs.
(3) West Virginia requires ``carriers'' to determine that the UST
owner/operator is in compliance with the State's notification,
registration and capitalization fee, and financial responsibility
regulations before delivering product to a regulated tank.
(4) West Virginia provides more extensive notification
(5) The Voluntary Remediation and Redevelopment Act (VRRDA) Rule,
which became effective on July 1, 1997, provides for implementation of
a voluntary, risk-based corrective action program for a wide variety of
releases to the environment. This law supplements the State's
authorities, which are the subject of this notice and proposed to be
authorized by EPA, to compel responsible parties to clean up releases
from underground storage tanks. The State of West Virginia has provided
assurances to EPA, in its application, that the Division of
Environmental Protection will approve corrective action plans pursuant
to VRRDA for UST releases only after ensuring that implementation of
such plans will adequately protect human health and the environment.
The State of West Virginia has virtually adopted the Federal UST
regulations by reference, and West Virginia's requirements are as
stringent as the Federal regulations.
The West Virginia Division of Environmental Protection submitted an
official application for approval on July 7, 1997. Prior to its
submission, the State of West Virginia provided an opportunity for
public notice and comment in the development of its underground storage
tank program, as required by 40 CFR 281.50(b). EPA has reviewed the
State's application, and has tentatively determined that the State's
program meets all of the requirements necessary to qualify for final
approval. However, EPA intends to review all timely public comments
prior to making a final decision on whether to grant approval to the
State of West Virginia to operate its program in lieu of the Federal
In accordance with section 9004 of RCRA, 42 U.S.C. 6991c, and 40
CFR 281.50(e), the Agency will hold a public hearing on its tentative
decision on September 11, 1997, at 7 p.m. at the Division of
Environmental Protection, Office of Waste Management, Underground
Storage Tank Section, 1356 Hansford Street, Charleston, WV 25301,
unless insufficient public interest is expressed. The public may also
submit written comments on EPA's tentative determination until
September 2, 1997. Copies of the State's application are available for
inspection and copying at the locations indicated in the Addressees
section of this document.
EPA will consider all public comments on its tentative
determination received at the public hearing, if a hearing is held, and
during the public comment period. Issues raised by those comments may
be the basis for a decision to deny approval to the State of West
Virginia. EPA will give notice of its final decision in the Federal
Register; the notice will include a summary of the reasons for the
final determination and a response to all significant comments.
Compliance with Executive Order 12866
The Office of Management and Budget has exempted this action from
the requirements of section 6 of Executive Order 12866.
Unfunded Mandates Reform Act
Title II of the Unfunded Mandates Reform Act of 1995 (UMRA), Pub L.
104-4, establishes requirements for Federal agencies to assess the
effects of certain regulatory actions on State, local, and tribal
governments and the private sector. Under sections 202 and 205 of the
UMRA, EPA generally must prepare a written statement of economic and
regulatory alternatives analyses for proposed and final rules with
Federal mandates, as defined by the UMRA, that may result in
expenditures to State, local, and tribal governments, in the aggregate,
or to the private sector, of $100 million or more in any one year.
The section 202 and 205 requirements do not apply to today's action
because it is not a ``Federal mandate'' and because it does not impose
annual costs of $100 million or more.
Today's rule contains no Federal mandates for State, local or
tribal governments or the private sector for two reasons. First,
today's action does not impose new or additional enforceable duties on
any State, local or tribal governments or the private sector because
the requirements of the West Virginia program are already imposed by
the State and subject to State law. Second, the Act also generally
excludes from the definition of a ``Federal mandate'' duties that arise
from participation in a voluntary Federal program. The State of West
Virginia's participation in an authorized UST program is voluntary.
Even if today's rule did contain a Federal mandate, this rule will
not result in annual expenditures of $100 million or more for State,
local, and/or tribal governments in the aggregate, or the private
sector. Costs to State, local and/or tribal governments already exist
under the West Virginia program, and today's action does not impose any
additional obligations on regulated entities. In fact, EPA's approval
of state programs generally may reduce, not increase, compliance costs
for the private sector.
The requirements of section 203 of UMRA also do not apply to
today's action. Before EPA establishes any regulatory requirements that
may significantly or uniquely affect small governments, section 203 of
the UMRA requires EPA to develop a small government agency plan. This
rule contains no regulatory requirements that might significantly or
uniquely affect small governments. The Agency recognizes that although
small governments may own and/or operate USTs, they are already subject
to the regulatory requirements under existing State law which are being
authorized by EPA, and, thus, are not subject to any additional
significant or unique requirements by virtue of this program approval.
Certification Under the Regulatory Flexibility Act
EPA has determined that this authorization will not have a
significant economic impact on a substantial number of small entities.
Such small entities which own and/or operate USTs are already subject
to the regulatory requirements under existing State law which are being
authorized by EPA. EPA's authorization does not impose any additional
burdens on these small entities. This is because EPA's authorization
would simply result in an administrative change, rather than a change
in the substantive requirements imposed on these small entities.
Therefore, EPA provides the following certification under the
Regulatory Flexibility Act, as amended by the Small Business Regulatory
Enforcement Fairness Act.
Pursuant to the provision at 5 U.S.C. 605(b), I hereby certify that
this authorization will not have a significant economic impact on a
substantial number of small entities. This authorization approves
regulatory requirements under existing State law to which small
entities are already subject. It does not impose any new burdens on
small entities. This rule, therefore, does not require a regulatory
Authority: This notice is issued under the authority of section
9004 of the Resource Conservation and Recovery Act as amended 42
List of Subjects in 40 CFR Part 281
Environmental protection, Administrative practice and procedure,
Hazardous materials, State program approval, Underground storage tanks.
Dated: July 24, 1997.
W. Michael McCabe,
[FR Doc. 97-20178 Filed 7-31-97; 8:45 am]
BILLING CODE 6560-50-P
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