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Notice of Tentative Determination on Application of the State of Kansas for Final Approval, Public Comment Period


[Federal Register: March 2, 1994]


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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 281

[FRL-4843-1]

 
Kansas; Approval of State Underground Storage Tank Program

AGENCY: Environmental Protection Agency.

ACTION: Notice of Tentative Determination on Application of the State 
of Kansas for Final Approval, Public Comment Period.

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SUMMARY: The State of Kansas 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 Kansas' application and has made the 
tentative decision that Kansas' UST program satisfies all of the 
requirements necessary to qualify for final approval. Thus, EPA intends 
to grant final approval to Kansas to operate its program in lieu of the 
federal program. Kansas' application for final approval is available 
for public review and comment and a public hearing will be held to 
solicit comments on the application, if there is significant interest.

DATES: The public may submit written comments on EPA's tentative 
determination until April 1, 1994.

    EPA expects to make a final decision on whether or not to approve 
Kansas' program by May 31, 1994 and will give notice of it in the 
Federal Register.

    Any request for a hearing and all comments on Kansas' final 
approval application must be received at the EPA Region 7 office by the 
close of business on April 1, 1994.

ADDRESSES: Copies of Kansas' program application are available during 
business hours at the following addresses for inspection and copying: 
Kansas Department of Health and Environment, Forbes Field, Building 
740, Topeka, Kansas, Phone: (913) 296-1678; U.S. EPA Headquarters, OUST 
Docket, room 2616, 401 M Street, SW., Washington, DC 20460, Phone: 
(202) 260-9720; and U.S. EPA Region 7 Library, 726 Minnesota Ave., 
Kansas City, Kansas 66101, Phone: (913) 551-7266.

FOR FURTHER INFORMATION CONTACT: Lee Daniels, Coordinator, Underground 
Storage Tank Section, EPA Region 7, 726 Minnesota Ave., Kansas City, 
Kansas, 66101. Phone: (913) 551-7651.

SUPPLEMENTARY INFORMATION:

A. Background

    Section 9004 of the Resource Conservation and Recovery Act (RCRA) 
enables EPA to approve State UST programs to operate in the State in 
lieu of the Federal UST program. Program approval is granted by EPA if 
the Agency finds that the State program is: (1) ``No less stringent'' 
than the Federal program in new tank standards, upgrading existing 
tanks, general operating requirements, release detection, release 
reporting, corrective action, tank closure, financial responsibility 
and 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)).

B. Kansas

    Kansas promulgated its first UST regulations in 1981 under the 
authority of the water pollution control statutes. With the enactment 
of the Kansas Storage Tank Act, K.S.A. 65-34,101 through 65-34,124, 
promulgated on May 18, 1989, the Kansas Department of Health and 
Environment now has specific authority to regulate underground storage 
tanks and enforce compliance of these regulations. Over the years the 
regulations have undergone a series of revisions which now are 
consistent with and no less stringent than the Federal program. The 
program includes standards for: new tanks, upgrading existing tanks, 
general operating requirements, release detection, release reporting, 
corrective action, tank closure, financial responsibility and 
notification requirements. These regulations have been in effect since 
November 26, 1990.
    On September 1, 1993, Kansas submitted an official application for 
``complete'' program approval which includes regulation of both 
petroleum and hazardous substance tanks. Kansas also regulates heating 
oil tanks with the exception of tanks used to store heating oil for 
consumptive use on a single family residence. However, this part of the 
Kansas program is broader in scope than the Federal program and is not 
included in this tentative approval. Prior to its submission, Kansas 
provided an opportunity for public notice and comment in the 
development of its underground storage tank program as required under 
40 CFR 281.50(b). EPA has reviewed Kansas' application and has 
tentatively determined that the State's program meets all of the 
necessary requirements to qualify for final approval. Consequently, EPA 
intends to grant Kansas final approval to Kansas to operate its program 
in lieu of the Federal program.
    The public may submit comments regarding EPA's tentative 
determination as provided in the ``Submission of Comments'' section of 
this notice.

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 Kansas' 
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.

Submission of Comments

    The public may submit written comments on EPA's tentative 
determination until April 1, 1994. EPA will consider all public 
comments on its tentative determination received during the public 
comment period or which may be received at the public hearing. Issues 
raised by those comments may be the basis for a decision to deny final 
approval to Kansas. EPA expects to make a final decision on whether or 
not to approve Kansas' program by May 31, 1994 and will give notice of 
it in the Federal Register. The notice will include a summary of the 
reasons for the final determination and a response to all major 
comments.
    A public hearing will be held only if significant public interest 
on substantive issues is shown. Any request for a hearing and all 
comments on Kansas' final approval application must be received at the 
EPA Region 7 office by the close of business on April 1, 1994. If a 
public hearing is held, all those making comments or requesting a 
hearing will be notified by EPA of the place and time.

List of Subjects in 40 CFR Part 281

    Environmental protection, Administrative Practice and Procedure, 
Hazardous Materials, State Program Approval, and Underground Storage 
Tanks.

    Authority: This notice is issued under the authority of section 
9004 of the Solid Waste Disposal Act as amended, 42 U.S.C. 6991c.
Dennis Grams,
Regional Administrator.
[FR Doc. 94-4544 Filed 3-1-94; 8:45 am]
BILLING CODE 6560-50-P

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