[Federal Register: March 2, 1994]
ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 281
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.
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
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.
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)).
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
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
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
Authority: This notice is issued under the authority of section
9004 of the Solid Waste Disposal Act as amended, 42 U.S.C. 6991c.
[FR Doc. 94-4544 Filed 3-1-94; 8:45 am]
BILLING CODE 6560-50-P
Top of page