[Federal Register: January 3, 2003 (Volume 68, Number 2)]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 281
Pennsylvania Approval of Underground Storage Tank Program
AGENCY: Environmental Protection Agency.
ACTION: Proposed rule; notice of tentative determination on
Pennsylvania's application for approval of its Underground Storage Tank
Program, public hearing and public comment period.
SUMMARY: The Commonwealth of Pennsylvania (Commonwealth or State) has
applied for 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 the State's
application and has made the tentative determination that the State's
UST program satisfies all of the requirements necessary to qualify for
approval. The State'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 February 19, 2003. 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
February 13, 2003. EPA will determine by February 14, 2003, whether
there is sufficient interest to warrant a public hearing. The State
will participate in any public hearing held by EPA on this subject. All
written comments on the State's application for program approval must
be received by February 13, 2003.
ADDRESSES: Copies of the State'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: Pennsylvania Department of Environmental Protection, Division
Storage Tanks, Rachel Carson State Office Building, 400 Market Street,
Contact: James C. Adair, Telephone: (717) 772-5551.
Location: Pennsylvania Department of Environmental Protection,
Southwest Regional Office, Central Services, 400 Waterfront Drive,
Contact: Edward Duval, Telephone: (412) 442-4000.
Location: United State Environmental Protection Agency, Region III,
Library, 1650 Arch Street, Philadelphia, Pennsylvania. Telephone: (215)
Written comments should be sent to Carletta Parlin, Program
Manager, RCRA State Programs Branch, Waste & Chemicals Management
Division (3WC21), U.S. EPA Region III, 1650 Arch Street, Philadelphia,
Pennsylvania 19103-2029, telephone: (215) 814-3380. Comments may also
be submitted electronically through the Internet to:
firstname.lastname@example.org or by facsimile at (215) 814-3163.
Unless insufficient public interest is expressed, EPA will hold a
public hearing on the State's application for program approval on
February 19, 2003, at 7 p.m. at the United States Environmental
Protection Agency, 1650 Arch Street, 2nd Floor, Joan Goodis Room,
It is EPA's policy to make reasonable accommodation to persons with
disabilities wishing to participate in the Agency's programs and
activities, pursuant to the Rehabilitation Act of 1973, 29 U.S.C. 791,
et seq. Any request for accommodation should be made to Carletta
Parlin, preferably a minimum of two weeks in advance of the public
hearing date, so that EPA will have sufficient time to process the
Anyone who wishes to learn whether or not the public hearing on the
Commonwealth's application has been cancelled should telephone the EPA
Program Manager, Carletta Parlin, at (215) 814-3380 on February 14,
FOR FURTHER INFORMATION CONTACT: Carletta Parlin, RCRA State Programs
Branch (3WC21), U.S. EPA Region III, 1650 Arch Street, Philadelphia,
Pennsylvania 19103-2029, telephone: (215) 814-3380. Also, a copy of a
fact sheet on today's action is available on the EPA Web Site at
Section 9004 of the Resource Conservation and Recovery Act (RCRA),
42 U.S.C. 6991c, authorizes EPA to approve state underground storage
tank programs to operate in lieu of the Federal UST program. EPA may
approve a State program if the Agency finds pursuant to RCRA section
9004(b), 42 U.S.C. 6991c(b), that the state's program is ``no less
stringent'' than the Federal program in all seven elements set forth at
RCRA section 9004(a) (1) through (7), 42 U.S.C. 6991c(a) (1) through
(7), meets the notification requirements of RCRA section 9004(a)(8), 42
U.S.C. 6991c(a)(8), and also provides for adequate enforcement of
compliance with UST standards in accordance with RCRA section 9004(a),
42 U.S.C. 6991c(a).
The Pennsylvania Department of Environmental Protection (PADEP) is
the implementing agency for UST activities in the State. PADEP's
Underground Storage Tank Program is dedicating a substantial effort to
prevent, control and remediate UST-related contamination. PADEP's
Underground Storage Tank Program maintains a strong field presence and
works closely with the regulated community to ensure compliance with
C. Where Are the State Rules Different From the Federal Rules?
The Commonwealth's regulations contain several requirements that
are broader in scope than the Federal program which are not part of the
program being authorized by today's action. EPA cannot enforce these
broader in scope requirements. Although compliance with these
provisions is required under Commonwealth law, they are not RCRA
requirements. Such provisions include, but are not limited to, the
(1) Unlike the Federal program, Pennsylvania's program includes a
definition of, and imposes obligations on, a ``responsible party.'' To
the extent that Pennsylvania's definition of a ``responsible party''
includes entities that go beyond the owner and operator of an UST, it
is in this respect, broader in scope than the Federal program.
(2) Unlike the Federal program, the Commonwealth's statute
establishes a certification program for installers of underground
storage tanks. In this respect, the Commonwealth's program is broader
in scope than the Federal program.
(3) Pennsylvania's regulations require a person to obtain a ``Site
Specific Installation Permit'' from PADEP prior to installing a field-
constructed UST. Additionally, these systems need a ``General Operating
Permit.'' Because the Federal program does not require any type of
permit for tank installations or operations, the Commonwealth's
program, in this respect, is broader in scope.
(4) Under Pennsylvania's regulations, underground storage tank
owners or operators must have their underground storage tank facilities
inspected by a state-certified inspector at the frequency established
by Pennsylvania's regulations. The Federal regulations do not require
third-party inspections, nor do they provide for a certified inspector
program; therefore, in this regard, the Commonwealth's program is
broader in scope than the Federal program.
(5) Unlike the Federal program, section 1311 (``Presumption'') of
Pennsylvania's Storage Tank and Spill Prevention Act establishes a
rebuttable presumption that a person who owns or operates a storage
tank shall be liable, without proof of fault, for all damages,
contamination or pollution within 2,500 feet of the perimeter of the
site of an UST that contained a regulated substance of the type which
caused the damage, contamination or pollution. This provision of
Pennsylvania's program is broader in scope than the Federal program.
The Pennsylvania Department of Environmental Protection submitted
to EPA a final application for approval on November 25, 2002. Prior to
its submission, the State 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 to operate its
program in lieu of the Federal program.
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
determination on February 19, 2003, at 7 p.m. at the United States
Environmental Protection Agency, Region III, 1650 Arch Street,
Philadelphia, Pennsylvania, unless insufficient public interest is
expressed. The public may also submit written comments on EPA's
tentative determination until February 13, 2003. Copies of the State's
application are available for inspection and copying at the locations
indicated in the ADDRESSES 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. 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.
Statutory and Executive Order Reviews
This proposed rule will only approve State underground storage tank
requirements pursuant to RCRA section 9004 and imposes no requirements
other than those imposed by State law (see SUPPLEMENTARY INFORMATION,
section A. Background). Therefore, this proposed rule complies with
applicable executive orders and statutory provisions as follows:
1. Executive Order 12866: Regulatory Planning Review--The Office of
Management and Budget has exempted this proposed rule from its review
under Executive Order 12866. 2. Paperwork Reduction Act--This proposed
rule will not impose an information collection burden under the
Paperwork Reduction Act. 3. Regulatory Flexibility Act--After
considering the economic impacts of today's proposed rule on small
entities under the Regulatory Flexibility Act, I certify that this
proposed rule will not have a significant economic impact on a
substantial number of small entities. 4. Unfunded Mandates Reform Act--
Because this proposed rule approves pre-existing requirements under
state law and does not impose any additional enforceable duty beyond
that required by state law, it does not contain any unfunded mandate or
significantly or uniquely affect small governments, as described in the
Unfunded Mandates Reform Act. 5. Executive Order 13132: Federalism--
Executive Order 13132 does not apply to this proposed rule because it
will not have federalism implications (i.e., substantial direct effects
on the States, on the relationship between the national government and
the States, or on the distribution of power and responsibilities among
the various levels of government). 6. Executive Order 13175:
Consultation and Coordination with Indian Tribal Governments--Executive
Order 13175 does not apply to this proposed rule because it will not
have tribal implications (i.e., substantial direct effects on one or
more Indian tribes, on the relationship between the Federal Government
and Indian tribes, or on the distribution of power and responsibilities
between the Federal Government and Indian tribes). 7. Executive Order
13045: Protection of Children from Environmental Health & Safety
Risks--This proposed rule is not subject to Executive Order 13045
because it is not economically significant and it is not based on
health or safety risks. 8. Executive Order 13211: Actions that
Significantly Affect Energy Supply, Distribution, or Use--This proposed
rule is not subject to Executive Order 13211 because it is not a
significant regulatory action as defined in Executive Order 12866. 9.
National Technology Transfer Advancement Act--EPA approves State
programs as long as they meet criteria required by RCRA, so it would be
inconsistent with applicable law for EPA, in its review of a State
program, to require the use of any particular voluntary consensus
standard in place of another standard that meets the requirements of
RCRA. Thus, section 12(d) of the National Technology Transfer and
Advance Act does not apply to this proposed rule.
List of Subjects in 40 CFR Part 281
Environmental protection, Administrative practice and procedures,
Hazardous substances, Intergovernmental relations, Reporting and
Authority: This document is issued under the authority of
section 9004 of the Resource Conservation and Recovery Act as
amended 42 U.S.C. 6991c.
Dated: December 20, 2002.
Donald S. Welsh,
Regional Administrator, Region III.
[FR Doc. 03-34 Filed 1-2-03; 8:45 am]
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