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61 FR 4224-4226 February 5, 1996 (Volume 61, Number 24) 40 CFR Part 282 [FRL-5331-9] Underground Storage Tank Program: Approved State Program for Georgia

[Federal Register: February 5, 1996 (Volume 61, Number 24)]
[Rules and Regulations]               
[Page 4224-4226]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr05fe96-8]


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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 282

[FRL-5331-9]

 
Underground Storage Tank Program: Approved State Program for 
Georgia

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 (EPA) 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 
Georgia's underground storage tank program and incorporates by 
reference appropriate provisions of state statutes and regulations.


[[Page 4225]]

DATES: This regulation is effective March 4, 1996, unless EPA publishes 
a prior Federal Register document withdrawing this immediate final 
rule. All comments on the codification of Georgia's underground storage 
tank program must be received by the close of business February 1, 
1996. The incorporation by reference of certain publications listed in 
the regulations is approved by the Director of the Federal Register, as 
of March 4, 1996, in accordance with 5 U.S.C. 552(a).

ADDRESSES: Comments may be mailed to the Underground Storage Tank 
Section (GWP-15), U.S. EPA Region 4, 345 Courtland St., Atlanta, GA 
30365. Comments received by EPA may be inspected in the public docket, 
located in the Water Management Division, 345 Courtland Street NE., 
Atlanta, GA 30365 from 9 a.m. to 4 p.m., Monday through Friday, 
excluding federal holidays.

FOR FURTHER INFORMATION CONTACT: John Mason, Chief, Underground Storage 
Tank Section, U.S. EPA Region 4, 345 Courtland Street NE., Atlanta, GA 
30365. Phone: (404) 347-3866, ext. 6672.

SUPPLEMENTARY INFORMATION:

Background

    Section 9004 of the Resource Conservation and Recovery Act of 1976, 
as amended, (RCRA), 42 U.S.C. 6991c, allows EPA 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 Georgia. 
(56 FR 91, May 10, 1991). Approval was effective on July 9, 1991.
    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. 6991d and 
6991e, and other applicable statutory and regulatory provisions. 
Today's rulemaking codifies EPA's approval of the Georgia underground 
storage tank program. This codification reflects the state program 
currently in effect (including statutory and regulatory updates made 
since the time EPA granted Georgia 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 Georgia 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 Georgia 
program and by amending the Code of Federal Regulations whenever a new 
or different set of requirements is approved in Georgia, the status of 
federally approved requirements of the Georgia program will be readily 
discernible. Only those provisions of the Georgia 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 Georgia's underground storage tank 
program, EPA has added section 282.60 to title 40 of the CFR. Section 
282.60 incorporates by reference for enforcement purposes the State's 
statutes and regulations. Section 282.60 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 Georgia 
enforcement authorities will not be incorporated by reference. Section 
282.60 lists those approved Georgia authorities that would fall into 
this category.

Certification Under the Regulatory Flexibility Act

    This rule codifies the decision already made (56 FR 91, May 10, 
1991) to approve the Georgia 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.
Patrick M. Tobin,
Acting Regional Administrator.

    For the reasons set forth in the preamble, 40 CFR Part 282 is 
proposed to be 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.

    2. Subpart B is amended by adding Sec. 282.60 to read as follows:

Subpart B--Approved State Programs


Sec. 282.60  Georgia State-Administered Program.

    (a) The State of Georgia 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 Georgia Department of Natural Resources, 
Environmental Protection Division, was approved by EPA pursuant to 42 
U.S.C. 6991c and part 281 of this Chapter. EPA approved the Georgia 
program on April 29, 1991 and it was effective on July 9, 1991.
    (b) Georgia 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, Georgia 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, 

[[Page 4226]]
and 40 CFR part 281, subpart E. If Georgia 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) Georgia has final approval for the following elements submitted 
to EPA in Georgia's program application for final approval and approved 
by EPA on April 29, 1991. Copies may be obtained from the Underground 
Storage Tank Management Program, Georgia Environmental Protection 
Division, 4244 International Parkway, Suite 100, Atlanta, GA 30354.
    (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) Georgia Statutory Requirements Applicable to the Underground 
Storage Tank Program, 1995.
    (B) Georgia 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 the following sections of the 
Georgia Underground Storage Tank Act:

12-13-5--Rules and regulations; enforcement powers,
12-13-8--Investigations,
12-13-14--Corrective action for violations of chapter, rules, etc., and 
for release of regulated substance into environment,
12-13-15--Injunctions and restraining orders,
12-13-16--Hearings and review,
12-13-17--Judgement by superior court,
12-13-19--Violations; imposition of penalties,
12-13-20--Action in emergencies, and
12-13-22--Representation by Attorney General

    (B) The regulatory provisions include the following sections of 
Rules of Georgia Department of Natural Resources, Environmental 
Protection Division, Underground Storage Tank Management:

391-3-15-.01(2)--Authority, and
391-3-15-.14--Enforcement

    (2) Statement of legal authority. (i) ``Attorney General's 
Certification of `No Less Stringent' Objectives And `Adequate 
Enforcement' Authorities Implementing The Underground Storage Tank 
Program'', signed by the Attorney General of Georgia on February 20, 
1990, 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 February 20, 1990, 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 in February 
1990, 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 4 and the Georgia Department of Natural Resources, signed by 
the EPA Regional Administrator on July 10, 1991, 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 ``Georgia'' and its listing.

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

* * * * *

Georgia

    (a) The statutory provisions include the Georgia Underground 
Storage Tank Act (GUSTA) (O.C.G.A. Sec. 12-13-1, et seq.):

Section 12-13-2--Public policy.
Section 12-13-3--Definitions.
Section 12-13-4--Exceptions to chapter.
Section 12-13-5--Rules and regulations; enforcement powers.
Section 12-13-6--Powers and duties of director.
Section 12-13-7--Performance standards applicable until rules and 
regulations effective.
Section 12-13-8--Investigations.
Section 12-13-9--Establishing financial responsibility; claims 
against guarantor; Underground storage Trust Fund.
Section 12-13-10--Environmental assurance fees.
Section 12-13-11--Corrective action for release of petroleum product 
into environment.
Section 12-13-12--Recovery in event of discharge or threat of 
discharge of regulated substance.
Section 12-13-13--Notice by owner of underground storage tank.
Section 12-13-14--Corrective action for violations of chapter, 
rules, etc., and for release of regulated substance into 
environment.
Section 12-13-15--Injunctions and restraining orders.
Section 12-13-16--Hearings and review.
Section 12-13-17--Judgement by superior court.
Section 12-13-18--Required compliance with chapter; proof that 
petroleum subjected to environmental fee.
Section 12-13-19--Violations; imposition of penalties.
Section 12-13-20--Action in emergencies.
Section 12-13-21--Public access to records.
Section 12-13-22--Representation by Attorney General.

    (b) The regulatory provisions include the Rules of Georgia 
Department of Natural Resources, Environmental Protection Division, 
Underground Storage Tank Management:

Section 391-3-15-.01--General provisions. Amended.
Section 391-3-15-.02--Definitions, UST Exclusions, and UST 
Deferrals. Amended.
Section 391-3-15-.03--Confidentiality of Information. Amended.
Section 391-3-15-.04--Interim Prohibition for Deferred UST Systems. 
Amended.
Section 391-3-15-.05--UST Systems: Design, Construction, 
Installation and Notification. Amended.
Section 391-3-15-.06--General Operating Requirements. Amended.
Section 391-3-15-.07--Release Detection. Amended.
Section 391-3-15-.08--Release Reporting, Investigation, and 
Confirmation. Amended.
Section 391-3-15-.09--Release Response and Corrective Action for UST 
Systems Containing Petroleum. Amended.
Section 391-3-15-.10--Release Response and Corrective Action for UST 
Systems Containing Hazardous Substances. Amended.
Section 391-3-15-.11--Out-of-Service UST Systems and Closure. 
Amended.
Section 391-3-15-.12--UST Systems Containing Petroleum; Financial 
Responsibility Requirements. Amended.
Section 391-3-15-.13--Georgia Underground Storage Tank (GUST) Trust 
Fund. Amended.
Section 391-3-15-.14--Enforcement.
Section 391-3-15-.15--Variances.

[FR Doc. 96-2225 Filed 2-2-96; 8:45 am]
BILLING CODE 6560-50-P

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