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60 FR 34879 July 5, 1995 (Volume 60, Number 128) 40 CFR Part 180/40 CFR Part 281 [FRL-5253-6] Connecticut; Final Approval of State Underground Storage Tank Program

[Federal Register: July 5, 1995 (Volume 60, Number 128)]
[Rules and Regulations]               
[Page 34879]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]


40 CFR Part 180
40 CFR Part 281


Connecticut; Final Approval of State Underground Storage Tank 

AGENCY: Environmental Protection Agency.

ACTION: Notice of final determination on the State of Connecticut's 
application for final approval.


SUMMARY: The State of Connecticut has applied for final approval of its 
Underground Storage Tank (UST) Program under Subtitle I of the Resource 
Conservation and Recovery Act. The Environmental Protection Agency 
(EPA) has reviewed Connecticut's application and has reached a final 
determination that Connecticut's UST program satisfies all the 
requirements necessary to qualify for final EPA approval. Thus, EPA is 
granting final approval to the State of Connecticut to operate its 
program in lieu of the Federal UST program.

EFFECTIVE DATE: Final approval for the State of Connecticut shall be 
effective at 1:00 p.m. on August 4, 1995.

Jonathan Walker, Office of Underground Storage Tanks, HPU-CAN7, U.S. 
EPA, Region I, JFK Federal Building, Boston, MA 02203, (617) 573-9602.


A. Background

    Section 9004 of the Resource Conservation and Recovery Act (RCRA) 
enables EPA to approve state underground storage tank programs to 
operate in a state in lieu of the Federal underground storage tank 
program. To qualify for final authorization, a state's program must: 
(1) be ``no less stringent'' than the Federal program, and (2) provide 
for adequate enforcement. Section 9004 (a) and (b) of RCRA, 42 U.S.C. 
6991c (a) and (b).
    On January 19, 1995, as required by 40 CFR 281.50(c), EPA 
acknowledged receiving from the State of Connecticut a complete 
official application requesting final approval to administer its 
underground storage tank program. On May 19, 1995, EPA published a 
tentative decision announcing its intent to grant Connecticut final 
approval of its program. See 60 FR 26859 (1995). Further background on 
EPA's tentative decision to grant approval is included in that 
    Along with the tentative determination, EPA announced the 
availability of the application for public comment and the date of a 
public hearing on the application. EPA requested advance notice for 
testimony and reserved the right to cancel for lack of public interest. 
Since there was no public interest, the public hearing was canceled. No 
public comments were received regarding EPA's approval of Connecticut's 
underground storage tank program.

B. Decision

    I conclude that the State of Connecticut's application for final 
approval meets all of the statutory and regulatory requirements 
established by Subtitle I of RCRA. Accordingly, the State of 
Connecticut is granted final approval to operate its underground 
storage tank program in lieu of the federal program. The State of 
Connecticut now has the responsibility for managing all regulated 
underground storage tank facilities within its borders and carrying out 
all aspects of the Federal underground storage tank program, except 
with regard to Indian lands, where EPA will continue to have regulatory 
authority. The State of Connecticut also has primary enforcement 
responsibility, although EPA retains the right to conduct inspections 
under Section 9005 of RCRA, 42 U.S.C. 6991d, and to take enforcement 
actions under Section 9006 of RCRA, 42 U.S.C. 6991e. EPA will continue 
to work together with the Connecticut Department of Environmental 
Protection (DEP) in its ongoing commitment and efforts to address 
environmental justice concerns in low-income urban and minority 
neighborhoods in the State.

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 the approval will not have a significant economic impact on a 
substantial number of small entities. This approval effectively 
suspends the applicability of certain federal regulations in favor of 
the State of Connecticut's program, thereby eliminating duplicative 
requirements for owners and operators of underground storage tanks 
within the State. It does not impose any new burdens on small entities. 
This rule, therefore, does not require flexibility analysis.

List of Subjects in 40 CFR Part 281

    Environmental protection, Hazardous substances, Intergovernmental 
relations, State program approval, Underground storage tanks, Water 
pollution control.

    Dated: June 27, 1995.
John P. DeVillars,
Regional Administrator.
[FR Doc. 95-16417 Filed 7-3-95; 8:45 am]

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