[Federal Register: May 5, 2004 (Volume 69, Number 87)]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 281
Missouri: Tentative Approval of Missouri Underground Storage Tank
AGENCY: Environmental Protection Agency (EPA).
ACTION: Proposed rule; tentative determination on application of State
of Missouri for final approval; public comment period.
SUMMARY: Missouri has applied to EPA for final approval of its
underground storage tank (UST) program under Subtitle I of the Resource
Conservation and Recovery Act (RCRA). EPA has reviewed the Missouri
application and has made a tentative determination that Missouri's UST
program satisfies all of the requirements necessary to qualify for
final approval. Thus, by this proposed rule, EPA is providing notice
that EPA intends to grant final approval to Missouri to operate its UST
program in lieu of the Federal program. Missouri's application for
approval is available for public review and comment. A public hearing
will be held to solicit comments on the application, if significant
public interest is expressed.
DATES: Comments must be received on or before June 4, 2004.
ADDRESSES: Send written comments to Linda Garwood, EPA Region 7, ARTD/
STOP, 901 North 5th Street, Kansas City, Kansas 66101. Comments may
also be submitted electronically, or through hand delivery/courier.
Please follow the detailed instructions described in Part (III) (B) (1)
(i) through (iii) of the SUPPLEMENTARY INFORMATION section.
FOR FURTHER INFORMATION CONTACT: Linda Garwood at (913) 551-7268, or by
e-mail at firstname.lastname@example.org.
Subtitle I of the Resource Conservation and Recovery Act (RCRA), as
amended, requires that EPA develop standards for Underground Storage
Tanks (UST) systems as may be necessary to protect human health and the
environment, and procedures for approving state programs in lieu of the
Federal program. EPA promulgated state program approval procedures at
40 CFR part 281. Program approval may be granted by EPA pursuant to
RCRA section 9004(b), if the Agency finds that the state program is
``no less stringent'' than the Federal program for the seven elements
set forth at RCRA section 9004(a)(1) through (7); includes the
notification requirements of RCRA section 9004(a)(8); and provides for
adequate enforcement of compliance with UST standards of RCRA section
9004(a). Note that RCRA sections 9005 (information-gathering) and 9006
(Federal enforcement) by their terms apply even in states with programs
approved by EPA under RCRA section 9004. Thus, the Agency retains its
authority under RCRA sections 9005 and 9006, 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 analogues to these provisions.
II. Missouri UST Program
The Missouri Department of Natural Resources (MDNR) is the lead
implementing agency for the UST program in Missouri. MDNR has broad
statutory authority to regulate UST releases under Sections 260.500
through 260.550 of the Revised Statutes of Missouri (RSMo.) and more
specific authority to regulate the installation, operation,
maintenance, and closure of USTs under sections 319.100 through
319.139, RSMo., the Missouri UST Law. Additional authorities, in
particular the appeals process through the Missouri Clean Water
Commission, are found at Chapter 644, RSMo., the Missouri Clean Water
The State of Missouri submitted a state program approval
application to EPA by letter dated July 28, 2003. EPA evaluated the
information provided and determined the application package met all
requirements for a complete program application. On December 11, 2003,
EPA notified Missouri that the application package was complete.
Included in the state's Application is an Attorney General's
statement. The Attorney General's statement provides an outline of the
state's statutory and regulatory authority and details concerning areas
where the state program is broader in scope or more stringent than the
Federal program. Also included was a transmittal letter from the
Governor of Missouri requesting program approval, a description of the
Missouri UST program, a demonstration of Missouri's procedures to
ensure adequate enforcement, a Memorandum of Agreement outlining the
roles and responsibilities of EPA and the Missouri Department of
Natural Resources, and copies of all applicable state statutes and
regulations. EPA has reviewed the application and supplementary
materials, and has tentatively determined that the State's UST program
meets all of the requirements necessary to qualify for final approval.
Specifically, the Missouri UST program has requirements that are no
less stringent than the Federal requirements at 40 CFR 281.30 New UST
system design, construction, installation, and notification; 40 CFR
281.31 Upgrading existing UST systems; 40 CFR 281.32 General operating
requirements; 40 CFR 281.33 Release detection; 40 CFR 281.34 Release
reporting, investigation, and confirmation; 40 CFR 281.35 Release
response and corrective action; 40 CFR 281.36 Out-of-service UST
systems and closure; 40 CFR 281.37 Financial responsibility for UST
systems containing petroleum; and 40 CFR 281.39 Lender Liability.
Additionally, the Missouri UST program has adequate enforcement of
compliance, as described at 40 CFR 281.40 Requirements for compliance
monitoring program and authority; 40 CFR 281.41 Requirements for
enforcement authority; 40 CFR 281.42 Requirements for public
participation; and 40 CFR 281.43 Sharing of information.
III. General Information
A. How Can I Get Copies of This Document and Other Related Information?
1. A copy of Missouri's application is available for review at EPA
Region 7, Library, 901 N. 5th Street, Kansas City, KS 66101. EPA
requests that, if at all possible, you contact the contact listed in
the FOR FURTHER INFORMATION CONTACT section to schedule your review.
The Regional Office's official hours of business are Monday through
Friday, 8 to 4:30, excluding Federal holidays.
2. Copies of the state submittal are also available during normal
business hours at the following addresses: The U.S. EPA Docket Clerk,
Office of Underground Storage Tanks, c/o RCRA Information Center, 1235
Jefferson Davis Highway, Arlington, Virginia 22202, telephone (703)
603-9230, and at the Missouri Department of Natural Resources, P.O. Box
176, Jefferson City, Missouri 65102, telephone (573) 751-2058.
3. Electronic Access. You may access this Federal Register document
electronically through the Regulations.gov Web site located at
http://www.regulations.gov where you can find, review, and submit
comments on Federal rules that have been published in the Federal
Register, the Government's legal newspaper, and are open for comment.
For public commenters, it is important to note that EPA's policy is
that public comments, whether submitted electronically or in paper,
will be made available for public viewing at the EPA Regional Office,
as EPA receives them and without change, unless the comment contains
copyrighted material, CBI, or other information whose disclosure is
restricted by statute. When EPA identifies a comment containing
copyrighted material, EPA will provide a reference to that material in
the version of the comment that is placed in the official public
rulemaking file. The entire printed comment, including the copyrighted
material, will be available at the Regional Office for public
B. How and To Whom Do I Submit Comments?
You may submit comments electronically, by mail, or through hand
delivery/courier. To ensure proper receipt by EPA, identify the
appropriate rulemaking by including the text ``Public comment on
proposed rulemaking for the Missouri UST Program'' in the subject line
on the first page of your comment. Please ensure that your comments are
submitted within the specified comment period. Comments received after
the close of the comment period will be marked ``late.'' EPA is not
required to consider these late comments.
1. Electronically. If you submit an electronic comment as
prescribed below, EPA recommends that you include your name, mailing
address, and an e-mail address or other contact information in the body
of your comment. Also include this contact information on the outside
of any disk or CD ROM you submit, and in any cover letter accompanying
the disk or CD ROM. This ensures that you can be identified as the
submitter of the comment and allows EPA to contact you in case EPA
cannot read your comment due to technical difficulties or needs further
information on the substance of your comment. EPA's policy is that EPA
will not edit your comment, and any identifying or contact information
provided in the body of a comment will be included as part of the
comment that is placed in the official public docket. If EPA cannot
read your comment due to technical difficulties and cannot contact you
for clarification, EPA may not be able to consider your comment.
i. E-mail. Comments may be sent by electronic mail (e-mail) to
email@example.com, please include the text ``Public comment on
proposed rulemaking for the Missouri UST Program'' in the subject line.
EPA's e-mail system is not an ``anonymous access'' system. If you send
an e-mail comment directly without going through Regulations.gov, EPA's
e-mail system automatically captures your e-mail address. E-mail
addresses that are automatically captured by EPA's e-mail system are
included as part of the comment that is placed in the official public
ii. Regulations.gov. Your use of Regulations.gov is an alternative
method of submitting electronic comments to EPA. Go directly to
to=http://www.regulations.gov , click on ``To Search for
Regulations,'' then select Environmental Protection Agency and use the
``go'' button. The list of current EPA actions available for comment
will be listed. Please follow the online instructions for submitting
comments. The system is an ``anonymous access'' system, which means EPA
will not know your identity, e-mail address, or other contact
information unless you provide it in the body of your comment.
iii. Disk or CD ROM. You may submit comments on a disk or CD ROM
that you mail to the mailing address identified in Section 2, directly
below. These electronic submissions will be accepted in WordPerfect,
Word or ASCII file format. Avoid the use of special characters and any
form of encryption.
2. By Mail. Send your comments to Linda Garwood, EPA Region 7,
ARTD/STOP, 901 North 5th Street, Kansas City, Kansas 66101. Please
include the text ``Public comment on proposed rulemaking for the
Missouri UST Program'' in the subject line on the first page of your
3. By Hand Delivery or Courier. Deliver your comments to Linda
Garwood, EPA Region 7, ARTD/STOP, 901 North 5th Street, Kansas City,
Kansas 66101. Such deliveries are only accepted during the Regional
Office's normal hours of operation. The Regional Office's official
hours of business are Monday through Friday, 8 to 4:30 excluding
C. How Should I Submit CBI to the Agency?
Do not submit information that you consider to be CBI
electronically to EPA. You may claim information that you submit to EPA
as CBI by marking any part or all of that information as CBI (if you
submit CBI on disk or CD ROM, mark the outside of the disk or CD ROM as
CBI and then identify electronically within the disk or CD ROM the
specific information that is CBI). Information so marked will not be
disclosed except in accordance with procedures set forth in 40 CFR part
In addition to one complete version of the comment that includes
any information claimed as CBI, a copy of the comment that does not
contain the information claimed as CBI must be submitted for inclusion
in the official public regional rulemaking file. If you submit the copy
that does not contain CBI on disk or CD ROM, mark the outside of the
disk or CD ROM clearly that it does not contain CBI. Information not
marked as CBI will be included in the public file and available for
public inspection without prior notice. If you have any questions about
CBI or the procedures for claiming CBI, please consult the person
identified in the FOR FURTHER INFORMATION CONTACT section.
D. What Should I Consider as I Prepare My Comments for EPA?
You may find the following suggestions helpful for preparing your
1. Explain your views as clearly as possible.
2. Describe any assumptions that you used.
3. Provide any technical information and/or data you used that
support your views.
4. If you estimate potential burden or costs, explain how you
arrived at your estimate.
5. Provide specific examples to illustrate your concerns.
6. Offer alternatives.
7. Make sure to submit your comments by the comment period deadline
8. To ensure proper receipt by EPA, identify the appropriate
rulemaking by including the text ``Public comment on proposed
rulemaking for the Missouri UST Program'' in the subject line on the
first page of your comment. It would also be helpful if you provided
the name, date, and Federal Register citation related to your comments.
Notice of Public Hearing
A public hearing will be scheduled if there is sufficient public
interest communicated to EPA by June 4, 2004. EPA will determine by
June 21, 2004, whether there is significant interest to hold the public
hearing. The state of Missouri will participate in such public hearing
held by EPA on this subject.
Anyone wishing to learn the status of the public hearing on the
state's application may telephone the following
contacts after June 21, 2004: Linda Garwood, EPA Region 7, ARTD/STOP,
901 North 5th Street, Kansas City, Kansas 66101, (913) 551-7268; John
Balkenbush, Chief, Tanks Section, Hazardous Waste Program, Air and Land
Protection Division, Missouri Department of Natural Resources, P.O. Box
176, Jefferson City, Missouri 65102, (573) 526-0971.
Statutory and Executive Order Reviews
The Office of Management and Budget (OMB) has exempted this action
from the requirements of Executive Order 12866 (58 FR 51735, October 4,
1993), and therefore this action is not subject to review by OMB. For
this reason, this action is also not subject to Executive Order 13211,
``Actions Concerning Regulations That Significantly Affect Energy
Supply, Distribution, or Use'' (66 FR 28355, May 22, 2001). This action
proposes to authorize state requirements for the purpose of RCRA
section 9004 and would impose no additional requirements beyond those
imposed by state law. Accordingly, the Administrator certifies that
this action will not have a significant economic impact on a
substantial number of small entities under the Regulatory Flexibility
Act (5 U.S.C. 601 et seq.). Because this proposed action proposes to
authorize 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 of 1995 (Pub. L. 104-4). For the same reason, this proposed action
does not have tribal implications within the meaning of Executive Order
13175 (65 FR 67249, November 6, 2000). It does not have substantial
direct effects on tribal governments, on the relationship between the
Federal government and the Indian tribes, or on the distribution of
power and responsibilities between the Federal government and Indian
tribes, as specified in Executive Order 13175. This proposed action
will not have 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, as specified in Executive Order 13132 (64 FR 43255, August
10, 1999), because it merely proposes to authorize state requirements
as part of the state underground storage tank program without altering
the relationship or the distribution of power and responsibilities
established by RCRA. This proposed action also is not subject to
Executive Order 13045 (62 FR 19885, April 23, 1997), because it is not
Under RCRA section 9004, EPA grants approval of a state's program
as long as the state meets the criteria required by RCRA. It would thus
be inconsistent with applicable law for EPA, when it reviews a state
program application, to require the use of any particular voluntary
consensus standard in place of another standard that otherwise
satisfies the requirements of RCRA. Thus, the requirements of section
12(d) of the National Technology Transfer and Advancement Act of 1995
(15 U.S.C. 272 note) do not apply. As required by section 3 of
Executive Order 12988 (61 FR 4729, February 7, 1996), in issuing this
proposed rule, EPA has taken the necessary steps to eliminate drafting
errors and ambiguity, minimize potential litigation, and provide a
clear legal standard for affected conduct. EPA has complied with
Executive Order 12630 (53 FR 8859, March 15, 1988) by examining the
takings implications of the proposed action in accordance with the
``Attorney General's Supplemental Guidelines for the Evaluation of Risk
and Avoidance of Unanticipated Takings'' issued under the executive
order. This proposed action does not impose an information collection
burden under the provisions of the Paperwork Reduction Act of 1995 (44
U.S.C. 3501 et seq.).
List of Subjects in 40 CFR Part 281
Environmental protection, Administrative practice and procedure,
Hazardous materials, State program approval, Underground storage tanks.
Authority: This document is issued under the authority of
Section 9004 of the Solid Waste Disposal Act as amended 42 U.S.C.
6912(a), 6926, 6974(b).
Dated: April 16, 2004.
James B. Gulliford,
Regional Administrator, Region 7.
[FR Doc. 04-10214 Filed 5-4-04; 8:45 am]
BILLING CODE 6560-50-U
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