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60 FR 12709-12710 March 8, 1995 (Volume 60, Number 45) 40 CFR Part 281 [FRL-5168-1] Utah; Final Approval of State Underground Storage Tank Program

[Federal Register: March 8, 1995 (Volume 60, Number 45)]
[Rules and Regulations]               
[Page 12709-12710]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]


40 CFR Part 281


Utah; Final Approval of State Underground Storage Tank Program

AGENCY: Environmental Protection Agency.

ACTION: Notice of final determination on State of Utah application for 
final approval.


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

EFFECTIVE DATE: Final approval for Utah shall be effective at 1:00 pm 
Eastern Time on April 7, 1995.

FOR FURTHER INFORMATION CONTACT: Leslie Zawacki, Underground Storage 
Tank Program Section, U.S. EPA, Region 8, 8HWM-WM, 999 18th Street, 
Denver, Colorado 80202, phone: (303) 293-1665.


A. Background

    Section 9004 of the Resource Conservation and Recovery Act (RCRA) 
enables EPA to approve state underground storage tank programs to 
operate in the State in lieu of the Federal underground storage tank 
(UST) program. Program approval is granted by EPA if the Agency finds 
that the State program: (1) is ``no less stringent'' than the Federal 
program in all seven elements, and includes 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)).
    On September 20, 1993, Utah submitted an application for 
``complete'' program approval which includes regulation of both 
petroleum and hazardous substance tanks. The State of Utah established 
authority through the Utah Solid and Hazardous Waste Act to implement 
an underground storage tank program in February 1986, and further 
developed its authority in the UST Act in February 1989. The State 
adopted the federal rules and developed some additional rules in 
February 1989.
    On October 27, 1994, EPA published a tentative decision announcing 
its intent to grant Utah final approval. Further background on the 
tentative decision to grant approval appears at 59 FR 53955, October 
27, 1994. Along with the tentative determination, EPA announced the 
availability of the application for public comment and provided notice 
that a public hearing would be provided if significant public interest 
was shown. EPA received no comments on the application and no request 
for a public hearing, therefore, a hearing was not held.

B. Decision

    I conclude that Utah's application for final approval meets all of 
the statutory and regulatory requirements established by Subtitle I of 
RCRA. Accordingly, Utah is granted final approval to operate its 
underground storage tank program in lieu of the Federal program. Utah 
now has the responsibility for managing underground storage tank 
facilities within its borders and carrying out all aspects of the UST 
program except with regard to ``Indian Country,'' as defined in 18 
U.S.C. 1151, where EPA will retain and otherwise exercise regulatory 
authority. Utah 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.

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 Utah's 
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. [[Page 12710]] 

List of Subjects in 40 CFR Part 281

    Environmental protection, Administrative practice and procedure, 
Hazardous materials, State program approval, Underground storage tanks.

    Authority: This notice is issued under the authority of sections 
2002(a), 7004(b), and 9004 of the Solid Waste Disposal Act as 
amended, 42 U.S.C. 6912(a), 6974(b), and 6991(c).

    Dated: March 1, 1995.
Jack W. McGraw,
Acting Regional Administrator.
[FR Doc. 95-5657 Filed 3-7-95; 8:45 am]

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