[Federal Register: July 10, 1998 (Volume 63, Number 132)]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 281
Tennessee; Tentative Approval of State Underground Storage Tank
AGENCY: Environmental Protection Agency.
ACTION: Proposed rule; notice of tentative determination on application
of State of Tennessee for final approval, public hearing and public
SUMMARY: The State of Tennessee has applied for approval of its
underground storage tank program for petroleum substances under
Subtitle I of the Resource Conservation and Recovery Act (RCRA). The
Environmental Protection Agency (EPA) has reviewed the Tennessee
application and has made the tentative decision that Tennessee's
underground storage tank program for petroleum substances satisfies all
of the requirements necessary to qualify for approval. The Tennessee
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: A public hearing is scheduled for September 3, 1998, unless
insufficient public interest is expressed in holding a hearing. EPA
reserves the right to cancel the public hearing if sufficient public
interest is not communicated to EPA in writing by August 20, 1998. EPA
will determine by August 27, 1998, whether there is significant
interest to hold the public hearing. The State of Tennessee will
participate in the public hearing held by EPA on this subject. Written
comments on the Tennessee approval application, as well as requests to
present oral testimony, must be received by the close of business on
August 20, 1998.
ADDRESSES: Copies of the Tennessee approval application are available
at the following addresses for inspection and copying:
Tennessee Department of Environment and Conservation, Division of
Underground Storage Tanks, 401 Church Street 4th Floor, L&C Tower,
Nashville, Tennessee 37243-1541, Phone: (615) 532-0945, 8:00 am through
4:30 pm, Central Daylight Savings Time
U.S. EPA Docket Clerk, Office of Underground Storage Tanks, c/o RCRA
Information Center, 1235
Jefferson Davis Highway, Arlington, Virginia 22202, Phone: (703) 603-
9231, 9:00 am through 5:00 pm, Eastern Daylight Savings Time
U.S. EPA Region 4, Underground Storage Tank Section, Atlanta Federal
Center, 15th Floor, 61 Forsyth Street, S.W., Atlanta, Georgia 30303,
Phone: (404) 562-9277, 9:00 am through 5:00 pm, Eastern Daylight
Written comments should be sent to Mr. John K. Mason, Chief of
Underground Storage Tank Section, U.S. EPA Region 4, 61 Forsyth Street
S.W., Atlanta, Georgia 30303, telephone (404) 562-9277.
Unless insufficient public interest is expressed, EPA will hold a
public hearing on the State of Tennessee's application for program
approval on September 3, 1998, at 7:00 pm, Central Daylight Savings
Time, at the Tennessee Department of Environment and Conservation,
Conference Room B, 17th Floor, L&C Tower, 401 Church Street, Nashville,
Tennessee 37243-1541. Anyone who wishes to learn whether or not the
public hearing on the State's application has been cancelled should
telephone the following contacts after August 27, 1998:
Mr. John K. Mason, Chief, Underground Storage Tank Section, U.S. EPA
Region 4, 61 Forsyth Street, S.W., Atlanta, Georgia 30303, Phone: (404)
Mr. Lamar Bradley, Acting Director, Division of Underground Storage
Tanks, Tennessee Department of Environment and Conservation, 401 Church
Street, 4th Floor, L&C Tower, Nashville, Tennessee 37243-1541, Phone:
FOR FURTHER INFORMATION CONTACT: Mr. John K. Mason, Chief, Underground
Storage Tank Section, U.S. EPA Region 4, Atlanta Federal Center, 61
Forsyth Street S.W., Atlanta, Georgia 30303, phone: (404) 562-9277.
Section 9004 of the Resource Conservation and Recovery Act (RCRA)
authorizes 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 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).
The State of Tennessee submitted their draft state program approval
application to EPA by letter dated December 9, 1993. After reviewing
the package, EPA submitted comments to the state for review. Tennessee
submitted their complete state program approval application for EPA's
tentative approval on September 1, 1996.
On December 8, 1989, Tennessee adopted UST program regulations for
petroleum underground storage tanks related to procedures for fees and
notification. The remainder of Tennessee's UST program regulations for
petroleum underground storage tanks became effective on April 15, 1990.
Prior to the adoption of the regulations, Tennessee solicited public
comment and held a public hearing on the draft UST program regulations.
EPA has reviewed the Tennessee application, and has tentatively
determined that the State's UST program for petroleum substances meets
all of the requirements necessary to qualify for final approval.
EPA will hold a public hearing on its tentative decision on
September 3, 1998, unless insufficient public interest is expressed.
The public may also submit written comments on EPA's tentative
determination until August 20, 1998. Copies of the Tennessee
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 hearing, or received in writing during
the public comment period. Issues raised by those comments may be the
basis for a decision to deny final approval to Tennessee. EPA expects
to make a final decision on whether or not to approve Tennessee's
program within 60 days, and will give notice of it in the Federal
Register. The document will include a summary of the reasons for the
final determination and a response to all major comments.
III. Administrative Requirements
A. 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.
B. Unfunded Mandates Reform Act
Title II of the Unfunded Mandates Reform Act of 1995 (UMRA), Pub.
L. 104-4, establishes requirements for Federal agencies to assess the
effects of certain regulatory actions on State, local, and tribal
governments and the private sector. Under sections 202 and 205 of the
UMRA, EPA generally must prepare a written statement of economic and
regulatory alternatives analyses for proposed and final rules with
Federal mandates, as defined by the UMRA, that may result in
expenditures to State, local, and tribal governments, in the aggregate,
or to the private sector, of $100 million or more in any one year. The
section 202 and 205 requirements do not apply to today's action because
it is not a ``Federal mandate'' and because it does not impose annual
costs of $100 million or more.
Today's rule contains no Federal mandates for State, local or
tribal governments or the private sector for two reasons. First,
today's action does not impose new or additional enforceable duties on
any State, local or tribal governments or the private sector because
the requirements of the Tennessee program are already imposed by the
State and subject to State law. Second, the Act also generally excludes
from the definition of a ``Federal mandate'' duties that arise from
participation in a voluntary Federal program. Tennessee's participation
in an approved UST program is voluntary.
Even if today's rule did contain a Federal mandate, this rule will
not result in annual expenditures of $100 million or more for State,
local, and/or tribal governments in the aggregate, or the private
sector. Costs to State, local and/or tribal governments already exist
under the Tennessee program, and today's action does not impose any
additional obligations on regulated entities. In fact, EPA's approval
of state programs generally may reduce, not increase, compliance costs
for the private sector.
The requirements of section 203 of UMRA also do not apply to
today's action. Before EPA establishes any regulatory requirements that
may significantly or uniquely affect small governments, section 203 of
the UMRA requires EPA to develop a small government agency plan. This
rule contains no regulatory requirements that might significantly or
uniquely affect small governments. The Agency recognizes that although
small governments may own and/or operate USTs, they are already subject
to the regulatory requirements under existing state law which are being
approved by EPA, and, thus, are not subject to any additional
significant or unique requirements by virtue of this program approval.
C. Certification Under the Regulatory Flexibility Act
EPA has determined that this approval will not have a significant
economic impact on a substantial number of small entities. Such small
entities which own and/or operate USTs are already subject to the
regulatory requirements under existing State law which are being
approved by EPA. EPA's approval does not impose any additional burdens
on these small entities. This is because EPA's approval would simply
result in an administrative change, rather than a change in the
substantive requirements imposed on these small entities.
Therefore, EPA provides the following certification under the
Regulatory Flexibility Act, as amended by the Small Business Regulatory
Enforcement Fairness Act. Pursuant to the provision at 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. This rule
approves regulatory requirements under existing State law to which
small entities are already subject. It does not impose any new burdens
on small entities. This rule, therefore, does not require a regulatory
D. Submission to Congress and The General Accounting Office
The Congressional Review Act, 5 U.S.C. 801 et seq., as added by the
Small Business Regulatory Enforcement Fairness Act of 1996, does not
apply because this action is not a rule, for purposes of 5 U.S.C.
E. Paperwork Reduction Act
Under the Paperwork Reduction Act, 44 U.S.C. 3501 et seq., Federal
agencies must consider the paperwork burden imposed by an information
request contained in a proposed rule or a final rule. This rule will
not impose any information requirements upon the regulated community.
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 Section
9004 of the Solid Waste Disposal Act as amended 42 U.S.C. 6912(a),
Dated: July 1, 1998.
Michael V. Peyton,
Acting Regional Administrator.
[FR Doc. 98-18422 Filed 7-9-98; 8:45 am]
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