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63 FR 37311-37313 July 10, 1998 (Volume 63, Number 132) 40 CFR Part 281 [FRL-6123-4] Tennessee; Tentative Approval of State Underground Storage Tank Program

[Federal Register: July 10, 1998 (Volume 63, Number 132)]
[Proposed Rules]               
[Page 37311-37313]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr10jy98-23]

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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 281

[FRL-6123-4]

 
Tennessee; Tentative Approval of State Underground Storage Tank 
Program

AGENCY: Environmental Protection Agency.

ACTION: Proposed rule; notice of tentative determination on application 
of State of Tennessee for final approval, public hearing and public 
comment period.

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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

[[Page 37312]]

Jefferson Davis Highway, Arlington, Virginia 22202, Phone: (703) 603-
9231, 9:00 am through 5:00 pm, Eastern Daylight Savings Time
    and
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 
Savings Time.

    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) 
562-9277, or
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: 
(615) 532-0945.

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.

SUPPLEMENTARY INFORMATION:

I. Background

    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).

II. Tennessee

    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.

[[Page 37313]]

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 
flexibility analysis.

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. 
804(3).

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), 
6926, 6974(b).

    Dated: July 1, 1998.
Michael V. Peyton,
Acting Regional Administrator.
[FR Doc. 98-18422 Filed 7-9-98; 8:45 am]
BILLING CODE 6560-50-P

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