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71 FR 39213-39214 July 12, 2006 (Volume 71, Number 133) 40 CFR Part 281 [FRL-8195-8] Indiana; Final Approval of State Underground Storage Tank Program

[Federal Register: July 12, 2006 (Volume 71, Number 133)]
[Rules and Regulations]               
[Page 39213-39214]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]



40 CFR Part 281


Indiana; Final Approval of State Underground Storage Tank Program

AGENCY: Environmental Protection Agency.

ACTION: Notice of Final Determination on the State of Indiana's 
Application for Final Approval.


SUMMARY: The State of Indiana has applied for approval of the 
underground storage tank program under Subtitle I of the Resource 
Conservation and Recovery Act (RCRA). The Environmental Protection 
Agency (EPA) has reviewed the Indiana application and has reached a 
final determination that Indiana's underground storage tank program 
satisfies all of the requirements necessary to qualify for approval 
under the regulations. Thus, the EPA is granting final approval to the 
State of Indiana to operate its Underground Storage Tank Program for 
petroleum and hazardous substances.

DATES: Effective Date: Final approval for the State of Indiana's 
Underground Storage Tanks Program is effective on August 11, 2006.

ADDRESSES: EPA has established a docket for this action under Docket ID 
No. EPA-R05-UST-2006-0188. All documents in the docket are listed on 
the http://frwebgate.access.gpo.gov/cgi-bin/leaving.cgi?
from=leavingFR.html&log=linklog&to=http://www.regulations.gov Exit EPA Disclaimer Web site. 
Although listed in the index, some information is not publicly available. e.g., CBI or other 
information whose disclosure is restricted by statute. Certain other 
material, such as copyrighted material, is not placed on the Internet 
and will be publicly available only in hard form. Publicly available 
docket materials are available either electronically through 
linklog&to=http://www.regulations.gov Exit EPA Disclaimer or in hard copy at the following addresses; Indiana 

Department of Environmental Management, File Room located on the 12th 
floor of the Indiana Government Center--North, 100 North Senate Avenue 
46204, Telephone: (317) 234-0963, Monday through Friday, 8:30 a.m. 
through 4:30 p.m.; and U.S. EPA Region 5, Underground Storage Tank 
Section, 77 West Jackson Blvd., Chicago, Illinois 60604. This facility 
is open from 8:30 a.m. to 4:30 p.m., Monday through Friday, excluding 
legal holidays. We recommend you telephone Sandra Siler, Enforcement 
Officer, at (312) 886-0429 before visiting the Region 5 office.

Underground Storage Tank Section, U.S. EPA Region 5, DU-7J, 77 West 
Jackson Blvd., Chicago, Illinois, Telephone: (312) 886-6136.


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). 
Note that RCRA sections 9005 (on information-gathering) and 9006 (on 
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. Indiana

    The Indiana Department of Environmental Management (IDEM) is the 
implementing agency for underground storage tank (UST) activities in 
the State.
    IDEM UST/LUST program was first implemented in 1986 and IDEM 
recently amended its technical rules, which came into effect October 
2004. Indiana adopted UST program regulations for petroleum and 
hazardous substance underground storage tanks. Prior to the adoption of 
the regulations, Indiana solicited public comments on the draft UST 
program regulations.
    IDEM submitted their application for State Program Approval (SPA) 
of Indiana's UST program to U.S. EPA by letter dated April 5, 2005. EPA 
reviewed IDEM's application and determined it to be complete. EPA 
notified IDEM in a June 22, 2005, letter that the Indiana application 
was complete. On March 22, 2006, the EPA published a tentative decision 
announcing its intent to grant Indiana final approval.

III. Decision

    I conclude that the State of Indiana's application for final 
program approval meets all of the statutory and regulatory requirements 
established by Subtitle I of RCRA. Accordingly, Indiana is granted 
final approval to operate its Underground Storage Tank Program for 
petroleum and hazardous substances. The State of Indiana now has the 
responsibility for managing all regulated underground storage tank 
facilities within its border and carrying out all aspects of the 
Underground Storage Tank Program. Indiana also has primary enforcement 
responsibility, although the EPA retains the right to conduct 
enforcement under section 9006 of RCRA.

IV. Statutory and Executive Order Reviews

    This rule only applies to the Indiana Department of Environmental 
Management's underground storage tank program requirements pursuant to 
RCRA section 9004 and imposes no requirements other than those imposed 
by State law (see Supplementary Information). Therefore, this rule 
complies with applicable executive orders and statutory provisions as 
    1. Executive Order 12866: Regulatory Planning Review--The Office of 
Management and Budget has exempted this rule from its review under 
Executive Order (EO) 12866. 2. Paperwork Reduction Act--This rule does 
not impose an information collection burden under the Paperwork 
Reduction Act. 3. Regulatory Flexibility Act--After considering the 
economic impacts of today's rule on small entities under the Regulatory 
Flexibility Act, I certify that this rule will not have a significant 
economic impact on a substantial number of small entities. 4. Unfunded 
Mandates Reform Act--Because this rule codifies 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. 5. 
Executive Order 13132: Federalism--EO 13132 does not apply to this rule 
because it will not have federalism implications (i.e., substantial 

[[Page 39214]]

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). 6. Executive 
Order 13175: Consultation and Coordination with Indian Tribal 
Governments--EO 13175 does not apply to this rule because it will not 
have tribal implications (i.e., substantial direct effects on one or 
more Indian tribes, on the relationship between the Federal Government 
and Indian tribes, or on the distribution of power and responsibilities 
between the Federal Government and Indian tribes). 7. Executive Order 
13045: Protection of Children from Environmental Health & Safety 
Risks--This rule is not subject to EO 13045 because it is not 
economically significant and it is not based on health or safety risks. 
8. Executive Order 13211: Actions that Significantly Affect Energy 
Supply, Distribution, or Use--This rule is not subject to EO 13211 
because it is not a significant regulatory action as defined in EO 
12866. 9. National Technology Transfer and Advancement Act--Section 
12(d) of the National Technology Transfer and Advancement Act of 1995 
(``NTTAA''), Public Law 104-113, 12(d) (15 U.S.C. 272 note) directs EPA 
to use voluntary consensus standards in its regulatory activities 
unless to do so would be inconsistent with applicable law or otherwise 
impractical. Voluntary consensus standards are technical standards 
(e.g., materials specifications, test methods, sampling procedures, and 
business practices) that are developed or adopted by voluntary 
consensus standards bodies. The NTTAA directs EPA to provide Congress, 
through OMB, explanations when the Agency decides not to use available 
and applicable voluntary consensus standards.
    This action does not involve technical standards. Therefore, EPA is 
not considering the use of any voluntary consensus standards.

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: June 5, 2006.
Bharat Mathur,
Acting Regional Administrator, Region 5.
[FR Doc. E6-10866 Filed 7-11-06; 8:45 am]

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