[Federal Register: July 12, 2006 (Volume 71, Number 133)]
[Rules and Regulations]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
ENVIRONMENTAL PROTECTION AGENCY
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
from=leavingFR.html&log=linklog&to=http://www.regulations.gov 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 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.
FOR FURTHER INFORMATION CONTACT: Mr. Andrew Tschampa, Chief,
Underground Storage Tank Section, U.S. EPA Region 5, DU-7J, 77 West
Jackson Blvd., Chicago, Illinois, Telephone: (312) 886-6136.
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.
The Indiana Department of Environmental Management (IDEM) is the
implementing agency for underground storage tank (UST) activities in
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
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.
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
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.
Acting Regional Administrator, Region 5.
[FR Doc. E6-10866 Filed 7-11-06; 8:45 am]
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