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60 FR 14371-14372 March 17, 1995 (Volume 60, Number 52) 40 CFR Part 281 [FRL-5173-6] Massachusetts; Final Approval of State Underground Storage Tank Program

[Federal Register: March 17, 1995 (Volume 60, Number 52)]
[Rules and Regulations]               
[Page 14371-14372]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]



40 CFR Part 281


Massachusetts; Final Approval of State Underground Storage Tank 

AGENCY: Environmental Protection Agency.

[[Page 14372]] ACTION: Notice of final determination on the 
Commonwealth of Massachusetts' application for final approval.


SUMMARY: The Commonwealth of Massachusetts has applied for final 
approval of its Underground Storage Tank (UST) Program under Subtitle I 
of the Resource Conservation and Recovery Act, 42 U.S.C. 9004. The 
Environmental Protection Agency (EPA) has reviewed Massachusetts's 
application and has reached a final determination that Massachusetts's 
UST Program satisfies all the requirements necessary to qualify for 
final approval. Thus, EPA is granting final approval to Massachusetts 
to operate its program in lieu of the Federal UST program.

EFFECTIVE DATE: Final approval for the Commonwealth of Massachusetts' 
UST Program shall be effective at 1:00 p.m. on April 17, 1995.

FOR FURTHER INFORMATION CONTACT: Myra Schwartz, Office of Underground 
Storage Tanks, HPU-CAN7, U.S. EPA, Region I, JFK Federal Building, 
Boston, MA 02203, (617) 573-5743.


A. Background

    Section 9004 of the Resource Conservation and Recovery Act (RCRA) 
enables EPA to approve state underground storage tank programs to 
operate in a state in lieu of the Federal UST program. To qualify for 
final authorization, a state's program must: (1) Be ``no less 
stringent'' than the Federal program, and (2) provide for adequate 
enforcement. Section 9004 (a) and (b) of RCRA, 42 U.S.C. 6991c (a) and 
    On October 5, 1992, as required by 40 CFR 281.50(c), EPA 
acknowledged receiving from Massachusetts a complete official 
application requesting final approval to administer its UST program. On 
May 17, 1994, EPA published a tentative decision announcing its intent 
to grant Massachusetts final approval of its program. See 59 FR 25588 
(1994). Further background on EPA's tentative decision to grant 
approval is included in that decision.
    Along with the tentative determination, EPA announced the 
availability of the application for public comment and the date of a 
public hearing on the application. EPA received written and oral 
comments on the application, and a public hearing was held on June 30, 
    Three commentators raised concerns regarding the applicability of 
environmental justice to the Massachusetts UST program implementation. 
EPA notes that Massachusetts' receipt of Federal financial assistance 
subjects Massachusetts to the obligations of Title VI of the Civil 
Rights Act of 1964. EPA is committed to working with Massachusetts to 
support and ensure compliance with all Title VI requirements. 
Furthermore, the narrative portion of Massachusetts' application 
expresses its voluntary support of environmental justice principles in 
the management of the UST program. Although this is not a criterion for 
program approval, EPA acknowledges Massachusetts' support of 
environmental justice principles.

B. Decision

    I conclude that Massachusetts' application for final approval meets 
all of the statutory and regulatory requirements established by 
Subtitle I of RCRA. Accordingly, Massachusetts is granted final 
approval to operate its UST program in lieu of the Federal program. 
Massachusetts now has the responsibility for managing all regulated 
underground storage tank facilities within its borders and carrying out 
all aspects of the Federal UST program, except with regard to Indian 
lands, where EPA will continue to have regulatory authority. 
Massachusetts 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. EPA will continue to work together with the 
Massachusetts Department of Environmental Protection (DEP) in its 
ongoing commitment and efforts to address environmental justice 
concerns in low-income urban and minority neighborhoods in 

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 the approval will not have a significant economic impact on a 
substantial number of small entities. This approval effectively 
suspends the applicability of certain federal regulations in favor of 
Massachusetts' Program, thereby eliminating duplicative requirements 
for owners and operators of underground storage tanks within 
Massachusetts. It does not impose any new burdens on small entities. 
This rule, therefore, does not require flexibility analysis.

List of Subjects in 40 CFR Part 281

    Environmental protection, Administrative practice and procedure, 
Hazardous materials.

    Authority: Section 9004 of the Solid Waste Disposal Act as 
amended, 42 U.S.C. 6991c.

    Dated: March 3, 1995.
John P. DeVillars,
Regional Administrator.
[FR Doc. 95-6675 Filed 3-16-95; 8:45 am]

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