[Federal Register: May 19, 1995 (Volume 60, Number 97)]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 281
Connecticut, Approval of State Underground Storage Tank Program
AGENCY: Environmental Protection Agency.
ACTION: Notice of tentative determination to approve the State of
Connecticut's Underground Storage Tank Program, Public Hearing and
Public Comment Period.
SUMMARY: The State of Connecticut has applied for final approval of its
underground storage tank (UST) program under Subtitle I of the Resource
Conservation and Recovery Act (RCRA), 42 U.S.C. 9004 et seq. The
Environmental Protection Agency (EPA) has reviewed Connecticut's
application and has made the tentative decision that Connecticut's
underground storage tank program satisfies all of the requirements
necessary to qualify for final program approval. EPA intends to grant
final approval to Connecticut to operate its program in lieu of the
Federal program. Connecticut's application for final approval is
available for public review and comment and a public hearing will be
held to solicit comments on the application, if requested.
DATES: All written comments on Connecticut's state program approval
application must be postmarked no later than June 21, 1995. EPA will
then respond to written comments where issues are raised concerning
EPA's tentative program approval.
A public hearing is scheduled for June 21, 1995. The hearing will
begin at 10:00 a.m. and will continue until the end of testimony or
1:00 p.m., whichever is later. Connecticut will participate in any
public hearing held by EPA on this subject. Requests to present oral
comments at the hearing must be received at EPA by June 14, 1995.
EPA reserves the right to cancel the public hearing if significant
public interest in a hearing is not communicated to EPA, in writing,
and postmarked by June 14, 1995.
EPA will determine after June 14, 1995 whether there is significant
interest to hold a public hearing. In the event the public hearing is
cancelled, persons requesting to present oral comments will be timely
notified of the cancellation.
ADDRESSES: Written comments should be mailed to Andrea Beland,
Underground Storage Tank Program, HPU-7, U.S. EPA, Region I, JFK
Federal Building, Boston, Massachusetts 02203, Phone: (617) 573-9604.
The public hearing will be held at the State Capitol Building, Old
Judiciary Hearing Room, 210 Capitol Ave., Hartford, Connecticut.
Copies of Connecticut's final approval application are available
between 8:30 a.m.-4:00 p.m., Monday through Friday, at the following
locations for review and copying:
Connecticut Department of Environmental Protection, Waste Management
Bureau, 79 Elm Street, Hartford, Connecticut 06106, Phone: (203) 424-
3374; (Attn.: Kelly McShea);
U.S. EPA Headquarters, Library, Room 211A, 401 M Street, Washington,
D.C. 20460, Phone: (202) 382-5926;
U.S. EPA, Region I Library, 1 Congress Street, 11th Floor, Boston,
Massachusetts 02203, Phone: (617) 565-3300.
FOR FURTHER INFORMATION CONTACT: Andrea Beland, HPU-7, Underground
Storage Tank Program, U.S. EPA, Region I, JFK Federal Building, Boston,
Massachusetts 02203, Phone: (617) 573-9604. Comments should be sent to
Section 9004 of the Resource Conservation and Recovery Act (RCRA),
42 U.S.C. 9004, authorizes EPA to approve State underground storage
tank programs to operate in lieu of the Federal underground storage
tank (UST) program. Program approval is granted by EPA, if the Agency
finds that the State program:
(1) Is ``no less stringent'' than the Federal program in all eight
elements found at 40 CFR 281;
(2) Includes the notification requirements found at Section
9004(a)(8), 42 U.S.C. 6991c(a)(8); and
(3) Provides for adequate enforcement of compliance with UST
standards at Section 9004(a), 42 U.S.C. 6991c(a).
In February of 1991, the State of Connecticut submitted a draft UST
application to EPA for program approval. The Connecticut Department of
Environmental Protection (CT DEP) prepared and submitted the
application, because it is responsible for the underground storage tank
regulatory program and the leaking underground storage tank corrective
The CT DEP, working with EPA, amended its UST rules, to meet the
``no less stringent'' federal requirements. Consistent with
Connecticut's laws, the State provided public notice and an opportunity
to comment on the amended regulations, Connecticut DEP held public
hearings on May 22, 1992 and on September 29, 1992. The proposed
regulations were rejected without prejudice by Connecticut's
Legislative Regulation Review Committee (LRRC) most recently in April
of 1994. However, CT DEP corrected the regulations and the LRRC
approved them. The regulations then became effective on July 28, 1994,
but were not fully enforceable until they were published on September
In accordance with the requirements of 40 CFR 281.50(b),
Connecticut published a public notice on April 14, 1992 and August 25,
1992, announcing a public hearing to be held on May 22, 1992 and
September 29, 1992, respectively and requesting comments on
Connecticut's intention to seek program approval. On December 28, 1994,
EPA received a Final Application for program approval.
EPA reviewed Connecticut's application and tentatively determined
that the state's program meets all of the [[Page 26860]] requirements
necessary to qualify for final program approval. Consequently, EPA
intends to grant final approval to Connecticut to operate its UST
program in lieu of the Federal UST program.
Based on a detailed review of Connecticut's application for UST
program approval, EPA has determined that the Connecticut Department of
Environmental Protection has developed standards and criteria for the
design, installation, operation, maintenance, and monitoring of
underground storage tanks to prevent UST related ground and surface
water contamination, under the authority of the Connecticut General
Statue Section 22a-449(d) and Regulations of Connecticut State Agency
(``R.C.S.A.'') Sections 22a-449(d)-101 through 113.
Connecticut General Law provides:
(1) Authority to promulgate UST regulations for controlling
underground storage facilities containing petroleum and hazardous
(2) Authority to impose civil penalties for violations of any
statutory or regulatory requirement;
(3) Authority to conduct compliance monitoring inspections and
other enforcement activities;
(4) Authority to promulgate UST notification requirements for
owners and operators of underground storage tanks; and
(5) Authority for the response to, clean up, and corrective actions
of petroleum or hazardous substance releases.
C. Public Hearing and Comments
In accordance with Section 9004 of RCRA, 42 U.S.C. 6991c and 40 CFR
281.50(e), if sufficient public interest is received by June 14, 1995,
EPA will hold a public hearing on its tentative decision on June 21,
1995 from 10:00 a.m.-1:00 p.m. in the State Capitol Building, Old
Judiciary Room, 210 Capitol Ave., Hartford, Connecticut.
The public may also submit written comments on EPA's tentative
determination. Written comments must be postmarked by May 31, 1995 as
to allow EPA and the state a reasonable opportunity to research and
prepare responses. Copies of Connecticut's application are available
for inspection and copying at the locations indicated in the ADDRESSES
section of this notice.
EPA will consider all public comments on its tentative
determination received during the public comment period and at the
hearing. Issues raised by those comments may be the basis for a
decision to deny final approval to Connecticut. EPA expects to make a
final decision on whether or not to approve Connecticut's program
within sixty (60) days after the date of the public hearing and will
give notice of it in the Federal Register. The notice will include a
summary of the reasons for the final determination and a response to
all significant comments.
Compliance With Executive Order 122866
The Office of Management and Budget has exempted this rule from the
requirement of Section 6 of Executive Order 122866.
Certification Under the Regulatory Flexibility Act
Pursuant to the provisions of 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. The approval of Connecticut's UST
program effectively suspends the applicability of the Federal UST
regulations, thereby eliminating duplicative requirements for owners
and operators of underground storage tanks in the State of Connecticut.
It does not impose any new burdens on small entities. This rule,
therefore, does not require a regulatory flexibility analysis.
List of Subjects in 40 CFR Part 281
Environmental protection, Hazardous substances, Incorporation by
reference, Intergovernmental relations, State program approval,
Underground storage tanks, Water pollution control.
Authority: This notice is issued under the authority of Section
9004 of the Solid Waste Disposal Act as amended, 42 U.S.C 6991c.
Dated: May 6, 1995.
John P. DeVillars,
[FR Doc. 95-12302 Filed 5-18-95; 8:45 am]
BILLING CODE 6560-50-P
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