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60 FR 26859-26860 May 19, 1995 (Volume 60, Number 97) 40 CFR Part 281 [FRL-5208-8] Connecticut, Approval of State Underground Storage Tank Program

[Federal Register: May 19, 1995 (Volume 60, Number 97)]
[Proposed Rules]               
[Page 26859-26860]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]


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.

Storage Tank Program, U.S. EPA, Region I, JFK Federal Building, Boston, 
Massachusetts 02203, Phone: (617) 573-9604. Comments should be sent to 
this address.


A. Background

    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).

B. Connecticut

    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 
action program.
    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 
27, 1994.
    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,
Regional Administrator.
[FR Doc. 95-12302 Filed 5-18-95; 8:45 am]

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