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61 FR 6554-6556 February 21, 1996 (Volume 61, Number 35) 40 CFR Part 282 [FRL-5345-2] Underground Storage Tank Program; Approved State Program for Maine

[Federal Register: February 21, 1996 (Volume 61, Number 35)]
[Rules and Regulations]               
[Page 6554-6556]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr21fe96-19]


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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 282

[FRL-5345-2]

 
Underground Storage Tank Program; Approved State Program for 
Maine

AGENCY: Environmental Protection Agency (EPA).

ACTION: Immediate final rule.

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SUMMARY: The Resource Conservation and Recovery Act of 1976, as amended 
(RCRA), authorizes the Environmental Protection Agency (EPA) to grant 
approval to states to operate their underground storage tank programs 
in lieu of the federal program. 40 CFR part 282 codifies EPA's decision 
to approve state programs and incorporates by reference those 
provisions of the state statutes and regulations that will be subject 
to EPA's inspection and enforcement authorities under sections 3007, 
7003, 9005, and 9006 of RCRA. This rule codifies in part 282 the prior 
approval of Maine's underground storage tank program and incorporates 
by reference appropriate provisions of state statutes and regulations.

DATES: This regulation shall be effective April 22, 1996, unless EPA 
publishes a prior Federal Register notice withdrawing this immediate 
final rule. All comments on the codification of Maine's underground 
storage tank program must be received by the close of business March 
22, 1996. The incorporation by reference of certain publications listed 
in the regulations is approved by the Director of the Federal Register, 
as of April 22, 1996.

ADDRESSES: Comments may be mailed to the Docket Clerk (Docket No. UST 
5-3), Underground Storage Tank Program, HPU-CAN7, U.S. EPA Region I, 
JFK Federal Building, Boston, MA 02203-2211. Comments received by EPA 
may be inspected in the public docket, located in the Waste Management 
Division Record Center, 90 Canal St., Boston, MA 02203 from 9 a.m. to 4 
p.m., Monday through Friday, excluding federal holidays.

FOR FURTHER INFORMATION CONTACT: Thomas Burns, Underground Storage Tank 
Program, HPU-CAN7, U.S. EPA Region I, JFK Federal Building, Boston, MA 
02203-2211. Phone: (617) 573-9663.

SUPPLEMENTARY INFORMATION:

Background

    Section 9004 of the Resource Conservation and Recovery Act of 1976, 
as amended (RCRA), 42 U.S.C. 6991c, allows the U.S. Environmental 
Protection Agency to approve state underground storage tank programs to 
operate in the state in lieu of the federal underground storage tank 
program. EPA published a Federal Register document announcing its 
decision to grant approval to Maine. (57 FR 36, February 24, 1992). 
Approval was effective on March 18, 1992.
    EPA codifies its approval of State programs in 40 CFR part 282 and 
incorporates by reference therein the state statutes and regulations 
that will be subject to EPA's inspection and enforcement authorities 
under sections 3007, 7003, 9005, and 9006 of Subtitle I of RCRA, 42 
U.S.C. 6927, 6973, 6991d and 6991e. Today's rulemaking codifies EPA's 
approval of the Maine underground storage tank program. This 
codification reflects the state program in effect at the time EPA 
granted Maine approval under section 9004(a), 42 U.S.C. 6991c(a) for 
its underground storage tank program. Notice and opportunity for 
comment were provided earlier on the Agency's decision to approve the 
Maine program, and EPA is not now reopening that decision nor 
requesting comment on it.
    Codification provides clear notice to the public of the scope of 
the approved program in each state. Revisions to state underground 
storage tank programs are necessary when federal statutory or 
regulatory authority is modified. By codifying the approved Maine 
program and by amending the Code of Federal Regulations whenever a new 
or different set of requirements is approved in Maine, the status of 
federally approved requirements of the Maine program will be readily 
discernible. Only those provisions of the Maine underground storage 
tank program for which approval has been granted by EPA will be 
incorporated by reference for enforcement purposes.
    To codify EPA's approval of Maine's underground storage tank 
program, EPA has added Sec. 282.69 to title 40 of the CFR. Section 
282.69 incorporates by reference for enforcement purposes the State's 
statutes and regulations. Section 282.69 also references the Attorney 
General's Statement, Demonstration of Adequate Enforcement Procedures, 
the Program Description, and the Memorandum of Agreement, which are 
approved as part of the underground storage tank program under Subtitle 
I of RCRA.
    The Agency retains the authority under Sections 9005 and 9006 of 
Subtitle I of RCRA, 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, EPA will rely on federal sanctions, federal 
inspection authorities, and federal procedures rather than the state 
authorized analogs to these provisions. Therefore, the approved Maine 
enforcement authorities will not be incorporated by reference. Forty 
CFR Sec. 282.69 lists those approved Maine authorities that would fall 
into this category
    The public also needs to be aware that some provisions of the 
Maine's underground storage tank program are not part of the federally 
approved state program. These are:
    • Registration requirements for farm or residential tanks 
less than or equal to 1,100 gallons containing motor fuels for non-
commercial use;
    • Registration requirements for tanks used for storing 
heating oil for consumptive use on the premises; and
    • Permanent closure requirements for tanks containing 
heating oil consumed on the premises where stored.


    These non-approved provisions are not part of the RCRA Subtitle I 
program because they are ``broader in scope'' than Subtitle I of RCRA. 
See 40 CFR 281.12(a)(3)(ii). As a result, state provisions which are 
``broader in scope'' than the federal program are not incorporated by 
reference for purposes of enforcement in part 282. Section 282.69 of 
the codification simply lists for reference and clarity the Maine 
statutory and regulatory provisions which are ``broader in scope'' than 
the federal program and which are not, therefore, part of the approved 
program being codified today. ``Broader in scope'' provisions cannot be 
enforced by EPA; the State, however, will continue to enforce such 
provisions.

Certification Under the Regulatory Flexibility Act

    This rule codifies the decision already made (57 FR 36, February 
24, 1992) to approve the Maine underground storage 

[[Page 6555]]
tank program and thus has no separate effect. Therefore, this rule does 
not require a regulatory flexibility analysis. Thus, pursuant to 
Section 605(b) of the Regulatory Flexibility Act, 5 U.S.C. 605(b), I 
hereby certify that this rule will not have a significant economic 
impact on a substantial number of small entities.

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.

Paperwork Reduction Act

    Under the Paperwork Reduction Act, 44 U.S.C. 3501 et seq., Federal 
agencies must consider the paperwork burden imposed by any information 
request contained in a proposed or final rule. This rule will not 
impose any information requirements upon the regulated community.

List of Subjects In 40 CFR Part 282

    Environmental protection, Hazardous substances, Incorporation by 
reference, Intergovernmental relations, State program approval, 
Underground storage tanks, Water pollution control.

    Dated: September 21, 1995.
John P. DeVillars,
Regional Administrator.

    For the reasons set forth in the preamble, 40 CFR part 282 is 
amended as follows:

PART 282--APPROVED UNDERGROUND STORAGE TANK PROGRAMS

    1. The authority citation for part 282 continues to read as 
follows:

    Authority: 42 U.S.C. 6912, 6991c, 6991d, and 6991e.

    2. Subpart B is amended by adding Sec. 282.69 to read as follows:

Subpart B--Approved State Programs


Sec. 282.69--Maine State-Administered Program.

    (a) The State of Maine is approved to administer and enforce an 
underground storage tank program in lieu of the federal program under 
Subtitle I of the Resource Conservation and Recovery Act of 1976 
(RCRA), as amended, 42 U.S.C. 6991 et seq. The State's program, as 
administered by the Maine Department of Environmental Protection, was 
approved by EPA pursuant to 42 U.S.C. 6991c and part 281 of this 
chapter. EPA approved the Maine program on February 18, 1992, and the 
approval was effective on March 18, 1992.
    (b) Maine has primary responsibility for enforcing its underground 
storage tank program. However, EPA retains the authority to exercise 
its inspection and enforcement authorities under sections 3007, 7003, 
9005 and 9006 of RCRA, 42 U.S.C. 6927, 6973, 6991d and 6991e, as well 
as under other statutory and regulatory provisions.
    (c) To retain program approval, Maine must revise its approved 
program to adopt new changes to the federal Subtitle I program which 
make it more stringent, in accordance with section 9004 of RCRA, 42 
U.S.C. 6991c, and 40 CFR part 281, subpart E. If Maine obtains approval 
for the revised requirements pursuant to section 9004 of RCRA, 42 
U.S.C. 6991c, the newly approved statutory and regulatory provisions 
will be added to this subpart and notice of any change will be 
published in the Federal Register.
    (d) Maine has final approval for the following elements submitted 
to EPA in Maine's program application for final approval and approved 
by EPA on February 18, 1992. Copies may be obtained from the 
Underground Storage Tank Program, Maine Department of Environmental 
Protection, AMHI Complex-Ray Building, Hospital Street, Augusta, ME 
04333. The elements are listed below:
    (1) State statutes and regulations. (i) The provisions cited in 
this paragraph are incorporated by reference as part of the underground 
storage tank program under subtitle I of RCRA, 42 U.S.C. 6991 et seq.
    (A) Maine Statutory Requirements Applicable to the Underground 
Storage Tank Program, 1995.
    (B) Maine Regulatory Requirements Applicable to the Underground 
Storage Tank Program, 1995.
    (ii) The following statutes and regulations are part of the 
approved state program, although not incorporated by reference herein 
for enforcement purposes.
    (A) The statutory provisions include: Title 38 Maine Revised 
Statutes Annotated, Sections 561 through 570.
    (B) The regulatory provisions include: Maine Regulations for 
Registration, Installation, Operation and Closure of Underground Oil 
Storage Facilities Chapter 691 Section 1 through 13.
    (iii) The following statutory and regulatory provisions are broader 
in scope than the federal program, are not part of the approved 
program, and are not incorporated by reference herein for enforcement 
purposes.
    (A) Title 38 Maine Statutes Annotated, Section 565, insofar as it 
refers to registration requirements for tanks greater than 1,100 
gallons containing heating oil consumed on the premises where stored.
    (B) Maine Environmental Protection Regulations Chapter 691, Section 
6 regulations of heating oil facilities for consumption on premises, 
Section 9 facilities for underground storage of heavy oils.
    (2) Statement of legal authority. (i) ``Attorney General's 
Statement for Final Approval'', signed by the Attorney General of Maine 
on December 5, 1991, though not incorporated by reference, is 
referenced as part of the approved underground storage tank program 
under Subtitle I of RCRA, 42 U.S.C. 6991 et seq.
    (ii) Letter from the Attorney General of Maine to EPA, is 
referenced as part of the approved underground storage tank program 
under Subtitle I of RCRA, 42 U.S.C. 6991 et seq.
    (3) Demonstration of procedures for adequate enforcement. The 
``Demonstration of Procedures for Adequate Enforcement'' submitted as 
part of the original application in November 1991, though not 
incorporated by reference, is referenced as part of the approved 
underground storage tank program under subtitle I of RCRA, 42 U.S.C. 
6991 et seq.
    (4) Program description. The program description and any other 
material submitted as part of the original application in December 20, 
1991, though not incorporated by reference, are referenced as part of 
the approved underground storage tank program under Subtitle I of RCRA, 
42 U.S.C. 6991 et seq.
    (5) Memorandum of Agreement. The Memorandum of Agreement between 
EPA Region I and the Maine Department of Environmental Protection, 
signed by the EPA Regional Administrator on November, 1992, though not 
incorporated by reference, is referenced as part of the approved 
underground storage tank program under subtitle I of RCRA, 42 U.S.C. 
6991 et seq.
    3. Appendix A to part 282 is amended by adding in alphabetical 
order ``Maine'' and its listing.

Appendix A To Part 282--State Requirements Incorporated by Reference in 
Part 282 of the Code of Federal Regulations

* * * * *

Maine

    The following is an informational listing of the state 
requirements incorporated by reference in part 282 of the Code of 
Federal Regulations:
    (a) The statutory provisions include: Maine Revised Statutes 
Annotated, 1990, Tile 38. 

[[Page 6556]]
Subchapter 11-B Underground Oil Storage Facilities and Groundwater 
Protection.

Section 561--Findings; Purpose
Section 562-A--Definitions
Section 563--Registration of underground oil storage tanks
Section 563-A--Prohibition of nonconforming underground oil storage 
facilities and tanks
Section 563-B--Regulatory powers of department
Section 564--Regulation of underground oil storage facilities
Section 566-A--Abandonment of underground oil storage facilities and 
tanks
Section 567--Certification of underground tank installers
Section 568--Cleanup and removal of prohibited discharges
Section 568-A--Fund coverage requirements
Section 568-B--Fund Insurance Review Board
Section 569-A--Ground water Oil Clean-up Fund
Section 570--Liability

    (b) The regulatory provisions include State of Maine, Department 
of Environmental Protection, Regulation for Registration, 
Installation, Operation and Closure of Underground Storage 
Facilities Chapter 691, September 16, 1991:

Section 1. Legal Authority
Section 2. Preamble
Section 3. Definitions
Section 4. Registration of Underground Oil Storage Tanks
Section 5. Regulation of Motor Fuel, Marketing & Distribution 
Facilities
    A. Applicability
    B. Design and Installation Standards for New and Replacement 
Facilities
    C. Retrofitting Requirements for Existing Facilities
    D. Monitoring, Maintenance, & Operating Procedures for Existing, 
New & Replacement Facilities & Tanks
    E. Facility Closure and Abandonment
Section 7. Regulation of Facilities for the Underground Storage of 
Waste Oil
    A. Applicability
    B. Design and Installation Standards
    C. Operation, Maintenance, Testing, Requirements for Existing, 
New and Replacement Facilities
    D. Closure & Abandonment of Waste Oil Facilities
Section 8. Regulation of Field Constructed Underground Oil Storage 
Tanks
Section 10. Regulation of Pressurized Airport Hydrant Piping Systems
Section 11. Regulations for Closure of Underground Oil Storage 
Facilities
    A. Facility Closure Requirements
    B. Temporarily Out of Service Facilities and Tanks
    C. Abandonment by Removal
    D. Abandonment by Filling in Place
    E. Notification Requirements
Section 12. Discharge and Leak Investigation, Response and 
Corrective Action Requirements
Section 13. Severability
Appendix A: Cathodic Protection Monitoring
Appendix B: Hydrostatic Piping Line Tightness Tests
Appendix C: Requirements for Pneumatic Testing
Appendix D: Installation of Underground Tanks
Appendix E: Installation for Underground Piping
Appendix F: Specification for Ground Water Vertical Monitoring Wells
Appendix H: Monitoring and Obtaining Samples for Laboratory Analysis
Appendix J: Requirements for Abandonment by Removal
Appendix K: Requirements for Abandonment in Place

[FR Doc. 96-3587 Filed 2-20-96; 8:45 am]
BILLING CODE 6560-50-P

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