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60 FR 10331-10332 February 24, 1995 (Volume 60, Number 37) 40 CFR Part 281 [FRL-5161-3] Final Approval of State Underground Storage Tank Program; Arkansas

[Federal Register: February 24, 1995 (Volume 60, Number 37)]
[Rules and Regulations]               
[Page 10331-10332]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]


40 CFR Part 281


Final Approval of State Underground Storage Tank Program; 

AGENCY: Environmental Protection Agency.

ACTION: Notice of final determination on State of Arkansas application 
for final approval.


SUMMARY: The State of Arkansas has applied for final approval of its 
underground storage tank program under Subtitle I of the Resource 
Conservation and Recovery Act (RCRA). The Environmental Protection 
Agency (EPA) has reviewed the Arkansas application and determined, 
subject to public review and comment, that the Arkansas underground 
storage tank program satisfies all of the requirements necessary to 
qualify for final approval. Thus, EPA is granting approval to the State 
to operate its program unless adverse public comment shows the need for 
further review. The Arkansas application for final approval is 
available for public review and comment.

EFFECTIVE DATE: Final authorization for the Arkansas underground 
storage tank program shall be effective at 1:00 p.m. on April 25, 1995 
unless EPA publishes a prior Federal Register action withdrawing this 
final rule. All comments on the Arkansas final [[Page 10332]] approval 
application must be received by the close of business on March 27, 

ADDRESSES: Copies of the Arkansas final approval application are 
available during the hours between 8 a.m. and 4:30 p.m. at the 
following addresses for inspection and copying: Arkansas Department of 
Pollution Control and Ecology, 8001 National Drive, Little Rock, 
Arkansas 72219, Phone: (501) 562-6533; U.S. EPA Headquarters, Office of 
Underground Storage Tanks Docket Clerk, Room 2616, 401 M Street SW., 
Washington, DC 20460, Phone: (202) 260-9720; and US EPA, Region 6 
Library, 12th floor, 1445 Ross Avenue, Dallas, Texas 75202, Phone: 
(214) 665-6424. Written comments should be sent to Ms. Guanita Reiter, 
Chief, RCRA Programs Branch, Region 6, 1445 Ross Avenue, Dallas, Texas 

FOR FURTHER INFORMATION CONTACT: Arkansas State Program Officer, 
Underground Storage Tank Program, Mr. John Cernero, US EPA Region 6, 
1445 Ross Avenue, Dallas, Texas 75202, Phone: (214) 665-2233.


A. Background

    Section 9004 of the Resource Conservation and Recovery Act (RCRA) 
enables EPA to approve State underground storage tank programs to 
operate in the State in lieu of the Federal underground storage tank 
(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 (Sections 9004(a) and 9004(b) of RCRA, 
42 U.S.C. 6991(c)(b)).
    On September 26, 1994, the State of Arkansas submitted an official 
application for final approval. Prior to its submission, the State of 
Arkansas provided an opportunity for public notice and comment in the 
development of its underground storage tank program as required under 
40 CFR 281.50(b). The State then adopted by reference the corresponding 
Federal UST regulations in its Regulation Number 12, which became fully 
effective on April 22, 1990. However, the definitions of ``owner'' and 
``release'' in the State's Regulation Number 12 were not adopted 
verbatim per the Federal regulations. Due to the possibility that the 
State's definition could be misinterpreted, language was included in 
the Memorandum of Agreement and in the State Attorney General's 
Statement, which states that the State will revise the regulation to 
remove any ambiguities in the two definitions during its next 
applicable legislative session and will interpret the definition of 
``owner'' and ``release'' in the same manner as EPA, until such time 
that the regulations are amended.

B. Decision

    After reviewing the Arkansas application, I conclude that the 
State's program meets all of the requirements necessary to qualify for 
final approval. Accordingly, the State of Arkansas is granted final 
approval to operate its underground storage tank program. The State of 
Arkansas now has the responsibility for managing underground storage 
tank facilities within its borders and carrying out all aspects of the 
UST program. The State of Arkansas 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.
    The State of Arkansas is not authorized to operate the UST program 
on Indian lands and this authority will remain with EPA.

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 this approval will not have a significant economic impact on a 
substantial number of small entities. The approval effectively suspends 
the applicability of certain Federal regulations.

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), 6926, 6974(b).

    Dated: February 14, 1995.

William Hathaway,

Acting Regional Administrator.

[FR Doc. 95-4596 Filed 2-23-95; 8:45 am]


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