[Federal Register: January 24, 1995 (Volume 60, Number 15)]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 281
The State of Texas; Final Approval of State Underground Storage
AGENCY: Environmental Protection Agency.
ACTION: Notice of tentative determination on application of texas for
final approval, public hearing and public comment period.
SUMMARY: The Texas Natural Resource Conservation Commission (TNRCC,
Texas or the State) 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 Texas' application and has made the tentative decision that
its underground storage tank program satisfies all of the requirements
necessary to qualify for final approval. Thus, EPA intends to grant
final approval to the State to operate its program in lieu of the
Federal program. Texas' application for final approval is available for
public review and comment, and a public hearing will be scheduled to
solicit comments on the application, if requested.
DATES: A public hearing will be scheduled. Interested parties may call
the US EPA, Region 6, Office of Underground Storage Tanks, at (214)
665-6756 between the hours of 8:00 a.m. and 4:00 p.m. Central Standard
Time, from February 23, 1995 through February 28, 1995 to learn the
date and time of the scheduled public hearing. If it is held, Texas
will participate in the public hearing scheduled by EPA on this
subject. All comments on Texas' final approval application and all
requests to present oral testimony must be received by the close of
business on February 23, 1995. EPA reserves the right to cancel the
scheduled hearing should there be no significant public interest. Those
informing EPA of their intention to testify will be notified of the
ADDRESSES: Copies of Texas' final approval application are available
for inspection and copying, 9:00 a.m.-4:00 p.m., at the following
addresses: Texas Natural Resource Conservation Commission Records and
Copy Center, Park 35 Building ``D'', Room 190, 12118 North IH-35,
Austin, Texas 78753, Phone: (512) 239-2920; US EPA Headquarters, Office
of Underground Storage Tanks Docket Clerk, 401 M Street, SW, Room 2616,
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. The location for the scheduled hearing can be obtained
by calling the US EPA, Region 6, Office of Underground Storage Tanks,
Phone: (214) 665-6756, between 8:00 a.m. and 4:00 p.m. Central Standard
Time from February 23, 1995 through February 28, 1995. Written comments
and requests to present oral testimony should be sent to Joe Womack,
Texas Program Officer, Office of Underground Storage Tanks, US EPA,
Region 6, Mailcode: 6H-A, 1445 Ross Avenue, Dallas, Texas 75202, Phone:
FOR FURTHER INFORMATION CONTACT: Texas Program Officer, Underground
Storage Tank Program, Attention: Joe Womack, US EPA, Region 6,
Mailcode: 6H-A, 1445 Ross Avenue, Dallas, Texas 75202, Phone: (214)
665-6586. [[Page 4587]]
Section 9004 of 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. Program approval is granted by
EPA if the Agency finds that the State program: (1) Is ``no less
stringent'' than the Federal program in the following seven elements:
Corrective action; financial responsibility; new tank standards;
release detection; release detection recordkeeping; reporting of
releases (section 9004(b)(2), 42 U.S.C. 6991(c)(b)(2); and notification
requirements of section 9004(a)(8), 42 U.S.C. 6991(c)(a)(8); and (2)
provides for adequate enforcement of compliance with UST standards
(section 9004(a), 42 U.S.C. 6991(c)(a).
On April 28, 1994, Texas submitted an official application for
final approval. Prior to its submission, Texas provided an opportunity
for public notice and comment in the development of its underground
storage tank program. This is required under 40 CFR 281.50(b). EPA
reviewed Texas' application, and determined that there were apparent
differences between Texas' regulations and the Federal regulations. The
differences were in various sections of the Texas UST regulations and
involved minor aspects of corrosion protection, exceptions, and
discretionary powers of the Executive Director of the TNRCC.
EPA and the State of Texas have discussed these differences and the
State agreed, pursuant to a Memorandum of Agreement (MOA), to amend its
current regulations to address each instance of the differences noted
above. The revised regulations were submitted to the Texas Register as
proposed rule amendments July 1, 1994, and became effective on January
3, 1995. The specific differences and Texas' proposed regulatory
changes are documented in the MOA. The MOA is available for review as a
part of the State Program Approval Application.
EPA proposes that Texas' program substantially meets all of the
requirements necessary to qualify for final approval. Therefore,
following mutual agreement on the terms and provisions of the MOA and
the completion of the revisions to the Texas UST regulations, EPA
proposes to grant final approval to the State of Texas to operate its
program in lieu of the Federal program.
In accordance with section 9004 of RCRA, 42 U.S.C. 6991(c), and 40
CFR 281.50(e), the Agency will schedule a public hearing on its
proposal. Interested parties can learn the date, time, and place of the
scheduled hearing by calling the US EPA, Region 6, Office of
Underground Storage Tanks, at (214)665-6756 between 8:00 a.m. and 4:00
p.m. Central Standard Time from February 23, 1995 through February 28,
1995. The public may also submit written comments on EPA's proposal
until February 23, 1995. Copies of Texas' application are available at
the ADDRESSES indicated in this notice.
EPA will consider all public comments on its proposal received at
the hearing, if held, or during the public comment period. Issues
raised by those comments may be the basis for a decision to deny final
approval to Texas. EPA expects to make a final decision regarding
approval of Texas' program by April 24, 1995 and will give notice of it
in the Federal Register. The notice will include a summary of the
reasons for final determination and a response to all major comments.
The State of Texas 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 hearby 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 in favor of Texas'
program, thereby eliminating duplicative requirements for owners and
operators of underground storage tanks in the State. 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, Administrative practice and procedure,
Hazardous materials, State program approval, Underground storage tanks.
Authority: This Notice is issued under the authority of section
9004 of RCRA, 42 U.S.C. 6991(c).
Dated: January 13, 1995.
Barbara J. Goetz,
Acting Regional Administrator.
[FR Doc. 95-1667 Filed 1-23-95; 8:45 am]
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