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62 FR 3613-3616 January 24, 1997 (Volume 62, Number 16) 40 CFR Part 282 [FRL-5677-6] Underground Storage Tank Program: Approved State Program for Alabama

[Federal Register: January 24, 1997 (Volume 62, Number 16)]
[Rules and Regulations]               
[Page 3613-3616]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr24ja97-13]


[[Page 3613]]

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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 282

[FRL-5677-6]

 
Underground Storage Tank Program: Approved State Program for 
Alabama

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 9005 and 
9006 of RCRA subtitle I and other applicable statutory and regulatory 
provisions. This rule codifies in part 282 the approval of Alabama's 
underground storage tank program and incorporates by reference 
appropriate provisions of state statutes and regulations.

DATES: This regulation is effective March 25, 1997, unless EPA 
publishes a prior Federal Register document withdrawing this immediate 
final rule. All comments on the codification of Alabama's underground 
storage tank program must be received by the close of business on 
February 24, 1997. The incorporation by reference of certain 
publications listed in the regulations is approved by the Director of 
the Federal Register as of March 25, 1997, in accordance with 5 U.S.C. 
552(a).

ADDRESSES: Comments may be mailed to the Underground Storage Tank 
Section, Water Management Division, U.S. EPA, Region 4, Atlanta Federal 
Center, 100 Alabama Street, S.W., Atlanta, Georgia 30303. Comments 
received by EPA may be inspected in the public docket, located in the 
Underground Storage Tank Section, Water Management Division, from 9 
a.m. to 4 p.m., Monday through Friday, excluding federal holidays.

FOR FURTHER INFORMATION CONTACT: Mr. John K. Mason, Chief, Underground 
Storage Tank Section, Water Management Division, U.S. EPA, Region 4, 
Atlanta Federal Center, 100 Alabama Street, S.W., Atlanta, Georgia 
30303. Phone: (404) 562-9441.

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 is publishing a Federal Register document announcing its 
decision to grant approval to Alabama concurrently with this document. 
Approval will be effective March 25, 1997.
    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 9005 and 9006 of subtitle I of RCRA, 42 U.S.C. 6991d and 
6991e, and other applicable statutory and regulatory provisions. 
Today's rulemaking codifies EPA's approval of the Alabama underground 
storage tank program. This codification reflects the state program in 
effect at the time EPA grants Alabama 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 Alabama program, and EPA is not now reopening 
that decision nor requesting comment on it.
    This effort provides clear notice to the public of the scope of the 
approved program in each state. By codifying the approved Alabama 
program and by amending the Code of Federal Regulations whenever a new 
or different set of requirements is approved in Alabama, the status of 
federally approved requirements of the Alabama program will be readily 
discernible. Only those provisions of the Alabama 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 Alabama's underground storage tank 
program, EPA has added section 282.50 to title 40 of the Code of 
Federal Regulation. Section 282.50 incorporates by reference for 
enforcement purposes the state's statutes and regulations. Section 
282.50 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, the Agency will rely on federal sanctions, federal 
inspection authorities, and federal procedures rather than the state 
authorized analogs to these provisions. Therefore, the approved Alabama 
enforcement authorities will not be incorporated by reference. Section 
282.50 lists those approved Alabama authorities that would fall into 
this category.
    The public also needs to be aware that some provisions of the 
State's underground storage tank program are not part of the federally 
approved state program. 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 section 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 282.50 of the codification simply lists for 
reference and clarity the Alabama 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.

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.

Unfunded Mandates Reform Act

    Title II of the Unfunded Mandates Reform Act of 1995 (UMRA), P.L. 
104-4, establishes requirements for federal agencies to assess the 
effects of certain regulatory actions on state, local, and tribal 
governments and the private sector. Under sections 202 and 205 of the 
UMRA, EPA generally must prepare a written statement of economic and 
regulatory alternatives analyses for proposed and final rules with 
federal mandates, as defined by the UMRA, that may result in 
expenditures to state, local and tribal governments, in the aggregate, 
or to the private sector, of $100 million or more in any one year. The 
section 202 and 205 requirements do not apply to today's action because 
it is not a ``federal mandate'' and because it does not impose annual 
costs of $100 million or more.
    Today's rule contains no federal mandates for state, local, and 
tribal governments or the private section for

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two reasons. First, today's action does not impose new or additional 
enforceable duties on any state, local, or tribal governments or the 
private sector because it merely makes federally enforceable existing 
requirements with which regulated entities must already comply under 
state law. Second, the Act also generally excludes from the definition 
of a ``federal mandate'' duties that arise from participation in a 
voluntary federal program. The requirements being codified today are 
the result of the State of Alabama's voluntary participation in 
accordance with RCRA Subtitle I.
    Even if today's rule did contain a federal mandate, this rule will 
not result in annual expenditures of $100 million or more for state, 
local, and/or tribal governments in the aggregate, or the private 
sector because today's action merely codifies an existing state program 
that EPA is authorizing concurrently. Thus, today's rule is not subject 
to the requirements of sections 202 and 205 of the UMRA.
    The requirements of section 203 of UMRA also do not apply to 
today's action. Before EPA establishes any regulatory requirements that 
may significantly or uniquely affect small governments, section 203 of 
UMRA requires EPA to develop a small government agency plan. This rule 
contains no regulatory requirement that might significantly or uniquely 
affect small governments. The Agency recognizes that although small 
governments may own and/or operate USTs, this codification incorporates 
into the Code of Federal Regulations the State of Alabama's 
requirements which are being authorized concurrently by EPA under 40 
CFR Part 281 and, thus small governments are not subject to any 
additional significant or unique requirements by virtue of this 
codification.

Certification Under the Regulatory Flexibility Act

    This rule codifies the decision already made to approve the Alabama 
underground storage 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.

Submission to Congress and the General Accounting Office

    Under 5 U.S.C. 801(a)(1)(A) as added by the Small Business 
Regulatory Enforcement Fairness Act of 1996, EPA submitted a report 
containing this rule and other required information to the U.S. Senate, 
the U.S. House of Representatives and the Comptroller General of the 
General Accounting Office prior to publication of this rule in today's 
Federal Register. This rule is not a ``major rule'' as defined by 5 
U.S.C. 804(2).

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: January 8, 1997.
A. Stanley Meiburg,
Acting Regional Administrator.

    For the reasons set forth in the preamble, 40 CFR Part 282 is 
proposed to be 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.

Subpart B--Approved State Programs

    2. Subpart B is amended by adding Sec. 282.50 to read as follows:


Sec. 282.50  Alabama State-Administered Program.

    (a) The State of Alabama 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 Alabama Department of Environmental Management, was 
approved by EPA pursuant to 42 U.S.C. 6991c and part 281 of this 
Chapter. EPA published the notice for final determination on the 
approved Alabama underground storage tank program concurrently with 
this notice and it will be effective on March 25, 1997.
    (b) Alabama has primary responsibility for enforcing its 
underground storage tank program. However, EPA retains the authority to 
exercise its inspection and enforcement authorities under sections 9005 
and 9006 of subtitle I of RCRA, 42 U.S.C. 6991d and 6991e, as well as 
under other statutory and regulatory provisions.
    (c) To retain program approval, Alabama 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 Alabama 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) Alabama will have final approval for the following elements 
submitted to EPA in Alabama's program application for final approval 
and to be published in the Federal Register concurrently with this 
notice, and to be effective on March 25, 1997. Copies of Alabama's 
underground storage tank program may be obtained from the Ground Water 
Branch, Alabama Department of Environmental Management, 1751 W.L. 
Dickinson Drive, Montgomery, Alabama 36130.
    (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) Alabama Statutory Requirements Applicable to the Underground 
Storage Tank Program, 1996.
    (B) Alabama Regulatory Requirements Applicable to the Underground 
Storage Tank Program, 1996.
    (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: Code of Alabama 1975, Title 
22, Chapter 36, Section 9 and Code of Alabama 1975, Title 22, Chapter 
22A, Section 5(19).
    (B) The regulatory provisions include: none.
    (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) Code of Alabama 1975, Title 22, Chapter 36, Section 5, insofar 
as it refers to underground storage tank regulation fees.
    (B) Code of Alabama 1975, Title 22, Chapter 36, Section 7, insofar 
as it refers

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to rules and regulations to establish and protect wellhead areas from 
contaminants.
    (C) Alabama Department of Environmental Management Administrative 
Code Section 335-6-15-.05, insofar as it requires notification of 
underground storage tank systems taken out of operation on or before 
January 1, 1974.
    (D) Alabama Department of Environmental Management Adminstrative 
Code Section 335-6-15-.45, insofar as it requires underground storage 
tank regulation fees.
    (E) Alabama Department of Environmental Management Adminstrative 
Code R. 335-6-15-.47, insofar as it refers to financial responsibility 
for hazardous substance underground storage tank systems.
    (2) Statement of legal authority. (i) ``Attorney General's 
Statement for Final Approval'', signed by the Attorney General of 
Alabama on June 8, 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.
    (ii) Letter from the Attorney General of Alabama to EPA, June 8, 
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) Demonstration of procedures for adequate enforcement. The 
``Demonstration of Procedures for Adequate Enforcement'' submitted as 
part of the final application in July 1994 and revised in March 1995, 
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 final application in July 1994 and 
revised in March 1995, 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 4 and the Alabama Department of Environmental Management, 
signed by the EPA, Regional Administrator on August 2, 1996, 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 ``Alabama'' and its listing.

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

* * * * *

Alabama

    (a) The statutory provisions include Code of Alabama 1975, Title 
22, Chapter 36, Underground Tank and Wellhead Protection Act:

Section 1
    Short title.
Section 2
    Definitions.
Section 3
    Rules and regulations governing underground storage tanks.
Section 4
    Information to be furnished by owner upon request of department; 
owner to permit access to records and entry and inspection of 
facilities.
Section 6
    Expenditure of funds from leaking underground storage tank trust 
fund; investigative and corrective powers in regard to 
administration of funds; liability of owner or operator for costs.
Section 8
    Availability to public of records, reports, or information 
obtained under chapter.
Section 10
    Rules and regulations.

    (b) The regulatory provisions include Alabama Department of 
Environmental Management, Administrative Code, Division 6, Water 
Quality Program, Volume II, revised effective: June 1, 1994, Chapter 
335-6-15: Technical Standards, Corrective Action Requirements and 
Financial Responsibility for Owners and Operators of Underground 
Storage Tanks.

Section .01
    Purpose.
Section .02
    Definitions.
Section .03
    Applicability.
Section .04
    Interim Prohibition for Deferred UST Systems.
Section .05
    Notification, except those USTs taken out of operation on or 
before January 1, 1974.
Section .06
    Performance Standards for New UST Systems.
Section .07
    Upgrading of Existing UST Systems.
Section .08
    Plans and Specifications.
      
Section .09
    Spill and Overfill Control.
Section .10
    Operation and Maintenance of Corrosion Protection.
Section .11
    Compatibility.
Section .12
    Repairs Allowed.
Section .13
    Reporting and Recordkeeping.
Section .14
    General Release Detection Systems for all UST Systems.
Section .15
    Release Detection Requirements for Petroleum UST Systems.
Section .16
    Release Detection Requirements for Hazardous Substance UST 
Systems.
Section .17
    Methods of Release Detection for Tanks.
Section .18
    Methods of Release Detection for Pipes.
Section .19
    Release Detection Recordkeeping.
Section .20
    Reporting of Suspected Releases.
Section .21
    Investigation Due to Environmental Impact.
Section .22
    Release Investigation and Confirmation Steps.
Section .23
    Reporting and Clean-up of Spills and Overfills.
Section .24
    Initial Release Response.
Section .25
    Initial Abatement Measures and Preliminary Investigation.
     
Section .26
    Preliminary Investigation Requirements.
Section .27
    Free Product Removal.
Section .28
    Secondary Investigation Requirements.
Section .29
    Corrective Action Plan.
Section .30
    Corrective Action Limits for Soils.
Section .31
    Corrective Action Limits for Ground Water.
Section .32
    Alternative Corrective Action Limits.
Section .33
    Risk Assessment.
Section .34
    Public Participation.
Section .35
    Analytical Requirements.
Section .36
    Temporary Closure.
Section .37
    Permanent Closure.
Section .38
    Site Closure or Change-in-Service Assessments.
Section .39
    Applicability to Previously Closed UST Systems.
Section .40
    Closure Records.
Section .41
    Alternate or Temporary Drinking Water Source.
Section .42
    Availability to Public of Records, Reports or information.
Section .43
    Access to Records.
Section .44

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    Entry and Inspection of Facilities.
Section .46
    Financial Responsibility for Petroleum UST Owners and Operators.
Section .48
    Severability.

[FR Doc. 97-1763 Filed 1-23-97; 8:45 am]
BILLING CODE 6560-50-P

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