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66 FR 59713-59716 November 30, 2001 (Volume 66, Number 231) 40 CFR Part 281 [FRL-7110-8] Minnesota; Final Approval of State Underground Storage Tank Program


[Federal Register: November 30, 2001 (Volume 66, Number 231)]
[Rules and Regulations]               
[Page 59713-59716]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr30no01-24]                         

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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 281

[FRL-7110-8]

 
Minnesota; Final Approval of State Underground Storage Tank 
Program

AGENCY: Environmental Protection Agency.

ACTION: Notice of final determination on the State of Minnesota's 
application for final approval.

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SUMMARY: The State of Minnesota has applied for approval of its 
Underground Storage Tank Program for petroleum and hazardous substances 
under Subtitle I of the Resource Conservation and Recovery Act (RCRA). 
The Environmental Protection Agency (EPA) has reviewed Minnesota's 
application and has reached a final determination that Minnesota's 
Underground Storage Tank Program for petroleum and hazardous substances 
satisfies all of the requirements necessary to qualify for approval. 
Thus, the EPA is granting final approval to the State of Minnesota to 
operate its Underground Storage Tank Program for petroleum and 
hazardous substances.

EFFECTIVE DATE: Final approval for the State of Minnesota's Underground 
Storage Tanks Program shall be effective on December 31, 2001.

FOR FURTHER INFORMATION CONTACT: Mr. Andrew Tschampa, Chief, 
Underground Storage Tank Section, U.S. EPA, Region 5, 77 West Jackson 
Blvd., Chicago, Illinois, Telephone: (312) 886-6136.

SUPPLEMENTARY INFORMATION:

A. Background

    Section 9004 of the Resource Conservation and Recovery Act (RCRA)

[[Page 59714]]

authorizes the Environmental Protection Agency (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 for the seven elements set forth 
at RCRA Section 9004(a) (1) through (7); and (2) provide for adequate 
enforcement of compliance with UST standards of RCRA Section 9004(a). 
Note that RCRA Sections 9005 (on information-gathering) and 9006 (on 
Federal enforcement) by their terms apply even in States with Programs 
approved by the EPA under RCRA Section 9004. Thus, the Agency retains 
its authority under RCRA Sections 9005 and 9006, 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 analogues to these provisions.
    On May 11, 2000, the State of Minnesota submitted an official 
application to obtain final program approval to administer the 
Underground Storage Tank Program for petroleum and hazardous 
substances. On August 6, 2001, the EPA published a tentative decision 
announcing its intent to grant Minnesota final approval. Further 
background on the tentative decision to grant approval appears at 66 FR 
40954-40957, August 6, 2001.
    Along with the tentative determination, the EPA announced the 
availability of the application for public comment and the date of a 
public hearing on the application. The EPA requested advance notice for 
testimony and reserved the right to cancel the public hearing for lack 
of public interest. Since there was no public request, the public 
hearing was cancelled. No public comments were received regarding the 
EPA's approval of Minnesota's Underground Storage Tank Program.
    The State of Minnesota is not approved to operate the Underground 
Storage Tank Program in Indian Country within the State's borders.

B. Decision

    I conclude that the State of Minnesota's application for final 
program approval meets all of the statutory and regulatory requirements 
established by Subtitle I of RCRA. Accordingly, Minnesota is granted 
final approval to operate its Underground Storage Tank Program for 
petroleum and hazardous substances. The State of Minnesota now has the 
responsibility for managing all regulated underground storage tank 
facilities within its border and carrying out all aspects of the 
Underground Storage Tank Program except with regard to Indian Country 
where the EPA will have regulatory authority. Minnesota also has 
primary enforcement responsibility, although the EPA retains the right 
to conduct enforcement actions under Section 9006 of RCRA.

C. Administrative Requirements

Unfunded Mandates Reform Act

    Title II of the Unfunded Mandates Reform Act of 1995 (UMRA), Public 
Law 104-4, establishes requirements for Federal agencies to assess the 
effects of their regulatory actions on State, Local, and Tribal 
Governments and the private sector. Under Section 202 of the UMRA, the 
EPA generally must prepare a written statement, including a cost-
benefit analysis, for proposed and final rules with ``Federal 
mandates'' 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. Before promulgating an EPA rule for 
which a written statement is needed, Section 205 of the UMRA generally 
requires the EPA to identify and consider a reasonable number of 
regulatory alternatives and adopt the least costly, most cost-effective 
or least burdensome alternative that achieves the objectives of the 
rule. The provisions of Section 205 do not apply when they are 
inconsistent with applicable law. Moreover, Section 205 allows the EPA 
to adopt an alternative other than the least costly, most cost-
effective, or least burdensome alternative if the Administrator 
publishes with the final rule an explanation why that alternative was 
not adopted. Before the EPA establishes any regulatory requirements 
that may significantly or uniquely affect small governments, including 
Tribal Governments, it must have developed under Section 203 of the 
UMRA a small government agency plan. The plan must provide for 
notifying potentially affected small governments, enabling Officials of 
affected small governments to have meaningful and timely input in the 
development of the EPA regulatory proposals with significant Federal 
intergovernmental mandates, and informing, educating, and advising 
small governments on compliance with the regulatory requirements.
    Today's rule contains no Federal mandates (under the regulatory 
provisions of Title II of the UMRA) for State, Local or Tribal 
Governments or the private sector. The UMRA generally excludes from the 
definition of ``Federal intergovernmental mandate'' duties that arise 
from participation in a voluntary Federal program. Minnesota's 
participation in the EPA's State Program approval process under RCRA 
Subtitle I is voluntary. Thus, today's rule is not subject to the 
requirements of Sections 202 and 205 of the UMRA.
    In addition, the EPA has determined that this rule contains no 
regulatory requirements that might significantly or uniquely affect 
small governments. Although small governments may own and/or operate 
underground storage tanks, they are already subject to the regulatory 
requirements under the existing State requirements that the EPA is now 
approving and, thus, are not subject to any additional significant or 
unique requirements by virtue of this action. Thus, the requirements of 
Section 203 of the UMRA also do not apply to today's rule.

Regulatory Flexibility Act (RFA) (as Amended by the Small Business 
Regulatory Enforcement Fairness Act of 1996 (SBREFA), 5 U.S.C. 601 et 
seq.

    The RFA generally requires an agency to prepare a regulatory 
flexibility analysis of any rule subject to notice and comment rule 
making requirements under the Administrative Procedure Act or any other 
statute unless the agency certifies that the rule will not have a 
significant economic impact on a substantial number of small entities. 
Small entities include small businesses, small organizations, and small 
governmental jurisdictions.
    For purposes of assessing the impacts of today's action on small 
entities, a small entity is defined as: (1) A small business as 
specified in the Small Business Administration regulations; (2) a small 
governmental jurisdiction that is a government of a city, county, town, 
school district, or special district with a population of less than 
50,000; and (3) a small organization that is any not-for-profit 
enterprise which is independently owned and operated and is not 
dominant in its field.
    After considering the economic impacts of this action on small 
entities, I certify that this action will not have a significant 
economic impact on a substantial number of small entities. This action 
does not impose any new requirements on small entities because small 
entities that own and/or operate underground storage tanks are already 
subject to the State underground storage

[[Page 59715]]

tank requirements which the EPA is now approving. This action merely 
approves for the purpose of RCRA Section 9004 those existing State 
Requirements.

Submission to Congress and the Comptroller General

    The Congressional Review Act, 5 U.S.C. 801 et seq., as added by the 
Small Business Regulatory Enforcement Fairness Act of 1996, generally 
provides that before a rule may take effect, the agency promulgating 
the rule must submit a rule report, which includes a copy of the rule, 
to each House of the Congress and to the Comptroller General of the 
United States. The EPA will submit 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 United States prior 
to publication of the rule in today's Federal Register. This rule is 
not a ``major rule'' as defined by 5 U.S.C. 804(2).

Compliance With Executive Order 12866

    The Office of Management and Budget has exempted this rule from the 
requirements of Executive Order 12866.

Compliance With Executive Order 13045 (Children's Health)

    Executive Order 13045, ``Protection of Children from Environmental 
Health Risks and Safety Risks,'' applies to any rule that: (1) The 
Office of Management and Budget determines is ``economically 
significant'' as defined under Executive Order 12866, and (2) concerns 
an environmental health or safety risk that the EPA has reason to 
believe may have a disproportionate effect on children. If the 
regulatory action meets both criteria, the Agency must evaluate the 
environmental health or safety effects of the planned rule on children 
and explain why the planned regulation is preferable to other 
potentially effective and reasonably feasible alternatives considered 
by the Agency.
    The EPA interprets Executive Order 13045 as applying only to those 
regulatory actions that are based on health or safety risks, such that 
the analysis required under section 5-501 of the Order has the 
potential to influence the regulation. This rule is not subject to 
Executive Order 13045 because it approves a State program.

Compliance With Executive Order 13175 (Consultation and Coordination 
with Indian Tribal Governments)

    Executive Order 13175, entitled ``Consultation and Coordination 
with Indian Tribal Governments'' (65 FR 67249, November 6, 2000), 
requires the EPA to develop an accountable process to ensure 
``meaningful and timely input by Tribal Officials in the development of 
regulatory policies that have Tribal implications.'' ``Policies that 
have Tribal implications'' is defined in the Executive Order to include 
regulations that have ``substantial direct effects on one or more 
Indian Tribes, on the relationship between the Federal Government and 
the Indian Tribes, or on the distribution of power and responsibilities 
between the Federal Government and Indian Tribes.''
    This rule does not have Tribal implications. It will not have 
substantial direct effects on Tribal Governments, on the relationship 
between the Federal Government and Indian Tribes, or on the 
distribution of power and responsibilities between the Federal 
Government and Indian Tribes, as specified in Executive Order 13175. 
Minnesota is not approved to implement the RCRA Underground Storage 
Tank Program in Indian Country. This action has no effect on the 
Underground Storage Tank Program that the EPA implements in the Indian 
Country within the State. Thus, Executive Order 13175 does not apply to 
this rule.

Compliance With Executive Order 13132 (Federalism)

    Executive Order 13132, entitled ``Federalism'' (64 FR 43255, August 
10, 1999), requires the EPA to develop an accountable process to ensure 
``meaningful and timely input by State and Local Officials in the 
development of regulatory policies that have Federalism implications.'' 
``Policies that have Federalism implications'' is defined in the 
Executive Order to include regulations that have ``substantial direct 
effects on the States, on the relationship between the National 
Government and the States, or on the distribution of power and 
responsibilities among the various levels of Government.''
    Under Section 6 of Executive Order 13132, the EPA may not issue a 
regulation that has Federalism implications, that imposes substantial 
direct compliance costs, and that is not required by statute, unless 
the Federal Government provides the funds necessary to pay the direct 
compliance costs incurred by State and Local Governments, or EPA 
consults with State and Local Officials early in the process of 
developing the proposed regulation. The EPA also may not issue a 
regulation that has Federalism implications and that preempts State law 
unless the Agency consults with State and Local Officials early in the 
process of developing the proposed regulation.
    This action does not have Federalism implications. It will not have 
a substantial direct effect on States, on the relationship between the 
National Government and the States, or on the distribution of power and 
responsibilities among the various levels of Government, as specified 
in Executive Order 13132, because it affects only one State. This 
action simply provides the EPA approval of Minnesota's voluntary 
proposal for its State Underground Storage Tank Program to operate in 
lieu of the Federal Underground Storage Tank Program in that State. 
Thus, the requirements of Section 6 of the Executive Order do not 
apply.

National Technology Transfer and Advancement Act

    As noted in the proposed rule, Section 12(d) of the National 
Technology Transfer and Advancement Act of 1995 (``NTTAA''), Public Law 
104-113, Sec. 12(d) (15 U.S.C. 272) directs the EPA to use voluntary 
consensus standards in its regulatory activities unless to do so would 
be inconsistent with applicable law or otherwise impractical. Voluntary 
consensus standards are technical standards (e.g., materials 
specifications, test methods, sampling procedures, and business 
practices) that are developed or adopted by voluntary consensus 
standards bodies. The NTTAA directs the EPA to provide Congress, 
through OMB, explanations when the Agency decides not to use available 
and applicable voluntary consensus standards.
    This action does not involve technical standards. Therefore, the 
EPA did not consider the use of any voluntary consensus standards.

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 rule or a final rule. This rule will 
not impose any information requirements upon the regulated community.

Executive Order 13211 (Energy Effects)

    This rule is not subject to Executive Order 13211, ``Actions 
Concerning Regulations That Significantly Affect Energy Supply, 
Distribution, or Use'' (66 Fed. Reg. 28355 (May 22, 2001) because it is 
not a significant regulatory action under Executive Order 12866.

[[Page 59716]]

List of Subjects in 40 CFR Part 281

    Environmental protection, Administrative practice and procedure, 
Hazardous substances, Intergovernmental relations, Reporting and 
recordkeeping requirements.

    Authority: This notice is issued under the authority of Section 
9004 of the Solid Waste Disposal Act as amended 42 U.S.C. 6912(a), 
6974(b), 6991c.

    Dated: November 14, 2001.
Norman Niedergang,
Acting Regional Administrator, Region V.
[FR Doc. 01-29778 Filed 11-29-01; 8:45 am]
BILLING CODE 6560-50-P

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