[Federal Register Volume 67, Number 19 (Tuesday, January 29, 2002)]
[Proposed Rules]
[Pages 4225-4227]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 02-2123]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 281
[FRL-7134-3]
South Carolina; Tentative Approval of State Underground Storage
Tank Program
AGENCY: Environmental Protection Agency.
ACTION: Proposed rule; notice of tentative determination on application
of state of South Carolina for final Approval, public hearing and
public comment period.
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SUMMARY: The State of South Carolina 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 the South
Carolina application and has made the tentative decision that South
Carolina's underground storage tank program for petroleum and hazardous
substances satisfies all of the requirements necessary to qualify for
approval. The South Carolina application for approval is available for
public review and comment. A public hearing will be held to solicit
comments on the application, unless insufficient public interest is
expressed.
DATES: A public hearing is scheduled for March 20, 2002, unless
insufficient public interest is expressed. EPA reserves the right to
cancel the public hearing if sufficient public interest is not
communicated to EPA in writing by February 28, 2002. EPA will determine
by March 5, 2002, whether there is significant interest to hold the
public hearing. The State of South Carolina will participate in the
public hearing held by EPA on this subject. Written comments on the
South Carolina approval application, as well as requests to present
oral testimony, must be received by the close of business on February
28, 2002.
ADDRESSES: Copies of the South Carolina approval application are
available at the following addresses for inspection and copying:
South Carolina Bureau of Underground Storage Tank Management, 2600 Bull
Street, Columbia, South Carolina 29201-1708, Telephone: (803) 898-4350,
8:00 am through 4:30 pm, Eastern Standard Time.
U.S. EPA Docket Clerk, Office of Underground Storage Tanks, c/o RCRA
Information Center, 1235 Jefferson Davis Highway, Arlington, Virginia
22202, Telephone: (703) 603-9231, 9:00 am through 4:00 pm, Eastern
Standard Time; and,
U.S. EPA Region 4, Underground Storage Tank Section, Atlanta Federal
Center, 61 Forsyth Street, S.W., Atlanta, Georgia 30303, Telephone:
(404) 562-9277, 8:00 am through 4:30 pm, Eastern Standard Time.
Written comments should be sent to Mr. John Mason, Chief of
Underground Storage Tank Section, U.S. EPA Region 4, 61 Forsyth Street
S.W., Atlanta, Georgia 30303, Telephone (404) 562-9441.
Unless insufficient public interest is expressed, EPA will hold a
public hearing on the State of South Carolina's application for program
approval on March 20, 2002, at 5:30 pm, Eastern Standard Time, at the
South Carolina Department of Health and Environmental Control, Peebles
Auditorium, 2600 Bull Street, Columbia, South Carolina 29201-1708.
Anyone who wishes to learn whether or not the public hearing on the
State's application has been cancelled should telephone the following
contacts after March 5, 2002:
Mr. John Mason, Chief, Underground Storage Tank Section, U.S. EPA
Region 4, 61 Forsyth Street, S.W., Atlanta, Georgia 30303, Telephone:
(404) 562-9441, or
Mr. Stanley L. Clark, Chief, South Carolina Bureau of Underground
Storage Tank Management, 2600 Bull Street, Columbia, South Carolina
29201-1708, Telephone: (802) 898-4350.
FOR FURTHER INFORMATION CONTACT: Mr. John Mason, Chief, Underground
Storage Tank Section, U.S. EPA Region 4, Atlanta Federal Center, 61
Forsyth Street S.W., Atlanta, Georgia 30303, Telephone: (404) 562-9441.
SUPPLEMENTARY INFORMATION:
I. Background
Section 9004 of the Resource Conservation and Recovery Act (RCRA)
authorizes 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 may be granted by EPA pursuant to RCRA
section 9004(b), if the Agency finds that the State program: (1) Is
``no less stringent'' than the Federal program for the seven elements
set forth at RCRA section 9004(a)(1) through (7); (2) includes the
notification requirements of RCRA section 9004(a)(8); and (3) provides
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 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.
II. South Carolina
The State of South Carolina submitted their draft state program
approval application to EPA by letter dated August 29, 1996. After
reviewing the package, EPA submitted comments to the state for review.
South Carolina submitted their complete state program approval
application for EPA's tentative approval on January 7, 1999. Technical
issues prevented EPA from accepting the final application until the
FY2000 South Carolina legislative session rectified certain legal
points.
South Carolina adopted Underground Storage Tank Control Regulations
that became effective on May 24, 1985. On
[[Page 4226]]
March 23, 1990, the South Carolina General Assembly promulgated
regulations for the operation and management of USTs and piping
pursuant to the State Underground Petroleum Environmental Response Bank
(SUPERB) Act. These regulations replaced the 1985 Underground Storage
Tank Control Regulations. EPA has reviewed the South Carolina
application, and has tentatively determined that the State's UST
program for petroleum and hazardous substances meets all of the
requirements necessary to qualify for final approval.
EPA will hold a public hearing on its tentative decision on March
20, 2002, unless insufficient public interest is expressed. The public
may also submit written comments on EPA's tentative determination until
February 28, 2002. Copies of the South Carolina application are
available for inspection and copying at the locations indicated in the
ADDRESSES section of this document.
EPA will consider all public comments on its tentative
determination received at the hearing, or received in writing during
the public comment period. Issues raised by those comments may be the
basis for a decision to deny final approval to South Carolina. EPA
expects to make a final decision on whether or not to approve South
Carolina's program within 60 days of the close of the public comment
period, and will give notice of it in the Federal Register. EPA's final
decision will include a summary of the reasons for the final
determination and a response to all major comments.
III. 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, 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 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 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 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 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. South Carolina's
participation in 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, 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 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.
Reagulatory Flexibility Act (RFA) (as Amended by the Small Business
Reagulatory 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
rulemaking 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, 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 tank requirements which EPA is
now approving. This action merely approves for the purpose of RCRA
section 9004 those existing State requirements.
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.
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 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
[[Page 4227]]
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.
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 13132 (Federalism)
Executive Order 13132, entitled ``Federalism'' (64 FR 43255, August
10, 1999), requires 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, 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. 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 EPA approval of South Carolina'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.
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 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.
South Carolina 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 EPA implements in the Indian
country within the State. Thus, Executive Order 13175 does not apply to
this rule.
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 FR 28355 (May 22, 2001)) because it is not a
significant regulatory action under Executive Order 12866.
National Technology Transfer and Advancement Act
Section 12(d) of the National Technology Transfer and Advancement
Act of 1995 (``NTTAA''), Public Law 104-113, 12(d) (15 U.S.C. 272 note)
directs 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 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, EPA is
not considering 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.
List of Subjects in 40 CFR Part 281
Environmental protection, Administrative practice and procedure,
Hazardous materials, State program approval, Underground storage tanks.
Authority: This document is issued under the authority of
section 9004 of the Solid Waste Disposal Act as amended 42 U.S.C.
6912(a), 6926, 6974(b).
Dated: January 11, 2002.
A. Stanley Meiburg,
Acting Regional Administrator, Region 4.
[FR Doc. 02-2123 Filed 1-28-02; 8:45 am]
BILLING CODE 6560-50-P