[Federal Register Volume 59, Number 94 (Tuesday, May 17, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-11988]


[[Page Unknown]]

[Federal Register: May 17, 1994]


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DEPARTMENT OF THE TREASURY
40 CFR Part 281

[FRL-4885-7]

 

Massachusetts; Approval of State Underground Storage Tank Program

AGENCY: Environmental Protection Agency.

ACTION: Notice of tentative determination to approve the State of 
Massachusetts' Underground Storage Tank program, public hearing and 
public comment period.

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SUMMARY: The Commonwealth of Massachusetts has applied for final 
approval of its underground storage tank (UST) program under Subtitle I 
of the Resource Conservation and Recovery Act (RCRA). The Environmental 
Protection Agency (EPA) has reviewed Massachusetts' application and has 
made the tentative decision that Massachusetts' underground storage 
tank program satisfies all of the requirements necessary to qualify for 
final program approval. EPA intends to grant final approval to 
Massachusetts to operate its program in lieu of the Federal program. 
Massachusetts' application for final approval is available for public 
review and comment and a public hearing will be held to solicit 
comments on the application, if requested.
DATES: All written comments on Massachusetts' state program approval 
application must be postmarked no later than June 30, 1994. EPA will 
then respond to written comments where issues are raised concerning 
EPA's tentative program approval.
    A public hearing is scheduled for June 30, 1994. The hearing will 
begin at 10 a.m. and will continue until the end of testimony or 1 
p.m., whichever is later. Massachusetts will participate in any public 
hearing held by EPA on this subject. Requests to present oral comments 
at the hearing must be received at EPA by June 23, 1994. EPA reserves 
the right to cancel the public hearing if significant public interest 
in a hearing is not communicated to EPA in writing and postmarked by 
June 30, 1994. EPA will determine after June 23, 1994 whether there is 
significant interest to hold a public hearing. In the event the public 
hearing is cancelled, persons requesting to present oral comments will 
be timely notified of the cancellation.

ADDRESSES: Written comments should be mailed to Andrea Beland, 
Underground Storage Tank Program, HPU-7, USEPA, Region I, JFK Federal 
Building, Boston, Massachusetts 02203.
    The public hearing will be held at 90 Canal Street, Boston, MA, 
Large First Floor Conference Room.
    Copies of Massachusetts' final approval application are available 
between 8:30 a.m.-4 p.m., Monday through Friday, at the following 
locations for review and copying:

    Massachusetts, Department of Environmental Protection, Bureau of 
Waste Site Cleanup, One Winter Street, Boston, Massachusetts 02108, 
Phone: (617) 292-5887;
    Massachusetts, Department of Public Safety, Office of the State 
Fire Marshal (MA DPS), 1010 Commonwealth Avenue, Boston, Massachusetts 
02215, Phone: (617) 351-6210;
    USEPA Headquarters, Library, room 211A, 401 M Street, Washington, 
SW., DC 20460, Phone: (202) 382-5926;
    USEPA, Region I Library, 1 Congress Street, 11th Floor, Boston, 
Massachusetts 02203, Phone: (617) 565-3300.

FOR FURTHER INFORMATION CONTACT: Andrea Beland, HPU-7, Underground 
Storage Tank Program, USEPA, Region I, JFK Federal Building, Boston, 
Massachusetts 02203, Phone: (617) 573-9604.

SUPPLEMENTARY INFORMATION:

A. Background

    Section 9004 of the Resource Conservation and Recovery Act (RCRA), 
42 U.S.C. 9004, authorizes EPA to approve State underground storage 
tank programs to operate 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 all seven 
elements found at 40 CFR part 281;
    (2) Includes the notification requirements found at section 
9004(a)(8), 42 U.S.C. 6991c(a)(8); and
    (3) Provides for adequate enforcement of compliance with UST 
standards at section 9004(a), 42 U.S.C. 6991c(a).

B. Massachusetts

    On December of 1991, the Commonwealth of Massachusetts submitted a 
draft application to EPA for program approval. The Massachusetts 
Department of Public Safety (MA DPS) and the Massachusetts Department 
of Environmental Protection (MA DEP) jointly prepared the application. 
MA DPS is responsible for the underground storage tank regulatory 
program, and the MA DEP is responsible for enforcing the leaking 
underground storage tank corrective action program. Prior to the 
submission, the MA DPS, working with EPA, amended its UST rules, to 
meet the ``no less stringent'' Federal requirements. Consistent with 
Massachusetts' laws, the Commonwealth provided public notice and an 
opportunity to comment on the amended regulations. A public hearing was 
held on February 25, 1992, and the regulations became effective on 
March 27, 1992.
    In accordance with the requirements of 40 CFR 281.50(b), 
Massachusetts published a public notice on June 9, 1992, announcing a 
public hearing to be held on July 9, 1992, and requesting comments on 
Massachusetts' intention to seek program approval. On November 23, 
1992, EPA received a Final Application for program approval. The 
regulations governing the Massachusetts UST technical requirements and 
those regulating releases were amended in the summer of 1993. The 
Commonwealth's UST technical regulations became effective on July 1, 
1993 and the regulations covering releases became effective on October 
1, 1993. The Commonwealth then submitted a revised Final Application 
for program approval to EPA on August 18, 1993. EPA reviewed 
Massachusetts' application and tentatively determined that the 
Commonwealth's program meets all of the requirements necessary to 
qualify for final program approval. Consequently, EPA intends to grant 
final approval to Massachusetts to operate its program in lieu of the 
Federal program.
    Based on a detailed review of the Massachusetts' application for 
UST program approval, EPA has determined that the Massachusetts 
Department of Public Safety, through the Office of the State Fire 
Marshal has developed standards and criteria for the design, 
installation, operation, maintenance, and monitoring of underground 
storage tanks to prevent UST related ground and surface water 
contamination, under the authority of Chapter 148, Section 38E of the 
Massachusetts General Laws. Chapter 148, Section 38E of the 
Massachusetts General Laws provides:

    (1) Authority to promulgate UST regulations for controlling 
underground storage facilities containing petroleum and hazardous 
substances;
    (2) Authority to impose civil penalties for violations of any 
statutory or regulatory requirement;
    (3) Authority to conduct compliance monitoring inspections and 
other enforcement activities; and
    (4) Notification requirements for owners of underground storage 
tanks including heating oil tanks.
    In addition, the Massachusetts Department of Environmental 
Protection, through the Bureau of Waste Site Cleanup, has developed 
standards and criteria for the response and remediation of leaking 
underground storage tanks pursuant to Chapter 21E of the Massachusetts 
General Laws, the Massachusetts Oil and Hazardous Materials Release 
Prevention and Response Act, July 1, 1992, as amended. Chapter 21E of 
the Massachusetts General Laws provides:

    (1) Authority to promulgate regulations for the response to and 
remediation of a release of oil or hazardous material;
    (2) Authority to impose civil penalties for violations of any 
provision of the statute; and
    (3) Authority to conduct compliance monitoring inspections and 
other enforcement activities.

C. Public Comments

    In accordance with section 9004 of RCRA, 42 U.S.C. 6991c and 40 CFR 
281.50(e), if sufficient public interest is received by June 23, 1994, 
EPA will hold a public hearing on its tentative decision on June 30, 
1994 from 10 a.m.-1 p.m. at 90 Canal Street, Boston, MA, Large First 
Floor Conference Room. The public may also submit written comments on 
EPA's tentative determination. Written comments must be postmarked by 
June 30, 1994 as to allow EPA and the Commonwealth a reasonable 
opportunity to research and prepare responses. Copies of Massachusetts' 
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 during the public comment period and at the 
hearing. Issues raised by those comments may be the basis for a 
decision to deny final approval to Massachusetts. EPA expects to make a 
final decision on whether or not to approve Massachusetts' program 
within sixty (60) days after the date of the public hearing and will 
give notice of it in the Federal Register. The notice will include a 
summary of the reasons for the final determination and a response to 
all significant comments.

Compliance With Executive Order 12866

    The Office of Management and Budget has exempted this rule from the 
requirement 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 of Massachusetts' 
UST program effectively suspends the applicability of the Federal UST 
regulations, thereby eliminating duplicative requirements for owners 
and operators of underground storage tanks in the Commonwealth. 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 material, State program approval, Underground storage tanks.

    Authority: This action is issued under the authority of section 
9004 of the Solid Waste Disposal Act as amended, 42 U.S.C 6991c.

    Dated: May 8, 1994.
Patricia L. Meaney,
Acting Regional Administrator.
[FR Doc. 94-11988 Filed 5-16-94; 8:45 am]
BILLING CODE 6560-50-F