[Federal Register Volume 59, Number 152 (Tuesday, August 9, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-19184]


[[Page Unknown]]

[Federal Register: August 9, 1994]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 281

[FRL-5028-5]

 

Iowa; Approval of State Underground Storage Tank Program

AGENCY: Environmental Protection Agency.

ACTION: Notice of tentative determination on application of State of 
Iowa for final approval, public comment period.

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SUMMARY: The State of Iowa 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 Iowa's application and has made the tentative 
decision that Iowa's UST program satisfies all of the requirements 
necessary to qualify for final approval. Thus, EPA intends to grant 
final approval to Iowa to operate its program in lieu of the federal 
program. Iowa's 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 there is significant interest.

DATES: The public may submit written comments on EPA's tentative 
determination until September 8, 1994. EPA expects to make a final 
decision on whether or not to approve Iowa's program by November 7, 
1994, and will give notice of it in the Federal Register. Any request 
for a hearing and all comments on Iowa's final approval application 
must be received at the EPA Region 7 office by the close of business on 
September 8, 1994.

ADDRESSES: Comments should be sent to Lee Daniels, Coordinator, 
Underground Storage Tank Section, EPA Region 7, 726 Minnesota Ave., 
Kansas City, Kansas, 66101. Phone: (913) 551-7651. Copies of Iowa's 
program application are available during business hours at the 
following addresses for inspection and copying: Iowa Department of 
Natural Resources, Wallace State Office Building, Des Moines, Iowa, 
Phone: (515) 281-8779; U.S. EPA Headquarters, Library, Room 211A, 401 M 
Street, SW., Washington, DC 20460, Phone: (202) 382-5926; and U.S. EPA 
Region 7 Library, 726 Minnesota Ave., Kansas City, Kansas 66101, Phone: 
(913) 551-7266.

FOR FURTHER INFORMATION CONTACT: Lee Daniels, Coordinator, Underground 
Storage Tank Section, EPA Region 7, 726 Minnesota Ave., Kansas City, 
Kansas, 66101. Phone: (913) 551-7651.

SUPPLEMENTARY INFORMATION:

Public Comments and Hearings

    EPA will consider all public comments on its tentative 
determination received during the public comment period or at a public 
hearing, if held. Issues raised by those comments may be the basis for 
a decision to deny final approval to Iowa. EPA will announce its final 
determination in a Federal Register notice which will include a summary 
of the reasons for the determination and a response to all major 
comments. A public hearing will be held only if significant public 
interest on substantive issues is shown. If a public hearing is held, 
all those making comments or requesting a hearing will be notified by 
EPA of the place and time.

A. Background

    Section 9004 of the Resource Conservation and Recovery Act (RCRA) 
enables EPA to approve state UST programs to operate in the State in 
lieu of the Federal UST program. Program approval is granted by EPA if 
the Agency finds that the state program is (1) ``no less stringent'' 
than the Federal program in leak detection, maintaining records, 
release reporting, corrective action, tank closure, financial 
responsibility, new tank standards and the notification requirements of 
Section 9004(a)(8), 42 U.S.C. 6991c(a)(8); and (2) provides for 
adequate enforcement of compliance with UST standards (Section 9004(a), 
42 U.S.C. 6991c(a)).

B. Iowa

    The statute authorizing Iowa's Underground Storage Tank Program is 
set forth in Division IV, Part 8 of Iowa Code Chapter 455B, entitled 
``Underground Storage Tanks.'' Part 8 consists of Code Sections 
455B.471 through 455.479 and is the statute the State of Iowa relies on 
to obtain authorization for this program. In addition to its statutory 
authority, The Environmental Protection Commission of the Department of 
Natural Resources has adopted the federal regulations essentially 
verbatim. The rules differ in certain instances as a result of 
statutory requirements peculiar to Iowa's program, however, it is the 
opinion of the Iowa Attorney General that these differences do not 
render inadequate the State's authority to carry out this program. The 
program includes standards for: new tanks, upgrading existing tanks, 
general operating requirements, release detection, release reporting, 
corrective action, tank closure, financial responsibility and 
notification requirements.
    On March 17, 1994, Iowa submitted an official application for 
``complete'' program approval. On April 25, 1994, Iowa submitted H.F. 
2118 which amended Iowa Code Sec. 455B.471(6) for inclusion in the 
application. This bill amended the definition of an ``owner'' of an 
underground storage tank and provided the conditions under which a 
``lender'' might be exempted from that definition. Also, on June 7, 
1994 Iowa modified its' application so that it is not seeking 
authorization over Indian lands. Together, these comprise the Iowa 
application. The Iowa program provides for regulation of both petroleum 
and hazardous substance tanks. Iowa also regulates farm/residential 
tanks of 1,100 gallons or less capacity. However, this part of the Iowa 
program is broader in scope than the Federal program and is not 
included in this tentative approval. Prior to its submission, Iowa 
provided an opportunity for public notice and comment in the 
development of its underground storage tank program as required under 
40 CFR Sec. 281.50(b). EPA has reviewed Iowa's application and has 
tentatively determined that the State's program meets all of the 
necessary requirements to qualify for final approval. Consequently, EPA 
intends to grant Iowa final approval to operate its program in lieu of 
the Federal program.
    The public may submit comments regarding EPA's tentative 
determination as provided in the ``Dates'' section of this notice.

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 hereby 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 Iowa's 
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, and Underground Storage 
Tanks.

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

    Dated: July 14, 1994.
Dennis Grams, P.E.,
Regional Administrator.
[FR Doc. 94-19184 Filed 8-8-94; 8:45 am]
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