[Federal Register Volume 59, Number 207 (Thursday, October 27, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-26248]


[[Page Unknown]]

[Federal Register: October 27, 1994]


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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 281

[FRL-5095-5]

 

Utah; Final Approval of State Underground Storage Tank Program

AGENCY: Environmental Protection Agency.

ACTION: Notice of Tentative Determination on Application of State of 
Utah for Final Approval, Public Hearing and Public Comment Period.

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SUMMARY: The State of Utah has applied for final approval of its 
underground storage tank program under Subtitle I of the Resource 
Conservation and Recovery Act (RCRA). The Environmental Protection 
Agency (EPA) has reviewed the Utah application and has made the 
tentative decision that Utah's underground storage tank (UST) program 
satisfies all of the requirements necessary to qualify for final 
approval. Notably, the State of Utah's statute authorizes the issuance 
of regulations that are broader in scope than the Federal regulations. 
EPA intends to grant final approval to the State to operate its program 
in lieu of the Federal program. The State of Utah's application for 
final approval is available for public review and comment.

DATES: All comments on Utah's final approval application must be 
received by the close of business on November 28, 1994. The public 
hearing is tentatively scheduled for December 16, 1994.

ADDRESSES: Written comments should be sent to U.S. EPA, Attn: Leslie 
Zawacki, mail code (8HWM-WM), Region 8, 999 18th Street, Suite 500, 
Denver, Colorado 80202.
    If a public hearing is held it will be at the Department of 
Environmental Quality, 168 North 1950 West, Salt Lake City, Utah 84116, 
at 1 p.m.
    Copies of Utah's final approval application are available during 
normal working days at the following addresses for inspection and 
copying: from 8 a.m.-5 p.m. at the Utah Department of Environmental 
Quality, Division of Environmental Response and Remediation, 168 North 
1950 West, 1st Floor, Salt Lake City, Utah 84116, phone: (801) 536-
4100; and from 12 p.m.-4 p.m. at the U.S. EPA Region 8, Library, Suite 
144, 999 18th Street, Denver, Colorado 80202, phone: (303) 294-7616.

FOR FURTHER INFORMATION CONTACT: Leslie Zawacki, Underground Storage 
Tank Program Section, U.S. EPA, Region 8, 8HWM-WM, 999 18th Street, 
Denver, Colorado 80202, phone: (303) 293-1665.

SUPPLEMENTARY INFORMATION: EPA has tentatively scheduled a public 
hearing on this determination. If a sufficient number of people express 
interest in participating in a hearing by writing to EPA or calling the 
contact within 30 days of the date of publication of this notice, EPA 
will hold a hearing on the date given below in the DATES section. EPA 
will notify all persons who submit comments on this notice if it 
decides to hold the hearing. In addition, anyone who wishes to learn 
whether the hearing will be held may call the person listed in the FOR 
FURTHER INFORMATION CONTACT section.

A. Background

    Section 9004 of the Resource Conservation and Recovery Act (RCRA) 
enables 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 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, and includes 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. State of Utah

    In February 1986, the State of Utah established authority through 
the Utah Solid and Hazardous Waste Act to implement an underground 
storage tank program, the State further developed its authority in the 
UST Act in February 1989. The State adopted the federal rules and 
developed some additional rules in February 1989. The State submitted a 
draft application for state program approval in September 1992. EPA 
reviewed and commented on the draft application and requested 
additional information to be included in the final application.
    On September 20, 1993, Utah submitted an official application for 
final approval. Prior to its submission, Utah provided an opportunity 
for public notice and comment in the development of its underground 
storage tank program as required under Sec. 281.50(b). EPA has reviewed 
Utah's application, and has tentatively determined that the State's 
program meets all of the requirements necessary to qualify for final 
approval. Consequently, EPA intends to grant final approval to Utah to 
operate its program in lieu of the Federal program.
    This tentative determination to approve the Utah UST program 
applies to all activities in Utah outside of Indian Country, as defined 
in 18 U.S.C. 1151. The Environmental Protection Agency retains all 
underground storage tank authority under RCRA which applies to Indian 
Country in Utah.
    Before EPA would be able to approve the State of Utah UST program 
for any portion of ``Indian Country,'' the State would have to provide 
an appropriate analysis of the State's jurisdiction to enforce in these 
areas. In order for a state to satisfy this requirement, it must 
demonstrate to the EPA's satisfaction that it has authority pursuant to 
applicable principles of Federal Indian Law to enforce its laws against 
existing and potential pollution sources within any geographical area 
for which it seeks program approval. EPA is not satisfied that Utah 
has, at this time, made the requisite showing of its authority with 
respect to such lands.
    In withholding program approval for these areas, EPA is not making 
a determination that the State either has adequate jurisdiction or 
lacks such jurisdiction. Should the State of Utah choose to submit 
analysis with regard to its jurisdiction over all or part of ``Indian 
Country'' in the State, it may do so without prejudice.
    EPA's future evaluation of whether to approve the Utah program for 
``Indian Country,'' to include Indian reservation lands, will be 
governed by EPA's judgment as to whether the State has demonstrated 
adequate authority to justify such approval, based upon its 
understanding of the relevant principles of Federal Indian law and 
sound administrative practice. The State may wish to consider EPA's 
discussion of the related issue of tribal jurisdiction found in the 
preamble to the Indian Water Quality Standards Regulation (see 56 FR 
64876, December 12, 1991).
    In accordance with section 9004 of RCRA 42 U.S.C. 6991c and 40 CFR 
281.50(e), the Agency will accept written comments on EPA's tentative 
determination until November 28, 1994. Copies of Utah's application are 
available for inspection and copying at the locations indicated in the 
``Addresses'' section of this notice.
    EPA will consider all public comments on its tentative 
determination received during the public comment period. Issues raised 
by those comments may be the basis for a decision to deny final 
approval to Utah. EPA expects to make a final decision on whether or 
not to approve Utah's program by January 25, 1995 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 major 
comments.
    The Office of Management and Budget has exempted this rule from the 
requirements of section 6 of Executive Order 12866.
    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 Utah'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, 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: October 5, 1994.
William P. Yellowtail,
Regional Administrator.
[FR Doc. 94-26248 Filed 10-26-94; 8:45 am]
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