[Federal Register Volume 60, Number 176 (Tuesday, September 12, 1995)]
[Rules and Regulations]
[Pages 47300-47302]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-22487]



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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 282

[FRL-5277-6]


Underground Storage Tank Program: Approved State Program for 
Vermont

AGENCY: Environmental Protection Agency (EPA).

ACTION: Immediate final rule.

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SUMMARY: The Resource Conservation and Recovery Act of 1976, as amended 
(RCRA), authorizes the U.S. Environmental Protection Agency (EPA) to 
grant approval to states to operate their underground storage tank 
programs in lieu of the federal program. Forty CFR part 282 codifies 
EPA's decision to approve state programs and incorporates by reference 
those provisions of the state statutes and regulations that will be 
subject to EPA's inspection and enforcement authorities under Sections 
9005 and 9006 of RCRA Subtitle I and other applicable statutory and 
regulatory provisions. This rule codifies in 40 CFR part 282 the prior 
approval of Vermont's underground storage tank program and incorporates 
by reference appropriate provisions of state statutes and regulations.

DATES: This regulation is effective November 13, 1995, unless EPA 
publishes a prior Federal Register document withdrawing this immediate 
final rule. All comments on the codification of Vermont's underground 
storage tank program must be received by the close of business October 
12, 1995. The incorporation by reference of certain publications listed 
in the regulations is approved by the Director of the Federal Register, 
as of November 13, 1995, in accordance with 5 U.S.C. 552(a).

ADDRESSES: Comments may be mailed to the Docket Clerk (Docket No. UST 
5-1), Underground Storage Tank Program, HPU-CAN7, U.S. EPA Region I, 
JFK Federal Building, Boston, MA 02203-2211. Comments received by EPA 
may be inspected in the public docket, located in the Waste Management 
Division Record Center, 90 Canal St., Boston, MA 02203 from 9 a.m. to 4 
p.m., Monday through Friday, excluding federal holidays.

FOR FURTHER INFORMATION CONTACT: Joan Coyle, Underground Storage Tank 
Program, HPU-CAN7, U.S. EPA Region I, JFK Federal Building, Boston, MA 
02203-2211. Phone: (617) 573-9667.

SUPPLEMENTARY INFORMATION:

Background

    Section 9004 of the Resource Conservation and Recovery Act of 1976, 
as amended, (RCRA), 42 U.S.C. 6991c, allows the U.S. Environmental 
Protection Agency to approve state underground storage tank programs to 
operate in the state in lieu of the federal underground storage tank 
program. EPA published a Federal Register document announcing its 
decision to grant approval to Vermont. (57 FR 186, January 3, 1992). 
Approval was effective on February 3, 1992.
    EPA codifies its approval of state programs in 40 CFR part 282 and 
incorporates by reference therein the state statutes and regulations 
that will be subject to EPA's inspection and enforcement authorities 
under Sections 9005 and 9006 of Subtitle I of RCRA, 42 U.S.C. 6991d and 
6991e, and other applicable statutory and regulatory provisions. 
Today's rulemaking codifies EPA's approval of the Vermont underground 
storage tank program. This codification reflects only the state 
underground storage tank program in effect at the time EPA granted 
Vermont approval under section 9004(a), 42 U.S.C. 6991c(a). EPA 
provided notice and opportunity for comment earlier during the Agency's 
decision to approve the Vermont program. EPA is not now reopening that 
decision nor requesting comment on it.
    Codification provides clear notice to the public of the scope of 
the approved program in each state. By codifying the approved Vermont 
program and by amending the Code of Federal Regulations whenever a new 
or different set of requirements is approved in Vermont, the status of 
federally approved requirements of the Vermont program will be readily 
discernible. Only those provisions of the Vermont underground storage 
tank program for which approval has been granted by EPA will be 
incorporated by reference for enforcement purposes.
    To codify EPA's approval of Vermont's underground storage tank 
program, EPA has added Section 282.95 to Title 40 of the CFR. Section 
282.95 incorporates by reference for enforcement purposes the state's 
statutes and regulations. Section 282.95 also references the Attorney 
General's Statement, Demonstration of Adequate Enforcement Procedures, 
the Program Description, and the Memorandum of Agreement, which are 
approved as part of the underground storage tank program under Subtitle 
I of RCRA.
    The Agency retains the authority under Sections 9005 and 9006 of 
Subtitle I of RCRA, 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, EPA will rely on federal sanctions, federal 
inspection authorities, and federal procedures rather than the state 
authorized analogs to these provisions. Therefore, the approved Vermont 
enforcement authorities will not be incorporated by reference. Forty 
CFR Sec. 282.95 lists those approved Vermont authorities that would 
fall into this category.
    The public also needs to be aware that some provisions of Vermont's 
underground storage tank program are not part of the federally approved 
state program. These are:
     Registration requirements for tanks greater than 1,100 
gallons containing heating oil consumed on the premises where stored; 
and
     Permanent closure requirements for tanks greater than 
1,100 gallons containing heating oil consumed on the premises where 
stored.
    These non-approved provisions are not part of the RCRA Subtitle I 
program, because they are ``broader in scope'' than Subtitle I of RCRA. 
See 40 CFR 281.12(a)(3)(ii). As a result, state provisions which are 
``broader in scope'' than the federal program are not incorporated by 
reference for purposes of enforcement in part 282. Section 282.95 of 
the codification simply lists for reference and clarity the Vermont 
statutory and regulatory provisions which are ``broader in scope'' than 
the federal program and which are not, therefore, part of the approved 
program being codified today. ``Broader in scope'' provisions cannot be 
enforced by EPA. The State, however, will continue to enforce such 
provisions.

Certification Under the Regulatory Flexibility Act

    This rule codifies the decision already made (57 FR 186, Jan. 3, 
1992) to approve the Vermont underground storage tank program and thus 
has no separate effect. Therefore, this rule does not require a 
regulatory flexibility analysis. Thus, pursuant to Section 605(b) of 
the Regulatory Flexibility Act, 5 U.S.C. 605(b), I hereby certify that 
this rule will not have a significant economic impact on a substantial 
number of small entities.

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. 

[[Page 47301]]


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

List of Subjects in 40 CFR Part 282

    Environmental protection, Hazardous substances, Incorporation by 
reference, Intergovernmental relations, State program approval, 
Underground storage tanks, Water pollution control.

    Dated: July 20, 1995.
John P. DeVillars,
Regional Administrator.

    For the reasons set forth in the preamble, 40 CFR part 282 is 
amended as follows:

PART 282--APPROVED UNDERGROUND STORAGE TANK PROGRAMS

    1. The authority citation for part 282 continues to read as 
follows:

    Authority: 42 U.S.C. 6912, 6991c, 6991d, and 6991e.

    2. Subpart B is amended by adding Sec. 282.95 to read as follows:

Subpart B--Approved State Programs


Sec. 282.95  Vermont State-Administered Program.

    (a) The State of Vermont is approved to administer and enforce an 
underground storage tank program in lieu of the federal program under 
Subtitle I of the Resource Conservation and Recovery Act of 1976 
(RCRA), as amended, 42 U.S.C. 6991 et seq. The State's program, as 
administered by the Vermont Department of Environmental Conservation, 
was approved by EPA pursuant to 42 U.S.C. 6991c and 40 CFR part 281. 
EPA approved the Vermont program on January 3, 1992, and the approval 
was effective on February 3, 1992.
    (b) Vermont has primary responsibility for enforcing its 
underground storage tank program. However, EPA retains the authority to 
exercise its inspection and enforcement authorities under Sections 9005 
and 9006 of Subtitle I of RCRA, 42 U.S.C. 6991d and 6991e, as well as 
under other statutory and regulatory provisions.
    (c) To retain program approval, Vermont must revise its approved 
program to adopt new changes to the federal Subtitle I program which 
make it more stringent, in accordance with Section 9004 of RCRA, 42 
U.S.C. 6991c, and 40 CFR part 281, subpart E. If Vermont obtains 
approval for the revised requirements pursuant to Section 9004 of RCRA, 
42 U.S.C. 6991c, the newly approved statutory and regulatory provisions 
will be added to this Subpart and notice of any change will be 
published in the Federal Register.
    (d) Vermont has final approval for the following elements submitted 
to EPA in Vermont's program application for final approval and approved 
by EPA on January 3, 1992. Copies may be obtained from the Underground 
Storage Tank Program, Vermont Department of Environmental Conservation, 
103 South Main Street, West Building, Waterbury, VT 05671-0404. The 
elements are listed below:
    (1) State statutes and regulations. (i) The provisions cited in 
this paragraph are incorporated by reference as part of the underground 
storage tank program under Subtitle I of RCRA, 42 U.S.C. 6991 et seq.
    (A) Vermont Statutory Requirements Applicable to the Underground 
Storage Tank Program, 1995.
    (B) Vermont Regulatory Requirements Applicable to the Underground 
Storage Tank Program, 1995.
    (ii) The following statutes and regulations are part of the 
approved state program, although not incorporated by reference herein 
for enforcement purposes.
    (A) The statutory provisions include: Title 10 Vermont Statutes 
Annotated, Chapter 59, Sections 1931 through 1935.
    (B) The regulatory provisions include: Vermont Environmental 
Protection Rules, Chapter 8, Sections 104 through 106.
    (iii) The following statutory and regulatory provisions are broader 
in scope than the federal program, are not part of the approved 
program, and are not incorporated by reference herein for enforcement 
purposes.
    (A) Title 10 Vermont Statutes Annotated, Chapter 59, Section 1929, 
insofar as it refers to registration requirements for tanks greater 
than 1,100 gallons containing heating oil consumed on the premises 
where stored.
    (B) Vermont Environmental Protection Rules, Chapter 8, Section 301, 
registration requirements, and Section 605(2), permanent closure 
requirements, insofar as they refer to tanks greater than 1,100 gallons 
containing heating oil consumed on the premises where stored.
    (2) Statement of legal authority. (i) ``Attorney General's 
Statement for Final Approval,'' signed by the Attorney General of 
Vermont on April 11, 1991, though not incorporated by reference, is 
referenced as part of the approved underground storage tank program 
under Subtitle I of RCRA, 42 U.S.C. 6991 et seq.
    (ii) Letter from the Attorney General of Vermont to EPA, April 11, 
1991, though not incorporated by reference, is referenced as part of 
the approved underground storage tank program under Subtitle I of RCRA, 
42 U.S.C. 6991 et seq.
    (3) Demonstration of procedures for adequate enforcement. The 
``Demonstration of Procedures for Adequate Enforcement'' submitted as 
part of the original application in May 1991, though not incorporated 
by reference, is referenced as part of the approved underground storage 
tank program under Subtitle I of RCRA, 42 U.S.C. 6991 et seq.
    (4) Program Description. The program description and any other 
material submitted as part of the original application in May 1991, 
though not incorporated by reference, are referenced as part of the 
approved underground storage tank program under Subtitle I of RCRA, 42 
U.S.C. 6991 et seq.
    (5) Memorandum of Agreement. On March 2, 1992, EPA and the Vermont 
Department of Environmental Conservation signed the Memorandum of 
Agreement. Though not incorporated by reference, the Memorandum of 
Agreement is referenced as part of the approved underground storage 
tank program under Subtitle I of RCRA, 42 U.S.C. 6991 et seq.
    3. Appendix A to part 282 is amended by adding in alphabetical 
order ``Vermont'' and its listing.
Appendix A to Part 282--State Requirements Incorporated by 
Reference in Part 282 of the Code of Federal Regulations

* * * * *

Vermont

    (a) The statutory provisions include Vermont Statutes Annotated, 
1992, Chapter 59. Underground Liquid Storage Tanks:

Section 1921  Purpose.
Section 1922  Definitions.
Section 1923  Notice of New or Existing Underground Storage Tank.
Section 1924  Integrity Report.
Section 1925  Notice in Land Records.
Section 1926  Unused and Abandoned Tanks.
Section 1927  Regulation of Category One Tanks.
Section 1928  Regulation of Large Farm and Residential Motor Fuel 
Tanks.
Section 1930  Implementation; Coordination.
Section 1936  Licensure of Tank Inspectors. 

[[Page 47302]]

Section 1938  Underground Storage Tank Trust Fund.
Section 1939  Risk Retention Pool.
Section 1940  Underground Storage Tank Incentive Program.
Section 1941  Petroleum Cleanup Fund.
Section 1942  Petroleum Distributor Licensing Fee.
Section 1943  Petroleum Tank Assessment.
Section 1944  Underground Storage Tank Loan Assistance Program.

    (b) The regulatory provisions include State of Vermont, Agency 
of Natural Resources, Underground Storage Tank Regulations, February 
1, 1991:

(1) Subchapter 1: General.
    Section 8-101  Purpose.
    Section 8-102  Applicability.
    Section 8-103  Severability.
(2) Subchapter 2: Definitions.
    Section 8-201  Definitions.
(3) Subchapter 3: Notification and Permits.
    Section 8-301  Notification, except for the following words in 
section 8-301(1), ``Notification is also required for any tank used 
exclusively for on-premises heating that is greater than 1100 
gallons in size.''
    Section 8-302  Permits.
    Section 8-303  Financial Responsibility Requirements.
    Section 8-304  Petroleum Tank Assessment.
    Section 8-305  Innovative Technology.
(4) Subchapter 4: Minimum Standards for New and Replacements Tanks 
and Piping.
    Section 8-401  General Requirements.
    Section 8-402  Tanks--Design and Manufacturing Standards.
    Section 8-403  Tanks--Secondary Containment.
    Section 8-404  Tanks--Release Detection.
    Section 8-405  Piping--Design and Construction.
    Section 8-406  Compatibility.
    Section 8-407  Spill and Overfill Prevention Equipment.
    Section 8-408  Installation.
(5) Subchapter 5: Minimum Operating Standards for Existing Tanks and 
Piping.
    Section 8-501  General Requirements.
    Section 8-502  Spill and Overfill Prevention.
    Section 8-503  Corrosion Protection of Metallic Components.
    Section 8-504  Release Detection.
    Section 8-505  Compatibility.
    Section 8-506  Repairs.
(6) Subchapter 6: Reporting, Investigation, Corrective Action and 
UST Closure.
    Section 8-601  General Requirement, except for the following 
words, ``Heating oil tanks greater than 1100 gallons capacity used 
exclusively for on-premise heating purposes are subject to the 
requirements for permanent closure in accordance with subsection 8-
605(2).''
    Section 8-602  Reporting.
    Section 8-603  Release Investigation and Confirmation.
    Section 8-604  Corrective Action.
    Section 8-605  Closure of USTs.
    Appendix A  Groundwater Monitoring Requirements.
    Appendix B  Inventory Monitoring Procedures.
    Appendix C  Procedures for Manual Tank Gauging.
    Appendix D  Installation Requirements Applicable to New and 
Replacement UST Systems.

[FR Doc. 95-22487 Filed 9-11-95; 8:45 am]
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