[Federal Register Volume 60, Number 194 (Friday, October 6, 1995)]
[Rules and Regulations]
[Pages 52342-52345]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-24873]



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[[Page 52343]]



ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 282

[FRL-5295-1]


Underground Storage Tank Program: Approved State Program for Utah

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. 40 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 part 282 the prior approval of Utah's 
underground storage tank program and incorporates by reference 
appropriate provisions of state statutes and regulations.

DATES: This regulation is effective December 5, 1995, unless EPA 
publishes a prior Federal Register notice withdrawing this immediate 
final rule. All comments on the codification of Utah's underground 
storage tank program must be received by the close of business November 
6, 1995. The incorporation by reference of certain publications listed 
in the regulations is approved by the Director of the Federal Register, 
as of December 5, 1995, in accordance with 5 U.S.C. 552(a).

ADDRESSES: Comments may be mailed to Jo Taylor, 8HWM-WM, Hazardous 
Waste Management Division, Underground Storage Tank Program, U.S. EPA 
Region 8, 999-18th Street, Suite 500, Denver, Colorado, 80202-2466. 
Comments received by EPA may be inspected in U.S. EPA Region 8 Library, 
Suite 144, 999 18th Street, Denver, Colorado 80202-2466 from 12:00 p.m. 
to 4:00 p.m., Monday through Friday, excluding federal holidays.

FOR FURTHER INFORMATION CONTACT: Jo Taylor, 8HWM-WM, Underground 
Storage Tank Program, U.S. EPA Region 8, 999-18th Street, Suite 500, 
Denver, Colorado, 80202-2466. Phone: (303) 293-1511.

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 (EPA) 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 Utah (60 FR 12709, March 
8, 1995). Approval was effective on April 7, 1995.
    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 Utah underground 
storage tank program. This codification reflects the state program in 
effect at the time EPA granted Utah approval under section 9004(a), 42 
U.S.C. 6991c(a) for its underground storage tank program. Notice and 
opportunity for comment were provided earlier on the Agency's decision 
to approve the Utah program, and EPA is not now reopening that decision 
nor requesting comment on it.
    This effort provides clear notice to the public of the scope of the 
approved program in each state. By codifying the approved Utah program 
and by amending the Code of Federal Regulations whenever a new or 
different set of requirements is approved in Utah, the status of 
federally approved requirements of the Utah program will be readily 
discernible. Only those provisions of the Utah 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 Utah's underground storage tank 
program, EPA has added section 282.94 to title 40 of the CFR. Section 
282.94 incorporates by reference for enforcement purposes the State's 
statutes and regulations. Section 282.94 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, the Agency will rely on federal sanctions, federal 
inspection authorities, and federal procedures, rather than the state 
authorized analogs to these provisions. Therefore, the approved Utah 
enforcement authorities will not be incorporated by reference. Section 
282.94 lists those approved Utah authorities that would fall into this 
category.
    The public also needs to be aware that some provisions of the 
State's underground storage tank program are not part of the federally 
approved state program. 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 282.94 of the codification simply lists for reference and 
clarity the Utah 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 (60 FR 12709, March 8, 
1995) to approve the Utah 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.

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. 

[[Page 52344]]


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: August 25, 1995.
Jack W. McGraw,
Acting Regional Administrator.

    For the reasons set forth in the preamble, 40 CFR part 282 is 
proposed to be 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. 282.94 to read as follows:

Subpart B--Approved State Programs


Sec. 282.94  Utah State-Administered Program.

    (a) The State of Utah 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 Utah Department of Environmental Quality, was 
approved by EPA pursuant to 42 U.S.C. 6991c and part 281 of this 
Chapter. EPA approved the Utah program on March 8, 1995 and it was 
effective on April 7, 1995.
    (b) Utah 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, Utah 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 Utah 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) Utah has final approval for the following elements submitted to 
EPA in Utah's program application for final approval and approved by 
EPA on March 8, 1995. Copies may be obtained from the Underground 
Storage Tank Branch, Utah Department of Environmental Quality, 168 
North 1950 West, 1st Floor, Salt Lake City, Utah 84116.
    (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) Utah Statutory Requirements Applicable to the Underground 
Storage Tank Program, 1995.
    (B) Utah 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: Utah Code Unannotated (1994), 
Title 19, Chapter 6, Sections 19-6-112; 19-6-113; 19-6-115; 19-6-
402(8), (11), and (23); 19-6-404(2)(f), (j), and (m); 19-6-405.5; 19-6-
407(2) and (3); 19-6-410(3) as it pertains to penalties, (4)(b), and 
(5); 19-6-416; 19-6-418; 19-6-420(2), (4)(a), (5)(b), and (9)(b); 19-6-
424.5; 19-6-425; 19-6-426(5) and (6); and 19-6-427.
    (B) The regulatory provisions include: Administrative Rules of the 
State of Utah, Utah Administrative Code (1993), Sections R311-208-1; 
R311-208-2; R311-208-3; R311-208-4; R311-208-5; and R311-208-6.
    (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) The statutory provisions include: Utah Code Unannotated (1994), 
Title 19, Chapter 6, Sections 19-6-402 (3), (4), (9), (14), (15), (20), 
and (26); 19-6-403(1)(a) (i) and (iv); 19-6-404(2)(c); 19-6-405.5; 19-
6-408; 19-6-409; 19-6-410; 19-6-411; 19-6-412; 19-6-414; 19-6-415; 19-
6-416; 19-6-417; 19-6-419; 19-6-420 (1), (3)(a), (3)(b), (5)(c), and 
(6); 19-6-421; 19-6-422; 19-6-423; 19-6-424; and 19-6-426 (1) through 
(4) and (7).
    (B) The regulatory provisions include: Administrative Rules of the 
State of Utah, Utah Administrative Code (1993), Sections R311-200-1 
(2), (5), (8), (10), (13), (20), (29), (42) through (49), (53), and 
(54); R311-201-2; R311-201-1; R311-201-3; R311-201-4; R311-201-5; R311-
201-6; R311-201-7; R311-201-8; R311-201-9; R311-201-10; R311-201-11; 
R311-203-2; R311-206-2 (b) and (c); R311-206-4; R311-206-5 (b), (c), 
(d), and the words ``compliance or'' in (a); R311-206-6; R311-207-1; 
R311-207-2; R311-207-3; R311-207-4; R311-207-5; R311-207-6; R311-207-7; 
R311-207-8; R311-207-9; R311-209-1; R311-209-2; R311-209-3; and R311-
209-4.
    (2) Statement of legal authority. (i) ``Attorney General's 
Statement for Final Approval'', signed by the Attorney General of Utah 
on April 18, 1994, 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 Utah to EPA, April 18, 
1994, 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 complete application in September 1993, 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 September 
1993, 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. The Memorandum of Agreement between 
EPA Region VIII and the Utah Department of Environmental Quality, 
signed by the EPA Regional Administrator on March 1, 1995, 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. Appendix A to Part 282 is amended by adding in alphabetical 
order ``Utah'' and its listing.

Appendix A to Part 282--State Requirements Incorporated by Reference in 
Part 282 of the Code of Federal Regulations

* * * * *

Utah

    (a) The statutory provisions include: Utah Code Unannotated 
(1994), Title 19, Chapter 6, Part 1, Solid and Hazardous Waste Act, 
and Chapter 6, Part 4, Underground Storage Tank Act:

    Section 19-6-109  Inspections authorized. 

[[Page 52345]]

    Section 19-6-402  Definitions, except (3), (4), (8), (9), (11), 
(14), (15), (20), (23), and (26).
    Section 19-6-402.5  Retroactive effect.
    Section 19-6-403  Powers and duties of board, except (1)(a) (i) 
and (iv).
Section 19-6-404
    Powers and duties of executive secretary, except (2)(c), (2)(f), 
(2)(j), and (2)(m).
    Section 19-6-407  Underground storage tank registration--Change 
of ownership or operation--Civil penalty, except (2) and (3).
    Section 19-6-413  Tank tightness test--Actions required after 
testing.
    Section 19-6-420  Releases--Abatement actions--Corrective 
actions, except (1) through (3)(b), (4)(a), (5) (b) and (c), (6), 
and (9)(b).

    (b) The regulatory provisions include:
    (1) Administrative Rules of the State of Utah, Utah 
Administrative Code (1993):

    Section R311-200-1  Definitions, except (2), (5), (8), (10), 
(13), (20), (29), (42) through (49), (53), and (54).
    Section R311-202-1  Incorporation by Reference.
    Section R311-203-1  Definitions.
    Section R311-203-3  New Installations.
    Section R311-203-4  Notification.
    Section R311-204-1  Definitions
    Section R311-204-2  Underground Storage Tank Closure Plan.
    Section R311-204-3  Disposal.
    Section R311-204-4  Subsequent Closure Notice.
    Section R311-205-1  Definitions.
    Section R311-205-2  Site Assessment Protocol.
    Section R311-206-1  Definitions.
    Section R311-206-2  Requirements for Issuance of Certificates, 
except (b) and (c).
    Section R311-206-3  Application for Certificates.
    Section R311-206-5  Revocation and Reissuance of Certificates, 
except (b), (c), (d), and the words ``compliance or'' in R311-206-
5(a).

[FR Doc. 95-24873 Filed 10-5-95; 8:45 am]
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