[Federal Register Volume 61, Number 34 (Tuesday, February 20, 1996)]
[Rules and Regulations]
[Pages 6319-6322]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-3284]



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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 282

[FRL-5345-3]


Underground Storage Tank Program: Approved State Program for 
Rhode Island

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

DATES: This regulation is effective April 22, 1996, unless EPA 
publishes a prior Federal Register notice withdrawing this immediate 
final rule. All comments on the codification of Rhode Island's 
underground storage tank program must be received by the close of 
business March 21, 1996. The incorporation by reference of certain 
publications listed in the regulations is approved by the Director of 
the Federal Register, as of April 22, 1996, in accordance with 5 U.S.C. 
552(a).

ADDRESSES: Comments may be mailed to the Docket Clerk (Docket No. UST 
5-2), Underground Storage Tank Program, HPU-CAN7, U.S. EPA Region I, 
JFK Federal Building, Boston, MA 02203-

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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: Stuart F. Gray, Underground Storage 
Tank Program, HPU-CAN7, U.S. EPA Region I, JFK Federal Building, 
Boston, MA 02203-2211. Phone: (617) 573-9655.

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 Rhode Island. (57 FR 220, November 13, 
1992). Approval was effective on February 10, 1993.
    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 Rhode Island 
underground storage tank program. This codification reflects only the 
state underground storage tank program in effect at the time EPA 
granted Rhode Island 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 Rhode Island 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 Rhode 
Island program and by amending the Code of Federal Regulations whenever 
a new or different set of requirements is approved in Rhode Island, the 
status of federally approved requirements of the Rhode Island program 
will be readily discernible. Only those provisions of the Rhode Island 
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 Rhode Island's underground storage tank 
program, EPA has added Section 282.89 to Title 40 of the CFR. 
Sec. 282.89 incorporates by reference for enforcement purposes the 
state's statutes and regulations. Section 282.89 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 Rhode 
Island enforcement authorities will not be incorporated by reference. 
Forty CFR Sec. 282.89 lists those approved Rhode Island authorities 
that would fall into this category.
    The public also needs to be aware that some provisions of Rhode 
Island's underground storage tank program are not part of the federally 
approved state program. These are:
     Registration requirements for farm or residential tanks 
less than or equal to 1,100 gallons containing motor fuels for non-
commercial use;
     Registration requirements for tanks used for storing 
heating oil for consumptive use on the premises; and
     Permanent closure requirements for tanks 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 282.89 of 
the codification simply lists for reference and clarity the Rhode 
Island 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 220, Nov. 13, 
1992) to approve the Rhode Island 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.

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: September 14, 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. 282.89 to read as follows:

Subpart B--Approved State Programs


Sec. 282.89  Rhode Island State-Administered Program.

    (a) The State of Rhode Island 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 Rhode Island Department of Environmental 
Management, was approved by EPA pursuant to 42 U.S.C. 6991c and Part 
281 of 40 CFR. EPA approved the Rhode Island program on 

[[Page 6321]]
January 11, 1993, and the approval was effective on February 10, 1993.
    (b) Rhode Island 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, Rhode Island 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 Rhode Island 
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) Rhode Island has final approval for the following elements 
submitted to EPA in Rhode Island's program application for final 
approval and approved by EPA on January 11, 1995. Copies may be 
obtained from the Underground Storage Tank Program, Rhode Island 
Department of Environmental Management, 291 Promenade Street, 
Providence, RI 02908. The elements are listed as follows:
    (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) Rhode Island Statutory Requirements Applicable to the 
Underground Storage Tank Program, 1995.
    (B) Rhode Island 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: Titles 46, 42, 38, 37, and 23 
of the General Laws of Rhode Island, 1956, as amended.
    (B) The regulatory provisions include: The State of Rhode Island 
Regulations for Underground Storage Facilities Used for Petroleum 
Products and Hazardous Materials.
    (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) Titles 46, 42, 38, 37, and 23 of the General Laws of Rhode 
Island, 1956, as amended, insofar as they refer to registration and 
closure requirements for tanks containing heating oil consumed on the 
premises where stored; and farm or residential tanks less than or equal 
to 1,100 gallons containing motor fuels for non-consumptive use.
    (B) Rhode Island Regulations for Underground Storage Facilities 
Used for Petroleum Products and Hazardous Materials, Section 8, 
Facility Registration and Notification, and Section 15, Closure; 
insofar as they refer to tanks less than or equal to 1,100 gallons 
containing motor fuels for non-commercial use and for tanks containing 
heating oil consumed on the premises where stored.
    (2) Statement of legal authority. (i) ``Attorney General's 
Statement for Final Approval and appendixes'' signed by the Attorney 
General of Rhode Island on July 1, 1992, 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 Rhode Island to EPA July 
1, 1992, 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 July 1992, 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 July 1992, 
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 October 19, 1992, EPA and the Rhode 
Island Department of Environmental Management 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 ``Rhode Island'' and its listing.

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

* * * * *

Rhode Island

    (a) The statutory provisions include Rhode Island Statute Title 46 
of the General Laws of Rhode Island, 1956, as amended:

Chapter 12  Water Pollution
Chapter 12.1  Underground Storage Tanks
Chapter 12.3  The Environmental Injury Compensation Act
Chapter 12.5  Oil Pollution Control
Chapter 13.1  Groundwater Protection
Chapter 14  Contamination of Drinking Water

    (b) The statutory provisions include Title 42 of the General Laws 
of Rhode Island, 1956, as amended.

Chapter 35  Administrative Procedures

    (c) The statutory provisions include Title 38 of the General Laws 
of Rhode Island, 1956, as amended.

Chapter 2  Access to Public Records

    (d) The statutory provisions include Title 37 of the General Laws 
of Rhode Island, 1956, as amended.

Chapter 18  Narragansett Indian and Management Corp.

    (e) The statutory provisions include Title 23 of the General Laws 
of Rhode Island, 1956, as amended.

Chapter 19.1  Hazardous Waste Management

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

Section 1.00  Purpose
Section 2.00  Authority
Section 3.00  Superseded Rules and Regulations
Section 4.00  Severability
Section 5.00  Applicability
Section 6.00  Administrative Findings
Section 7.00  Definitions
Section 8.00  Facility Registration and Notification
Section 9.00  Financial Responsibility
Section 10.00  Minimum Existing Facility Requirements
Section 11.00  New Facility and Replacement Tank Requirements
Section 12.00  Facility Modification
Section 13.00  Maintaining Records
Section 14.00  Leak and Spill Response
Section 15.00  Closure
Section 16.00  Leak Detection Methods and Precision Tester Licensing 
Requirements 

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Section 17.00  Signatories to Registration and Closure Applications
Section 18.00  Transfer of Certificates of Registration or Closure
Section 19.00  USTs/Holding Tanks Serving Floor Drains
Section 20.00  Variances
Section 21.00  Appeals
Section 22.00  Penalties
Appendix A
Appendix B
Appendix C

[FR Doc. 96-3284 Filed 2-16-96; 8:45 am]
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