[Federal Register Volume 61, Number 155 (Friday, August 9, 1996)] [Rules and Regulations] [Pages 41507-41510] From the Federal Register Online via the Government Publishing Office [www.gpo.gov] [FR Doc No: 96-20366] ======================================================================= ----------------------------------------------------------------------- ENVIRONMENTAL PROTECTION AGENCY 40 CFR Part 282 [FRL-5543-5] Underground Storage Tank Program: Approved State Program for Connecticut AGENCY: Environmental Protection Agency (EPA). ACTION: Immediate final rule. ----------------------------------------------------------------------- SUMMARY: The Resource Conservation and Recovery Act of 1976, as amended (RCRA), authorizes the 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 [[Page 41508]] in 40 CFR Part 282 the prior approval of Connecticut's underground storage tank program and incorporates by reference appropriate provisions of state statutes and regulations. DATES: This regulation is effective October 8, 1996, unless EPA publishes a prior Federal Register notice withdrawing this immediate final rule. All comments on the codification of Connecticut's underground storage tank program must be received by the close of business September 9, 1996. The incorporation by reference of certain publications listed in the regulations is approved by the Director of the Federal Register, as of October 8, 1996, in accordance with 5 U.S.C. 552(a). ADDRESSES: Comments may be mailed to the Docket Clerk (Docket No. UST 5-4), Underground Storage Tank Program, HBO, U.S. EPA-New England, J.F.K. Federal Building, Boston, MA 02203-2211. Comments received by EPA may be inspected in the public docket, located in the Office of Site Remediation & Restoration 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: Jonathan Walker, Underground Storage Tank Program, HBO, U.S. EPA-New England, J.F.K. Federal Building, Boston, MA 02203-2211. Phone: (617) 573-9602. 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 Connecticut. (60 FR 34879, July 5, 1995). Approval was effective on August 4, 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 Connecticut underground storage tank program. This codification reflects only the state underground storage tank program in effect at the time EPA granted Connecticut 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 Connecticut 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 Connecticut program and by amending the Code of Federal Regulations whenever a new or different set of requirements is approved in Connecticut, the status of federally approved requirements of the Connecticut program will be readily discernible. Only those provisions of the Connecticut 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 Connecticut's underground storage tank program, EPA has added Section 282.56 to Title 40 of the Code of Federal Regulations. Section 282.56 incorporates by reference for enforcement purposes the state's statutes and regulations. Section 282.56 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 Connecticut enforcement authorities will not be incorporated by reference. Forty CFR Section 282.56 lists those approved Connecticut authorities that would fall into this category. The public also needs to be aware that some provisions of Connecticut's underground storage tank program are not part of the federally approved state program. These include:Section 22a-449(d)-1, Control of the Nonresidential Underground Storage and Handling of Oil and Petroleum Liquids; and, Requirements, including those for registration and permanent closure, for tanks greater than 2,100 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 40 CFR part 282 or included as part of this codification. Included under CFR 282.56 for purposes of reference and clarity is a list of those Connecticut statutory and regulatory provisions which are ``broader in scope'' than the federal program. ``Broader in scope'' provisions cannot be enforced by EPA. The State, however, will continue to enforce such provisions. Certification Under the Regulatory Flexibility Act EPA has determined that this codification will not have a significant economic impact on a substantial number of small entities. Such small entities which own and/or operate USTs are already subject to the state requirements authorized by EPA under 40 CFR Part 281. EPA's codification does not impose any additional burdens on these small entities. This is because EPA's codification would simply result in an administrative change, rather than a change in the substantive requirements imposed on small entities. Moreover, this codification will eliminate any confusion that owners and operators of USTs in [State] may have regarding which set of requirements they must comply with in Connecticut. Therefore, EPA provides the following certification under the Regulatory Flexibility Act, as amended by the Small Business Regulatory Enforcement Fairness Act. Pursuant to the provision at 5 U.S.C. 605(b), I hereby certify that this codification will not have a significant economic impact on a substantial number of small entities. This codification incorporates Connecticut's requirements, which have been authorized by EPA under 40 CFR Part 281, into the Code of Federal Regulations, thereby eliminating any confusion over the applicable requirements for owners and operators of USTs in Connecticut. It does not impose any new burdens on small entities. This rule, therefore, does not require a regulatory flexibility analysis. Submission to Congress and the General Accounting Office Under section 801(a)(1)(A) of the Administrative Procedure Act (APA) as amended by the Small Business Regulatory Enforcement Fairness Act of 1996, EPA submitted a report containing this rule and other required information to the U.S. Senate, the U.S. House of [[Page 41509]] Representatives and the Comptroller General of the General Accounting Office prior to publication of the rule in today's Federal Register. This rule is not a ``major rule'' as defined by section 804(2) of the APA as amended. 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: May 10, 1996. 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. Subpart B--Approved State Programs 2. Subpart B is amended by adding Sec. 282.56 to read as follows: Sec. 282.56 Connecticut State-Administered Program. (a) The State of Connecticut 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 Connecticut Department of Environmental Protection, was approved by EPA pursuant to 42 U.S.C. 6991c and 40 CFR part 281. EPA approved the Connecticut program on June 27, 1995, and the approval was effective on August 4, 1995. (b) Connecticut 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, Connecticut 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 Connecticut 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) Connecticut has final approval for the following elements submitted to EPA in Connecticut's program application for final approval EPA and approved by EPA on June 27, 1995, effective on August 4, 1995. Copies may be obtained from the Underground Storage Tank Program, Connecticut Department of Environmental Protection, 79 Elm Street, Hartford, CT 06106. 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) Connecticut Statutory Requirements Applicable to the Underground Storage Tank Program, 1996. (B) Connecticut Regulatory Requirements Applicable to the Underground Storage Tank Program, 1996. (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: (1) Legal Authorities for Compliance Monitoring and Inspections. Connecticut General Statutes, Sections 22a-6(a)(5), 22a-336, 54-33a. (2) Legal Authorities for Enforcement Response. Connecticut 22a- 430(d), 22a-431, 22a-432, 22a-433, 22a-435, 22a-438, 52-471, 52-473, 52-474, 52-480 and 52-481. (3) Public Participation in the State Enforcement Process. Connecticut General Statutes, Sections 4-177a, 22a-6, 22a-16, 22a-18, 22a-19, 52-107, and 52-474. (B) Regulatory provisions include: Public Participation in the State Enforcement Process. (R.C.S.A.) Sections 22a-3a-6-(k). (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) Section 22a-449(d)-1 of the Regulations of Connecticut State Agencies for the Control of the Nonresidential Underground Storage and Handling of Oil and Petroleum Liquids; and (B) Requirements, including those for registration and permanent closure, for tanks greater than 2,100 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 Connecticut on December 21, 1994, though not incorporated by reference, is referenced as part of the State's approved underground storage tank program under Subtitle I of RCRA, 42 U.S.C. 6991 et seq. (ii) Letter from the Attorney General of Connecticut to EPA, December 21, 1994, though not incorporated by reference, is referenced as part of the State's 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 December 1994, though not incorporated by reference, is referenced as part of the State's 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 December 1994, 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 16, 1995, EPA and the Connecticut Department of Environmental Protection 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. [[Page 41510]] 3. Appendix A to 40 CFR part 282 is amended by adding in alphabetical order ``Connecticut'' and its listing as follows: Appendix A to Part 282--State Requirements Incorporated by Reference in Part 282 of the Code of Federal Regulations * * * * * Connecticut (a) The statutory provisions include Connecticut's General Statutes, Chapter 446k, Section 22a-449(d), Duties and Powers of Commissioner, January 1, 1995. (b) The regulatory provisions include Regulations of Connecticut State Agencies (``R.C.S.A.'') Sections 22a-449(d)-101 through 113, Underground Storage Tank System Management, July 28, 1994: Section 22a-449(d)-101 Technical Standards and Corrective Action Requirements for Owners and Operators of Underground Storage Tanks-- Program Scope and Interim Prohibition (a) Applicability of Sections 22a-449(d)-101 through 22a-449(d)- 113. (b) Interim Prohibition for deferred UST systems. (c) General. (d) Definition. Section 22a-449(d)-102 UST Systems: Design, Construction, Installation, and Notification (a) Performance standards for new UST systems. (b) Notification Requirements. Section 22a-449(d)-103 General Operating Requirements (a) Spill and overflow control. (b) Operating and maintenance of corrosion protection. (c) Compatibility. (d) Repairs allowed. (e) Reporting and recordkeeping. Section 22a-449(d)-104 Release Detection (a) General requirements for all UST systems. (b) Additional requirements. (c) Requirements for petroleum UST systems. (d) Requirements for hazardous substance UST systems. (e) Methods of release detection for tanks. (f) Methods of release detection for piping. (g) Release detection recordkeeping. Section 22a-449(d)-105 Release Reporting, Investigation, and Confirmation (a) Reporting of suspected releases. (b) Investigation due to off-site impacts. (c) Release investigation and confirmation steps. (d) Reporting and cleanup of spills and overfills. Section 22a-449(d)-106 Release Response and Corrective Action for UST Systems Containing Petroleum or Hazardous Substances (a) General. (b) Additional requirements. (c) Initial response. (d) Initial abatement measures and site check. (e) Initial site characterization. (f) Free product removal. (g) Investigations for soil and ground-water cleanup. (h) Corrective action plan. (i) Public participation. Section 22a-449(d)-107 Out-of-service UST Systems and Closure (a) Temporary closure. (b) Permanent closure. (c) Assessing the site at closure. (d) Applicability to previously closed UST systems. (e) Closure records. Section 22a-449(d)-108 Reserved Section 22a-449(d)-109 Financial Responsibility (a) Applicability. (b) Compliance dates. (c) Definition of terms. (d) Amount and scope of required financial responsibility. (e) Allowable mechanisms and combinations of mechanisms. (f) Financial test of self-insurance. (g) Guarantee. (h) Insurance risk retention group coverage. (i) Surety bond. (j) Letter of credit. (k) Use of state-required mechanism. (l) State fund and other state assurance. (m) Trust fund. (n) Standby trust fund. (o) Substitution of financial assurance mechanisms by owner or operator. (p) Cancellation or non-renewal by a provider of financial assurance. (q) Reporting by owner or operator. (r) Record keeping. (s) Drawing of financial assurance mechanisms. (t) Release from the requirements. (u) Bankruptcy or other incapacity of owner or operator or provider of financial assurance. (v) Replenishment of guarantees, letters of credit, or, surety bonds. (w) Suspension of enforcement [reserved]. (x) 40 CFR Part 280 Appendix I is incorporated by reference, in its entirety. (y) Appendix II to 40 CFR Part 280--List of Agencies Designed to Receive Notification. (z) Appendix III to 40 CFR Part 280--Statement for Shipping Tickets and Invoices. Section 22a-449(d)-110 UST system upgrading, abandonment and removal date (a) Petroleum UST system of which construction or installation began prior to November 1, 1985. (b) Hazardous substance UST system of which construction or installation began prior to December 22, 1988. (c) UST systems which comply with the standards specified in subsection 22a-449(d)-102(a) of these regulations. Section 22a-449(d)-111 Life Expectancy (a) How life expectancy determinations shall be conducted (b) Life expectancy shall be as follows: (c) The life expectancy of an UST system component. Section 22a-449(d)-112 UST System Location Transfer Section 22a-449(d)-113 Transfer of UST System Ownership, Possession, or Control (a) Disclosure to transferee. (b) Information submitted to the commissioner pursuant to section 22a-449(d)-102 of these regulations. [FR Doc. 96-20366 Filed 8-8-96; 8:45 am] BILLING CODE 6560-50-P