[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