[Federal Register Volume 61, Number 189 (Friday, September 27, 1996)]
[Rules and Regulations]
[Pages 50720-50721]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-24585]


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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 281

[FRL-5614-6]


Delaware; Final Approval of State Underground Storage Tank 
Program

AGENCY: Environmental Protection Agency.

ACTION: Notice of final determination on Delaware's application for 
program approval.

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SUMMARY: The State of Delaware has applied for approval of its 
underground storage tank program under Subtitle I of the Resource 
Conservation and Recovery Act (RCRA). The Environmental Protection 
Agency (EPA) has reviewed the State of Delaware's application and has 
made a final determination that the State of Delaware's underground 
storage tank program satisfies all of the requirements necessary to 
qualify for approval. Thus, EPA is granting final approval to the State 
of Delaware to operate its program.

EFFECTIVE DATE: Program approval for Delaware shall be effective on 
October 28, 1996.

FOR FURTHER INFORMATION CONTACT: Joanne T. Cassidy, State Programs 
Branch (3HW60), U.S. EPA Region III, 841 Chestnut Building, 
Philadelphia, Pennsylvania 19107, (215) 566-3381.

SUPPLEMENTARY INFORMATION:

A. Background

    Section 9004 of the Resource Conservation and Recovery Act (RCRA) 
authorizes EPA to approve State underground storage tank programs to 
operate in the State in lieu of the Federal underground storage tank 
(UST) program. To qualify for approval, a State's program must be ``no 
less stringent'' than the Federal program in all seven elements set 
forth at section 9004(a) (1) through (7) of RCRA, 42 U.S.C. 6991c(a) 
(1) through (7), as well as the notification requirements of section 
9004(a)(8) of RCRA, 42 U.S.C. 6991c(a)(8) and must provide for adequate 
enforcement of compliance with UST standards (section 9004(a) of RCRA, 
42 U.S.C. 6991c(a)).
    On November 20, 1995, the State of Delaware submitted an official 
application for approval to administer its underground storage tank 
program. On August 5, 1996, EPA published a tentative decision 
announcing its intent to approve Delaware's program. Further background 
on the tentative decision to grant approval appears at 61 FR 40592, 
(August 5, 1996).
    Along with the tentative determination, EPA announced the 
availability of the application for public comment and the date of a 
public hearing on the application. EPA requested advance notice for 
testimony and reserved the right to cancel the public hearing in the 
event of insufficient public interest. Since there was no request, the 
public hearing was cancelled.

B. Final Decision

    I conclude that the State of Delaware's application for program 
approval meets all of the statutory and regulatory requirements 
established by Subtitle I of RCRA and 40 CFR Part 281. Accordingly, 
Delaware is granted approval to operate its underground storage tank 
program in lieu of the Federal program.

Compliance With Executive Order 12866

    The Office of Management and Budget has exempted this action from 
the requirements of Section 6 of Executive Order 12866.

Unfunded Mandates Reform Act

    Title II of the Unfunded Mandates Reform Act of 1995 (UMRA), P.L. 
104-4, establishes requirements for Federal agencies to assess the 
effects of certain regulatory actions on State, local, and tribal 
governments and the private sector. Under sections 202 and 205 of the 
UMRA, EPA generally must prepare a written statement of economic and 
regulatory alternatives analyses for proposed and final rules with 
Federal mandates, as defined by the UMRA, that may result in 
expenditures to State, local, and tribal governments, in the aggregate, 
or to the private sector, of $100 million or more in any one year. The 
section 202 and 205 requirements do not apply to today's action because 
it is not a ``Federal mandate'' and because it does not impose annual 
costs of $100 million or more.
    Today's rule contains no Federal mandates for State, local or 
tribal governments or the private sector for two reasons. First, 
today's action does not impose new or additional

[[Page 50721]]

enforceable duties on any State, local or tribal governments or the 
private sector because the requirements of the Delaware program are 
already imposed by the State and subject to State law. Second, the Act 
also generally excludes from the definition of a ``Federal mandate'' 
duties that arise from participation in a voluntary Federal program. 
Delaware's participation in an authorized UST program is voluntary.
    Even if today's rule did contain a Federal mandate, this rule will 
not result in annual expenditures of $100 million or more for State, 
local, and/or tribal governments in the aggregate, or the private 
sector. Costs to State, local and/or tribal governments already exist 
under the Delaware program, and today's action does not impose any 
additional obligations on regulated entities. In fact, EPA's approval 
of state programs generally may reduce, not increase, compliance costs 
for the private sector.
    The requirements of section 203 of UMRA also do not apply to 
today's action. Before EPA establishes any regulatory requirements that 
may significantly or uniquely affect small governments, including 
tribal governments, section 203 of the UMRA requires EPA to develop a 
small government agency plan. This rule contains no regulatory 
requirements that might significantly or uniquely affect small 
governments. The Agency recognizes that although small governments may 
own and/or operate USTs, they are already subject to the regulatory 
requirements under existing State law which are being authorized by 
EPA, and, thus, are not subject to any additional significant or unique 
requirements by virtue of this program approval.

Certification Under the Regulatory Flexibility Act

    EPA has determined that this authorization 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 regulatory requirements under existing State law which are being 
authorized by EPA. EPA's authorization does not impose any additional 
burdens on these small entities. This is because EPA's authorization 
would simply result in an administrative change, rather than a change 
in the substantive requirements imposed on these small entities.
    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 authorization will not have a significant 
economic impact on a substantial number of small entities. This 
authorization approves regulatory requirements under existing State law 
to which small entities are already subject. 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 5 U.S.C. 801(a)(1)(A) as added 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 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 5 
U.S.C. 804(2).

List of Subjects in 40 CFR Part 281

    Environmental protection, Administrative practice and procedure, 
Hazardous materials, State program approval, and Underground storage 
tanks.

    Authority: This notice is issued under the authority of Section 
9004 of the Resource Conservation and Recovery Act, as amended, 42 
U.S.C. 6991c.

    Dated: September 13, 1996.
Stanley L. Laskowski,
Regional Administrator.
[FR Doc. 96-24585 Filed 9-26-96; 8:45 am]
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