[Federal Register Volume 62, Number 184 (Tuesday, September 23, 1997)]
[Rules and Regulations]
[Pages 49620-49621]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-25132]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 281

[FRL-5896-7]


West Virginia; Final Approval of State Underground Storage Tank 
Program

AGENCY: Environmental Protection Agency (EPA).

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

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SUMMARY: The State of West Virginia 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 West Virginia's application and 
has made a final determination that the State of West Virginia'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 West Virginia to operate its program.

EFFECTIVE DATES: Program approval for West Virginia shall be effective 
on October 23, 1997.

FOR FURTHER INFORMATION CONTACT: Joanne 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 July 7, 1997, the State of West Virginia submitted an official 
application for approval to administer its underground storage tank 
program. On August 1, 1997, EPA published a tentative determination 
announcing its intent to approve the District's program. Further 
background on the tentative decision to grant approval appears at 62 FR 
41326, (August 1, 1997).
    Along with the tentative determination, EPA announced the 
availability of the application for public review and comment, and the 
date of a tentative public hearing on the application and EPA's 
tentative determination. EPA requested advance notice for testimony and 
reserved the right to cancel the public hearing in the event of 
insufficient public interest. Since there were no requests to hold a 
public hearing, it was cancelled.

B. Final Decision

    I conclude that the State of West Virginia'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, the 
State of West Virginia 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 enforceable duties on 
any State, local or tribal governments or the private sector because 
the requirements of the West Virginia program are already imposed

[[Page 49621]]

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. West Virginia'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 West Virginia 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, 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

    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 15, 1997.
W. Michael McCabe,
Regional Administrator.
[FR Doc. 97-25132 Filed 9-22-97; 8:45 am]
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