[Federal Register Volume 67, Number 19 (Tuesday, January 29, 2002)]
[Proposed Rules]
[Pages 4225-4227]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 02-2123]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 281

[FRL-7134-3]


South Carolina; Tentative Approval of State Underground Storage 
Tank Program

AGENCY: Environmental Protection Agency.

ACTION: Proposed rule; notice of tentative determination on application 
of state of South Carolina for final Approval, public hearing and 
public comment period.

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SUMMARY: The State of South Carolina has applied for approval of its 
underground storage tank program for petroleum and hazardous substances 
under Subtitle I of the Resource Conservation and Recovery Act (RCRA). 
The Environmental Protection Agency (EPA) has reviewed the South 
Carolina application and has made the tentative decision that South 
Carolina's underground storage tank program for petroleum and hazardous 
substances satisfies all of the requirements necessary to qualify for 
approval. The South Carolina application for approval is available for 
public review and comment. A public hearing will be held to solicit 
comments on the application, unless insufficient public interest is 
expressed.

DATES: A public hearing is scheduled for March 20, 2002, unless 
insufficient public interest is expressed. EPA reserves the right to 
cancel the public hearing if sufficient public interest is not 
communicated to EPA in writing by February 28, 2002. EPA will determine 
by March 5, 2002, whether there is significant interest to hold the 
public hearing. The State of South Carolina will participate in the 
public hearing held by EPA on this subject. Written comments on the 
South Carolina approval application, as well as requests to present 
oral testimony, must be received by the close of business on February 
28, 2002.

ADDRESSES: Copies of the South Carolina approval application are 
available at the following addresses for inspection and copying:

South Carolina Bureau of Underground Storage Tank Management, 2600 Bull 
Street, Columbia, South Carolina 29201-1708, Telephone: (803) 898-4350, 
8:00 am through 4:30 pm, Eastern Standard Time.
U.S. EPA Docket Clerk, Office of Underground Storage Tanks, c/o RCRA 
Information Center, 1235 Jefferson Davis Highway, Arlington, Virginia 
22202, Telephone: (703) 603-9231, 9:00 am through 4:00 pm, Eastern 
Standard Time; and,
U.S. EPA Region 4, Underground Storage Tank Section, Atlanta Federal 
Center, 61 Forsyth Street, S.W., Atlanta, Georgia 30303, Telephone: 
(404) 562-9277, 8:00 am through 4:30 pm, Eastern Standard Time.

    Written comments should be sent to Mr. John Mason, Chief of 
Underground Storage Tank Section, U.S. EPA Region 4, 61 Forsyth Street 
S.W., Atlanta, Georgia 30303, Telephone (404) 562-9441.
    Unless insufficient public interest is expressed, EPA will hold a 
public hearing on the State of South Carolina's application for program 
approval on March 20, 2002, at 5:30 pm, Eastern Standard Time, at the 
South Carolina Department of Health and Environmental Control, Peebles 
Auditorium, 2600 Bull Street, Columbia, South Carolina 29201-1708. 
Anyone who wishes to learn whether or not the public hearing on the 
State's application has been cancelled should telephone the following 
contacts after March 5, 2002:

Mr. John Mason, Chief, Underground Storage Tank Section, U.S. EPA 
Region 4, 61 Forsyth Street, S.W., Atlanta, Georgia 30303, Telephone: 
(404) 562-9441, or
Mr. Stanley L. Clark, Chief, South Carolina Bureau of Underground 
Storage Tank Management, 2600 Bull Street, Columbia, South Carolina 
29201-1708, Telephone: (802) 898-4350.

FOR FURTHER INFORMATION CONTACT: Mr. John Mason, Chief, Underground 
Storage Tank Section, U.S. EPA Region 4, Atlanta Federal Center, 61 
Forsyth Street S.W., Atlanta, Georgia 30303, Telephone: (404) 562-9441.

SUPPLEMENTARY INFORMATION:

I. 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. Program approval may be granted by EPA pursuant to RCRA 
section 9004(b), if the Agency finds that the State program: (1) Is 
``no less stringent'' than the Federal program for the seven elements 
set forth at RCRA section 9004(a)(1) through (7); (2) includes the 
notification requirements of RCRA section 9004(a)(8); and (3) provides 
for adequate enforcement of compliance with UST standards of RCRA 
section 9004(a). Note that RCRA sections 9005 (on information-
gathering) and 9006 (on federal enforcement) by their terms apply even 
in states with programs approved by EPA under RCRA section 9004. Thus, 
the Agency retains its authority under RCRA sections 9005 and 9006, 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, the Agency will 
rely on federal sanctions, federal inspection authorities, and federal 
procedures rather than the state authorized analogues to these 
provisions.

II. South Carolina

    The State of South Carolina submitted their draft state program 
approval application to EPA by letter dated August 29, 1996. After 
reviewing the package, EPA submitted comments to the state for review. 
South Carolina submitted their complete state program approval 
application for EPA's tentative approval on January 7, 1999. Technical 
issues prevented EPA from accepting the final application until the 
FY2000 South Carolina legislative session rectified certain legal 
points.
    South Carolina adopted Underground Storage Tank Control Regulations 
that became effective on May 24, 1985. On

[[Page 4226]]

March 23, 1990, the South Carolina General Assembly promulgated 
regulations for the operation and management of USTs and piping 
pursuant to the State Underground Petroleum Environmental Response Bank 
(SUPERB) Act. These regulations replaced the 1985 Underground Storage 
Tank Control Regulations. EPA has reviewed the South Carolina 
application, and has tentatively determined that the State's UST 
program for petroleum and hazardous substances meets all of the 
requirements necessary to qualify for final approval.
    EPA will hold a public hearing on its tentative decision on March 
20, 2002, unless insufficient public interest is expressed. The public 
may also submit written comments on EPA's tentative determination until 
February 28, 2002. Copies of the South Carolina application are 
available for inspection and copying at the locations indicated in the 
ADDRESSES section of this document.
    EPA will consider all public comments on its tentative 
determination received at the hearing, or received in writing during 
the public comment period. Issues raised by those comments may be the 
basis for a decision to deny final approval to South Carolina. EPA 
expects to make a final decision on whether or not to approve South 
Carolina's program within 60 days of the close of the public comment 
period, and will give notice of it in the Federal Register. EPA's final 
decision will include a summary of the reasons for the final 
determination and a response to all major comments.

III. Administrative Requirements

Unfunded Mandates Reform Act

    Title II of the Unfunded Mandates Reform Act of 1995 (UMRA), Public 
Law 104-4, establishes requirements for Federal agencies to assess the 
effects of their regulatory actions on State, local, and tribal 
governments and the private sector. Under section 202 of the UMRA, EPA 
generally must prepare a written statement, including a cost-benefit 
analysis, for proposed and final rules with ``Federal mandates'' 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.
    Before promulgating an EPA rule for which a written statement is 
needed, section 205 of the UMRA generally requires EPA to identify and 
consider a reasonable number of regulatory alternatives and adopt the 
least costly, most cost-effective or least burdensome alternative that 
achieves the objectives of the rule. The provisions of section 205 do 
not apply when they are inconsistent with applicable law. Moreover, 
section 205 allows EPA to adopt an alternative other than the least 
costly, most cost-effective or least burdensome alternative if the 
Administrator publishes with the final rule an explanation why that 
alternative was not adopted. Before EPA establishes any regulatory 
requirements that may significantly or uniquely affect small 
governments, including tribal governments, it must have developed under 
section 203 of the UMRA a small government agency plan. The plan must 
provide for notifying potentially affected small governments, enabling 
officials of affected small governments to have meaningful and timely 
input in the development of EPA regulatory proposals with significant 
Federal intergovernmental mandates, and informing, educating, and 
advising small governments on compliance with the regulatory 
requirements.
    Today's rule contains no Federal mandates (under the regulatory 
provisions of Title II of the UMRA) for State, local or tribal 
governments or the private sector. The UMRA generally excludes from the 
definition of ``Federal intergovernmental mandate'' duties that arise 
from participation in a voluntary Federal program. South Carolina's 
participation in EPA's state program approval process under RCRA 
Subtitle I is voluntary. Thus, today's rule is not subject to the 
requirements of sections 202 and 205 of the UMRA.
    In addition, EPA has determined that this rule contains no 
regulatory requirements that might significantly or uniquely affect 
small governments. Although small governments may own and/or operate 
underground storage tanks, they are already subject to the regulatory 
requirements under the existing State requirements that EPA is now 
approving and, thus, are not subject to any additional significant or 
unique requirements by virtue of this action. Thus, the requirements of 
section 203 of the UMRA also do not apply to today's rule.

Reagulatory Flexibility Act (RFA) (as Amended by the Small Business 
Reagulatory Enforcement Fairness Act of 1996 (SBREFA), 5 U.S.C. 601 et 
seq.)

    The RFA generally requires an agency to prepare a regulatory 
flexibility analysis of any rule subject to notice and comment 
rulemaking requirements under the Administrative Procedure Act or any 
other statute unless the agency certifies that the rule will not have a 
significant economic impact on a substantial number of small entities. 
Small entities include small businesses, small organizations, and small 
governmental jurisdictions.
    For purposes of assessing the impacts of today's action on small 
entities, small entity is defined as: (1) A small business as specified 
in the Small Business Administration regulations; (2) a small 
governmental jurisdiction that is a government of a city, county, town, 
school district or special district with a population of less than 
50,000; and (3) a small organization that is any not-for-profit 
enterprise which is independently owned and operated and is not 
dominant in its field.
    After considering the economic impacts of this action on small 
entities, I certify that this action will not have a significant 
economic impact on a substantial number of small entities. This action 
does not impose any new requirements on small entities because small 
entities that own and/or operate underground storage tanks are already 
subject to the State underground storage tank requirements which EPA is 
now approving. This action merely approves for the purpose of RCRA 
section 9004 those existing State requirements.

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.

Submission to Congress and the Comptroller General

    The Congressional Review Act, 5 U.S.C. 801 et seq., as added by the 
Small Business Regulatory Enforcement Fairness Act of 1996, generally 
provides that before a rule may take effect, the agency promulgating 
the rule must submit a rule report, which includes a copy of the rule, 
to each House of the Congress and to the Comptroller General of the 
United States. The EPA will submit 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 United States 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).

Compliance With Executive Order 13045 (Children's Health)

    Executive Order 13045, ``Protection of Children from Environmental 
Health Risks and Safety Risks,'' applies to any rule that: (1) The 
Office of Management and Budget determines is ``economically 
significant'' as defined under Executive Order 12866, and (2) concerns 
an environmental health or safety risk that

[[Page 4227]]

EPA has reason to believe may have a disproportionate effect on 
children. If the regulatory action meets both criteria, the Agency must 
evaluate the environmental health or safety effects of the planned rule 
on children and explain why the planned regulation is preferable to 
other potentially effective and reasonably feasible alternatives 
considered by the Agency.
    EPA interprets Executive Order 13045 as applying only to those 
regulatory actions that are based on health or safety risks, such that 
the analysis required under section 5-501 of the Order has the 
potential to influence the regulation. This rule is not subject to 
Executive Order 13045 because it approves a state program.

Compliance With Executive Order 13132 (Federalism)

    Executive Order 13132, entitled ``Federalism'' (64 FR 43255, August 
10, 1999), requires EPA to develop an accountable process to ensure 
``meaningful and timely input by State and local officials in the 
development of regulatory policies that have federalism implications.'' 
``Policies that have federalism implications'' is defined in the 
Executive Order to include regulations that have ``substantial direct 
effects on the States, on the relationship between the national 
government and the States, or on the distribution of power and 
responsibilities among the various levels of government.''
    Under section 6 of Executive Order 13132, EPA may not issue a 
regulation that has federalism implications, that imposes substantial 
direct compliance costs, and that is not required by statute, unless 
the Federal government provides the funds necessary to pay the direct 
compliance costs incurred by State and local governments, or EPA 
consults with State and local officials early in the process of 
developing the proposed regulation. EPA also may not issue a regulation 
that has federalism implications and that preempts State law unless the 
Agency consults with State and local officials early in the process of 
developing the proposed regulation.
    This action does not have federalism implications. It will not have 
a substantial direct effect on States, on the relationship between the 
national government and the States, or on the distribution of power and 
responsibilities among the various levels of government, as specified 
in Executive Order 13132, because it affects only one State. This 
action simply provides EPA approval of South Carolina's voluntary 
proposal for its State underground storage tank program to operate in 
lieu of the Federal underground storage tank program in that State. 
Thus, the requirements of section 6 of the Executive Order do not 
apply.

Compliance With Executive Order 13175 (Consultation and Coordination 
With Indian Tribal Governments)

    Executive Order 13175, entitled ``Consultation and Coordination 
with Indian Tribal Governments'' (65 FR 67249, November 6, 2000), 
requires EPA to develop an accountable process to ensure ``meaningful 
and timely input by tribal officials in the development of regulatory 
policies that have tribal implications.'' ``Policies that have tribal 
implications'' is defined in the Executive Order to include regulations 
that have ``substantial direct effects on one or more Indian tribes, on 
the relationship between the Federal government and the Indian tribes, 
or on the distribution of power and responsibilities between the 
federal government and Indian tribes.''
    This rule does not have tribal implications. It will not have 
substantial direct effects on tribal governments, on the relationship 
between the Federal government and Indian tribes, or on the 
distribution of power and responsibilities between the Federal 
government and Indian tribes, as specified in Executive Order 13175. 
South Carolina is not approved to implement the RCRA underground 
storage tank program in Indian country. This action has no effect on 
the underground storage tank program that EPA implements in the Indian 
country within the State. Thus, Executive Order 13175 does not apply to 
this rule.

Executive Order 13211 (Energy Effects)

    This rule is not subject to Executive Order 13211, ``Actions 
Concerning Regulations That Significantly Affect Energy Supply, 
Distribution, or Use'' (66 FR 28355 (May 22, 2001)) because it is not a 
significant regulatory action under Executive Order 12866.

National Technology Transfer and Advancement Act

    Section 12(d) of the National Technology Transfer and Advancement 
Act of 1995 (``NTTAA''), Public Law 104-113, 12(d) (15 U.S.C. 272 note) 
directs EPA to use voluntary consensus standards in its regulatory 
activities unless to do so would be inconsistent with applicable law or 
otherwise impractical. Voluntary consensus standards are technical 
standards (e.g., materials specifications, test methods, sampling 
procedures, and business practices) that are developed or adopted by 
voluntary consensus standards bodies. The NTTAA directs EPA to provide 
Congress, through OMB, explanations when the Agency decides not to use 
available and applicable voluntary consensus standards.
    This action does not involve technical standards. Therefore, EPA is 
not considering the use of any voluntary consensus standards.

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 rule or a final rule. This rule will 
not impose any information requirements upon the regulated community.

List of Subjects in 40 CFR Part 281

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

    Authority: This document is issued under the authority of 
section 9004 of the Solid Waste Disposal Act as amended 42 U.S.C. 
6912(a), 6926, 6974(b).

    Dated: January 11, 2002.
A. Stanley Meiburg,
Acting Regional Administrator, Region 4.
[FR Doc. 02-2123 Filed 1-28-02; 8:45 am]
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