[Federal Register Volume 68, Number 2 (Friday, January 3, 2003)]
[Proposed Rules]
[Pages 329-331]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 03-34]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 281

[FRL-7434-2]


Pennsylvania Approval of Underground Storage Tank Program

AGENCY: Environmental Protection Agency.

ACTION: Proposed rule; notice of tentative determination on 
Pennsylvania's application for approval of its Underground Storage Tank 
Program, public hearing and public comment period.

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SUMMARY: The Commonwealth of Pennsylvania (Commonwealth or State) has 
applied for approval of its underground storage tank (UST) program 
under subtitle I of the Resource Conservation and Recovery Act (RCRA). 
The Environmental Protection Agency (EPA) has reviewed the State's 
application and has made the tentative determination that the State's 
UST program satisfies all of the requirements necessary to qualify for 
approval. The State's 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: Unless insufficient public interest is expressed in holding a 
hearing, a public hearing will be held on February 19, 2003. However, 
EPA reserves the right to cancel the public hearing if sufficient 
public interest in a hearing is not communicated to EPA in writing by 
February 13, 2003. EPA will determine by February 14, 2003, whether 
there is sufficient interest to warrant a public hearing. The State 
will participate in any public hearing held by EPA on this subject. All 
written comments on the State's application for program approval must 
be received by February 13, 2003.

ADDRESSES: Copies of the State's application for program approval are 
available between 8:30 a.m. to 4 p.m. at the following locations for 
inspection and copying:

Location: Pennsylvania Department of Environmental Protection, Division 
of

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Storage Tanks, Rachel Carson State Office Building, 400 Market Street, 
Harrisburg, Pennsylvania.
Contact: James C. Adair, Telephone: (717) 772-5551.
Location: Pennsylvania Department of Environmental Protection, 
Southwest Regional Office, Central Services, 400 Waterfront Drive, 
Pittsburgh, Pennsylvania.
Contact: Edward Duval, Telephone: (412) 442-4000.
Location: United State Environmental Protection Agency, Region III, 
Library, 1650 Arch Street, Philadelphia, Pennsylvania. Telephone: (215) 
814-5254.

    Written comments should be sent to Carletta Parlin, Program 
Manager, RCRA State Programs Branch, Waste & Chemicals Management 
Division (3WC21), U.S. EPA Region III, 1650 Arch Street, Philadelphia, 
Pennsylvania 19103-2029, telephone: (215) 814-3380. Comments may also 
be submitted electronically through the Internet to: 
[email protected] or by facsimile at (215) 814-3163.
    Unless insufficient public interest is expressed, EPA will hold a 
public hearing on the State's application for program approval on 
February 19, 2003, at 7 p.m. at the United States Environmental 
Protection Agency, 1650 Arch Street, 2nd Floor, Joan Goodis Room, 
Philadelphia, Pennsylvania.
    It is EPA's policy to make reasonable accommodation to persons with 
disabilities wishing to participate in the Agency's programs and 
activities, pursuant to the Rehabilitation Act of 1973, 29 U.S.C. 791, 
et seq. Any request for accommodation should be made to Carletta 
Parlin, preferably a minimum of two weeks in advance of the public 
hearing date, so that EPA will have sufficient time to process the 
request.
    Anyone who wishes to learn whether or not the public hearing on the 
Commonwealth's application has been cancelled should telephone the EPA 
Program Manager, Carletta Parlin, at (215) 814-3380 on February 14, 
2003.

FOR FURTHER INFORMATION CONTACT: Carletta Parlin, RCRA State Programs 
Branch (3WC21), U.S. EPA Region III, 1650 Arch Street, Philadelphia, 
Pennsylvania 19103-2029, telephone: (215) 814-3380. Also, a copy of a 
fact sheet on today's action is available on the EPA Web Site at 
www.epa.gov/reg3wcmd/public_notices.htm.

SUPPLEMENTARY INFORMATION:

A. Background

    Section 9004 of the Resource Conservation and Recovery Act (RCRA), 
42 U.S.C. 6991c, authorizes EPA to approve state underground storage 
tank programs to operate in lieu of the Federal UST program. EPA may 
approve a State program if the Agency finds pursuant to RCRA section 
9004(b), 42 U.S.C. 6991c(b), that the state's program is ``no less 
stringent'' than the Federal program in all seven elements set forth at 
RCRA section 9004(a) (1) through (7), 42 U.S.C. 6991c(a) (1) through 
(7), meets the notification requirements of RCRA section 9004(a)(8), 42 
U.S.C. 6991c(a)(8), and also provides for adequate enforcement of 
compliance with UST standards in accordance with RCRA section 9004(a), 
42 U.S.C. 6991c(a).

B. Pennsylvania

    The Pennsylvania Department of Environmental Protection (PADEP) is 
the implementing agency for UST activities in the State. PADEP's 
Underground Storage Tank Program is dedicating a substantial effort to 
prevent, control and remediate UST-related contamination. PADEP's 
Underground Storage Tank Program maintains a strong field presence and 
works closely with the regulated community to ensure compliance with 
regulatory requirements.

C. Where Are the State Rules Different From the Federal Rules?

    The Commonwealth's regulations contain several requirements that 
are broader in scope than the Federal program which are not part of the 
program being authorized by today's action. EPA cannot enforce these 
broader in scope requirements. Although compliance with these 
provisions is required under Commonwealth law, they are not RCRA 
requirements. Such provisions include, but are not limited to, the 
following:
    (1) Unlike the Federal program, Pennsylvania's program includes a 
definition of, and imposes obligations on, a ``responsible party.'' To 
the extent that Pennsylvania's definition of a ``responsible party'' 
includes entities that go beyond the owner and operator of an UST, it 
is in this respect, broader in scope than the Federal program.
    (2) Unlike the Federal program, the Commonwealth's statute 
establishes a certification program for installers of underground 
storage tanks. In this respect, the Commonwealth's program is broader 
in scope than the Federal program.
    (3) Pennsylvania's regulations require a person to obtain a ``Site 
Specific Installation Permit'' from PADEP prior to installing a field-
constructed UST. Additionally, these systems need a ``General Operating 
Permit.'' Because the Federal program does not require any type of 
permit for tank installations or operations, the Commonwealth's 
program, in this respect, is broader in scope.
    (4) Under Pennsylvania's regulations, underground storage tank 
owners or operators must have their underground storage tank facilities 
inspected by a state-certified inspector at the frequency established 
by Pennsylvania's regulations. The Federal regulations do not require 
third-party inspections, nor do they provide for a certified inspector 
program; therefore, in this regard, the Commonwealth's program is 
broader in scope than the Federal program.
    (5) Unlike the Federal program, section 1311 (``Presumption'') of 
Pennsylvania's Storage Tank and Spill Prevention Act establishes a 
rebuttable presumption that a person who owns or operates a storage 
tank shall be liable, without proof of fault, for all damages, 
contamination or pollution within 2,500 feet of the perimeter of the 
site of an UST that contained a regulated substance of the type which 
caused the damage, contamination or pollution. This provision of 
Pennsylvania's program is broader in scope than the Federal program.
    The Pennsylvania Department of Environmental Protection submitted 
to EPA a final application for approval on November 25, 2002. Prior to 
its submission, the State provided an opportunity for public notice and 
comment in the development of its underground storage tank program, as 
required by 40 CFR 281.50(b). EPA has reviewed the State's application, 
and has tentatively determined that the State's program meets all of 
the requirements necessary to qualify for final approval. However, EPA 
intends to review all timely public comments prior to making a final 
decision on whether to grant approval to the State to operate its 
program in lieu of the Federal program.
    In accordance with section 9004 of RCRA, 42 U.S.C. 6991c, and 40 
CFR 281.50(e), the Agency will hold a public hearing on its tentative 
determination on February 19, 2003, at 7 p.m. at the United States 
Environmental Protection Agency, Region III, 1650 Arch Street, 
Philadelphia, Pennsylvania, unless insufficient public interest is 
expressed. The public may also submit written comments on EPA's 
tentative determination until February 13, 2003. Copies of the State's 
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 public hearing, if a

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hearing is held, and during the public comment period. Issues raised by 
those comments may be the basis for a decision to deny approval to the 
State. EPA will give notice of its final decision in the Federal 
Register; the notice will include a summary of the reasons for the 
final determination and a response to all significant comments.

Statutory and Executive Order Reviews

    This proposed rule will only approve State underground storage tank 
requirements pursuant to RCRA section 9004 and imposes no requirements 
other than those imposed by State law (see SUPPLEMENTARY INFORMATION, 
section A. Background). Therefore, this proposed rule complies with 
applicable executive orders and statutory provisions as follows:
    1. Executive Order 12866: Regulatory Planning Review--The Office of 
Management and Budget has exempted this proposed rule from its review 
under Executive Order 12866. 2. Paperwork Reduction Act--This proposed 
rule will not impose an information collection burden under the 
Paperwork Reduction Act. 3. Regulatory Flexibility Act--After 
considering the economic impacts of today's proposed rule on small 
entities under the Regulatory Flexibility Act, I certify that this 
proposed rule will not have a significant economic impact on a 
substantial number of small entities. 4. Unfunded Mandates Reform Act--
Because this proposed rule approves pre-existing requirements under 
state law and does not impose any additional enforceable duty beyond 
that required by state law, it does not contain any unfunded mandate or 
significantly or uniquely affect small governments, as described in the 
Unfunded Mandates Reform Act. 5. Executive Order 13132: Federalism--
Executive Order 13132 does not apply to this proposed rule because it 
will not have federalism implications (i.e., 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). 6. Executive Order 13175: 
Consultation and Coordination with Indian Tribal Governments--Executive 
Order 13175 does not apply to this proposed rule because it will not 
have tribal implications (i.e., substantial direct effects on one or 
more Indian tribes, 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). 7. Executive Order 
13045: Protection of Children from Environmental Health & Safety 
Risks--This proposed rule is not subject to Executive Order 13045 
because it is not economically significant and it is not based on 
health or safety risks. 8. Executive Order 13211: Actions that 
Significantly Affect Energy Supply, Distribution, or Use--This proposed 
rule is not subject to Executive Order 13211 because it is not a 
significant regulatory action as defined in Executive Order 12866. 9. 
National Technology Transfer Advancement Act--EPA approves State 
programs as long as they meet criteria required by RCRA, so it would be 
inconsistent with applicable law for EPA, in its review of a State 
program, to require the use of any particular voluntary consensus 
standard in place of another standard that meets the requirements of 
RCRA. Thus, section 12(d) of the National Technology Transfer and 
Advance Act does not apply to this proposed rule.

List of Subjects in 40 CFR Part 281

    Environmental protection, Administrative practice and procedures, 
Hazardous substances, Intergovernmental relations, Reporting and 
recordkeeping requirements.

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

    Dated: December 20, 2002.
Donald S. Welsh,
Regional Administrator, Region III.
[FR Doc. 03-34 Filed 1-2-03; 8:45 am]
BILLING CODE 6560-50-P