[Federal Register Volume 69, Number 87 (Wednesday, May 5, 2004)]
[Proposed Rules]
[Pages 25053-25055]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 04-10214]



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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 281

[FRL-7656-7]


Missouri: Tentative Approval of Missouri Underground Storage Tank 
Program

AGENCY: Environmental Protection Agency (EPA).

ACTION: Proposed rule; tentative determination on application of State 
of Missouri for final approval; public comment period.

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SUMMARY: Missouri has applied to EPA for final approval of its 
underground storage tank (UST) program under Subtitle I of the Resource 
Conservation and Recovery Act (RCRA). EPA has reviewed the Missouri 
application and has made a tentative determination that Missouri's UST 
program satisfies all of the requirements necessary to qualify for 
final approval. Thus, by this proposed rule, EPA is providing notice 
that EPA intends to grant final approval to Missouri to operate its UST 
program in lieu of the Federal program. Missouri's application for 
approval is available for public review and comment. A public hearing 
will be held to solicit comments on the application, if significant 
public interest is expressed.

DATES: Comments must be received on or before June 4, 2004.

ADDRESSES: Send written comments to Linda Garwood, EPA Region 7, ARTD/
STOP, 901 North 5th Street, Kansas City, Kansas 66101. Comments may 
also be submitted electronically, or through hand delivery/courier. 
Please follow the detailed instructions described in Part (III) (B) (1) 
(i) through (iii) of the SUPPLEMENTARY INFORMATION section.

FOR FURTHER INFORMATION CONTACT: Linda Garwood at (913) 551-7268, or by 
e-mail at [email protected].

SUPPLEMENTARY INFORMATION:

I. Background

    Subtitle I of the Resource Conservation and Recovery Act (RCRA), as 
amended, requires that EPA develop standards for Underground Storage 
Tanks (UST) systems as may be necessary to protect human health and the 
environment, and procedures for approving state programs in lieu of the 
Federal program. EPA promulgated state program approval procedures at 
40 CFR part 281. Program approval may be granted by EPA pursuant to 
RCRA section 9004(b), if the Agency finds that the state program is 
``no less stringent'' than the Federal program for the seven elements 
set forth at RCRA section 9004(a)(1) through (7); includes the 
notification requirements of RCRA section 9004(a)(8); and provides for 
adequate enforcement of compliance with UST standards of RCRA section 
9004(a). Note that RCRA sections 9005 (information-gathering) and 9006 
(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. Missouri UST Program

    The Missouri Department of Natural Resources (MDNR) is the lead 
implementing agency for the UST program in Missouri. MDNR has broad 
statutory authority to regulate UST releases under Sections 260.500 
through 260.550 of the Revised Statutes of Missouri (RSMo.) and more 
specific authority to regulate the installation, operation, 
maintenance, and closure of USTs under sections 319.100 through 
319.139, RSMo., the Missouri UST Law. Additional authorities, in 
particular the appeals process through the Missouri Clean Water 
Commission, are found at Chapter 644, RSMo., the Missouri Clean Water 
Law.
    The State of Missouri submitted a state program approval 
application to EPA by letter dated July 28, 2003. EPA evaluated the 
information provided and determined the application package met all 
requirements for a complete program application. On December 11, 2003, 
EPA notified Missouri that the application package was complete.
    Included in the state's Application is an Attorney General's 
statement. The Attorney General's statement provides an outline of the 
state's statutory and regulatory authority and details concerning areas 
where the state program is broader in scope or more stringent than the 
Federal program. Also included was a transmittal letter from the 
Governor of Missouri requesting program approval, a description of the 
Missouri UST program, a demonstration of Missouri's procedures to 
ensure adequate enforcement, a Memorandum of Agreement outlining the 
roles and responsibilities of EPA and the Missouri Department of 
Natural Resources, and copies of all applicable state statutes and 
regulations. EPA has reviewed the application and supplementary 
materials, and has tentatively determined that the State's UST program 
meets all of the requirements necessary to qualify for final approval.
    Specifically, the Missouri UST program has requirements that are no 
less stringent than the Federal requirements at 40 CFR 281.30 New UST 
system design, construction, installation, and notification; 40 CFR 
281.31 Upgrading existing UST systems; 40 CFR 281.32 General operating 
requirements; 40 CFR 281.33 Release detection; 40 CFR 281.34 Release 
reporting, investigation, and confirmation; 40 CFR 281.35 Release 
response and corrective action; 40 CFR 281.36 Out-of-service UST 
systems and closure; 40 CFR 281.37 Financial responsibility for UST 
systems containing petroleum; and 40 CFR 281.39 Lender Liability.
    Additionally, the Missouri UST program has adequate enforcement of 
compliance, as described at 40 CFR 281.40 Requirements for compliance 
monitoring program and authority; 40 CFR 281.41 Requirements for 
enforcement authority; 40 CFR 281.42 Requirements for public 
participation; and 40 CFR 281.43 Sharing of information.

III. General Information

A. How Can I Get Copies of This Document and Other Related Information?

    1. A copy of Missouri's application is available for review at EPA 
Region 7, Library, 901 N. 5th Street, Kansas City, KS 66101. EPA 
requests that, if at all possible, you contact the contact listed in 
the FOR FURTHER INFORMATION CONTACT section to schedule your review. 
The Regional Office's official hours of business are Monday through 
Friday, 8 to 4:30, excluding Federal holidays.
    2. Copies of the state submittal are also available during normal 
business hours at the following addresses: The U.S. EPA Docket Clerk, 
Office of Underground Storage Tanks, c/o RCRA Information Center, 1235 
Jefferson Davis Highway, Arlington, Virginia 22202, telephone (703) 
603-9230, and at the Missouri Department of Natural Resources, P.O. Box 
176, Jefferson City, Missouri 65102, telephone (573) 751-2058.
    3. Electronic Access. You may access this Federal Register document 
electronically through the Regulations.gov Web site located at

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http://www.regulations.gov where you can find, review, and submit 
comments on Federal rules that have been published in the Federal 
Register, the Government's legal newspaper, and are open for comment.
    For public commenters, it is important to note that EPA's policy is 
that public comments, whether submitted electronically or in paper, 
will be made available for public viewing at the EPA Regional Office, 
as EPA receives them and without change, unless the comment contains 
copyrighted material, CBI, or other information whose disclosure is 
restricted by statute. When EPA identifies a comment containing 
copyrighted material, EPA will provide a reference to that material in 
the version of the comment that is placed in the official public 
rulemaking file. The entire printed comment, including the copyrighted 
material, will be available at the Regional Office for public 
inspection.

B. How and To Whom Do I Submit Comments?

    You may submit comments electronically, by mail, or through hand 
delivery/courier. To ensure proper receipt by EPA, identify the 
appropriate rulemaking by including the text ``Public comment on 
proposed rulemaking for the Missouri UST Program'' in the subject line 
on the first page of your comment. Please ensure that your comments are 
submitted within the specified comment period. Comments received after 
the close of the comment period will be marked ``late.'' EPA is not 
required to consider these late comments.
    1. Electronically. If you submit an electronic comment as 
prescribed below, EPA recommends that you include your name, mailing 
address, and an e-mail address or other contact information in the body 
of your comment. Also include this contact information on the outside 
of any disk or CD ROM you submit, and in any cover letter accompanying 
the disk or CD ROM. This ensures that you can be identified as the 
submitter of the comment and allows EPA to contact you in case EPA 
cannot read your comment due to technical difficulties or needs further 
information on the substance of your comment. EPA's policy is that EPA 
will not edit your comment, and any identifying or contact information 
provided in the body of a comment will be included as part of the 
comment that is placed in the official public docket. If EPA cannot 
read your comment due to technical difficulties and cannot contact you 
for clarification, EPA may not be able to consider your comment.
    i. E-mail. Comments may be sent by electronic mail (e-mail) to 
[email protected], please include the text ``Public comment on 
proposed rulemaking for the Missouri UST Program'' in the subject line. 
EPA's e-mail system is not an ``anonymous access'' system. If you send 
an e-mail comment directly without going through Regulations.gov, EPA's 
e-mail system automatically captures your e-mail address. E-mail 
addresses that are automatically captured by EPA's e-mail system are 
included as part of the comment that is placed in the official public 
docket.
    ii. Regulations.gov. Your use of Regulations.gov is an alternative 
method of submitting electronic comments to EPA. Go directly to 
Regulations.gov at http://www.regulations.gov, click on ``To Search for 
Regulations,'' then select Environmental Protection Agency and use the 
``go'' button. The list of current EPA actions available for comment 
will be listed. Please follow the online instructions for submitting 
comments. The system is an ``anonymous access'' system, which means EPA 
will not know your identity, e-mail address, or other contact 
information unless you provide it in the body of your comment.
    iii. Disk or CD ROM. You may submit comments on a disk or CD ROM 
that you mail to the mailing address identified in Section 2, directly 
below. These electronic submissions will be accepted in WordPerfect, 
Word or ASCII file format. Avoid the use of special characters and any 
form of encryption.
    2. By Mail. Send your comments to Linda Garwood, EPA Region 7, 
ARTD/STOP, 901 North 5th Street, Kansas City, Kansas 66101. Please 
include the text ``Public comment on proposed rulemaking for the 
Missouri UST Program'' in the subject line on the first page of your 
comment.
    3. By Hand Delivery or Courier. Deliver your comments to Linda 
Garwood, EPA Region 7, ARTD/STOP, 901 North 5th Street, Kansas City, 
Kansas 66101. Such deliveries are only accepted during the Regional 
Office's normal hours of operation. The Regional Office's official 
hours of business are Monday through Friday, 8 to 4:30 excluding 
Federal holidays.

C. How Should I Submit CBI to the Agency?

    Do not submit information that you consider to be CBI 
electronically to EPA. You may claim information that you submit to EPA 
as CBI by marking any part or all of that information as CBI (if you 
submit CBI on disk or CD ROM, mark the outside of the disk or CD ROM as 
CBI and then identify electronically within the disk or CD ROM the 
specific information that is CBI). Information so marked will not be 
disclosed except in accordance with procedures set forth in 40 CFR part 
2.
    In addition to one complete version of the comment that includes 
any information claimed as CBI, a copy of the comment that does not 
contain the information claimed as CBI must be submitted for inclusion 
in the official public regional rulemaking file. If you submit the copy 
that does not contain CBI on disk or CD ROM, mark the outside of the 
disk or CD ROM clearly that it does not contain CBI. Information not 
marked as CBI will be included in the public file and available for 
public inspection without prior notice. If you have any questions about 
CBI or the procedures for claiming CBI, please consult the person 
identified in the FOR FURTHER INFORMATION CONTACT section.

D. What Should I Consider as I Prepare My Comments for EPA?

    You may find the following suggestions helpful for preparing your 
comments:
    1. Explain your views as clearly as possible.
    2. Describe any assumptions that you used.
    3. Provide any technical information and/or data you used that 
support your views.
    4. If you estimate potential burden or costs, explain how you 
arrived at your estimate.
    5. Provide specific examples to illustrate your concerns.
    6. Offer alternatives.
    7. Make sure to submit your comments by the comment period deadline 
identified.
    8. To ensure proper receipt by EPA, identify the appropriate 
rulemaking by including the text ``Public comment on proposed 
rulemaking for the Missouri UST Program'' in the subject line on the 
first page of your comment. It would also be helpful if you provided 
the name, date, and Federal Register citation related to your comments.

Notice of Public Hearing

    A public hearing will be scheduled if there is sufficient public 
interest communicated to EPA by June 4, 2004. EPA will determine by 
June 21, 2004, whether there is significant interest to hold the public 
hearing. The state of Missouri will participate in such public hearing 
held by EPA on this subject.
    Anyone wishing to learn the status of the public hearing on the 
state's application may telephone the following

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contacts after June 21, 2004: Linda Garwood, EPA Region 7, ARTD/STOP, 
901 North 5th Street, Kansas City, Kansas 66101, (913) 551-7268; John 
Balkenbush, Chief, Tanks Section, Hazardous Waste Program, Air and Land 
Protection Division, Missouri Department of Natural Resources, P.O. Box 
176, Jefferson City, Missouri 65102, (573) 526-0971.

Statutory and Executive Order Reviews

    The Office of Management and Budget (OMB) has exempted this action 
from the requirements of Executive Order 12866 (58 FR 51735, October 4, 
1993), and therefore this action is not subject to review by OMB. For 
this reason, this action is also not subject to Executive Order 13211, 
``Actions Concerning Regulations That Significantly Affect Energy 
Supply, Distribution, or Use'' (66 FR 28355, May 22, 2001). This action 
proposes to authorize state requirements for the purpose of RCRA 
section 9004 and would impose no additional requirements beyond those 
imposed by state law. Accordingly, the Administrator certifies that 
this action will not have a significant economic impact on a 
substantial number of small entities under the Regulatory Flexibility 
Act (5 U.S.C. 601 et seq.). Because this proposed action proposes to 
authorize 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 of 1995 (Pub. L. 104-4). For the same reason, this proposed action 
does not have tribal implications within the meaning of Executive Order 
13175 (65 FR 67249, November 6, 2000). It does not have substantial 
direct effects on tribal governments, 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, as specified in Executive Order 13175. This proposed action 
will not 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, as specified in Executive Order 13132 (64 FR 43255, August 
10, 1999), because it merely proposes to authorize state requirements 
as part of the state underground storage tank program without altering 
the relationship or the distribution of power and responsibilities 
established by RCRA. This proposed action also is not subject to 
Executive Order 13045 (62 FR 19885, April 23, 1997), because it is not 
economically significant.
    Under RCRA section 9004, EPA grants approval of a state's program 
as long as the state meets the criteria required by RCRA. It would thus 
be inconsistent with applicable law for EPA, when it reviews a state 
program application, to require the use of any particular voluntary 
consensus standard in place of another standard that otherwise 
satisfies the requirements of RCRA. Thus, the requirements of section 
12(d) of the National Technology Transfer and Advancement Act of 1995 
(15 U.S.C. 272 note) do not apply. As required by section 3 of 
Executive Order 12988 (61 FR 4729, February 7, 1996), in issuing this 
proposed rule, EPA has taken the necessary steps to eliminate drafting 
errors and ambiguity, minimize potential litigation, and provide a 
clear legal standard for affected conduct. EPA has complied with 
Executive Order 12630 (53 FR 8859, March 15, 1988) by examining the 
takings implications of the proposed action in accordance with the 
``Attorney General's Supplemental Guidelines for the Evaluation of Risk 
and Avoidance of Unanticipated Takings'' issued under the executive 
order. This proposed action does not impose an information collection 
burden under the provisions of the Paperwork Reduction Act of 1995 (44 
U.S.C. 3501 et seq.).

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: April 16, 2004.
James B. Gulliford,
Regional Administrator, Region 7.
[FR Doc. 04-10214 Filed 5-4-04; 8:45 am]
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