[Federal Register Volume 76, Number 236 (Thursday, December 8, 2011)]
[Proposed Rules]
[Pages 76684-76686]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2011-31531]



40 CFR Part 281

[EPA-R10-UST-2011-0896; FRL-9502-6]

Idaho: Tentative Approval of State Underground Storage Tank 

AGENCY: Environmental Protection Agency (EPA).

ACTION: Proposed rule.


SUMMARY: The State of Idaho has applied for final approval of its 
Underground Storage Tank (UST) Program under Subtitle I of the Resource 
Conservation and Recovery Act (RCRA). EPA has reviewed Idaho's 
application and made the tentative decision that the State's UST 
program satisfies all requirements necessary to qualify for final 

DATES: A public hearing will be held on December 19, 2011 from 9 a.m.-
12 p.m. at the Idaho Department of Environmental Quality, Conference 
Room B, 1410 North Hilton, Boise, Idaho 83706. The State of Idaho will 
be invited to participate in any public hearing held by EPA on this 
subject. Please see SUPPLEMENTARY INFORMATION, Item C, for details.

ADDRESSES: Submit your comments, identified by Docket ID No. EPA-R10-
UST-2011-0896, by one of the following methods:
     http://www.regulations.gov Follow the online instructions 
for submitting comments.
     Email: [email protected].
     Mail: Erik Sirs, U.S. Environmental Protection Agency, 
Region 10, 1435 North Orchard, Boise, ID 83706.

Instructions: Direct your comments to Docket ID No. EPA-R10-UST-2011-
0896. EPA's policy is that all comments received will be included in 
the public docket without change and may be made available online at 
http://www.regulations.gov, including any personal information 
provided, unless the comment includes information claimed to be 
Confidential Business Information (CBI) or other information whose 
disclosure is restricted by statute. Do not submit information that you 
consider to be CBI or otherwise protected through http://www.regulations.gov or email. The http://www.regulations.gov Web site 
is an ``anonymous access'' system, which means EPA will not know your 
identify or contact information unless you provide it in the body of 
your comment. If you send an email comment directly to EPA without 
going through http://www.regulations.gov your email address will be 
automatically captured and included as part of the comment that is 
placed in the public docket and made available on the Internet. If you 
submit an electronic comment, EPA recommends that you include your name 
and other contact information in the body of your comment and with any 
disk or CD-ROM you submit. 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. Electronic files should avoid 
the use of special characters or any form of encryption, and be free of 
any defects or viruses. For additional information about EPA's public 
docket, visit the EPA Docket Center homepage at http://www.epa.gov/epahome/dockets.htm.
    Docket: All documents in the docket are listed in the http://www.regulations.gov index. Although listed in the index, some 
information is not publicly available, e.g., CBI or other information 
whose disclosure is restricted by statute. Certain other material, such 
as copyrighted material, will be publicly available only in hard copy. 
Publicly available docket materials are available either electronically 
in http://www.regulations.gov or in hard copy.
    Please see SUPPLEMENTARY INFORMATION, Item D, for details on the 
location of the documents in hard copy form.

Protection Agency, Idaho Operations Office, 1435 North Orchard, Boise, 
ID 83706.


A. Background

    Section 9004 of RCRA enables EPA to approve implementation of State 
UST programs in lieu of the Federal UST program. Approval is granted 
when it has been determined that the State

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program: (1) Is no less stringent than the overall Federal program and 
includes the notification requirements of Section 9004(a)(8), 42 U.S.C. 
6991c(a)(8), and (2) provides for adequate enforcement of compliance 
with UST standards of Section 9004(a), 42 U.S.C. 6991c(a).

B. State of Idaho

    The Idaho Department of Environmental Quality (IDEQ) is the lead 
implementing agency for the UST program in Idaho. IDEQ has broad 
statutory authority to regulate UST releases under Idaho Code, Title 
39, Chapter 1, Environmental Quality--Health; Title 39, Chapter 72, 
Idaho Land Remediation Act; Chapter 88, Idaho Underground Storage Tank 
Act; and the Idaho Rules for Civil Procedure. Specific authorities to 
regulate the installation, operation, maintenance, and closure of USTs 
is found under the Idaho Administrative Procedures Act 58.01.02 Water 
Quality Standards; 58.01.07 Rules Regulating Underground Storage Tank 
Systems; 58.01.18 Idaho Land Remediation Rules; 58.01.23 Rules of 
Administrative Procedure Before the Board of Environmental Quality; 
58.01.24 Standards and Procedure for Application of Risk Based 
Corrective Action at Petroleum Release Sites.
    Idaho is not authorized to carry out its UST program in Indian 
Country. This includes all lands within the exterior boundaries of the 
Coeur d'Alene, Duck Valley, Fort Hall, Kootenai, and Nez Perce 
Reservations; any land held in trust by the United States for an Indian 
Tribe, and any other lands that are Indian Country within the meaning 
of 18 U.S.C. 1151.

C. Public Hearing

    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 Erik Sirs, 
(208) 378-5762, preferably a minimum of two weeks in advance of the 
public hearing date, so that EPA will have sufficient time to process 
the request.
    Please bring this notice to the attention of any persons known by 
you to have an interest in this determination.

D. Location of Documents

    All documents that are in the electronic docket are also available 
in hard copy during normal business hours at the following locations:

    1. U.S. Environmental Protection Agency, Idaho Operation Office, 
Region 10, 1435 North Orchard, Boise, ID 83706 from 9 a.m. to 12 
p.m. and 1 p.m. to 4 p.m.
    2. Idaho Department of Environmental Quality, 1410 North Hilton, 
Boise, ID 83706 from 10 a.m. to 12 p.m. and 1 p.m. to 4 p.m.
    3. IDEQ Boise Regional Office, 1445 North Orchard, Boise, ID 
83706 from 10 a.m. to 12 p.m. and 1 p.m. to 4 p.m.
    4. IDEQ Coeur d'Alene Regional Office, 2110 Ironwood Parkway, 
Coeur d'Alene, ID 83814 from 10 a.m. to 12 p.m. and 1 p.m. to 4 
p.m.; and
    5. IDEQ Idaho Falls Regional Office, 900 N. Skyline, Suite B, 
Idaho Falls, ID 83402 from 10 a.m. to 12 p.m. and 1 p.m. to 4 p.m.; 
    6. IDEQ Lewiston Regional Office, 1118 ``F'' Street, Lewiston, 
ID 83501 from 10 a.m. to 12 p.m. and 1 p.m. to 4 p.m.; and
    7. IDEQ Pocatello Regional Office, 444 Hospital Way, 
300, Pocatello, ID 83201, from 10 a.m. to 12 p.m. and 1 
p.m. to 4 p.m.; and
    8. IDEQ Twin Falls Regional Office, 1363 Fillmore Street, Twin 
Falls, ID 83301, from 10 a.m. to 12 p.m. and 1 p.m. to 4 p.m.

E. Statutory and Executive Order (EO) Review

    This proposed rule only applies to Idaho's UST Program requirements 
pursuant to RCRA Section 9004 and imposes no requirements other than 
those imposed by State law. It complies with applicable EOs and 
statutory provisions as follows:

1. Executive Order 12866

    The Office of Management and Budget (OMB) has exempted this rule 
from its review under Executive Order 12866.

2. Paperwork Reduction Act

    This proposed action does not impose an information collection 
burden under the provisions of the Paperwork Reduction Act, 44 U.S.C. 
3501 et seq., because this proposed rule does not establish or modify 
any information or recordkeeping requirements for the regulated 
community and only seeks to authorize the pre-existing requirements 
under State law and imposes no additional requirements beyond those 
imposed by State law. Burden means the total time, effort, or financial 
resources expended by persons to generate, maintain, retain, or 
disclose or provide information to or for a Federal agency. This 
includes the time needed to review instructions; develop, acquire, 
install, and utilize technology and systems for the purposes of 
collecting, validating, and verifying information, processing, and 
maintaining information, and disclosing and providing information; 
adjust the existing ways to comply with any previously applicable 
instructions and requirements; train personnel to be able to respond to 
a collection of information; search data sources; complete and review 
the collection of information; and transmit or otherwise disclose the 
information. An Agency may not conduct or sponsor, and a person is not 
required to respond to, a collection of information unless it displays 
a currently valid OMB control number. The OMB control numbers for EPA's 
regulations in Title 40 of the CFR are listed in 40 CFR part 9.

3. Regulatory Flexibility Act

    The Regulatory Flexibility Act (RFA) generally requires Federal 
agencies 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 proposed rule on small 
entities, small entity is defined as: (1) A small business defined by 
the Small Business Administration's size regulations at 13 CFR part 
121.201; (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. I certify that this proposed rule 
will not have a significant economic impact on a substantial number of 
small entities because the proposed rule will only have the effect of 
authorizing pre-existing requirements under State law and imposes no 
additional requirements beyond those imposed by State law. EPA 
continues to be interested in the potential impacts of the proposed 
rule on small entities and welcomes comments on issues related to such 

4. Unfunded Mandates Reform Act

    This proposed rule does not have any impacts as described in the 
Unfunded Mandates Reform Act because this rule codifies 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 mandates or significantly or uniquely affects small 

5. Executive Order 13132: Federalism

    This proposed rule does not have Federalism implications. It will 
not have substantial direct effects on the States, on the relationship 
between the

[[Page 76686]]

national government and the States, or on the distribution of power and 
responsibilities among various levels of government, as specified in 
Executive Order 13132 (64 FR 43255, August 10, 1999). This rule 
proposes to authorize pre-existing State rules. Thus, Executive Order 
13132 does not apply to this proposed rule. In the spirit of Executive 
Order 13132, and consistent with EPA policy to promote communications 
between EPA and State and local governments, EPA specifically solicits 
comment on this proposed rule from State and local officials.

6. Executive Order 13175: Consultation and Coordination With Indian 
Tribal Governments

    Executive Order 13175, entitled ``Consultation and Coordination 
with Indian Tribal Governments'' (59 FR 22951, November 9, 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.'' This proposed rule does not 
have Tribal implications, as specified in Executive Order 13175 because 
EPA retains its authority over Indian Country. Thus, Executive Order 
13175 does not apply to this proposed rule. EPA specifically solicits 
additional comment on this proposed rule from Tribal officials.

7. Executive Order 13045: Protection of Children From Environmental 
Health and Safety Risks

    EPA interprets Executive Order 13045 (62 FR 19885, April 23, 1997) 
as applying only to those regulatory actions that concern health or 
safety risks, such that the analysis required under section 5-501 of 
the Executive Order has the potential to influence the regulation. This 
action is not subject to Executive Order 13045 because it proposes to 
approve a state program.

8. Executive Order 13211: Actions That Significantly Affect Energy 
Supply, Distribution, or Use

    This proposed 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'' as defined under Executive 
Order 12866.

9. 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), 
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 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 proposed rulemaking 
does not involve technical standards. Therefore, EPA is not considering 
the use of any voluntary consensus standards.

10. Executive Order 12898: Federal Actions To Address Environmental 
Justice in Minority Populations and Low Income Populations

    Executive Order 12898 (59 FR 7629, February 16, 1994) establishes 
Federal executive policy on environmental justice. Its main provision 
directs Federal agencies, to the greatest extent practicable and 
permitted by law, to make environmental justice part of their mission 
by identifying and addressing, as appropriate, disproportionately high 
and adverse human health or environmental effects of their programs, 
policies, and activities on minority populations and low-income 
populations in the United States. EPA has determined that this proposed 
rule will not have disproportionately high and adverse human health or 
environmental effects on minority or low-income populations. This 
proposed rule does not affect the level of protection provided to human 
health or the environment because this rule proposes to authorize pre-
existing State rules which are no less stringent than existing Federal 

List of Subjects in 40 CFR Part 281

    Environmental protection, Administrative practice and procedure, 
Hazardous materials, Intergovernmental relations, Reporting and 
recordkeeping requirements.

    Authority: This notice is issued under the authority of Sections 
2002(a), 7004(b), and 9004 of the Solid Waste Disposal Act, as 
amended, 42 U.S.C. 6912(a), 6974(b), and 6991c.

    Dated: November 30, 2011.
Michelle L. Pirzadeh,
Acting Regional Administrator, Region 10.
[FR Doc. 2011-31531 Filed 12-7-11; 8:45 am]