[Federal Register Volume 77, Number 39 (Tuesday, February 28, 2012)]
[Rules and Regulations]
[Pages 11750-11752]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2012-4657]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 281

[EPA-R10-UST-2011-0896; FRL 9640-1]


Idaho: Final Approval of State Underground Storage Tank Program

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final determination.

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SUMMARY: The State of Idaho has applied for final approval of its 
underground storage tank program for petroleum and hazardous substances 
under subtitle I of the Resource Conservation and Recovery Act (RCRA). 
The United States Environmental Protection Agency (EPA) has reviewed 
the State of Idaho's application and has made a final determination 
that the State of Idaho's underground storage tank program for 
petroleum and hazardous substances satisfies all of the requirements 
necessary to qualify for final approval. Thus, EPA is granting final 
approval to the State of Idaho to operate its underground storage tank 
program for petroleum and hazardous substances.

DATES: Effective Date: Final approval for the State of Idaho shall be 
effective on February 28, 2012.

FOR FURTHER INFORMATION CONTACT: Erik Sirs, U.S. Environmental 
Protection Agency, Region 10, 1435 North Orchard, Boise, ID 83706, 
phone number: (208) 378-5762, email: [email protected].

SUPPLEMENTARY INFORMATION: 

I. Background

    Section 9004 of the Resource Conservation and Recovery Act (RCRA), 
42 U.S.C. 6991c, authorizes EPA to approve underground storage tank 
programs to operate in the State in lieu of the federal underground 
storage tank (UST) program. To qualify for final approval, a state's 
program must be ``no less stringent'' than the federal program in all 
eight elements set forth at section 9004(a)(1) through (7) and (9) of 
RCRA, 42 U.S.C. 6991c(a)(1) through (7) and (9); include the 
notification requirements of RCRA section 9004(a)(8) and provide for 
adequate enforcement of compliance with UST standards (section 9004(a) 
of RCRA, 42 U.S.C. 6991c(a)). Note that the Energy Policy Act of 2005 
added state-specific operator training requirements as a state program 
approval element in section 9004(a)(9). Although, EPA has not yet 
established performance criteria in 40 CFR part 281 for making a no-
less-stringent determination for the operator training element, EPA 
finds Idaho's operator training requirements to be consistent with 
Operator Training Grant

[[Page 11751]]

Guidelines issued by EPA in 2007 and approves Idaho's operator training 
requirements in today's approval. Also, 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.
    On July 21, 2010, the State of Idaho submitted an official 
application to obtain final program approval to administer the 
underground storage tank program for petroleum and hazardous 
substances. On December 8, 2011, EPA published a tentative 
determination announcing its intent to approve the State of Idaho's 
program. Further background on the tentative decision to grant approval 
appears in the Federal Register at 76 FR 76684 (December 8, 2011).
    Along with the tentative determination, EPA announced the 
availability of the application for public review and comment and the 
date of a public hearing on the application. EPA advertised and held a 
public hearing on December 19, 2011. No comments were received at the 
public hearing. No public comments were received regarding EPA's 
tentative approval of Idaho's underground storage tank program.

II. Final Decision

    I conclude that the State of Idaho'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, 
Idaho is granted final approval to operate its underground storage tank 
program for petroleum and hazardous substances in lieu of the federal 
underground storage tank program. Idaho has primary enforcement 
responsibility for petroleum and hazardous underground storage tanks, 
although EPA retains the right to conduct enforcement actions for all 
regulated underground storage tanks under section 9006 of RCRA. This 
approval is subject to the terms and conditions set forth in the 
State's application for approval (including, but not limited to, the 
Memorandum of Agreement) and in the December 8, 2011 Federal Register 
Idaho: Tentative Approval of State Underground Storage Tank Program. 
This final determination to approve the Idaho program applies to all 
areas within the State except for land in Indian Country. This includes 
all lands within the exterior boundaries of the Shoshone-Bannock Tribes 
(Fort Hall Reservation), Shoshone-Paiute Tribe (Duck Valley 
Reservation), Nez Perce Reservation, Coeur d'Alene Reservation, 
Kootenai Reservation; 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.

III. Statutory and Executive Order (EO) Review

    This 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:

A. Executive Order 12866

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

B. Paperwork Reduction Act

    This 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 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.

C. 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 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 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 rule will not have a 
significant economic impact on a substantial number of small entities 
because the 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.

D. Unfunded Mandates Reform Act

    This 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 effects small 
governments.

E. Executive Order 13132: Federalism

    This rule does not have Federalism implications. It 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 various levels of government, as specified 
in Executive Order 13132 (64 FR 43255, August 10, 1999). This rule 
authorizes pre-existing State rules. Thus, Executive Order 13132 does 
not apply to this rule.

[[Page 11752]]

F. 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 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 rule.

G. 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 approves a 
state program.

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

    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'' as defined under Executive Order 
12866.

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

J. 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 rule 
will not have disproportionately high and adverse human health or 
environmental effects on minority or low-income populations. This rule 
does not affect the level of protection provided to human health or the 
environment because this rule authorizes pre-existing State rules which 
are no less stringent than existing Federal requirements.

K. 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

    Environmental protection, administrative practice and procedure, 
hazardous materials, state program approval, and underground storage 
tanks.

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

    Dated: February 14, 2012.
Dennis J. McLerran,
Regional Administrator, Region 10.
[FR Doc. 2012-4657 Filed 2-27-12; 8:45 am]
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