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The Resource Conservation and Recovery Act of 1976 (RCRA), as amended, authorizes the United States Environmental Protection Agency (EPA) to grant approval to any State to operate its underground storage tank program in the State in lieu of the federal program. [...]State provisions which are "broader in scope" than the federal program are not incorporated by reference for purposes of enforcement in Part 282.
Regulatory Documents
SUMMARY: The Resource Conservation and Recovery Act of 1976 (RCRA), as amended, authorizes the United States Environmental Protection Agency (EPA) to grant approval to any State to operate its underground storage tank program in the State in lieu of the federal program. The regulation codifies EPA's decision to approve State programs and incorporates by reference those provisions of the State statutes and regulations that will be subject to EPA's inspection and enforcement authorities under sections 9005 and 9006 of RCRA subtitle I and other applicable statutory and regulatory provisions. This rule codifies the prior approval of Oregon's underground storage tank program and incorporates by reference appropriate provisions of state statutes and regulations.
EFFECTIVE DATE: This regulation is effective June 29, 2012, unless EPA publishes a prior Federal Register document withdrawing this direct final rule. All comments on the codification of Oregon's underground storage tank program must be received by the close of business May 30, 2012. The incorporation by reference of certain publications listed in the regulations is approved by the Director of the Federal Register, as of June 29, 2012, in accordance with 5 U.S.C. 552(a) and 1 CFR part 51.
ADDRESSES: Comments may be submitted, identified by Docket ID No. EPA-R10-UST-2011-0097, by one of the following methods:
* http://www.regulations.gov: Follow the online instructions for submitting comments.
* Email: [email protected].
* Mail: Katherine Griffith, U. S. Environmental Protection Agency, Region 10, 1200 Sixth Avenue, Suite 900, Mail Stop: OCE-082, Seattle, WA 98101.
* Comments received by EPA may be inspected in the public docket online and in the EPA Region 10 Library, 1200 Sixth Avenue, Seattle, WA 98101, from 9 a.m. to 12 p.m. and 1 p.m. to 4 p.m., Monday through Friday, excluding Federal holidays.
Instructions: Direct your comments to Docket ID No. EPA-R10-UST-2011-0097. 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.
FOR FURTHER INFORMATION CONTACT: Katherine Griffith, U. S. Environmental Protection Agency, Region 10, 1200 Sixth Avenue, Suite 900, Mail Stop: OCE-082, Seattle, WA 98101, phone number: (206) 553-2901, email: [email protected].
SUPPLEMENTARY INFORMATION: Section 9004 of the Resource Conservation and Recovery Act of 1976 (RCRA), as amended, 42 U.S.C. 6991c, authorizes the United States Environmental Protection Agency (EPA) to approve a State to operate its underground storage tank program in the State in lieu of the federal underground storage tank program. EPA published a Federal Register document announcing its decision to grant approval to Oregon on September 16, 2011, and approval was effective on September 16, 2011 (76 FR 57659).
EPA codifies its approval of State programs in 40 CFR part 282 and incorporates by reference therein those provisions of the State statutes and regulations that are subject to EPA's inspection and enforcement authorities under sections 9005 and 9006 of subtitle I of RCRA, 42 U.S.C. 6991d and 6991e, and other applicable statutory and regulatory provisions. Today's rulemaking codifies EPA's approval of Oregon's underground storage tank program. This codification reflects the State program in effect at the time EPA grants Oregon approval under section 9004, 42 U.S.C. 6991c, for its underground storage tank program. Notice and opportunity for comment were provided earlier on the Agency's decision to approve the Oregon program, and EPA is not now reopening that decision nor requesting comment on it.
This effort provides clear notice to the public of the scope of the approved program in each state. By codifying the approved Oregon program and by amending the Code of Federal Regulations (CFR) whenever a new or different set of requirements is approved in Oregon, the status of federally-approved requirements of the Oregon program will be readily discernible. Only those provisions of the Oregon underground storage tank program EPA has approved will be incorporated by reference for enforcement purposes.
To codify EPA's approval of Oregon's underground storage tank program, EPA has added SEC 282.87 to Title 40 of the CFR. Section 282.87(d)(1)(i) incorporates by reference for enforcement purposes the State's statutes and regulations. Section 282.87 also references the Attorney General's Statement, Demonstration of Adequate Enforcement Procedures, the Program Description, and the Memorandum of Agreement, which are approved as part of the underground storage tank program under subtitle I of RCRA.
EPA retains the authority under sections 9003(h), 9005 and 9006 of subtitle I of RCRA, 42 U.S.C. 6991b(h), 6991d and 6991e, and other applicable statutory and regulatory provisions to undertake corrective actions, inspections and enforcement in approved States. With respect to such actions, EPA will rely on federal sanctions, federal inspection authorities, and federal procedures rather than the State authorized analogues to these provisions. Therefore, the approved Oregon enforcement authorities will not be incorporated by reference. Section 282.87 lists those approved Oregon authorities that would fall into this category.
The public also needs to be aware that some provisions of the State's underground storage tank program are not part of the federally-approved State program, because such provisions are "broader in scope" than subtitle I of RCRA. See 40 CFR 281.12(a)(3)(ii). As a result, State provisions which are "broader in scope" than the federal program are not incorporated by reference for purposes of enforcement in Part 282. Section 282.87 of the codification simply lists for reference and clarity the Oregon statutory and regulatory provisions which are "broader in scope" than the federal program and which are not, therefore, part of the approved program being codified today. "Broader in scope" provisions cannot be enforced by EPA; the State, however, will continue to implement and enforce such provisions.
B. Statutory and Executive Order Review
This final rule only applies to Oregon'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 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.
3. Regulatory Flexibility Act
After considering the economic impacts of today's rule on small entities under the Regulatory Flexibility Act, 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.
4. Unfunded Mandates Reform Act
Because today's rulemaking codifies pre-existing requirements under Oregon state law and does not impose any additional enforceable duty beyond that required by Oregon 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 rule because this final 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.
6. Executive Order 13175: Consultation and Coordination With Indian Tribal Governments
--This is a summary of a Federal Register article originally published on the page number listed below--
Direct final rule.
CFR Part: "40 CFR Part 282"
Citation: "77 FR 25366"
Document Number: "EPA-R10-UST-2011-0097; FRL-9615-4"
Federal Register Page Number: "25366"
"Rules and Regulations"
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