[Federal Register: November 27, 2006 (Volume 71, Number 227)]
[Proposed Rules]
[Page 68517-68518]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr27no06-20]
-----------------------------------------------------------------------
ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 281
[EPA-R08-UST-2006-0295; FRL-8247-2]
Colorado: Tentative Approval of State Underground Storage Tank
Program
AGENCY: Environmental Protection Agency (EPA).
ACTION: Proposed rule; notice of tentative determination on application
of state of Colorado for final approval, public hearing and public
comment period.
-----------------------------------------------------------------------
SUMMARY: The State of Colorado 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 Colorado's
application and made the tentative decision that the State's UST
program satisfies all requirements necessary to qualify for final
approval.
DATES: Any member of the public is invited to provide written comments
and/or request a public hearing on this determination by December 27,
2006. A public hearing will be held if sufficient public interest is
expressed and communicated to EPA in writing by December 27, 2006. EPA
will determine by January 26, 2007, whether there is significant
interest to hold a public hearing. The State of Colorado will
participate in any public hearing held by EPA on this subject. Please
see SUPPLEMENTARY INFORMATION, Item C, for details.
ADDRESSES: Written comments and requests for a public hearing shall be
addressed to: Robert E. Roberts, Regional Administrator, c/o Francisca
Chambus (8P-W-GW), U.S. EPA, Region 8, 999 18th Street, Suite 200,
Denver, CO 80202-2466. Comments, as well as requests to present oral
testimony, must be received by the close of business on December 27,
2006.
All documents relating to this determination are available for
public inspection and copying at the following locations: (1) U.S. EPA,
Library, Region 8, 999 18th Street, Suite 144, Denver, CO 80202-2466
from 9AM to 4PM, (2) Colorado Department of Labor & Employment,
Division of Oil and Public Safety, Public Records Center, 633 17th
Street, Suite 200, Denver, CO 80202 from 8AM to Noon, or (3) online at:
http://www.regulations.gov, with reference to Docket ID No. EPA-R08-
UST-2006-0295. However, based on sensitivity, certain materials are
available in hardcopy only. Comments
[[Page 68518]]
can be submitted via http://www.regulations.gov. The www.regulations.gov Web
site is an ``anonymous access'' system, which means EPA will not know
your identity or contact information unless you provide it in the body
of your comment. If you send an e-mail comment directly to EPA without
going through http://www.regulations.gov your e-mail 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. If EPA
cannot read your comments 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,
any form of encryption, and be free of any defects or viruses.
FOR FURTHER INFORMATION CONTACT: Francisca Chambus at 303-312-6782.
SUPPLEMENTARY INFORMATION:
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 program: (1) is ``no less
stringent'' than the overall Federal program and includes 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 Colorado
The Colorado Department of Labor & Employment, Division of Oil &
Public Safety (OPS) is the lead implementing agency for the UST program
in Colorado. OPS has broad statutory authority to regulate UST releases
under Colorado Revised Statutes, Title 8, Labor and Industry, Articles
20 and 20.5. Specific authority to regulate the installation,
operation, maintenance, and closure of USTs is found under Colorado
Department of Labor and Employment; Division of Oil and Public Safety;
Storage Tank Regulation 7 CCR 1101-14.
Colorado is not authorized to carry out its UST program in ``Indian
country.'' This includes all lands within the exterior boundaries of
the Southern Ute and Ute Mountain Ute Indian Reservations; any land
held in trust by the United States for an Indian tribe, and any other
areas that are ``Indian country'' within the meaning of 18 U.S.C. 1151.
C. Requesting a Hearing
Any request for a public hearing shall include: (1) The name,
address, and telephone number of the individual, organization, or other
entity requesting a hearing, (2) a brief statement of the requester's
interest in the RA's determination and of information that he/she
intends to submit at such hearing, (3) the signature of the requester
or responsible official, if made on behalf of an organization or other
entity, and (4) the associated Docket ID Number, if available.
Notice of any hearing shall be given not less than fifteen (15)
days prior to the time scheduled for the hearing, and will be made by
the RA in the Federal Register and newspapers of general circulation in
the State. A notice will also be sent to both the person(s) requesting
the hearing and the State. The hearing notice will include a statement
of purpose, information regarding time and location, and the address
and telephone number where interested persons may obtain further
information. The RA will issue a final determination upon review of the
hearing record.
Frivolous or insubstantial requests for a hearing may be denied by
the RA. However, if a substantial request is made within thirty (30)
days after this notice, a public hearing will be held. Please bring
this notice to the attention of any persons known by you to have an
interest in this determination.
D. Statutory and Executive Order (EO) Review
This rule only applies to Colorado'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) Under EO 12866: Regulatory
Planning Review, the Office of Management & Budget (OMB) has exempted
this rule from review; (2) under Paperwork Reduction Act, this rule
does not impose an information collection burden; (3) under Regulatory
Flexibility Act, and after considering economic impacts, I certify that
this rule will not have significant economic impact on a substantial
number of small entities; (4) 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 mandate,
or significantly or uniquely affect small governments; (5) under EO
13132: Federalism, this rule does not apply because it will not have
federalism implications; (6) under EO 13175: Consultation &
Coordination with Indian Tribal Governments, this rule does not apply
because it will not have tribal implications; (7) under EO 13045:
Protection of Children from Environmental Health & Safety Risks, this
rule is not subject because it is not economically significant, nor is
it based on health or safety risks; (8) under EO 13211: Actions that
Significantly Affect Energy Supply, Distribution or Use, this rule is
not subject because it is not a significant regulatory action as
defined in EO 12866; and (9) under the National Technology Transfer and
Advancement Act of 1995 (NTTAA), Public Law 104-113, 12(d) (15 U.S.C.
272 note), EPA is directed to use voluntary consensus standards in its
regulatory activities unless doing so would be inconsistent with
applicable law or otherwise impractical. Voluntary consensus standards
are technical standards (i.e., materials specifications, test methods,
sampling procedures and business practices) developed or adopted by
voluntary consensus standards bodies. NTTAA directs EPA to provide
Congress, through OMB, explanations when EPA decides not to use
available and applicable voluntary consensus standards. This action
does not involve technical standards. Therefore, EPA is not considering
the use of any voluntary consensus standards.
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 Section
9004 of the Solid Waste Disposal Act as amended 42 U.S.C. 6912(a),
6926, 6974(b).
Dated: November 17, 2006.
Kerrigan G. Clough,
Deputy Regional Administrator, Region 8.
[FR Doc. E6-19988 Filed 11-24-06; 8:45 am]
BILLING CODE 6560-50-P