[Federal Register Volume 76, Number 41 (Wednesday, March 2, 2011)]
[Proposed Rules]
[Pages 11404-11407]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2011-4640]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 281
[EPA-R10-UST-2011-0097; FRL-9274-8]
Oregon: Tentative Approval of State Underground Storage Tank
Program
AGENCY: Environmental Protection Agency (EPA).
ACTION: Proposed rule.
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SUMMARY: The State of Oregon has applied for final approval of its
Underground Storage Tank (UST)
[[Page 11405]]
Program under Subtitle I of the Resource Conservation and Recovery Act
(RCRA). EPA has reviewed Oregon's application and made the tentative
decision that the State's UST program satisfies all requirements
necessary to qualify for final approval. Today's Federal Register
notice solicits comments on the proposed rule.
DATES: Comments and/or request for a public hearing on this
determination must be received on or before April 1, 2011. A public
hearing will be held on April 13, 2011 from 9 a.m.-12 p.m. at the
United States Environmental Protection Agency, 805 SW. Broadway, Suite
500, Portland, Oregon 97205, unless insufficient public interest is
expressed in holding a hearing. EPA reserves the right to cancel the
public hearing if sufficient public interest in a hearing is not
communicated to EPA in writing by April 1, 2011. EPA will determine by
April 11, 2011, whether there is sufficient interest to warrant a
public hearing. The State of Oregon 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-2011-0097, by one of the following methods:
http://www.regulations.gov. Follow the online instructions
for submitting comments.
E-mail: [email protected].
Mail: Katherine Griffith, U.S. Environmental Protection
Agency, Region 10, 1200 Sixth Avenue, Suite 900, Mail Stop: OCE-082,
Seattle, WA 98101.
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 e-mail. 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 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 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.
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, e-mail:
[email protected].
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 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 Oregon
The Oregon Department of Environmental Quality (ODEQ) is the lead
implementing agency for the UST program in Oregon. ODEQ has broad
statutory authority to regulate UST releases under Oregon Revised
Statutes, Chapter 183, Administrative Procedures Act, Section 310-750;
Chapter 465, Hazardous Waste and Hazardous Materials I (Removal or
Remedial Action); Chapter 466, Hazardous Waste and Hazardous Materials
II (Oil Storage Tanks); and Chapter 468, Environmental Quality
Generally (Enforcement and Audit Privilege). Specific authority to
regulate the installation, operation, maintenance, and closure of USTs
is found under ODEQ Administrative Rules Chapter 340, Divisions 11, 12,
122, 150, 151, 160, 162, and 163.
Oregon is not authorized to carry out its UST program in Indian
Country. This includes all lands within the exterior boundaries of the
Grande Ronde, Klamath, Siletz, Umatilla and Warm Springs 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. 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 Regional Administrator'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.
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 Katherine
Griffith, (206) 553-2901, preferably a minimum of two weeks in advance
of the public hearing date, so that EPA will have sufficient time to
process the request.
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. 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, Library, Region 10, 1200
Sixth Avenue, Suite 900, Seattle, WA 98101 from 9 a.m. to 12 p.m. and 1
p.m. to 4 p.m.
[[Page 11406]]
2. Oregon Department of Environmental Quality, 811 SW. Sixth
Avenue, Portland, OR 97204 from 10 a.m. to 12 p.m. and 1 p.m. to 4 p.m.
3. Oregon Department of Environmental Quality, 2146 NE. 4th, Suite
104, Bend, OR 97701 from 10 a.m. to 12 p.m. and 1 p.m. to 4 p.m.
4. Oregon Department of Environmental Quality, 700 SE. Emigrant,
Suite 330, Pendleton, OR 97801 from 10 a.m. to 12 p.m. and 1 p.m. to 4
p.m.; and
5. Oregon Department of Environmental Quality, 221 Stewart Ave,
Suite 201, Medford, OR 97501 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 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 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 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 impacts.
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
governments.
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 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, section 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
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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
requirements.
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: February 23, 2011.
Michelle L. Pirzadeh,
Acting Regional Administrator, Region 10.
[FR Doc. 2011-4640 Filed 3-1-11; 8:45 am]
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