[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:
    <bullet> http://www.regulations.gov. Follow the online instructions 
for submitting comments.
    <bullet> E-mail: <a href="/cdn-cgi/l/email-protection#1e796c777878776a7630757f6a767b6c77707b5e7b6e7f30797168"><span class="__cf_email__" data-cfemail="5730253e31313e233f793c36233f32253e39321732273679303821">[email protected]</span></a>.
    <bullet> 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: 
<a href="/cdn-cgi/l/email-protection#2a4d58434c4c435e4204414b5e424f5843444f6a4f5a4b044d455c"><span class="__cf_email__" data-cfemail="4c2b3e252a2a25382462272d3824293e2522290c293c2d622b233a">[email protected]</span></a>.

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

[[Page 11407]]

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]
BILLING CODE 6560-50-P


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