13446 Federal Register / Vol. 72, No. 55 / Thursday, March 22, 2007 / Rules and Regulations 

In reviewing delegation requests and 

mechanisms for delegation, EPA’s role 

is to approve state choices, provided 

that they meet the criteria of the Clean 

Air Act. In this context, in the absence 

of a prior existing requirement for the 

State to use voluntary consensus 

standards (VCS), EPA has no authority 

to disapprove a delegation request or 

disapprove a proposed delegation 

mechanism for failure to use VCS. It 

would thus be inconsistent with 

applicable law for EPA, when it reviews 

a delegation request or proposed 

delegation mechanism, to use VCS in 

place of a delegation request or 

proposed delegation mechanism that 

otherwise satisfies the provisions of the 

Clean Air Act. Thus, the requirements of 

section 12(d) of the National 

Technology Transfer and Advancement 

Act of 1995 (15 U.S.C. 272 note) do not 

apply. This action does not impose an 

information collection burden under the 

provisions of the Paperwork Reduction 

Act of 1995 (44 U.S.C. 3501 et seq.). 

This action granting delegation 

authority for implementation and 

enforcement of existing NSPS and 

approving a delegation mechanism for 

future NSPS is issued under the 

authority of sections 101, 110, 111, and 

301 of the Clean Air Act, 42 U.S.C. 

7401, 7410, 7411, and 7601. 

Authority: 42 U.S.C. 7401 et seq. 

Dated: March 1, 2007. 

Russell L. Wright, Jr., 

Acting Regional Administrator, Region 4. 

[FR Doc. E7–5261 Filed 3–21–07; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 281 

[FRL–8290–7] 

Colorado; Final Approval of State 

Underground Storage Tank Program 

AGENCY: Environmental Protection 

Agency. 

ACTION: Notice of Final Determination 

on the State of Colorado’s Application 

for Final Approval. 

SUMMARY: The State of Colorado has 

applied for approval of the underground 

storage tank program under Subtitle I of 

the Resource Conservation and 

Recovery Act (RCRA). The 

Environmental Protection Agency (EPA) 

has reviewed the Colorado application 

and has reached a final determination 

that Colorado’s underground storage 

tank program satisfies all of the 

requirements necessary to qualify for 

approval under the regulations. Thus, 

the EPA is granting final approval to the 

State of Colorado to operate its 

Underground Storage Tank Program for 

petroleum and hazardous substances. 

DATES: Effective Date: Final approval for 

the State of Colorado’s Underground 

Storage Tank Program is effective on 

April 23, 2007. 

ADDRESSES: EPA has established a 

docket for this action under Docket ID 

No. EPA–R08–UST–2006–0295. All 

documents in the docket are listed on 

the http://www.regulations.gov Web 

site. 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, is not placed on 

the Internet and will be publicly 

available only in hard form. Publicly 

available docket materials are available 

either electronically through http:// 

www.regulations.gov or in hard copy at 

the following addresses: (1) Colorado 

Department of Labor & Employment, 

Division of Oil and Public Safety, Public 

Records Center, 633 17th Street, Suite 

200, Denver, CO 80202 from 8 a.m. to 

Noon, and (2) U.S. EPA, Library, Region 

8, 1595 Wynkoop Street, Room 2139, 

Denver, CO 80202–1129 from 10 a.m. to 

4 p.m. We recommend that you contact 

Francisca Chambus, UST Team, at 

303.312.6782 before visiting the Region 

8 office. 

FOR FURTHER INFORMATION CONTACT: 

Francisca Chambus U.S. EPA, Region 8, 

MC: 8P–W–GW, 1595 Wynkoop Street, 

Denver, CO 80202–1129 or at 

303.312.6782. 

SUPPLEMENTARY INFORMATION: 

I. Background 

Section 9004 of the Resource 

Conservation and Recovery Act (RCRA) 

authorizes EPA to approve State 

underground storage tank programs to 

operate in the State in lieu of the 

Federal underground storage tank (UST) 

program. Program approval may be 

granted by EPA pursuant to RCRA 

section 9004(b), if the Agency finds that 

the State program: Is ‘‘no less stringent’’

than the Federal program for the seven 

elements set forth at RCRA section 

9004(a)(1) through (7); includes the 

notification requirements of RCRA 

section 9004(a)(8); and provides for 

adequate enforcement of compliance 

with UST standards of RCRA section 

9004(a). 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. 

II. Colorado 

The Colorado Department of Labor & 

Employment, Division of Oil & Public 

Safety (OPS) is the lead implementing 

agency for the UST program in 

Colorado. 

On November 13, 2002 the EPA 

received Colorado’s application for State 

Program Approval (SPA) of Colorado’s 

UST program. EPA reviewed their 

application and determined it to be 

complete. On November 27, 2006, the 

EPA published a tentative decision 

announcing its intent to grant Colorado 

final approval. Along with the tentative 

determination, EPA announced the 

availability of the application for public 

comment and provided notice that a 

public hearing would be provided if 

significant public interest was shown. 

EPA did not receive any comments or 

requests for a public hearing. 

III. Decision 

I conclude that the State of Colorado’s 

application for final program approval 

meets all of the statutory and regulatory 

requirements established by Subtitle I of 

RCRA. Accordingly, Colorado is granted 

final approval to operate its 

Underground Storage Tank Program in 

lieu of the Federal program. This final 

determination to approve the Colorado 

program applies to all areas within the 

State except for land within formal 

Indian reservations located within or 

abutting the State of Colorado, 

including: the Ute Mountain Ute and 

Southern Ute Indian Reservations, any 

off-reservation 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. The State of Colorado now 

has the responsibility for managing 

underground storage tank facilities 

within its borders and carrying out all 

aspects of the UST program except for 

facilities located within ‘‘Indian 

Country,’’ where EPA will retain 

regulatory authority. Colorado also has 

primary enforcement responsibility, 

although EPA retains the right to 

conduct inspections under section 9005 

of RCRA 42 U.S.C. 6991d and to take 


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Federal Register / Vol. 72, No. 55 / Thursday, March 22, 2007 / Rules and Regulations 13447 

enforcement actions under section 9006 

of RCRA 42 U.S.C. 6991e. 

IV. Statutory and Executive Order 

Reviews 

This rule only applies to the Colorado 

Department of Labor & Employment’s 

underground storage tank program 

requirements pursuant to RCRA section 

9004 and imposes no requirements 

other than those imposed by State law 

(see Supplementary Information). 

Therefore, this rule complies with 

applicable executive orders and 

statutory provisions as follows. 

1. Executive Order 12866: Regulatory 

Planning Review—The Office of 

Management and Budget has exempted 

this rule from its review under 

Executive Order (EO) 12866. 

2. Paperwork Reduction Act: This rule 

does not impose an information 

collection burden under the Paperwork 

Reduction Act. 

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. 

4. 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, as described 

in the Unfunded Mandates Reform Act. 

5. Executive Order 13132: 

Federalism—EO 13132 does not apply 

to this rule because it will not have 

federalism implications (i.e., 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 the various 

levels of government). 

6. Executive Order 13175: 

Consultation and Coordination with 

Indian Tribal Governments—EO 13175 

does not apply to this rule because it 

will not have tribal implications (i.e., 

substantial direct effects on one or more 

Indian tribes, on the relationship 

between the Federal Government and 

Indian tribes, or on the distribution of 

power and responsibilities between the 

Federal Government and Indian tribes). 

7. Executive Order 13045: Protection 

of Children from Environmental Health 

& Safety Risks: This rule is not subject 

to EO 13045 because it is not 

economically significant and it is not 

based on health or safety risks. 

8. Executive Order 13211: Actions 

that Significantly Affect Energy Supply, 

Distribution, or Use: This rule is not 

subject to EO 13211 because it is not a 

significant regulatory action as defined 

in EO 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, 12(d) (15 U.S.C. 

272 note) 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 

standards 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 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, State program 

approval, Underground storage tanks. 

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 

6991(c). 

Dated: March 15, 2007. 

Kerrigan G. Clough, 

Deputy Regional Administrator, Region 8. 

[FR Doc. E7–5263 Filed 3–21–07; 8:45 am] 

BILLING CODE 6560–50–P 


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