[Federal Register Volume 72, Number 55 (Thursday, March 22, 2007)]
[Rules and Regulations]
[Pages 13446-13447]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E7-5263]


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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.

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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

[[Page 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]
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