25366 Federal Register / Vol. 77, No. 83 / Monday, April 30, 2012 / Rules and Regulations 

States prior to publication of the rule in 

the Federal Register. A major rule 

cannot take effect until 60 days after it 

is published in the Federal Register. 

This action is not a ‘‘major rule’’ as 

defined by 5 U.S.C. 804(2). 

Under section 307(b)(1) of the Clean 

Air Act, petitions for judicial review of 

this action must be filed in the United 

States Court of Appeals for the 

appropriate circuit by June 29, 2012. 

Filing a petition for reconsideration by 

the Administrator of this final rule does 

not affect the finality of this action for 

the purposes of judicial review nor does 

it extend the time within which a 

petition for judicial review may be filed, 

and shall not postpone the effectiveness 

of such rule or action. This action may 

not be challenged later in proceedings to 

enforce its requirements. (See section 

307(b)(2).) 

List of Subjects in 40 CFR Part 52 

Environmental protection, Air 

pollution control, Ozone, Reporting and 

recordkeeping requirements. 

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

Dated: April 4, 2012. 

Mark J. Hague, 

Acting Regional Administrator, Region 7. 

Dated: April 18, 2012. 

Susan Hedman, 

Regional Administrator, Region 5. 

40 CFR part 52 is amended as follows: 

PART 52—[AMENDED] 

■ 1. The authority citation for part 52 

continues to read as follows: 

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

Subpart O—Illinois 

■ 2. In § 52.726, paragraph (kk) is added 

to read as follows: 

§ 52.726 Control Strategy: Ozone. 

* * * * * 

(kk) Determination of attainment. 

EPA has determined, as of June 9, 2011, 

that the St. Louis (MO-IL) metropolitan 

1997 8-hour ozone nonattainment area 

has attained the 1997 8-hour ozone 

NAAQS. This determination, in 

accordance with 40 CFR 51.918, 

suspends the requirements for this area 

to submit an attainment demonstration, 

associated reasonably available control 

measures, reasonable further progress, 

contingency measures, and other plan 

elements related to attainment of the 

standards for as long as the area 

continues to meet the 1997 Ozone 

NAAQS. In addition, based upon EPA’s 

review of the air quality data for the 3- 

year period 2007 to 2009, the St. Louis 

(MO-IL) ozone nonattainment area has 

attained the 1997 8-hour ozone NAAQS 

by the applicable attainment date of 

June 15, 2010. 

Subpart AA—Missouri 

■ 3. In § 52.1342, paragraph (a) is 

revised to read as follows: 

§ 52.1342 Control strategy: Ozone. 

(a) Determination of attainment. EPA 

has determined, as of June 9, 2011, that 

the St. Louis (MO-IL) metropolitan 1997 

8-hour ozone nonattainment area has 

attained the 1997 8-hour ozone NAAQS. 

This determination, in accordance with 

40 CFR 51.918, suspends the 

requirements for this area to submit an 

attainment demonstration, associated 

reasonably available control measures, 

reasonable further progress, contingency 

measures, and other plan elements 

related to attainment of the standards 

for as long as the area continues to meet 

the 1997 Ozone NAAQS. In addition, 

based upon EPA’s review of the air 

quality data for the 3-year period 2007 

to 2009, the St. Louis (MO-IL) ozone 

nonattainment area has attained the 

1997 8-hour ozone NAAQS by the 

applicable attainment date of June 15, 

2010. 

* * * * * 

[FR Doc. 2012–10207 Filed 4–27–12; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 282 

[EPA–R10–UST–2011–0097; FRL–9615–4] 

Underground Storage Tank Program: 

Approved State Program for the State 

of Oregon 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Direct final rule. 

SUMMARY: The Resource Conservation 

and Recovery Act of 1976 (RCRA), as 

amended, authorizes the United States 

Environmental Protection Agency (EPA) 

to grant approval to any State to operate 

its underground storage tank program in 

the State in lieu of the federal program. 

The regulation codifies EPA’s decision 

to approve State programs and 

incorporates by reference those 

provisions of the State statutes and 

regulations that will be subject to EPA’s 

inspection and enforcement authorities 

under sections 9005 and 9006 of RCRA 

subtitle I and other applicable statutory 

and regulatory provisions. This rule 

codifies the prior approval of Oregon’s 

underground storage tank program and 

incorporates by reference appropriate 

provisions of state statutes and 

regulations. 

DATES: This regulation is effective June 

29, 2012, unless EPA publishes a prior 

Federal Register document withdrawing 

this direct final rule. All comments on 

the codification of Oregon’s 

underground storage tank program must 

be received by the close of business May 

30, 2012. The incorporation by reference 

of certain publications listed in the 

regulations is approved by the Director 

of the Federal Register, as of June 29, 

2012, in accordance with 5 U.S.C. 552(a) 

and 1 CFR part 51. 

ADDRESSES: Comments may be 

submitted, 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. 

• Email: griffith.katherine@epa.gov. 

• Mail: Katherine Griffith, U. S. 

Environmental Protection Agency, 

Region 10, 1200 Sixth Avenue, Suite 

900, Mail Stop: OCE–082, Seattle, WA 

98101. 

• Comments received by EPA may be 

inspected in the public docket online 

and in the EPA Region 10 Library, 1200 

Sixth Avenue, Seattle, WA 98101, from 

9 a.m. to 12 p.m. and 1 p.m. to 4 p.m., 

Monday through Friday, excluding 

Federal holidays. 

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 email. 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 email comment directly 

to EPA without going through http:// 

www.regulations.gov your email 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 


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Federal Register / Vol. 77, No. 83 / Monday, April 30, 2012 / Rules and Regulations 25367 

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. 

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, email: 

griffith.katherine@epa.gov. 

SUPPLEMENTARY INFORMATION: 

A. Background 

Section 9004 of the Resource 

Conservation and Recovery Act of 1976 

(RCRA), as amended, 42 U.S.C. 6991c, 

authorizes the United States 

Environmental Protection Agency (EPA) 

to approve a State to operate its 

underground storage tank program in 

the State in lieu of the federal 

underground storage tank program. EPA 

published a Federal Register document 

announcing its decision to grant 

approval to Oregon on September 16, 

2011, and approval was effective on 

September 16, 2011 (76 FR 57659). 

EPA codifies its approval of State 

programs in 40 CFR part 282 and 

incorporates by reference therein those 

provisions of the State statutes and 

regulations that are subject to EPA’s 

inspection and enforcement authorities 

under sections 9005 and 9006 of subtitle 

I of RCRA, 42 U.S.C. 6991d and 6991e, 

and other applicable statutory and 

regulatory provisions. Today’s 

rulemaking codifies EPA’s approval of 

Oregon’s underground storage tank 

program. This codification reflects the 

State program in effect at the time EPA 

grants Oregon approval under section 

9004, 42 U.S.C. 6991c, for its 

underground storage tank program. 

Notice and opportunity for comment 

were provided earlier on the Agency’s 

decision to approve the Oregon 

program, and EPA is not now reopening 

that decision nor requesting comment 

on it. 

This effort provides clear notice to the 

public of the scope of the approved 

program in each state. By codifying the 

approved Oregon program and by 

amending the Code of Federal 

Regulations (CFR) whenever a new or 

different set of requirements is approved 

in Oregon, the status of federallyapproved requirements of the Oregon 

program will be readily discernible. 

Only those provisions of the Oregon 

underground storage tank program EPA 

has approved will be incorporated by 

reference for enforcement purposes. 

To codify EPA’s approval of Oregon’s 

underground storage tank program, EPA 

has added § 282.87 to Title 40 of the 

CFR. Section 282.87(d)(1)(i) 

incorporates by reference for 

enforcement purposes the State’s 

statutes and regulations. Section 282.87 

also references the Attorney General’s 

Statement, Demonstration of Adequate 

Enforcement Procedures, the Program 

Description, and the Memorandum of 

Agreement, which are approved as part 

of the underground storage tank 

program under subtitle I of RCRA. 

EPA retains the authority under 

sections 9003(h), 9005 and 9006 of 

subtitle I of RCRA, 42 U.S.C. 6991b(h), 

6991d and 6991e, and other applicable 

statutory and regulatory provisions to 

undertake corrective actions, 

inspections and enforcement in 

approved States. With respect to such 

actions, EPA will rely on federal 

sanctions, federal inspection authorities, 

and federal procedures rather than the 

State authorized analogues to these 

provisions. Therefore, the approved 

Oregon enforcement authorities will not 

be incorporated by reference. Section 

282.87 lists those approved Oregon 

authorities that would fall into this 

category. 

The public also needs to be aware that 

some provisions of the State’s 

underground storage tank program are 

not part of the federally-approved State 

program, because such provisions are 

‘‘broader in scope’’ than subtitle I of 

RCRA. See 40 CFR 281.12(a)(3)(ii). As a 

result, State provisions which are 

‘‘broader in scope’’ than the federal 

program are not incorporated by 

reference for purposes of enforcement in 

Part 282. Section 282.87 of the 

codification simply lists for reference 

and clarity the Oregon statutory and 

regulatory provisions which are 

‘‘broader in scope’’ than the federal 

program and which are not, therefore, 

part of the approved program being 

codified today. ‘‘Broader in scope’’ 

provisions cannot be enforced by EPA; 

the State, however, will continue to 

implement and enforce such provisions. 

B. Statutory and Executive Order 

Review 

This final 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 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 

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. 

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 

because the 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. 

4. Unfunded Mandates Reform Act 

Because today’s rulemaking codifies 

pre-existing requirements under Oregon 

state law and does not impose any 

additional enforceable duty beyond that 

required by Oregon 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 

Executive Order 13132 does not apply 

to this rule because this final 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. 


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6. Executive Order 13175: Consultation 

and Coordination With Indian Tribal 

Governments 

Executive Order 13175 does not apply 

because this rule does 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). EPA 

retains its authority in Indian Country. 

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 will 

codify a state program. 

8. Executive Order 13211: Actions That 

Significantly Affect Energy Supply, 

Distribution, or Use 

This rule is not subject to Executive 

Order 13211 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’’), (15 U.S.C. 

272), directs EPA to provide Congress, 

through OMB, explanations when the 

Agency decides not to use available and 

applicable voluntary consensus 

standards. This rulemaking does not 

involve technical standards. Therefore, 

the NTTAA does not apply. 

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 rule will not 

have disproportionately high and 

adverse human health or environmental 

effects on minority or low-income 

populations. This rule does not affect 

the level of protection provided to 

human health or the environment 

because this rule codifies pre-existing 

State rules which are no less stringent 

than existing Federal requirements. 

11. Submission to Congress and the 

General Accounting Office 

Under 5 U.S.C. 801(a)(1)(A) as added 

by the Small Business Regulatory 

Enforcement Fairness Act of 1996, EPA 

submitted a report containing this rule 

and other required information to the 

U.S. Senate, the U.S. House of 

Representatives and the Comptroller 

General of the General Accounting 

Office prior to publication of the rule in 

today’s Federal Register. This rule is 

not a ‘‘major rule’’ as defined by 5 

U.S.C. 804(2). 

List of Subjects in 40 CFR Part 282 

Environmental protection, Hazardous 

substances, Incorporation by reference, 

Intergovernmental relations, State 

program approval, Underground storage 

tanks and Water pollution control. 

Authority: This document is issued under 

the authority of Section 9004 of the Resource 

Conservation and Recovery Act of 1976 

(RCRA), as amended, 42 U.S.C. 6991c. 

Dated: April 10, 2012. 

Dennis J. McLerran, 

Regional Administrator, Region 10. 

For the reasons set forth in the 

preamble, 40 CFR part 282 is amended 

as follows: 

PART 282—APPROVED 

UNDERGROUND STORAGE TANK 

PROGRAMS 

■ 1. The authority citation for part 282 

continues to read as follows: 

Authority: 42 U.S.C. 6912, 6991c, 6991d, 

and 6991e. 

Subpart B—Approved State Programs 

■ 2. Add § 282.87 to subpart B to read 

as follows: 

§ 282.87 Oregon State-Administered 

Program. 

(a) The State of Oregon is approved to 

administer and enforce an underground 

storage tank program in lieu of the 

federal program under subtitle I of the 

Resource Conservation and Recovery 

Act of 1976 (RCRA), as amended, 42 

U.S.C. 6991 et seq. The State’s program, 

as administered by the Oregon 

Department of Environmental Quality, 

was approved by EPA pursuant to 42 

U.S.C. 6991c and Part 281 of this 

Chapter. EPA published the notice of 

final determination approving the 

Oregon underground storage tank 

program on September 16, 2011, and it 

became effective on that date. 

(b) Oregon has primary responsibility 

for enforcing its underground storage 

tank program. However, EPA retains the 

authority to exercise its corrective 

action, inspection and enforcement 

authorities under sections 9003(h), 9005 

and 9006 of subtitle I of RCRA, 42 

U.S.C. 6991b(h), 6991d and 6991e, as 

well as its authority under other 

statutory and regulatory provisions. 

(c) To retain program approval, 

Oregon must revise its approved 

program to adopt new changes to the 

federal subtitle I program which make it 

more stringent, in accordance with 

section 9004 of RCRA, 42 U.S.C. 6991c, 

and 40 CFR part 281, subpart E. If 

Oregon obtains approval for the revised 

requirements pursuant to section 9004 

of RCRA, 42 U.S.C. 6991c, the newly 

approved statutory and regulatory 

provisions will be added to this subpart 

and notice of any change will be 

published in the Federal Register. 

(d) Oregon has final approval for the 

following elements submitted to EPA in 

its program application as of September 

16, 2011. 

(1) State statutes and regulations. (i) 

The provisions cited in this paragraph 

are incorporated by reference as part of 

the underground storage tank program 

under subtitle I of RCRA, 42 U.S.C. 6991 

et seq. with the approval of the Director 

of the Federal Register under 5 U.S.C. 

552(a) and 1 CFR Part 51. To enforce 

any edition other than that specified in 

this section, the Environmental 

Protection Agency must publish notice 

of change in the Federal Register and 

the material must be available to the 

public. All approved material is 

available for inspection at the National 

Archives and Records Administration 

(NARA). For information on the 

availability of the material at NARA, 

call 202–741–6030 or go to http:// 

www.archives.gov/federal_register/ 

code_of_federal_regulations/ 

ibr_locations.html. Copies of Oregon’s 

program application may be obtained 

from the Underground Storage Tank 

Program, Oregon Department of 

Environmental Quality, 811 SW Sixth 

Avenue, Portland, Oregon, 97204. 

(A) Oregon Statutory Requirements 

Applicable to the Underground Storage 

Tank Program, 2009. 

(B) Oregon Regulatory Requirements 

Applicable to the Underground Storage 

Tank Program, 2009. 

(ii) EPA considered the following 

statutes and regulations in evaluating 

the State program, but did not 

incorporate them by reference. 


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Federal Register / Vol. 77, No. 83 / Monday, April 30, 2012 / Rules and Regulations 25369 

(A) The statutory provisions include: 

(1) Oregon Revised Statutes, Chapter 

183, Administrative Procedures Act, 

2009, insofar as the provisions and 

procedures apply to the underground 

storage tank program. 

(2) Chapter 465, Hazardous Waste and 

Hazardous Materials I (Removal or 

Remedial Action: Sections 465.200– 

465.482 and 465.900), insofar as these 

provisions apply to matters involving an 

‘‘underground storage tank’’ as that term 

is defined in ORS 466.706(21), as 

limited by the exclusions listed in ORS 

466.710, except that the term does not 

include a tank used for storing heating 

oil for consumptive use on the premises 

where stored. The following Sections 

are part of the approved state program, 

although not incorporated by reference 

herein for enforcement purposes: 

Sections 465.205 through 465.250, 

465.257 through 465.300, 465.310 

through 465.335, 465.400 through 

465.435, 465.445 through 465.455 and 

465.900. 

(3) Chapter 466, Hazardous Waste and 

Hazardous Materials II (Oil Storage 

Tanks: Sections 466.706–466.920 and 

Sections 466.990–466.995), insofar as 

these provisions apply to matters 

involving an ‘‘underground storage 

tank’’ as that term is defined in ORS 

466.706(21), as limited by the 

exclusions listed in ORS 466.710, 

except that the term does not include a 

tank used for storing heating oil for 

consumptive use on the premises where 

stored. The following Sections are part 

of the approved state program, although 

not incorporated by reference herein for 

enforcement purposes: Sections 466.715 

through 466.735, 466.746, 466.760, 

466.775 through 466.780, 466.791 

through 466.810, 466.820, 466.830 

through 466.845, 466.901 through 

466.920 and 466.994 through 466.995. 

(4) Chapter 468 Environmental 

Quality Generally, insofar as these 

provisions apply to matters involving an 

‘‘underground storage tank’’ as that term 

is defined in ORS 466.706(21), as 

limited by the exclusions listed in ORS 

466.710, except that the term does not 

include a tank used for storing heating 

oil for consumptive use on the premises 

where stored. The following Sections 

are part of the approved state program, 

although not incorporated by reference 

herein for enforcement purposes: 

Sections 468.005 through 468.050, 

468.090 through 468.140 and 468.963. 

(B) The regulatory provisions include: 

(1) Oregon Administrative Rules, 

Chapter 340, Division 11: Section 340– 

11–0545 

(2) Oregon Administrative Rules, 

Chapter 340, Division 12: Sections 340– 

012–0026 through 340–012–0053, 340– 

012–0067 (with the exception of 

subparagraphs (1) (k) and (l) and (2) (g) 

through (j)), 340–012–0074 (with the 

exception of subparagraph (1) (g)) and 

340–012–0170 insofar as this applies to 

violations involving an underground 

storage tank. 

(3) Oregon Administrative Rules, 

Chapter 340, Division 122: Sections 

340–122–0074 through 340–122–0079 

and 340–122–0130 through 340–122– 

0140. 

(4) Oregon Administrative Rules, 

Chapter 340, Division 142: Section 340– 

142–0120. 

(5) Oregon Administrative Rules, 

Chapter 340, Division 150: Sections 

340–150–0150 through 340–150–0152, 

340–150–0250, 340–150–0600 through 

340–150–0620. 

(6) Oregon Code of Civil Procedure 

33C 

(7) Oregon Administrative Rules, 

Chapter 690, Division 240, insofar as 

these provisions apply to matters 

involving an ‘‘underground storage 

tank’’ as that term is defined in ORS 

466.706(21), as limited by the 

exclusions listed in ORS 466.710, 

except that the term does not include a 

tank used for storing heating oil for 

consumptive use on the premises where 

stored. The following Sections are part 

of the approved state program, although 

not incorporated by reference herein for 

enforcement purposes: Sections 690– 

240–0015, 690–240–0020, 690–240– 

0055 through 690–240–0340 and 690– 

240–0560 through 690–240–0640. 

(iii) The following specifically 

identified sections and rules applicable 

to the Oregon underground storage tank 

program that are broader in scope than 

the federal program, are not part of the 

approved program, and are not 

incorporated by reference herein for 

enforcement purposes. 

(A) The statutory provisions include: 

(1) Chapter 465, Hazardous Waste and 

Hazardous Materials I (Removal or 

Remedial Action): Sections 465.305; 

465.340 through 465.391; 465.440; and 

465.475 through 465.482. 

(2) Chapter 466, Hazardous Waste and 

Hazardous Materials II (Oil Storage 

Tanks): Sections 466.750; 466.783 

through 466.787; 466.858 through 

466.882; and 466.990 through 466.992): 

(3) Chapter 468, Environmental 

Quality Generally: Sections 468.055 

through 468.089: 

(B) The regulatory provisions include: 

(1) Oregon Administrative Rules, 

Chapter 340: Divisions 160, 162, 163, 

170, 177 and 178. 

(2) Oregon Administrative Rules, 

Chapter 837, Division 40. 

(2) Statement of legal authority. The 

Attorney General Statement, a letter 

signed on June 21, 2010, though not 

incorporated by reference, is referenced 

as part of the approved underground 

storage tank program under subtitle I of 

RCRA, 

42 U.S.C. 6991 et seq. 

(3) Demonstration of procedures for 

adequate enforcement. The 

‘‘Demonstration of Procedures for 

Adequate Enforcement’’ submitted as 

part of the application for approval on 

July 19, 2010, though not incorporated 

by reference, is referenced as part of the 

approved underground storage tank 

program under subtitle I of RCRA, 42 

U.S.C. 6991 et seq. 

(4) Program Description. The program 

description and any other material 

submitted as part of the application on 

July 19, 2010, though not incorporated 

by reference, are referenced as part of 

the approved underground storage tank 

program under subtitle I of RCRA, 

42 U.S.C. 6991 et seq. 

(5) Memorandum of Agreement. The 

Memorandum of Agreement between 

EPA Region 10 and the Oregon 

Department of Environmental Quality, 

signed by the EPA, Regional 

Administrator on July 11, 2011, though 

not incorporated by reference, is 

referenced as part of the approved 

underground storage tank program 

under subtitle I of RCRA, 42 U.S.C. 6991 

et seq. 

■ 3. Appendix A to Part 282 is amended 

by adding in alphabetical order 

‘‘Oregon’’ and its listing. 

Appendix A to Part 282—State 

Requirements Incorporated by 

Reference in Part 282 of the Code of 

Federal Regulations 

* * * * * 

Oregon 

(a) The statutory provisions include: 

(1) Chapter 465, Hazardous Waste and 

Hazardous Materials I (Removal or Remedial 

Action Sections 465.200 through 465.482 and 

465.900.): 

465.200 Definitions for ORS 465.200 to 

465.545 (except for Sections 465.200(5) 

through (11) and (17) defining terms 

contained in the dry cleaning requirements; 

(13) ‘‘facility’’ insofar as it applies to a 

facility that is not an underground storage 

tank; (16) ‘‘hazardous substance’’ insofar as it 

applies to hazardous wastes and any 

substance that is not otherwise defined as a 

hazardous substance pursuant to section 

101(14) of the federal Comprehensive 

Environmental Response, Compensation and 

Liability Act or that is not oil; (28) 

‘‘underground storage tank’’ insofar as it 

includes any tank or piping that is excluded 

under ORS 466.710 and also any tank used 

to store heating oil for consumptive use on 

the premises where stored.) 

465.255 Strict liability for remedial action 

costs for injury or destruction of natural 


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resource; limited exclusions (except insofar 

as this includes a person who is not an owner 

or operator of an underground storage tank 

and except insofar as the exclusions would 

exclude persons who would be liable under 

Section 9003(h)(6) of RCRA). 

(2) Chapter 466, Hazardous Waste and 

Hazardous Materials II (Oil Storage Tanks): 

466.706 Definitions for ORS 466.706 to 

466.882 and 466.994 (except for the 

following definitions: Section 466.706(17) 

‘‘regulated substance’’ insofar as it would 

include substances designated by the 

commission under subsection (c) that are not 

included under subsections (a) and (b) of this 

definition; (21) ‘‘underground storage tank’’ 

insofar as it includes any tank or piping that 

is excluded under ORS 466.710, and any tank 

used to store heating oil for consumptive use 

on the premises where stored.) 

466.710 Application of ORS 466.706 to 

466.882 and 466.994 

466.740 Noncomplying installation 

prohibited 

466.743 Training on operation, 

maintenance and testing; rules 

466.765 Duty of owner or permittee of 

underground storage tank 

466.770 Corrective action required on 

contaminated site 

466.815 Financial responsibility of owner 

or permittee; rules; legislative review 

466.825 Strict liability of owner or 

permittee 

(b) The regulatory provisions include: 

(1) Oregon Administrative Rules, Chapter 

340, Division 122 insofar as the following 

rules apply to a release from an underground 

storage tank, excluding tanks used to store 

heating oil for consumptive use on the 

premises where stored. 

340–122–0010 Purpose 

340–122–0030 Scope and Applicability 

340–122–0040 Standards 

340–122–0047 Generic remedies 

340–122–0050 Activities 

340–122–0070 Removal 

340–122–0071 Site Evaluation 

340–122–0072 Preliminary Assessments 

340–122–0073 Confirmation of Release 

340–122–0080 Remedial Investigation 

340–122–0084 Risk Assessment 

340–122–0085 Feasibility Study 

340–122–0090 Selection or Approval of the 

Remedial Action 

340–122–0100 Public Notice and 

Participation 

340–122–0110 Administrative Record 

340–122–0115 Definitions insofar as the 

definition applies to an underground 

storage tank, excluding tanks used to 

store heating oil for consumptive use on 

the premises where stored 

340–122–0120 Security Interest Exemption 

340–122–0205 Purpose 

340–122–0210 Definitions except insofar as 

the definition of ‘‘responsible person’’ 

includes a person who does not own or 

operate an underground storage tank 

340–122–0215 Scope and Applicability 

340–122–0217 Requirements and 

Remediation Options 

340–122–0218 Sampling and Analysis 

340–122–0220 Initial Response 

340–122–0225 Initial Abatement Measures 

and Site Check 

340–122–0230 Initial Site Characterization 

340–122–0235 Free Product Removal 

340–122–0240 Investigation for Magnitude 

and Extent of Contamination 

340–122–0243 Low-Impact Sites 

340–122–0244 Risk-Based Concentrations 

340–122–0250 Corrective Action Plan 

340–122–0252 Generic Remedies 

340–122–0260 Public Participation 

340–122–0320 Soil Matrix Cleanup Options 

340–122–0325 Evaluation of Matrix 

Cleanup Level 

340–122–0330 Evaluation Parameters 

340–122–0335 Numeric Soil Cleanup 

Standards 

340–122–0340 Sample Number and 

Location 

340–122–0345 Sample Collection Methods 

340–122–0355 Evaluation of Analytical 

Results 

340–122–0360 Reporting Requirements 

Grid for OAR 340–122–0330(5)(c) and Table 

for OAR 340–122–0335(2) 

(2) Oregon Administrative Rules, Chapter 

340, Division 142 insofar as the following 

rules apply to a release from an underground 

storage tank, excluding tanks used to store 

heating oil for consumptive use on the 

premises where stored. 

340–142–0001 Purpose and Scope 

340–142–0005 Definitions as Used in This 

Division Unless Otherwise Specified 

340–142–0030 Emergency Action 

340–142–0040 Required Reporting 

340–142–0050 Reportable Quantities 

340–142–0060 Cleanup Standards 

340–142–0070 Approval Required for Use 

of Chemicals 

340–142–0080 Disposal of Recovered Spill 

Materials 

340–142–0090 Cleanup Report 

340–142–0100 Sampling/Testing 

Procedures 

340–142–0130 Incident Management and 

Emergency Operations 

(3) Oregon Administrative Rules, Chapter 

340, Division 150. 

340–150–0001 Purpose 

340–150–0006 Applicability and General 

Requirements 

340–150–0008 Exemptions and Deferrals 

340–150–0010 Definitions 

340–150–0020 UST General Permit 

Registration Certificate Required except 

insofar as this provision applies to a 

person who does not own or operate an 

underground storage tank and except 

insofar as the payment of fees is required 

340–150–0021 Termination of Temporary 

Permits 

340–150–0052 Modification of Registration 

Certificates for Changes in Ownership 

and Permittee except insofar as the 

payment of fees is required 

340–150–0080 Denial, Suspension or 

Revocation of General Permit 

Registration Certificates except insofar as 

this provision applies to a person who 

does not own or operate an underground 

storage tank 

340–150–0102 Termination of Registration 

Certificates 

340–150–0110 UST General Permit 

Registration, Annual Compliance and 

Other Fees except insofar as the payment 

of fees is required 

340–150–0135 General Requirements for 

Owners and Permittees 

340–150–0140 Requirements for Sellers of 

USTs 

340–150–0156 Performance of UST 

Services by Owners or Permittees 

340–150–0160 General Permit 

Requirements for Installing an UST 

System except insofar as this provision 

applies to a person who does not own or 

operate an underground storage tank 

340–150–0163 General Permit 

Requirements for Operating an UST 

System except insofar as the payment of 

fees is required 

340–150–0166 General Permit 

Requirements for Closure of an UST 

System by Change-in-Service except 

insofar as the payment of fees is required 

340–150–0167 General Permit 

Requirements for Temporary Closure of 

an UST System except insofar as the 

payment of fees is required 

340–150–0168 General Permit 

Requirements for Decommissioning an 

UST System by Permanent Closure 

except insofar as this provision applies 

to a person who does not own or operate 

an underground storage tank and except 

insofar as the payment of fees is required 

340–150–0180 Site Assessment 

Requirements for Permanent Closure or 

Change-in-Service 

340–150–0200 Training Requirements for 

UST System Operators and Emergency 

Response Information 

340–150–0210 Training Requirements for 

UST Operators 

340–150–0300 Installation of USTs and 

Piping 

340–150–0302 Installation of Used USTs 

340–150–0310 Spill and Overfill Prevention 

Equipment and Requirements 

340–150–0320 Corrosion Protection 

Performance Standards for USTs and 

Piping 

340–150–0325 Operation and Maintenance 

of Corrosion Protection 

340–150–0350 UST System Repairs 

340–150–0352 UST System Modifications 

and Additions 

340–150–0354 UST System Replacements 

340–150–0360 Requirements for Internally 

Lined USTs 

340–150–0400 General Release Detection 

Requirements for Petroleum UST 

Systems 

340–150–0410 Release Detection 

Requirements and Methods for 

Underground Piping 

340–150–0420 Release Detection 

Requirements for Hazardous Substance 

UST Systems 

340–150–0430 Inventory Control Method of 

Release Detection 

340–150–0435 Statistical Inventory 

Reconciliation Method of Release 

Detection 

340–150–0440 Manual Tank Gauging 

Release Detection Method 

340–150–0445 Tank Tightness Testing for 

Release Detection and Investigation 

340–150–0450 Automatic Tank Gauging 

Release Detection Method 

340–150–0455 Vapor Monitoring Release 

Detection Method 


srobinson on DSK4SPTVN1PROD with RULES
Federal Register / Vol. 77, No. 83 / Monday, April 30, 2012 / Rules and Regulations 25371 

340–150–0460 Groundwater Monitoring 

Release Detection Method 

340–150–0465 Interstitial Monitoring 

Release Detection Method 

340–150–0470 Other Methods of Release 

Detection 

340–150–0500 Reporting Suspected 

Releases 

340–150–0510 Suspected Release 

Investigation and Confirmation Steps 

340–150–0520 Investigation Due to Off Site 

Impacts 

340–150–0540 Applicability to Previously 

Closed UST Systems 

340–150–0550 Definitions for OAR 340– 

150–0555 and 340–150–0560 

340–150–0555 Compliance Dates for USTs 

and Piping 

340–150–0560 Upgrading Requirements for 

Existing UST Systems 

APPENDIX A Installation of USTs and 

Piping 

APPENDIX B Installation of USTs and 

Piping 

APPENDIX C Spill and Overfill Prevention 

Equipment and Requirements 

APPENDIX D1 USTs Corrosion Protection 

Performance Standards for USTs and 

Piping 

APPENDIX D2 Piping Corrosion Protection 

Performance Standards for USTs and 

Piping 

APPENDIX E1 USTs Corrosion Protection 

Performance Standards for USTs and 

Piping 

APPENDIX E2 Piping Corrosion Protection 

Performance Standards for USTs and 

Piping 

APPENDIX F Corrosion Protection 

Performance Standards for USTs and 

Piping 

APPENDIX G Operation and Maintenance 

of Corrosion Protection 

APPENDIX H UST System Repairs & UST 

System Modifications and Additions 

APPENDIX I General Release Detection 

Requirements for All UST Systems 

APPENDIX J General Guidance Documents 

for UST Owners and Permittees 

APPENDIX K Site Assessment 

Requirements for Permanent Closure or 

Change-in-Service 

APPENDIX L Training Elements 

(4) Oregon Administrative Rules, Chapter 

340, Division 151 

340–151–0001 Purpose 

340–151–0010 Scope and Applicability 

340–151–0015 Adoption and Applicability 

of United States Environmental 

Protection Agency Regulations 

340–151–0020 Definitions 

340–151–0025 Oregon-Specific Financial 

Responsibility Requirements 

(5) Oregon Administrative Rules, Chapter 

690, Division 240, insofar as it pertains to 

underground storage tanks, excluding tanks 

used to store heating oil for consumptive use 

on the premises where stored. 

690–240–0005 Introduction 

690–240–0006 Special Standards 

690–240–0007 Special Area Standards 

690–240–0010 Definitions 

690–240–0011 Organic Materials 

690–240–0012 Public Safety 

690–240–0013 Wells Cannot Be Used for 

Disposal of Contaminants 

690–240–0014 Water Used Must Be Potable 

690–240–0016 Unattended Wells 

690–240–0024 Well Identification Label 

690–240–0026 Well Identification Label 

Maintenance 

690–240–0030 Other Holes; General 

Performance and Responsibility 

Requirements 

690–240–0035 Geotechnical Holes: General 

Performance and Responsibility 

Requirements 

690–240–0355 Monitoring Well Drilling 

Machines 

690–240–0375 Monitoring Well 

Construction Notice Required (Start 

Card) 

690–240–0385 Start Card Reporting 

Requirements 

690–240–0395 Monitoring Well Report 

Required (Monitoring Well Log) 

690–240–0410 Monitoring Well 

Construction: General 

690–240–0420 Well Protection 

690–240–0430 Casing 

690–240–0440 Additional Standards for 

Artesian Monitoring Wells 

690–240–0450 Cleaning 

690–240–0460 Monitoring Well Screen, 

Filter Pack, and Filter Pack Seal 

690–240–0475 Well Seals 

690–240–0485 Monitoring Well 

Development 

690–240–0500 Completion of Monitoring 

Wells 

690–240–0510 Abandonment of Monitoring 

Wells 

690–240–0525 Piezometers 

690–240–0540 Direct Push Monitoring 

Wells and Piezometers 

690–240–0550 Evidence of Failure 

[FR Doc. 2012–9931 Filed 4–27–12; 8:45 am] 

BILLING CODE 6560–50–P 

DEPARTMENT OF TRANSPORTATION 

Federal Motor Carrier Safety 

Administration 

49 CFR Part 375 

[Docket No. FMCSA–2012–0101] 

RIN 2126–AB51 

Transportation of Household Goods in 

Interstate Commerce; Consumer 

Protection Regulations: Released 

Rates of Motor Carriers of Household 

Goods 

AGENCY: Federal Motor Carrier Safety 

Administration (FMCSA), DOT. 

ACTION: Final rule. 

SUMMARY: FMCSA harmonizes its 

regulations with a recent Surface 

Transportation Board (STB) order that 

requires certain information about 

household goods motor carrier liability 

to appear on the estimates and bills of 

lading that carriers must provide to 

individual shippers. 

DATES: This final rule is effective May 

15, 2012. 

ADDRESSES: Documents mentioned in 

this rule are available for inspection or 

copying in the docket, Docket No. 

FMCSA–2012–0101 available at 

www.regulations.gov, and at the Docket 

Management Facility, U.S. Department 

of Transportation, Ground floor, Room 

W12–140, 1200 New Jersey Avenue SE., 

Washington, DC, between 9 a.m. and 

5 p.m., e.t., Monday through Friday, 

except Federal holidays. 

FOR FURTHER INFORMATION CONTACT: Mr. 

Brodie Mack, FMCSA Household Goods 

Enforcement and Compliance Team 

Leader, (202) 385–2400, email: 

Brodie.Mack@dot.gov. 

SUPPLEMENTARY INFORMATION: 

I. Legal Basis for the Rulemaking 

The Secretary of Transportation’s 

(Secretary) general jurisdiction to 

establish regulations over transportation 

of property by motor carrier is found at 

49 U.S.C. 13501. Household goods 

motor carriers are a subset of all 

property motor carriers and are required 

by 49 U.S.C. 13902 to register with 

FMCSA as household goods motor 

carriers. 

The ICC Termination Act of 1995 

(Pub. L. 104–88, 109 Stat. 803, Dec. 29, 

1995) abolished the Interstate 

Commerce Commission (ICC), which 

previously had jurisdiction over the 

commercial activities of household 

goods motor carriers. Its functions 

relating to household goods carriers 

were split between the STB and the 

Secretary. The STB was given 

jurisdiction over most tariff issues, 

while the Secretary was given 

jurisdiction over consumer protection 

matters. 

The Secretary has delegated these 

authorities to the FMCSA Administrator 

(49 CFR 1.73(a)). This rulemaking 

applies only to household goods motor 

carriers that provide for-hire 

transportation in interstate or foreign 

commerce. 

FMCSA implements this final rule 

without notice and comment pursuant 

to 5 U.S.C. 553(b)(B). While the 

Administrative Procedure Act (APA) 

normally requires issuance of a notice of 

proposed rulemaking and an 

opportunity for public comment, the 

APA provides an exception when an 

agency ‘‘for good cause finds * * * that 

notice and public procedure * * * are 

impracticable, unnecessary, or contrary 

to the public interest.’’ 5 U.S.C. 

553(b)(B). This final rule updates 49 

CFR part 375 to reflect recent changes 

the STB made to its requirements after 

engaging in notice and comment 


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