Federal Register / Vol. 63, No. 20 / Friday, January 30, 1998 /Rules and Regulations 4591

significant economic impact on a

substantial number of small entities.

This authorization approves regulatory

requirements under existing

Commonwealth law to which small

entities are already subject. It does not

impose any new burdens on small

entities. This rule, therefore, does not

require a regulatory flexibility analysis.

VI. 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 281

Environmental protection,

Administrative Practice and Procedure,

Hazardous Materials, State Program

Approval, and Underground Storage

Tanks.

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: December 10, 1997.

Jeanne M. Fox,

Regional Administrator.

[FR Doc. 98–1531 Filed 1–29–98; 8:45 am]

BILLING CODE 6560–50–P

ENVIRONMENTAL PROTECTION

AGENCY

40 CFR Part 282

[FRL 5938–6]

Underground Storage Tank Program:

Approved State Program for the

Commonwealth of Puerto Rico

AGENCY: Environmental Protection

Agency (EPA).

ACTION: Immediate 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.

40 CFR part 282 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 in part 282 the approval of the

Commonwealth of Puerto Rico’s

underground storage tank program and

incorporates by reference appropriate

provisions of the Commonwealth’s

statutes and regulations.

DATES: This regulation is effective

March 31, 1998, unless EPA publishes

a prior Federal Register document

withdrawing this immediate final rule.

All comments on the codification of the

Commonwealth of Puerto Rico’s

underground storage tank program must

be received by the close of business

March 2, 1998. The incorporation by

reference of certain publications listed

in the regulations is approved by the

Director of the Federal Register, as of

March 31, 1998, in accordance with 5

U.S.C. 552(a).

ADDRESSES: Comments may be mailed to

the Mr. John Kushwara, Chief, Ground

Water Compliance Section (DECA–

WCB), U.S. EPA Region II, 290

Broadway, 20th Floor, New York, NY

10007–1866 or Mr. Victor Trinidad,

Caribbean Environmental Protection

Division, Centro Europa Building, Suite

417, 1492 Ponce De Leon, Stop 22,

Santurce, Puerto Rico 00907–4127.

Comments received by EPA may be

inspected in the public docket, located

in the EPA Region II Library, 290

Broadway, 16th Floor, New York , New

York 10007–1866, from 9 a.m. to 4:30

p.m., Monday through Thursday and

from 9 a.m. to 1:30 p.m. on Friday,

excluding Federal holidays, Phone:

(212) 637–3185 or EPA Region II,

Caribbean Environmental Protection

Division, Centro Europa Building, 1492

Ponce De Leon Avenue, Suite 417,

Santurce, Puerto Rico 00907–4127,

Phone: (787) 729–6951.

FOR FURTHER INFORMATION CONTACT:

Madho Ramnarine Singh, U.S. EPA

Region II, Water Compliance Branch

(DECA–EWCB), 290 Broadway, New

York, NY 10007–1866. Phone: (212)

637–4237 or Mr. Victor Trinidad,

Caribbean Environmental Protection

Division, Centro Europa Building, Suite

417, 1492 Ponce De Leon Avenue, Stop

22, Santurce, Puerto Rico 00907–4127,

Phone: (787) 729–6951.

SUPPLEMENTARY INFORMATION:

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 grant approval to any State, which

term includes the Commonwealth of

Puerto Rico pursuant to Section

1004(31) of RCRA, 42 U.S.C. 6903(31),

to operate its underground storage tank

program in the State in lieu of the

federal underground storage tank

program. EPA is publishing a Federal

Register document announcing its

decision to grant approval to

Commonwealth of Puerto Rico

concurrently with this document.

Approval will be effective on March 31,

1998.

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 will be 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

the Commonwealth of Puerto Rico’s

underground storage tank program. This

codification reflects the State program

in effect at the time EPA grants the

Commonwealth’s approval under

section 9004(a), 42 U.S.C. 6991c(a) for

its underground storage tank program.

Notice and opportunity for comment

were provided earlier on EPA’s tentative

determination to approve the

Commonwealth of Puerto Rico 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 the Commonwealth of

Puerto Rico. Codifying and

incorporating by reference the

Commonwealth’s statutes and

regulations does not restrict in any way

federal authority to promulgate new

laws or regulations relating to subtitle I

of RCRA or to act otherwise pursuant to

federal authority. By codifying the

approved Commonwealth of Puerto Rico

program and by amending the Code of

Federal Regulations whenever a new or

different set of requirements is approved

in Puerto Rico, the status of federally

approved requirements of the

Commonwealth of Puerto Rico program

will be readily discernible. Only those

provisions of the Commonwealth’s

underground storage tank program for

which approval has been granted by

EPA may be incorporated by reference

for enforcement purposes.

To codify EPA’s approval of the

Commonwealth of Puerto Rico’s

underground storage tank program, EPA

has added section 282.102 to Title 40 of

the CFR. Section 282.102 incorporates

by reference for enforcement purposes

the Commonwealth’s statutes and

regulations. Section 282.102 also

references the Attorney General’s
4592 Federal Register / Vol. 63, No. 20 / Friday, January 30, 1998 /Rules and Regulations

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. With

regard to the statutory references

contained in the Attorney General’s

Statement, the Commonwealth of Puerto

Rico has chosen to cite to Articles in a

compilation of the Commonwealth’s

statute in its amended form, rather than

to corresponding Sections in the

codified version of that amended

statute.

EPA retains the authority under

sections 9003(h)(1), 9005 and 9006 of

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

6991b(h)(1), 6991d and 6991e, and other

applicable statutory and regulatory

provisions to undertake inspections,

enforcement and corrective actions in

approved States. With respect to such

actions, EPA will rely on federal

sanctions, federal authorities, and

federal procedures rather than the State

authorized analogues to these

provisions. Therefore, the approved

Commonwealth of Puerto Rico

enforcement authorities will not be

incorporated by reference. Section

282.102 lists those approved

Commonwealth authorities that would

fall into this category.

The public also needs to be aware that

some provisions of the Commonwealth’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 282.102 of the

codification simply lists for reference

and clarity the Commonwealth of Puerto

Rico 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 Commonwealth of Puerto Rico,

however, will continue to implement

and enforce such provisions.

Certification Under the Regulatory

Flexibility Act

EPA has determined that this

codification will not have a significant

economic impact on a substantial

number of small entities. Such small

entities which own and/or operate USTs

are already subject to the

Commonwealth requirements

authorized by EPA under 40 CFR Part

281. EPA’s codification does not impose

any additional burdens on these small

entities. This is because EPA’s

codification would simply result in an

administrative change, rather than a

change in the substantive requirements

imposed on small entities.

Therefore, EPA provides the following

certification under the Regulatory

Flexibility Act, as amended by the

Small Business Regulatory Enforcement

Fairness Act. Pursuant to the provision

at 5 U.S.C. 605(b), I hereby certify that

this codification will not have a

significant economic impact on a

substantial number of small entities.

This codification incorporates the

Commonwealth of Puerto Rico’s

requirements which have been

authorized by EPA under 40 CFR Part

281 into the Code of Federal

Regulations. It does not impose any new

burdens on small entities. This rule,

therefore, does not require a regulatory

flexibility analysis.

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 this rule in

today’s Federal Register. This rule is

not a ‘‘major rule’’ as defined by 5

U.S.C. 804(2).

Unfunded Mandates Reform Act

Title II of the Unfunded Mandates

Reform Act of 1995 (UMRA), P.L. 104–

4, establishes requirements for federal

agencies to assess the effects of certain

regulatory actions on State, local, and

tribal governments and the private

sector. Under sections 202 and 205 of

the UMRA, EPA generally must prepare

a written statement of economic and

regulatory alternatives analyses for

proposed and final rules with federal

mandates, as defined by the UMRA, that

may result in expenditures to State,

local, and tribal governments, in the

aggregate, or to the private sector, of

$100 million or more in any one year.

The section 202 and 205 requirements

do not apply to today’s action because

it is not a ‘‘federal mandate’’ and

because it does not impose annual costs

of $100 million or more.

Today’s rule contains no federal

mandates for State, local or tribal

governments or the private sector for

two reasons. First, today’s action does

not impose new or additional

enforceable duties on any State, local or

tribal governments or the private sector

because it merely makes federally

enforceable existing requirements with

which regulated entities must already

comply under Commonwealth law.

Second, the Act also generally excludes

from the definition of a ‘‘federal

mandate’’ duties that arise from

participation in a voluntary federal

program. The requirements being

codified today are the result of the

Commonwealth of Puerto Rico’s

voluntary participation in accordance

with RCRA subtitle I.

Even if today’s rule did contain a

federal mandate, this rule will not result

in annual expenditures of $100 million

or more for State, local, and/or tribal

governments in the aggregate, or the

private sector because today’s action

merely codifies an existing

Commonwealth program that EPA is

authorizing. Thus, today’s rule is not

subject to the requirements of sections

202 and 205 of the UMRA.

The requirements of section 203 of

UMRA also do not apply to this action.

Before EPA establishes any regulatory

requirements that may significantly or

uniquely affect small governments,

section 203 of UMRA requires EPA to

develop a small government agency

plan. This rule contains no regulatory

requirements that might significantly or

uniquely affect small governments. EPA

recognizes that although small

governments may own and/or operate

USTs, this codification incorporates into

the Code of Federal Regulations the

Commonwealth of Puerto Rico’s

requirements which are being

authorized concurrently by EPA under

40 CFR part 281 and, thus, small

governments are not subject to any

additional significant or unique

requirements by virtue of this

codification.

Compliance With Executive Order

12866

The Office of Management and Budget

has exempted this rule from the

requirements of Section 6 of Executive

Order 12866.

Paperwork Reduction Act

Under the Paperwork Reduction Act,

44 U.S.C. 3501 et seq., federal agencies

must consider the paperwork burden

imposed by any information request

contained in a proposed or final rule.

This rule will not impose any

information requirements upon the

regulated community.

List of Subjects In 40 CFR Part 282

Environmental protection, Hazardous

substances, Incorporation by reference,

Intergovernmental relations, State
Federal Register / Vol. 63, No. 20 / Friday, January 30, 1998 /Rules and Regulations 4593

program approval, Underground storage

tanks, Water pollution control.

Dated: December 10, 1997.

Jeanne M. Fox,

Regional Administrator, Region 2.

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, 6991b(h)(1),

6991c, 6991d, and 6991e.

Subpart B—Approved State Programs

2. Subpart B is amended by adding

§ 282.102 to read as follows:

§ 282.102 Puerto Rico State-Administered

Program.

(a) The Commonwealth of Puerto Rico

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

Commonwealth’s program, as

administered by the Commonwealth of

Puerto Rico Environmental Quality

Board, is approved by EPA pursuant to

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

chapter. EPA is publishing the notice of

final determination on the approved

Commonwealth of Puerto Rico

underground storage tank program

concurrently with this notice and it will

be effective on March 31, 1998.

(b) The Commonwealth of Puerto Rico

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)(1), 9005 and 9006 of

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

6991b(h)(1), 6991d and 6991e, as well as

its authority under other statutory and

regulatory provisions.

(c) To retain program approval, the

Commonwealth of Puerto Rico 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 the Commonwealth

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) The Commonwealth of Puerto Rico

has final approval for the following

elements submitted to EPA in its

program application for final approval

and to be published in the Federal

Register concurrently with this notice,

and to be effective on March 31, 1998.

Copies may be obtained from the

Underground Storage Tank Program,

Puerto Rico Environmental Quality

Board, 431 Ponce De Leon Avenue,

Nacional Plaza, Suite 614, Hato Rey, PR

00917, Phone: (787) 767–8109.

(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.

(A) Puerto Rico Statutory

Requirements Applicable to the

Underground Storage Tank Program,

1997.

(B) Puerto Rico Regulatory

Requirements Applicable to the

Underground Storage Tank Program,

1997.

(ii) The following specifically

identified sections and rules in the

Commonwealth of Puerto Rico’s

statutes, regulations and rules are part of

the approved Commonwealth program,

although not incorporated by reference

herein for enforcement purposes.

(A) The statutory provisions include:

(1) Public Policy Environmental Act

of 1970, Act Number 9, June 18, 1970,

as amended, 12 Laws of Puerto Rico

Annotated (L.P.R.A.) § 1121 et seq.

(i) Section 1131 Functions and duties

[Insofar as paragraphs (10), (12), (13),

(19), (22), (23), (25), (26), (29), and

(30) set forth enforcement authorities.]

(ii) Section 1134 Hearings, orders and

judicial proceedings

(iii) Section 1136 Penalty

(iv) Section 1139 Civil actions

(v) Section 1142 Powers [Insofar as

(b)(5) sets forth enforcement

authorities.]

(2) Puerto Rico Environmental

Emergency Fund Act, 12 L.P.R.A. § 1269

et seq.

(B) The regulatory provisions include:

(1) Underground Storage Tank Control

Regulations, Regulation Number 4362,

promulgated by the Commonwealth of

Puerto Rico Environmental Quality

Board on November 7, 1990.

(2) Part X—General Provisions.

(i) Rule 1005 Right of Entry

(ii) Rule 1007 Notice of Violation and

Compliance Order

(iii) Rule 1008 Closure of an

Underground Storage Tank

(iv) Rule 1010 Penalties

(C) Other provisions include:

(1) Puerto Rico Civil Procedure Rules

of 1979, 32 L.P.R.A. Appendix III

(2) Rules of Administrative Procedure

for Hearings in Environmental Quality

Board, Regulation Number 3672,

promulgated on October 19, 1988.

(iii) The following specifically

identified sections and rules in the

Commonwealth of Puerto Rico’s

statutes, regulations and rules 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) Public Policy Environmental Act

of 1970, Act Number 9, June 18, 1970,

as amended, 12 Laws of Puerto Rico

Annotated (L.P.R.A.) §§ 1121 et seq.

(i) Section 1131—Functions and duties

[Insofar as paragraph (13) addresses

permit and license requirements and

associated fees, as well as the NPDES

and UIC programs; and paragraph (34)

relates solely to the solid and

hazardous waste programs.]

(ii) Section 1132—Transfer of powers

(iii) Section 1135—Character of Board

for federal purposes [Insofar as it

addresses permit requirements.]

(iv) Section 1138—Effectiveness of

previous documents [Insofar as it

addresses permit and licensing

requirements.]

(B) The regulatory provisions include:

(1) Underground Storage Tank Control

Regulations, Regulation Number 4362,

promulgated by the Commonwealth of

Puerto Rico Environmental Quality

Board on November 7, 1990.

(i) Part VI—Release Response and

Corrective Action for UST Systems

Containing Petroleum or Hazardous

Substances: Rule 603—Initial

Abatement Measures and Site Check

[Insofar as 603(A)(5) requires owners

and operators to obtain permits or

franchises for drilling and installation of

groundwater monitoring and/or

extraction wells.]; Rule 605—Free

Product Removal [Insofar as 605(A) and

605(D)(6) require owners and operators

to obtain permits or franchises for

drilling and installation of water

monitoring and/or extraction wells.].

(ii) Part XII—Fee Rules [Insofar as fees

are broader in scope than the federal

program.]: Rule 1201—Applicability;

Rule 1202—Annual Notification Fees;

Rule 1203—Fee Relative to Transfer of

Ownership; Rule 1204—Fees for

Duplication of Records; Rule 1205—Fee

Payments; Rule 1206—Exemptions from

Fees; Rule 1207—Fees for Revision of

Permanent Closure Plans; Rule 1208—

Fees for Annual Re-certification of UST

Facilities.

(2) Statement of legal authority. The

Attorney General Statement, a letter
4594 Federal Register / Vol. 63, No. 20 / Friday, January 30, 1998 /Rules and Regulations

signed on July 2, 1997, 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

January 17, 1996, 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

January 17, 1996 and supplemented on

April 17, 1997, 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 2 and the Puerto Rico

Environmental Quality Board, signed by

an authorized representative of the

Environmental Quality Board on March

7, 1997 and subsequently by an

authorized representative of EPA,

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 ‘‘Puerto

Rico’’ and its listing.

Appendix A to Part 282—State

Requirements Incorporated by

Reference in Part 282 of the Code of

Federal Regulations

* * * * *

Puerto Rico

(a) The statutory provisions include:

1. Public Policy Environmental Act of

1970, Act Number 9, June 18, 1970, as

amended, 12 Laws of Puerto Rico Annotated

(L.P.R.A.) § 1121 et seq.

(1) Section 1121—Short title

(2) Section 1122—Purpose

(3) Section 1123—Declaration of policy

(4) Section 1124—Interpretation of legal

provisions

(5) Section 1125—Duties of governmental

agencies

(6) Section 1126—Savings clause

(7) Section 1127—Complementary character

(8) Section 1128—Annual report of Governor

(9) Section 1129—Creation of Board;

composition; term

(10) Section 1130—Duties of Chairman

(11) Section 1130A—Consulting Council

(12) Section 1131—Functions and duties

[Except paragraphs (10), (12), (19), (22),

(23), (25), (26), (29), and (30), insofar as

they outline enforcement authorities;

paragraph (13), insofar as it addresses

enforcement authorities, permit and

license requirements and associated fees,

as well as the NPDES and UIC programs;

and paragraph (34), insofar as it relates

solely to the solid and hazardous waste

programs.]

(13) Section 1133—Consultation and use of

facilities

(14) Section 1135—Character of Board for

federal purposes [Except insofar as it

addresses permit requirements.]

(15) Section 1135A—Administration of the

Puerto Rico Water Pollution Control

Revolving Fund

(16) Section 1137—Confidential documents

(17) Section 1138—Effectiveness of previous

documents [Except insofar as it addresses

permit and licensing requirements.]

(18) Section 1140—Limitations

(19) Section 1141—Definitions

(20) Section 1142—Powers [Except insofar as

(b)(5) sets forth enforcement authorities.]

(b) The regulatory provisions include:

1. Underground Storage Tank Control

Regulations, Regulation Number 4362,

promulgated by the Commonwealth of Puerto

Rico Environmental Quality Board on

November 7, 1990.

a. Part I—Program Scope and Interim

Prohibition.

(1) Rule 101—Program Scope

(2) Rule 102—Purpose

(3) Rule 103—Applicability

(4) Rule 104—Interim Prohibition for

Deferred UST Systems

(5) Rule 105—Definitions and Abbreviations

[Except insofar as the Puerto Rico

definition of ‘‘Underground Storage Tank

or UST’’ does not exclude from regulation

heating oil tanks used for storing heating

oil for consumptive use on the premises

where stored.]

b. Part II—UST Systems: Design,

Construction, Installation, and Notification.

(1) Rule 201—Performance Standards for

New UST Systems

(2) Rule 202—Upgrading of Existing UST

Systems

(3) Rule 203—Notification Requirements

c. Part III—General Operating

Requirements.

(1) Rule 301—Spill and Overfill Control

(2) Rule 302—Operation and Maintenance of

Corrosion Protection

(3) Rule 303—Compatibility

(4) Rule 304—Repairs Allowed

(5) Rule 305—Reporting and Recordkeeping

d. Part IV—Release Detection.

(1) Rule 401—General Requirements for all

UST Systems

(2) Rule 402—Requirements for Petroleum

UST Systems

(3) Rule 403—Requirements for Hazardous

Substance UST Systems

(4) Rule 404—Methods of Release Detection

for Tanks

(5) Rule 405—Methods of Release Detection

for Piping

(6) Rule 406—Release Detection

Recordkeeping

e. Part V—Release Reporting and

Investigation.

(1) Rule 501—Reporting of Suspected

Releases

(2) Rule 502—Investigation Due to Off-site

Impacts

(3) Rule 503—Release Investigation and

Confirmation Steps

(4) Rule 504—Reporting and Cleanup of

Spills and Overfills

f. Part VI—Release Response and

Corrective Action for UST Systems

Containing Petroleum or Hazardous

Substances.

(1) Rule 601—General

(2) Rule 602—Initial Response

(3) Rule 603—Initial Abatement Measures

and Site Check [Except insofar as 603(A)(5)

requires owners and operators to obtain

permits or franchises for drilling and

installation of groundwater monitoring

and/or extraction wells.]

(4) Rule 604—Initial Site Characterization

(5) Rule 605—Free Product Removal [Except

insofar as 605(A) and 605 (D)(6) require

owners and operators to obtain permits or

franchises for drilling and installation of

water monitoring and/or extraction wells.]

(6) Rule 606—Investigation for Soil and

Groundwater Clean-up

(7) Rule 607—Corrective Action Plan

(8) Rule 608—Public Participation

g. Part VII—Out-Of-Service UST Systems

and Closure.

(1) Rule 701—Temporary Closure

(2) Rule 702—Permanent Closure and

Changes-in-Service

(3) Rule 703—Assessing the Site at Closure

or Change-in-Service

(4) Rule 704—Applicability to Previously

Closed UST Systems

(5) Rule 705—Closure Methods

h. Part VIII—Notification Requirements

and Procedures.

(1) Rule 801—Notification of Underground

Storage System

(2) Rule 802—Notification Requirements

(3) Rule 803—Notification Responsibility

(4) Rule 804—UST Notification Identification

Number

(5) Rule 805—Changes to Facility

Notification Data

i. Part IX—Financial Responsibility

Requirements.

(1) Rule 901—Applicability

(2) Rule 902—Compliance Dates

(3) Rule 903—Definition of Terms

(4) Rule 904—Amount and Scope of Required

Financial Responsibility

(5) Rule 905—Allowable Mechanisms and

Combinations of Mechanisms

(6) Rule 906—Financial Test of SelfInsurance

(7) Rule 907—Guarantee

(8) Rule 908—Insurance and Risk Retention

Group Coverage

(9) Rule 909—Surety Bond

(10) Rule 910—Letter of Credit

(11) Rule 911—Trust Fund

(12) Rule 912—Standby Trust Fund

(13) Rule 913—Substitution of Financial

Assurance Mechanisms by Owner or

Operator

(14) Rule 914—Cancellation or Nonrenewal

by a Provider of Financial Assurance

(15) Rule 915—Reporting by Owner or

Operator

(16) Rule 916—Recordkeeping
Federal Register / Vol. 63, No. 20 / Friday, January 30, 1998 /Rules and Regulations 4595

(17) Rule 917—Drawing on Financial

Assurance Mechanisms

(18) Rule 918—Release from the

Requirements

(19) Rule 919—Bankruptcy or Other

Incapacity of Owner or Operator of

Provider of Financial Assurance

(20) Rule 920—Replenishment of Guarantees,

Letters of Credit, or Surety Bonds

(21) Rule 921—Suspension of Enforcement

j. Part X—General Provisions.

(1) Rule 1001—Amendments to this

Regulation

(2) Rule 1002—Monitoring, Recordkeeping,

Reporting, Sampling, and Testing Methods

(3) Rule 1003—Malfunction or Noncompliance, Reporting

(4) Rule 1004—Confidentiality of Information

(5) Rule 1006—Public Notice and Public

Hearings

(6) Rule 1009—Public Nuisance

(7) Rule 1011—Overlapping or Inconsistent

Provisions

(8) Rule 1012—Derogation

(9) Rule 1013—Separability Clause

(10) Rule 1014—Effectiveness

k. Part XI—General Prohibitions.

(1) Rule 1101—Purpose, Scope and

Applicability

(2) Rule 1102—General Prohibitions

[FR Doc. 98–1532 Filed 1–29–98; 8:45 am]

BILLING CODE 6560–50–P

DEPARTMENT OF HEALTH AND

HUMAN SERVICES

Health Care Financing Administration

42 CFR Parts 400, 405, 410, 411, and

414

[HCFA–1884–CN]

RIN 0938–AH94

Medicare Program; Revisions to

Payment Policies and Adjustments to

the Relative Value Units Under the

Physician Fee Schedule, Other Part B

Payment Policies, and Establishment

of the Clinical Psychologist Fee

Schedule for Calendar Year 1998;

Correction

AGENCY: Health Care Financing

Administration (HCFA), HHS.

ACTION: Correction of final rule with

comment period.

SUMMARY: This document corrects

technical errors that appeared in the

final rule with comment period

published in the Federal Register on

October 31, 1997 entitled ‘‘Medicare

Program; Revisions to Payment Policies

and Adjustments to the Relative Value

Units Under the Physician Fee

Schedule, Other Part B Payment

Policies, and Establishment of the

Clinical Psychologist Fee Schedule for

Calendar Year 1998.’’

EFFECTIVE DATE: These corrections are

effective October 31, 1997.

FOR FURTHER INFORMATION CONTACT:

Stanley Weintraub, (410) 786–4498.

SUPPLEMENTARY INFORMATION:

Background

In FR Doc. 97–28973 of October 31,

1997 (62 FR 59048), there were a

number of technical errors. The errors

relate to an omission in the preamble in

the discussion of practice expense

relative value units (RVUs) for

procedures furnished in both in-office

and out-of-office settings, to an

inconsistency between the preamble

discussion and information in the

addenda for HCPCS code G0101

(Cervical or Vaginal Cancer Screening:

Pelvic and Clinical Breast Examination),

to inconsistencies between the preamble

discussion and the regulations text for

screening mammography and screening

pelvic examinations, and to an omission

of a reference to status indicator ‘‘I’’ in

the explanation of the information in

Addendum B. We also printed incorrect

information for certain procedure codes

in Addendum B, beginning on page

59103. The corrections appear in this

document under the heading

‘‘Correction of Errors.’’

Correction of Errors

In FR Doc. 97–28973 of October 31,

1997 (62 FR 59048), make the following

corrections:

Page 59078

Addendum C of the proposed rule

titled ‘‘Medicare Program; Revisions to

Payment Policies Under the Physician

Fee Schedule, Other Part B Payment

Policies, and Establishment of the

Clinical Psychologist Fee Schedule for

Calendar Year 1998’’ published in the

Federal Register on June 18, 1997 (62

FR 33158) generally provided resourcebased practice expense RVUs for both

in-office and out-of-office settings. We

intended to calculate final resourcebased practice expense RVUs by code

and for the two sites in the final rule.

However, section 4505 of the Balanced

Budget Act of 1997 (BBA 1997) (Public

Law 105–33), enacted on August 5,

1997, postponed the implementation of

this provision until 1999. For the final

rule, we wanted the carriers to make the

same site-of-service calculations as they

have done in previous years. However,

we neglected to change the language in

the preamble to state that the carriers

will continue to calculate the

differential. Therefore, on page 59078,

in the second column, in the fourth full

paragraph, the fourth sentence is

incorrect and currently reads, ‘‘To

coordinate this policy with the site-ofservice distinctions in the June 1997

proposed rule and the interaction of the

provisions of section 4505 of the BBA

1997, we are listing in Addendum B the

practice expense RVUs for the two sites

for the 700 procedure codes instead of

allowing the carrier to calculate the 50

percent reduction.’’ Remove this

sentence and replace it with the

following two sentences: ‘‘Addendum B

lists the practice expense RVUs for both

the facility and nonfacility settings. If

the code is subject to the site-of-service

differential, the carrier will reduce the

facility practice expense RVU by 50

percent in calculating the allowance for

the code.’’

Page 59091

On page 59091, in the first column, in

the first full sentence, we incorrectly

stated that the RVUs assigned to HCPCS

code G0101 (Cervical or Vaginal Cancer

Screening: Pelvic and Clinical Breast

Examination) are comparable to the

RVUs assigned to a new patient office

visit. This statement is inconsistent with

the RVUs assigned to this code, which

are correctly listed in Addenda B and C.

We should have stated that the RVUs for

HCPCS code G0101 are comparable to

the RVUs assigned to an established

patient office visit. Therefore, remove

the first full sentence in the first column

on page 59091 and replace it with the

following: ‘‘We decided that this service

is comparable to a level 2 evaluation

and management established patient

office visit.’’

Page 59100

On page 59100, there is an inaccuracy

that needs to be corrected so that the

regulations text is consistent with the

preamble discussion of mammography

services on pages 59078 through 59079,

which states that section 4101(a) of the

BBA 1997 amends section 1834(c)(2)(A)

of the Social Security Act effective

January 1, 1998 to simply provide that

in the case of any woman over 39 years

of age, payment may be made for a

screening mammography if at least 11

months have passed following the

month in which the last screening

mammography was performed. On page

59100, we failed to state in the

amendatory language in item 4 for

§ 410.34 (Mammography services:

Conditions for and limitations on

coverage) that we were removing

paragraphs (d)(5) and (d)(6), which

specify certain age limitations on the

frequency of screening mammography

before the enactment of the BBA 1997

and which are now obsolete. In

addition, because we should have

removed these two paragraphs, the line