Federal Register / Vol. 63, No. 20 / Friday, January 30, 1998 /Rules and Regulations 4589

270, and 280 and are not subject to any

additional significant or unique

requirements by virtue of this program

approval. Once EPA authorizes a State

to administer its own hazardous waste

program and any revisions to that

program, these same small governments

will be able to own and operate their

TSDFs under the approved State

program, in lieu of the Federal program.

Certification Under the Regulatory

Flexibility Act

EPA has determined that this

authorization will not have a significant

economic impact on a substantial

number of small entities. EPA

recognizes that small entities may own

and/or operate TSDFs that will become

subject to the requirements of an

approved State hazardous waste

program. However, since such small

entities which own and/or operate

TSDFs are already subject to the

requirements in 40 CFR parts 264, 265

and 270, this authorization does not

impose any additional burdens on these

small entities. This is because EPA’s

authorization would result in an

administrative change (i.e., whether

EPA or the State administers the RCRA

Subtitle C program in that State), rather

than result in a change in the

substantive requirements imposed on

small entities. Once EPA authorizes a

state to administer its own hazardous

waste program and any revisions to that

program, these same small entities will

be able to own and operate their TSDFs

under the approved State program, in

lieu of the federal program. Moreover,

this authorization, in approving a state

program to operate in lieu of the federal

program, eliminates duplicative

requirements for owners and operators

of TSDFs in that particular state.

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 authorization will not have a

significant economic impact on a

substantial number of small entities.

This authorization effectively approves

the Tennessee program to operate in

lieu of the federal program, thereby

eliminating duplicative requirements for

handlers of hazardous waste in the state.

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 section 801(a)(1)(A) of the

Administrative Procedures Act (APA) as

amended 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 section

804(2) of the APA as amended.

List of Subjects in 40 CFR Part 271

Administrative practice and

procedure, Confidential business

information, Hazardous materials

transportation, Hazardous waste, Indian

lands, Intergovernmental relations,

Penalties, Reporting and recordkeeping

requirements, Water pollution control,

and Water supply.

Authority: This document is issued under

the authority of sections 2002(a), 3006 and

7004(b) of the Solid Waste Disposal Act as

amended (42 U.S.C. 6912(a), 6926, 6974(b)).

R.F. McGhee,

Acting Regional Administrator, Region 4.

[FR Doc. 98–2361 Filed 1–29–98; 8:45 am]

BILLING CODE 6560–50–P

ENVIRONMENTAL PROTECTION

AGENCY

40 CFR Part 281

[FRL–5938–5]

Commonwealth of Puerto Rico; Final

Approval of State Underground

Storage Tank Program

AGENCY: Environmental Protection

Agency.

ACTION: Notice of final determination on

the Commonwealth of Puerto Rico’s

application for program approval.

SUMMARY: The Commonwealth of Puerto

Rico has applied for final approval of its

underground storage tank program for

petroleum and hazardous substances

under subtitle I of the Resource

Conservation and Recovery Act of 1976

(RCRA), as amended. The United States

Environmental Protection Agency (EPA)

has reviewed the Commonwealth of

Puerto Rico’s application and has made

a final determination that the

Commonwealth of Puerto Rico’s

underground storage tank program for

petroleum and hazardous substances

satisfies all of the requirements

necessary to qualify for final approval.

Thus, EPA is granting final approval to

the Commonwealth of Puerto Rico to

operate its underground storage tank

program for petroleum and hazardous

substances.

EFFECTIVE DATES: Final approval for the

Commonwealth of Puerto Rico shall be

effective on March 31, 1998.

FOR FURTHER INFORMATION CONTACT:

Madho Ramnarine Singh, Water

Compliance Branch (DECA–WCB), U.S.

EPA Region 2, 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:

I. Background

Section 9004 of the Resource

Conservation and Recovery Act of 1976

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

authorizes 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

(UST) program. To qualify for approval,

a State’s program must be ‘‘no less

stringent’’ than the federal program in

all seven elements set forth at section

9004(a) (1) through (7) of RCRA, 42

U.S.C. 6991c(a) (1) through (7); include

the notification requirements of section

9004(a)(8) of RCRA, 42 U.S.C.

6991c(a)(8); and provide for adequate

enforcement of compliance with UST

standards (section 9004(a) of RCRA, 42

U.S.C. 6991c(a)).

On January 17, 1996, EPA received

the Commonwealth of Puerto Rico’s

formal application for approval of its

underground storage tank program. In

1997 EPA received supplemental

information as part of the

Commonwealth’s application. On

August 6, 1997, EPA published a

tentative determination announcing its

intent to approve the Commonwealth of

Puerto Rico program. Further

background on the tentative decision to

grant approval appears in the Federal

Register at 62 FR 42222 (August 6,

1997).

Along with the tentative

determination, EPA announced the

availability of the application for public

review and comment and the date of

public hearings on the application and

EPA’s tentative determination. EPA

requested advance notice for testimony

and reserved the right to cancel the

public hearing in the event of

insufficient public interest. The public

hearings were held on September 8,

1997 in the Public Hearing Room of the

Puerto Rico Environmental Quality

Board in Hato Rey, Puerto Rico, and on
4590 Federal Register / Vol. 63, No. 20 / Friday, January 30, 1998 /Rules and Regulations

September 9, 1997 in the Public Hearing

Room of the Environmental Quality

Board, Mayaguez Regional Office in

Mayaguez, Puerto Rico. While a number

of people attended the hearings, none of

them chose to comment on EPA’s

decision. In addition, no written

comments were submitted to EPA. As a

result, no substantive issues were raised

and EPA has decided to finalize its

decision to approve the Commonwealth

of Puerto Rico program.

Some provisions of the

Commonwealth of Puerto Rico’s

underground storage tank program will

not be part of the federally approved

State program, because they are broader

in scope than the federal program.

‘‘Broader in scope’’ provisions cannot be

enforced by EPA; the Commonwealth of

Puerto Rico, however, will continue to

enforce such provisions. For instance,

the federal program does not cover any

underground storage tank system used

for storing heating oil for consumptive

use on the premises where stored, but

this type of underground storage tank

system is regulated under the

Commonwealth’s program. In addition,

the Commonwealth charges fees for

certain underground storage tank

activities, such as annual notification

and re-certification of underground

storage tank facilities, transfer of

ownership, duplication of records, and

revision of permanent closure plans,

and requires underground storage tank

owners to obtain permits for certain

activities, such as drilling and

installation of groundwater monitoring

and/or extraction wells. Although the

federal underground storage tank

program addresses neither fees nor

permits, the Commonwealth may charge

such fees and require such permits as it

deems appropriate.

The public should also be aware that

the Commonwealth’s statutes,

regulations and rules that will become

part of the federally approved State

program are available in English and

Spanish translation. The English

translation of the Commonwealth’s

statutes, regulations and rules is

referenced as follows:

Statutes

(1) Puerto Rico Public Policy

Environmental Act of 1970, Act Number

9, June 18, 1970, as amended, 12 Law

of Puerto Rico Annotated (L.P.R.A.)

§§ 1121 et seq.

(2) Puerto Rico Environmental

Emergency Fund Act, 12 L.P.R.A.§ 1271

et seq.

Regulations

(1) Underground Storage Tank Control

Regulations, Regulation Number 4362,

promulgated by the Commonwealth of

Puerto Rico Environmental Quality

Board on November 7, 1990.

Rules

(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 in October 19, 1988.

II. Final Decision

I conclude that the Commonwealth of

Puerto Rico’s application for program

approval meets all of the statutory and

regulatory requirements established by

subtitle I of RCRA and 40 CFR part 281.

Accordingly, the Commonwealth of

Puerto Rico is granted final approval to

operate its underground storage tank

program for petroleum and hazardous

substances in lieu of the federal

underground storage tank program. This

approval is subject to the terms and

conditions set forth in the

Commonwealth’s application for

approval (including, but not limited to,

the Memorandum of Agreement) and in

the August 6, 1997 Federal Register

Notice of Tentative Determination on

Application of the Commonwealth of

Puerto Rico for Final Approval.

III. Compliance With Executive Order

12866

The Office of Management and Budget

has exempted this action from the

requirements of section 6 of Executive

Order 12866.

IV. 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 the requirements of the

Commonwealth of Puerto Rico program

are already part of the 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 Commonwealth’s

participation in an authorized UST

program is voluntary.

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. Costs to State, local and/

or tribal governments already exist

under the Commonwealth’s program,

and today’s action does not impose any

additional obligations on regulated

entities. In fact, EPA’s approval of State

programs generally may reduce, not

increase, compliance costs for the

private sector.

The requirements of section 203 of

UMRA also do not apply to today’s

action. Before EPA establishes any

regulatory requirements that may

significantly or uniquely affect small

governments, section 203 of the UMRA

requires EPA to develop a small

government agency plan. This rule

contains no regulatory requirements that

might significantly or uniquely affect

small governments. The Agency

recognizes that although small

governments may own and/or operate

USTs, they are already subject to the

regulatory requirements under existing

Commonwealth law, and, thus, are not

subject to any additional significant or

unique requirements by virtue of this

program approval of such requirements.

V. Certification Under the Regulatory

Flexibility Act

EPA has determined that this

authorization 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 regulatory

requirements under existing

Commonwealth law. EPA’s

authorization does not impose any

additional burdens on these small

entities. This is because EPA’s

authorization would simply result in an

administrative change, rather than a

change in the substantive requirements

imposed on these 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 authorization will not have a
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