32566 Federal Register / Vol. 66, No. 116 / Friday, June 15, 2001 / Rules and Regulations

affects only one state. This action

simply provides EPA approval of North

Carolina’s voluntary proposal for its

State underground storage tank program

to operate in lieu of the Federal

underground storage tank program in

that State. Thus, the requirements of

section 6 of the Executive Order do not

apply.

National Technology Transfer and

Advancement Act

Section 12(d) of the National

Technology Transfer and Advancement

Act of 1995 (‘‘NTTAA’’), Public Law

104–113, section 12(d) (15 U.S.C. 272)

directs EPA to use voluntary consensus

standards in its regulatory activities

unless to do so would be inconsistent

with applicable law or otherwise

impractical. Voluntary consensus

standards are technical standards (e.g.,

materials specifications, test methods,

sampling procedures, and business

practices) that are developed or adopted

by voluntary consensus standards

bodies. The NTTAA directs EPA to

provide Congress, through OMB,

explanations when the Agency decides

not to use available and applicable

voluntary consensus standards.

This action does not involve technical

standards. Therefore, EPA did not

consider the use of any voluntary

consensus standards.

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 rule or a final

rule. This rule will not impose any

information requirements upon the

regulated community.

List of Subjects in 40 CFR Part 281

Environmental protection,

Administrative practice and procedure,

Hazardous substances,

Intergovernmental relations, Reporting

and recordkeeping requirements.

Authority: This document is issued under

the authority of Section 9004 of the Solid

Waste Disposal Act as amended 42 U.S.C.

6912(a), 6974(b), 6991c.

Dated: April 26, 2001.

A. Stanley Meiburg,

Acting Regional Administrator, Region 4.

[FR Doc. 01–14896 Filed 6–14–01; 8:45 am]

BILLING CODE 6560–50–P

ENVIRONMENTAL PROTECTION

AGENCY

40 CFR Part 282

[FRL–6976–5]

Underground Storage Tank Program:

Approved State Program for North

Carolina

AGENCY: Environmental Protection

Agency (EPA).

ACTION: Immediate final rule.

SUMMARY: The Resource Conservation

and Recovery Act (RCRA) of 1976, as

amended, authorizes the Environmental

Protection Agency (EPA) to grant

approval to states to operate their

underground storage tank programs in

lieu of the Federal program. 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 prior approval

of North Carolina’s underground storage

tank program and incorporates by

reference appropriate provisions of the

State’s statutes and regulations.

DATES: This regulation is effective

August 14, 2001, unless EPA publishes

a prior Federal Register document

withdrawing this immediate final rule.

All comments on the codification of

North Carolina’s underground storage

tank program must be received by the

close of business July 16, 2001. The

incorporation by reference of certain

publications listed in the regulations is

approved by the Director of the Federal

Register, as of August 14, 2001, in

accordance with 5 U.S.C. 552(a).

ADDRESSES: Comments may be mailed to

Mr. John K. Mason, Chief, Underground

Storage Tank Section, U.S. EPA Region

4, Sam Nunn Federal Center, 61 Forsyth

Street SW., 15th Floor Tower, Atlanta,

Georgia 30303. Comments received by

EPA may be inspected in the

Underground Storage Tank Section,

located at EPA Region 4 Library from 8

a.m. to 4 p.m., Monday through Friday,

excluding Federal holidays.

FOR FURTHER INFORMATION CONTACT: Mr.

John K. Mason, Chief, Underground

Storage Tank Section, U.S. EPA Region

4, Sam Nunn Federal Center, 61 Forsyth

Street S.W., Atlanta, Georgia 30303,

phone number: (404) 562–9441.

SUPPLEMENTARY INFORMATION:

Background

Section 9004 of the Resource

Conservation and Recovery Act (RCRA)

of 1976, as amended, 42 U.S.C. 6991c,

allows the Environmental Protection

Agency (EPA) to approve state

underground storage tank programs to

operate in the state in lieu of the Federal

underground storage tank program. EPA

is publishing elsewhere in this issue a

Federal Register document announcing

its decision to grant approval to North

Carolina. Approval is effective on

August 14, 2001.

EPA codifies its approval of state

programs in 40 CFR part 282 and

incorporates by reference therein 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 North Carolina’s

underground storage tank program. This

codification reflects the state program in

effect at the time EPA granted North

Carolina 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 the Agency’s

decision to approve the North Carolina

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 North Carolina program and

by amending the Code of Federal

Regulations whenever a new or different

set of requirements is approved in North

Carolina, the status of Federally

approved requirements of the North

Carolina program will be readily

discernible.

To codify EPA’s approval of North

Carolina’s underground storage tank

program, EPA has added section 282.83

to title 40 of the CFR. Section 282.83

incorporates by reference for

enforcement purposes the State’s

statutes and regulations. Section 282.83

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.

The Agency retains the authority

under sections 9005 and 9006 of subtitle

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

and other applicable statutory and

regulatory provisions to undertake

inspections and enforcement actions in

approved states. With respect to such an

enforcement action, the Agency will

rely on Federal sanctions, Federal

inspection authorities, and Federal

Federal Register / Vol. 66, No. 116 / Friday, June 15, 2001 / Rules and Regulations 32567

procedures rather than the state

authorized analogues to these

provisions. Therefore, the approved

North Carolina enforcement authorities

will not be incorporated by reference.

Section 282.83 lists those approved

North Carolina 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. These non-approved

provisions are not part of the RCRA

subtitle I program because they 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 282.83 of the

codification simply lists for reference

and clarity the North Carolina 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

enforce such provisions.

Unfunded Mandates Reform Act

Title II of the Unfunded Mandates

Reform Act of 1995 (UMRA), Public

Law 104–4, establishes requirements for

Federal agencies to assess the effects of

their regulatory actions on State, local,

and tribal governments and the private

sector. Under section 202 of the UMRA,

EPA generally must prepare a written

statement, including a cost-benefit

analysis, for proposed and final rules

with ‘‘Federal mandates’’ 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. Before

promulgating an EPA rule for which a

written statement is needed, section 205

of the UMRA generally requires EPA to

identify and consider a reasonable

number of regulatory alternatives and

adopt the least costly, most costeffective or least burdensome alternative

that achieves the objectives of the rule.

The provisions of section 205 do not

apply when they are inconsistent with

applicable law. Moreover, section 205

allows EPA to adopt an alternative other

than the least costly, most cost-effective

or least burdensome alternative if the

Administrator publishes with the final

rule an explanation why that alternative

was not adopted. Before EPA establishes

any regulatory requirements that may

significantly or uniquely affect small

governments, including tribal

governments, it must have developed

under section 203 of the UMRA a small

government agency plan. The plan must

provide for notifying potentially

affected small governments, enabling

officials of affected small governments

to have meaningful and timely input in

the development of EPA regulatory

proposals with significant Federal

intergovernmental mandates, and

informing, educating, and advising

small governments on compliance with

the regulatory requirements.

Today’s rule contains no Federal

mandates (under the regulatory

provisions of Title II of the UMRA) for

State, local or tribal governments or the

private sector. It does not impose new

or additional enforceable duties on any

State, local or tribal governments or the

private sector. This rule merely

incorporates by reference certain

existing State underground storage tank

program requirements which EPA

previously approved and with which

regulated entities must already comply.

Further, the UMRA generally excludes

from the definition of ‘‘Federal

intergovernmental mandate’’ duties that

arise from participation in a voluntary

Federal program. The requirements

being codified today are the result of

North Carolina’s voluntary participation

in EPA’s state program approval process

under RCRA Subtitle I. Thus, today’s

rule is not subject to the requirements

of sections 202 and 205 of the UMRA.

In addition, EPA has determined that

this rule contains no regulatory

requirements that might significantly or

uniquely affect small governments.

Although small governments may own

and/or operate underground storage

tanks, this codification incorporates into

the CFR North Carolina’s underground

storage tank program requirements

which EPA already approved under 40

CFR Part 281. Small governments are

not subject to any additional significant

or unique requirements by virtue of this

action. Thus, the requirements of

section 203 of the UMRA also do not

apply to today’s rule.

Regulatory Flexibility Act (RFA) (as

Amended by the Small Business

Regulatory Enforcement Fairness Act of

1996 (SBREFA), 5 U.S.C. 601 et seq.)

The RFA generally requires an agency

to prepare a regulatory flexibility

analysis of any rule subject to notice

and comment rulemaking requirements

under the Administrative Procedure Act

or any other statute unless the agency

certifies that the rule will not have a

significant economic impact on a

substantial number of small entities.

Small entities include small businesses,

small organizations, and small

governmental jurisdictions.

For purposes of assessing the impacts

of today’s action on small entities, small

entity is defined as: (1) A small business

as specified in the Small Business

Administration regulations; (2) a small

governmental jurisdiction that is a

government of a city, county, town,

school district or special district with a

population of less than 50,000; and (3)

a small organization that is any not-forprofit enterprise which is independently

owned and operated and is not

dominant in its field.

After considering the economic

impacts of this action on small entities,

I certify that this action will not have a

significant economic impact on a

substantial number of small entities.

This action does not impose any new

requirements on small entities because

small entities that own and/or operate

underground storage tanks are already

subject to the State underground storage

tank program requirements which EPA

is now incorporating by reference.

Submission to Congress and the

Comptroller General

The Congressional Review Act, 5

U.S.C. 801 et seq., as added by the Small

Business Regulatory Enforcement

Fairness Act of 1996, generally provides

that before a rule may take effect, the

agency promulgating the rule must

submit a rule report, which includes a

copy of the rule, to each House of the

Congress and to the Comptroller General

of the United States. The EPA will

submit 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 United States 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).

Compliance With Executive Order

12866

The Office of Management and Budget

has exempted this rule from the

requirements of Executive Order 12866.

Compliance With Executive Order

13045 (Children’s Health)

Executive Order 13045, ‘‘Protection of

Children from Environmental Health

Risks and Safety Risks,’’ applies to any

rule that: (1) The Office of Management

and Budget determines is ‘‘economically

significant’’ as defined under Executive

Order 12866, and (2) concerns an

environmental health or safety risk that

EPA has reason to believe may have a

disproportionate effect on children. If

the regulatory action meets both criteria,

32568 Federal Register / Vol. 66, No. 116 / Friday, June 15, 2001 / Rules and Regulations

the Agency must evaluate the

environmental health or safety effects of

the planned rule on children and

explain why the planned regulation is

preferable to other potentially effective

and reasonably feasible alternatives

considered by the Agency.

This rule is not subject to Executive

Order 13045 because it is not an

economically significant rule as defined

by Executive Order 12866, and because

it does not involve decisions based on

environmental health or safety risks.

Compliance With Executive Order

13175 (Consultation and Coordination

With Indian Tribal Governments)

Executive Order 13175, entitled

‘‘Consultation and Coordination with

Indian Tribal Governments’’ (65 FR

67249, November 6, 2000), requires EPA

to develop an accountable process to

ensure ‘‘meaningful and timely input by

tribal officials in the development of

regulatory policies that have tribal

implications.’’ ‘‘Policies that have tribal

implications’’ is defined in the

Executive Order to include regulations

that have ‘‘substantial direct effects on

one or more Indian tribes, on the

relationship between the Federal

government and the Indian tribes, or on

the distribution of power and

responsibilities between the Federal

government and Indian tribes.’’

This final rule does not have tribal

implications. It will not have substantial

direct effects on tribal governments, 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, as

specified in Executive Order 13175.

This rule is not subject to Executive

Order 13175 because it does not

significantly or uniquely affect the

communities of Indian tribal

governments. This rule merely

incorporates by reference the North

Carolina underground storage tank

program requirements that EPA has

already approved. North Carolina is not

approved to implement the RCRA

underground storage tank program in

Indian country. This action has no effect

on the underground storage tank

program that EPA implements in the

Indian country within the State. Thus,

Executive Order 13175 does not apply

to this rule.

Compliance With Executive Order

13132 (Federalism)

Executive Order 13132, entitled

‘‘Federalism’’ (64 FR 43255, August 10,

1999), requires EPA to develop an

accountable process to ensure

‘‘meaningful and timely input by State

and local officials in the development of

regulatory policies that have Federalism

implications.’’ ‘‘Policies that have

Federalism implications’’ is defined in

the Executive Order to include

regulations that 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 the

various levels of government.’’

Under section 6 of Executive Order

13132, EPA may not issue a regulation

that has Federalism implications, that

imposes substantial direct compliance

costs, and that is not required by statute,

unless the Federal government provides

the funds necessary to pay the direct

compliance costs incurred by State and

local governments, or EPA consults with

State and local officials early in the

process of developing the proposed

regulation. EPA also may not issue a

regulation that has Federalism

implications and that preempts State

law unless the Agency consults with

State and local officials early in the

process of developing the proposed

regulation.

This action does not have Federalism

implications. It will not have a

substantial direct effect on States, on the

relationship between the national

government and the States, or on the

distribution of power and

responsibilities among the various

levels of government, as specified in

Executive Order 13132, because it

affects only one State. Further, this

action simply incorporates by reference

the State’s already approved

underground storage tank program

requirements. Thus, the requirements of

section 6 of the Executive Order do not

apply.

National Technology Transfer and

Advancement Act

Section 12(d) of the National

Technology Transfer and Advancement

Act of 1995 (‘‘NTTAA’’), Public Law

104–113, directs EPA to use voluntary

consensus standards in its regulatory

activities unless to do so would be

inconsistent with applicable law or

otherwise impractical. Voluntary

consensus standards are technical

standards (e.g., materials specifications,

test methods, sampling procedures, and

business practices) that are developed or

adopted by voluntary consensus

standards bodies. The NTTAA directs

EPA to provide Congress, through OMB,

explanations when the Agency decides

not to use available and applicable

voluntary consensus standards.

This action does not involve technical

standards. Therefore, EPA did not

consider the use of any voluntary

consensus standards.

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

program approval, Underground storage

tanks, Water pollution control.

Dated: April 26, 2001.

A. Stanley Meiburg,

Acting Regional Administrator, Region 4.

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. Subpart B is amended by adding

§ 282.83 to read as follows:

§ 282.83 North Carolina StateAdministered Program.

(a) The State of North Carolina 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

North Carolina Department of

Environment and Natural Resources,

Division of Waste Management, UST

Section, was approved by EPA pursuant

to 42 U.S.C. 6991c and part 281 of this

chapter. EPA approved the North

Carolina program on April 26, 2001

with an effective date of August 14,

2001.

(b) North Carolina has primary

responsibility for enforcing its

underground storage tank program.

However, EPA retains the authority to

exercise its inspection and enforcement

authorities under sections 9005 and

9006 of subtitle I of RCRA, 42 U.S.C.

6991d and 6991e, as well as under other

statutory and regulatory provisions.

Federal Register / Vol. 66, No. 116 / Friday, June 15, 2001 / Rules and Regulations 32569

(c) To retain program approval, North

Carolina 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 North

Carolina 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) North Carolina has final approval

for the following elements submitted to

EPA in the State’s program application

for final approval and approved by EPA

on April 26, 2001. Copies may be

obtained from the North Carolina

Department of Environment and Natural

Resources, Division of Waste

Management, UST Section, 2728 Capital

Blvd., Raleigh, NC 27604.

(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) North Carolina Statutory

Requirements Applicable to the

Underground Storage Tank Program,

1997.

(B) North Carolina Regulatory

Requirements Applicable to the

Underground Storage Tank Program,

1997 and 1998.

(ii) The following statutes and

regulations are part of the approved

state program, although not

incorporated by reference herein for

enforcement purposes.

(A) The statutory provisions include:

(1) General Statutes of North Carolina,

Chapter 143—State Departments,

Institutions, and Commissions; Article

21, Water and Air Resources

§ 143–215.6A Enforcement

procedures: civil penalties

§ 143–215.6B Enforcement procedures:

criminal penalties

§ 143–215.6C Enforcement procedures:

injunctive relief

(2) General Statutes of North Carolina,

Chapter 143—State Departments,

Institutions, and Commissions; Article

21A, Oil Pollution and Hazardous

Substances Control

§ 143–215.79 Inspections and

investigations; entry upon property

§ 143–215.88A Enforcement

procedures: civil penalties

§ 143–215.88B Enforcement

procedures: criminal penalties

§ 143–215.91A Limited liability for

volunteers in oil and hazardous

substance abatement

§ 143–215.94 Joint and several liability

§ 143–215.94F Limited amnesty

§ 143–215.94G Authority of the

Department to engage in cleanups;

actions for fund reimbursement

(Insofar as (e) outlines enforcement

authorities.)

§ 143–215.94K Enforcement

§ 143–215.94W Enforcement

procedures: civil penalties

§ 143–215.94Y Enforcement

procedures: criminal penalties

§ 143–215.94Z Enforcement

procedures: injunctive relief

(3) General Statutes of North Carolina,

Chapter 143B—Executive Organization

Act of 1973

§ 143B–282 Environmental

Management Commission—

Creation; powers and duties

§ 143B–282.1 Environmental

Management Commission—quasijudicial powers; procedures

(4) General Statutes of North Carolina,

Chapter 150B—Administrative

Procedure Act

§ 150B–23 Commencement;

assignment of administrative law

judge; hearing required; notice;

intervention

(5) General Statutes of North Carolina,

Chapter 1A—Rules of Civil Procedure

Rule 24 Intervention

(B) The regulatory provisions include:

(1) North Carolina Administrative Code,

Title 15A—Department of Environment

and Natural Resources; Chapter 2,

Subchapter 2N, Underground Storage

Tanks

Section .0100 General Considerations

(Insofar as .0101(c) provides

inspection and enforcement

authority.)

(2) North Carolina Administrative Code,

Title 15A—Department of Environment

and Natural Resources; Chapter 2,

Subchapter 2O: Financial Responsibility

Requirements for Owners and Operators

of Underground Storage Tanks

Section .0100 General Considerations

(Insofar as .0101(c) provides

inspection and enforcement

authority.)

(3) North Carolina Administrative Code,

Title 15A—Department of Environment

and Natural Resources; Chapter 2,

Subchapter 2P: Leaking Petroleum

Underground Storage Tank Cleanup

Funds

Section .0100 General Considerations

(Insofar as .0101(d) provides

inspection and enforcement

authority.)

(iii) The following statutory and

regulatory provisions 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) General Statutes of North Carolina,

Chapter 143—State Departments,

Institutions, and Commissions; Article

21A, Oil Pollution and Hazardous

Substances Control

§ 143–215.83 Discharges (Insofar as (c)

addresses permit requirements.)

§ 143–215.92 Lien on vessel (Insofar as

it addresses vessels, which are not

regulated by the Federal program.)

§ 143–215.94A Definitions (Insofar as

.94A(2) subjects certain heating oil

tanks and the piping connected to

otherwise excluded tanks to the

regulatory requirements.)

§ 143–215.94C Commercial leaking

petroleum underground storage

tank cleanup fees (Insofar as it

establishes annual operating fees.)

§ 143–215.94U Registration of

petroleum commercial underground

storage tanks; operation of

petroleum underground storage

tanks; operating permit required

(Insofar as it requires owners and

operators to obtain operating

permits and pay operating fees for

their tanks, and imposes

requirements on individuals other

than UST owners and operators.)

(B) The regulatory provisions include:

(1) North Carolina Administrative Code,

Title 15A—Department of Environment

and Natural Resources; Chapter 2,

Subchapter 2N, Underground Storage

Tanks

Section .0200 Program Scope and

Interim Prohibition (Insofar as .0201

subjects USTs containing de

minimis concentrations of regulated

substances to closure requirements)

Section .0800 Out-of-Service UST

Systems and Closure Insofar as

.0802 subjects USTs containing de

minimis concentrations of regulated

substances to closure requirements)

(2) North Carolina Administrative Code,

Title 15A—Department of Environment

and Natural Resources; Chapter 2,

Subchapter 2O: Financial Responsibility

Requirements for Owners and Operators

of Underground Storage Tanks

Section .0200 Program Scope (Insofar

as .0203(b)(1) defines ‘‘annual

operating fee’’)

Section .0400 Responsibilities of

Owners and Operators (Insofar as

32570 Federal Register / Vol. 66, No. 116 / Friday, June 15, 2001 / Rules and Regulations

.0402(b)(2) addresses annual

operating fee requirements.)

(3) North Carolina Administrative Code,

Title 15A—Department of Environment

and Natural Resources; Chapter 2,

Subchapter 2P: Leaking Petroleum

Underground Storage Tank Cleanup

Funds

Section .0200 Program Scope (Insofar

as .0201(a) and (b) and .0202 (b)(1)

relate to annual operating fees.)

Section .0300 Annual Operating Fees

(Insofar as .0301 sets forth annual

operating fee requirements.)

Section .0400 Reimbursement

Procedure (Insofar as .0401(b)

relates to annual operating fees.)

(2) Statement of legal authority. (i)

‘‘Attorney General’s Statement for Final

Approval’’, signed by the State Attorney

General on January 5, 1998, 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.

(ii) Letter from the Attorney General

of North Carolina to EPA, August 11,

1998, 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.

(iii) Letter from the Attorney General

of North Carolina to EPA, September 24,

1998, 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 original application on

December 19, 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.

(4) Program Description. The program

description and any other material

submitted as part of the original

application on December 19, 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 4 and the North Carolina

Department of Environment and Natural

Resources, Division of Waste

Management, UST Section, signed by

the EPA Regional Administrator on July

29, 1999, 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 ‘‘North

Carolina’’ and its listing.

Appendix A to Part 282—State

Requirements Incorporated by

Reference in Part 282 of the Code of

Federal Regulations

* * * * *

North Carolina

(a) The statutory provisions include:

General Statutes of North Carolina, Chapter

143—State Departments, Institutions, and

Commissions; Article 21A, Oil Pollution and

Hazardous Substances Control

§ 143–215.75 Title

§ 143–215.76 Purpose

§ 143–215.77 Definitions

§ 143–215.77A Designation of hazardous

substances and determination of

quantities which may be harmful

§ 143–215.78 Oil pollution control program

§ 143–215.80 Confidential information

§ 143–215.81 Authority supplemental

§ 143–215.82 Local ordinances

§ 143–215.83 Discharges (Except insofar as

(c) addresses permit requirements.)

§ 143–215.84 Removal of prohibited

discharges

§ 143–215.85 Required notice

§ 143–215.86 Other State agencies and

State-designated local agencies

§ 143–215.87 Oil or Other Hazardous

Substances Pollution Protection Fund

§ 143–215.88 Payment to State agencies or

State-designated local agencies

§ 143–215.89 Multiple liability for

necessary expenses

§ 143–215.90 Liability for damage to public

resources

§ 143–215.93 Liability for damage caused

§ 143–215.93A Limitation on liability of

persons engaged in removal of oil

discharges

§ 143–215.94A Definitions (Except insofar

as .94A(2) subjects certain heating oil

tanks and the piping connected to

otherwise excluded tanks to the

regulatory requirements.)

§ 143–215.94B Commercial Leaking

Petroleum Underground Storage Tank

Cleanup Fund

§ 143–215.94D Noncommercial Leaking

Petroleum Underground Storage Tank

Cleanup Fund

§ 143–215.94E Rights and obligations of the

owner and operator

§ 143–215.94G Authority of the Department

to engage in cleanups; actions for fund

reimbursement (Except insofar as (e)

outlines enforcement authorities.)

§ 143–215.94H Financial responsibility

§ 143–215.94I Insurance pools authorized;

requirements

§ 143–215.94J Limitation of liability of the

State of North Carolina

§ 143–215.94L Adoption of rules;

administrative procedure; short title;

miscellaneous provisions

§ 143–215.94M Reports

§ 143–215.94N Applicability

§ 143–215.94O Petroleum Underground

Storage Tank Funds Council

§ 143–215.94P Groundwater Protection

Loan Fund

§ 143–215.94T Adoption and

implementation of regulatory program

§ 143–215.94V Standards for petroleum

underground storage tank cleanup

(b) The regulatory provisions include:

North Carolina Administrative Code, Title

15A—Department of Environment and

Natural Resources; Chapter 2, Subchapter 2L:

Groundwater Classification and Standards

1. Section .0100 General Considerations

.0101 Authorization

.0102 Definitions

.0103 Policy

.0104 Restricted Designation (RS)

.0105 Adoption by Reference (Repealed)

.0106 Corrective Action

.0107 Compliance Boundary

.0108 Review Boundary

.0109 Delegation

.0110 Monitoring

.0111 Reports

.0112 Analytical Procedures

.0113 Variance

.0114 Notification Requirements

.0115 Risk-Based Assessment and

Corrective Action for Petroleum

Underground Storage Tanks

2. Section .0200 Classifications and

Groundwater Quality Standards

.0201 Groundwater Classifications

.0202 Groundwater Quality Standards

3. Section .0300 Assignment of

Underground Water Classifications

.0301 Classifications: General

.0302 Statewide

.0303 Broad River Basin

.0304 Cape Fear River Basin

.0305 Catawba River Basin

.0306 Chowan River Basin

.0307 French Broad River Basin

.0308 Hiwassee River Basin

.0309 Little Tennessee River Basin

.0310 Savannah River Basin

.0311 Lumber River Basin

.0312 Neuse River Basin

.0313 New-Watauga River Basin

.0314 Pasquotank River Basin

.0315 Roanoke River Basin

.0316 Tar Pamlico River Basin

.0317 White Oak River Basin

.0318 Yadkin-Pee Dee River Basin

.0319 Reclassification

North Carolina Administrative Code, Title

15A—Department of Environment and

Natural Resources; Chapter 2, Subchapter 2N,

Underground Storage Tanks

1. Section .0100 General Provisions

.0101 General (Except insofar as .0101(c)

provides inspection and enforcement

authority.)

.0102 Copies of referenced Federal

regulations

.0103 Adoption by reference updates

.0104 Identification of tanks

2. Section .0200 Program Scope and Interim

Prohibition

.0201 Applicability (Except insofar as it

subjects USTs containing de minimis

Federal Register / Vol. 66, No. 116 / Friday, June 15, 2001 / Rules and Regulations 32571

concentrations of regulated substances to

closure requirements)

.0202 Interim prohibition for deferred UST

systems

.0203 Definitions

3. Section .0300 UST Systems: Design,

Construction, Installation, and Notification

.0301 Performance standards for new UST

systems

.0302 Upgrading of existing UST systems

.0303 Notification requirements

4. Section .0400 General Operating

Requirements

.0401 Spill and overfill control

.0402 Operation and maintenance of

corrosion protection

.0403 Compatibility

.0404 Repairs allowed

.0405 Reporting and recordkeeping

5. Section .0500 Release Detection

.0501 General requirements for all UST

systems

.0502 Requirements for petroleum UST

systems

.0503 Requirements for hazardous

substance UST systems

.0504 Methods of release detection for tanks

.0505 Methods of release detection for

piping

.0506 Release detection recordkeeping

6. Section .0600 Release Reporting,

Investigation, and Confirmation

.0601 Reporting of suspected releases

.0602 Investigation due to off-site impacts

.0603 Release investigation and

confirmation steps

.0604 Reporting and cleanup of spills and

overfills

7. Section .0700 Release Response and

Corrective Action for UST Systems

Containing Petroleum or Hazardous

Substances

.0701 General

.0702 Initial response

.0703 Initial abatement measures and site

check

.0704 Initial site characterization

.0705 Free product removal

.0706 Investigations for soil and ground

water cleanup

.0707 Corrective action plan

.0708 Public participation

8. Section .0800 Out-of-Service UST

Systems and Closure

.0801 Temporary closure

.0802 Permanent closure and changes-inservice (Except insofar as it subjects

USTs containing de minimis

concentrations of regulated substances to

closure requirements)

.0803 Assessing the site at closure or

change-in-service

.0804 Applicability to previously closed

UST systems

.0805 Closure records

North Carolina Administrative Code, Title

15A—Department of Environment and

Natural Resources; Chapter 2, Subchapter 2O:

Financial Responsibility Requirements for

Owners and Operators of Underground

Storage Tanks

1. Section .0100 General Considerations

.0101 General (Except insofar as .0101(c)

provides inspection and enforcement

authority.)

.0102 Copies of referenced Federal

regulations

.0103 Substituted sections

2. Section .0200 Program Scope

.0201 Applicability

.0202 Compliance dates

.0203 Definitions (Except insofar as (b)(1)

defines ‘‘annual operating fee’’)

.0204 Amount and scope of required

financial responsibility

3. Section .0300 Assurance Mechanisms

.0301 Allowable mechanisms and

combinations of mechanisms

.0302 Self insurance

.0303 Guarantee

.0304 Insurance and risk retention group

coverage

.0305 Surety bond

.0306 Letter of credit

.0307 Standby trust fund

.0308 Insurance pools

.0309 Substitution of financial assurance

mechanisms

.0310 Cancellation or nonrenewal by a

provider of assurance

4. Section .0400 Responsibilities of Owners

and Operators

.0401 Reporting by owner or operator

.0402 Record keeping (Except insofar as

(b)(2) addresses annual operating fee

requirements.)

5. Section .0500 Changes in Status

.0501 Drawing on financial assurance

mechanisms

.0502 Release from the requirements

.0503 Incapacity of owner or operator or

provider of assurance

.0504 Replenishment

North Carolina Administrative Code, Title

15A—Department of Environment and

Natural Resources; Chapter 2, Subchapter 2P:

Leaking Petroleum Underground Storage

Tank Cleanup Funds

1. Section .0100 General Considerations

.0101 General (Except insofar as .0101(d)

provides inspection and enforcement

authority.)

.0102 Copies of rules incorporated by

reference

.0103 False or misleading information

2. Section .0200 Program Scope

.0201 Applicability (Except insofar as

.0201(a) and (b) relate to annual

operating fees.)

.0202 Definitions (Except insofar as .0202

(b)(1) relates to annual operating fees.)

3. Section .0300 Annual Operating Fees

.0302 Notification

4. Section .0400 Reimbursement Procedure

.0401 Eligibility of owner or operator

(Except insofar as .0401(b) relates to

annual operating fees.)

.0402 Cleanup costs

.0403 Third party claims

.0404 Requests for reimbursement

.0405 Method of reimbursement

.0406 Reimbursement apportionment

.0407 Final action

[FR Doc. 01–14895 Filed 6–14–01; 8:45 am]

BILLING CODE 6560–50–P

DEPARTMENT OF THE INTERIOR

Bureau of Land Management

43 CFR Part 3800

[WO–320–1990–PB–24 1A]

RIN 1004–AD22

Mining Claims Under the General

Mining Laws; Surface Management

AGENCY: Bureau of Land Management,

Interior.

ACTION: Final rule.

SUMMARY: The Bureau of Land

Management (BLM) is issuing this final

rule to amend at this time only one

provision of its regulations for surface

management of mining operations

conducted under the Mining Laws. This

final rule changes the date by which

operators with plans of operation

approved by BLM before January 20,

2001, must provide a financial

guarantee—from July 19, 2001, to

November 20, 2001, for operations that

already have financial guarantees, and

to September 13, 2001 for operations

without any financial guarantee.

The amendment is necessary because

BLM field offices and the State

governments with which we cooperate

are not able to implement the financial

guarantee requirements in the existing

regulations to enable operators to

comply by the deadline in those

regulations. Changing the deadline will

better enable BLM and the States to

implement fully the financial guarantee

requirements in the BLM surface

management regulations. BLM intends

to retain the financial guarantee

(sometimes referred to as ‘‘bonding’’)

provisions in these regulations that

became effective on January 20, 2001.

BLM will issue a final rule addressing

other issues identified in its March 23,

2001, notice of proposed rulemaking at

a later date.

EFFECTIVE DATE: July 16, 2001.

ADDRESSES: You may send inquiries or

suggestions to Director (320), 501LS,

Bureau of Land Management, 1849 C

St., NW, Washington, DC 20240.