32564 Federal Register / Vol. 66, No. 116 / Friday, June 15, 2001 / Rules and Regulations

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[FR Doc. 01–15029 Filed 6–14–01; 8:45 am]

BILLING CODE 6560–50–P

ENVIRONMENTAL PROTECTION

AGENCY

40 CFR Part 281

[FRL–6976–4]

North Carolina; Final Approval of State

Underground Storage Tank Program

AGENCY: Environmental Protection

Agency.

ACTION: Notice of final determination on

the State of North Carolina’s application

for final approval.

SUMMARY: The State of North Carolina

has applied for approval of its

underground storage tank program for

petroleum and hazardous substances

under Subtitle I of the Resource

Conservation and Recovery Act (RCRA).

The Environmental Protection Agency

(EPA) has reviewed North Carolina’s

application and has reached a final

determination that North Carolina’s

underground storage tank program for

petroleum and hazardous substances

satisfies all of the requirements

necessary to qualify for approval. Thus,

EPA is granting final approval to the

State of North Carolina to operate its

underground storage tank program for

petroleum and hazardous substances.

EFFECTIVE DATE: Final approval for the

State of North Carolina’s underground

storage tanks program shall be effective

August 14, 2001.

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 SW., Atlanta, Georgia 30303,

phone number: (404) 562–9441.

SUPPLEMENTARY INFORMATION:

A. Background

Section 9004 of the Resource

Conservation and Recovery Act (RCRA)

authorizes 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 (UST)

program. To qualify for final

authorization, a state’s program must:

(1) Be ‘‘no less stringent’’ than the

Federal program for the seven elements

set forth at RCRA Section 9004(a)(1)

through (7); and (2) provide for adequate

enforcement of compliance with UST

standards of RCRA Section 9004(a).

Note that RCRA sections 9005 (on

information-gathering) and 9006 (on

Federal enforcement) by their terms

apply even in states with programs

approved by EPA under RCRA section

9004. Thus, the Agency retains its

authority under RCRA sections 9005

and 9006, 42 U.S.C. 6991d and 6991e,

and other applicable statutory and

regulatory provisions to undertake

inspections and enforcement actions in

approved states. With respect to such an

enforcement action, the Agency will

rely on Federal sanctions, Federal

inspection authorities, and Federal

procedures rather than the state

authorized analogues to these

provisions.

On January 16, 1998, the State of

North Carolina submitted an official

application to obtain final program

approval to administer the underground

storage tank program for petroleum and

hazardous substances. On August 10,

1999, EPA published a tentative

decision announcing its intent to grant

North Carolina final approval. Further

background on the tentative decision to

grant approval appears at 64 FR 43336,

August 10, 1999.

Along with the tentative

determination, EPA announced the

availability of the application for public

comment and the date of a public

hearing on the application. EPA

requested advance notice for testimony

and reserved the right to cancel the

public hearing for lack of public

interest. Since there was no public

request, the public hearing was

cancelled. No public comments were

received regarding EPA’s approval of

North Carolina’s underground storage

tank program.

The State of North Carolina is not

approved to operate the underground

storage tank program on Indian lands

within the State’s borders.

B. Decision

I conclude that the State of North

Carolina’s application for final program

approval meets all of the statutory and

regulatory requirements established by

Subtitle I of RCRA. Accordingly, North

Carolina is granted final approval to

operate its underground storage tank

program for petroleum and hazardous

substances. The State of North Carolina

now has the responsibility for managing

all regulated underground storage tank

facilities within its border and carrying

out all aspects of the underground

storage tank program except with regard

to Indian lands where EPA will have

regulatory authority. North Carolina also

has primary enforcement responsibility,

although EPA retains the right to

conduct enforcement actions under

section 9006 of RCRA.

C. Administrative Requirements

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 cost-effective 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. The UMRA generally

excludes from the definition of ‘‘Federal

intergovernmental mandate’’ duties that

arise from participation in a voluntary

Federal program. North Carolina’s

participation in EPA’s state program

approval process under RCRA Subtitle I

is voluntary. 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.

Federal Register / Vol. 66, No. 116 / Friday, June 15, 2001 / Rules and Regulations 32565

Although small governments may own

and/or operate underground storage

tanks, they are already subject to the

regulatory requirements under the

existing State requirements that EPA is

now approving and, thus, 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 requirements which EPA is now

approving. This action merely approves

for the purpose of RCRA section 9004

those existing State requirements.

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,

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.

EPA interprets Executive Order 13045

as applying only to those regulatory

actions that are based on health or safety

risks, such that the analysis required

under section 5–501 of the Order has

the potential to influence the regulation.

This rule is not subject to Executive

Order 13045 because it approves a state

program.

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

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