Federal Register / Vol. 60, No. 44 / Tuesday, March 7, 1995 / Rules and Regulations 12631

only clear mechanism to enforce those

requirements is on-site inspections of

each facility. The IDNR has established

an abbreviated enforcement procedure

to deal with those specific violations, so

that a large number of enforcement

actions can be undertaken in a relatively

short period of time. With its available

resources, the IDNR performs over 400

on-site inspections each year.

In response to the comments alleging

waste of cleanup resources, the IDNR

attributed many of the public concerns

to difficulties the agency has had in

identifying the soil and groundwater

contamination, and the resulting failure

of nearly every remediation system that

was installed. As a result, the IDNR is

now requiring more detailed

assessments of contaminated sites to

determine the risks and necessary

actions, and to provide assurance that

the remediation will be successful.

Concerning risk assessment, the IDNR

commented that since 1992 it has been

applying a risk-based assessment to set

the appropriate standards to protect

human health and the environment, and

was one of the first states in the nation

to do so. Since then, 43 percent of

assessed sites have been required to

perform some form of remediation, and

57 percent have been allowed to either

do nothing or to monitor only. There

has been a continuous effort to improve

on and reduce the amount of

remediation required.

In response to the above comments,

the EPA notes that none of the

comments identified any problems with

the scope of the Iowa UST program or

whether the Iowa regulations are less

stringent than the federal requirements.

Although some commenters identified

problems with the adequacy of

enforcement of the leak detection and

financial responsibility requirements,

the EPA is satisfied that the IDNR is

using its available resources to

adequately enforce these requirements

and will continue taking steps to

achieve universal compliance at UST

facilities in Iowa.

Additionally, the EPA considers the

IDNR’s efforts to achieve required

cleanups to be adequate for program

approval, but acknowledges the

technical and financial difficulties in

achieving cleanups. The IDNR is making

progress in improving remediation

efficiency through more detailed site

assessments and the use of risk based

cleanup standards.

Also, the EPA acknowledges that

owners of USTs face sometimes

enormous financial challenges in

complying with the technical operating

requirements and in performing

required cleanups of contaminated sites.

However, those requirements would be

the same whether or not EPA approves

the Iowa UST program. Further, upon

approval the Iowa UST program would

operate in lieu of the federal program

and owners and operators would look

only to the Iowa set of requirements to

determine their compliance.

Finally, in response to the suggestion

that the EPA should provide technical

and administrative assistance to the

IDNR, the EPA notes that after program

approval the EPA will continue to

provide the IDNR such assistance. Also,

the EPA/State Memorandum of

Agreement that is part of the program

approval application provides for

continued information exchanges

between the EPA and the IDNR to

monitor and improve site cleanups and

enforcement activities.

D. Decision

I conclude that the State of Iowa’s

application for final approval meets all

the statutory and regulatory

requirements established by Subtitle I of

RCRA. Accordingly, Iowa is granted

final approval to operate its UST

program. The State of Iowa now has the

responsibility for managing all regulated

UST facilities within its borders and

carrying out all aspects of the UST

program except with regard to Indian

lands, where EPA will retain and

otherwise exercise regulatory authority.

Iowa also has primary enforcement

responsibility, although EPA retains the

right to conduct inspections under

Section 9005 of RCRA, 42 U.S.C. 6991d,

and to take enforcement actions under

Section 9006 of RCRA, 42 U.S.C. 6991e.

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.

Certification Under the Regulatory

Flexibility Act

Pursuant to the provisions of 5 U.S.C.

605(b), I hereby certify that this

approval will not have a significant

economic impact on a substantial

number of small entities. This approval

effectively suspends the applicability of

certain Federal regulations in favor of

Iowa’s program, thereby eliminating

duplicative requirements for owners

and operators of underground storage

tanks in the state. It does not impose

any new burdens on small entities. This

rule, therefore, does not require a

regulatory flexibility analysis.

List of Subjects in 40 CFR Part 281

Environmental protection,

Administrative practice and procedure,

Hazardous materials, State program

approval, Underground storage tanks.

Authority: This action is issued under the

authority of Sections 2002(a), 7004(b), and

9004 of the Solid Waste Disposal Act as

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

6991c.

Dated: February 7, 1995.

Delores Platt,

Acting Regional Administrator.

[FR Doc. 95–5526 Filed 3–6–95; 8:45 am]

BILLING CODE 6560–50–P

ENVIRONMENTAL PROTECTION

AGENCY

40 CFR Part 282

[FRL–5164–5]

Underground Storage Tank Program:

Approved State Program for Iowa

AGENCY: Environmental Protection

Agency (EPA).

ACTION: Immediate final rule.

SUMMARY: The Resource Conservation

and Recovery Act of 1976, as amended

(RCRA), authorizes the U.S.

Environmental Protection Agency (EPA)

to grant approval to states to operate

their underground storage tank

programs 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 prior approval

of Iowa’s underground storage tank

program and incorporates by reference

appropriate provisions of state statutes

and regulations.

DATES: This regulation is effective May

8, 1995, unless EPA publishes a prior

Federal Register document withdrawing

this immediate final rule. All comments

on the codification of Iowa’s

underground storage tank program must

be received by the close of business

April 6, 1995. The incorporation by

reference of certain publications listed

in the regulations is approved by the

Director of the Federal Register, as of

May 8, 1995, in accordance with 5

U.S.C. 552(a).

ADDRESSES: Comments may be mailed to

WSTM/RCRA/STPG, Underground

Storage Tank Program, U.S. EPA Region
12632 Federal Register / Vol. 60, No. 44 / Tuesday, March 7, 1995 / Rules and Regulations

7, 726 Minnesota Ave., Kansas City,

Kansas, 66101. Comments received by

EPA may be inspected at the above

address from 9 a.m. to 4 p.m., Monday

through Friday, excluding federal

holidays.

FOR FURTHER INFORMATION CONTACT: Lee

Daniels, Underground Storage Tank

Program, U.S. EPA Region 7, 726

Minnesota Ave., Kansas City, Kansas,

66101. Phone: (913) 551–7651.

SUPPLEMENTARY INFORMATION:

Background

Section 9004 of the Resource

Conservation and Recovery Act of 1976,

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

allows the U.S. Environmental

Protection Agency to approve state

underground storage tank programs to

operate in the state in lieu of the federal

underground storage tank program. EPA

published a Federal Register document

announcing its decision to grant

approval to Iowa elsewhere in this issue

of the Federal Register. Approval will

be effective on May 8, 1995.

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 the Iowa

underground storage tank program. This

codification reflects the state program in

effect at the time EPA granted Iowa

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 Iowa 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 Iowa program and by

amending the Code of Federal

Regulations whenever a new or different

set of requirements is approved in Iowa,

the status of federally approved

requirements of the Iowa program will

be readily discernible. Only those

provisions of the Iowa underground

storage tank program for which approval

has been granted by EPA will be

incorporated by reference for

enforcement purposes.

To codify EPA’s approval of Iowa’s

underground storage tank program, EPA

has added § 282.65 to title 40 of the

CFR. Section 282.65 incorporates by

reference for enforcement purposes the

State’s statutes and regulations. Section

282.65 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

procedures rather than the state

authorized analogs to these provisions.

Therefore, the approved Iowa

enforcement authorities will not be

incorporated by reference. Section

282.65 lists those approved Iowa

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 282.65 of the

codification simply lists for reference

and clarity the Iowa 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.

Certification Under the Regulatory

Flexibility Act

This rule codifies the decision already

made, published elsewhere in this issue

of the Federal Register, to approve the

Iowa underground storage tank program

and thus has no separate effect.

Therefore, this rule does not require a

regulatory flexibility analysis. Thus,

pursuant to section 605(b) of the

Regulatory Flexibility Act, 5 U.S.C.

605(b), I hereby certify that this rule will

not have a significant economic impact

on a substantial number of small

entities.

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

program approval, Underground storage

tanks, Water pollution control.

Dated: February 7, 1995.

Delores Platt,

Acting Regional Administrator.

For the reasons set forth in the

preamble, 40 CFR part 282 is proposed

to be 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

§ 282.65 to read as follows:

§ 282.65 Iowa State-administered program.

(a) The State of Iowa 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 Iowa Department

of Natural Resources, was approved by

EPA pursuant to 42 U.S.C. 6991c and

part 281 of this Chapter. EPA approved

the Iowa program on March 7, 1995 and

it was effective on May 8, 1995.

(b) Iowa 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.

(c) To retain program approval, Iowa

must revise its approved program to
Federal Register / Vol. 60, No. 44 / Tuesday, March 7, 1995 / Rules and Regulations 12633

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 Iowa 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) Iowa has final approval for the

following elements submitted to EPA in

Iowa’s program application for final

approval and approved by EPA on

March 7, 1995. Copies may be obtained

from the Underground Storage Tank

Program, Iowa Department of Natural

Resources, Wallace State Office

Building, 900 East Grand, Des Moines,

Iowa, 50319.

(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) Iowa Statutory Requirements

Applicable to the Underground Storage

Tank Program, 1994

(B) Iowa Regulatory Requirements

Applicable to the Underground Storage

Tank Program, 1994

(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:

Code of Iowa, Chapter 455B, Sections

103(4), 109, 111, 112, 475, 476, 477 and

478.

(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) Code of Iowa, Chapter 455B,

Sections 113, 114 and 115 insofar as

they apply to certified laboratories; 479

insofar as it applies to account

dispersion; Chapter 455G, Sections 1–20

insofar as they apply to the

comprehensive petroleum underground

storage tank fund.

(B) Iowa Administrative Code, Rule

567, Chapter 134.1–5 insofar as they

apply to the registration of groundwater

professionals; 135.3(4) insofar as it

applies to farm or residential tanks of

1,100 gallons or less capacity used for

storing motor fuel for noncommercial

purposes.

(2) Statement of legal authority. (i)

‘‘Attorney General’s Statement for Final

Approval’’, signed by the Attorney

General of Iowa on December 22, 1993,

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 Iowa to EPA, dated December 22,

1993, 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 in March

of 1994, 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 in March 1994, 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 7 and the Iowa Department

of Natural Resources, signed by the EPA

Regional Administrator on June 22,

1994, 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 ‘‘Iowa’’

and its listing.

Appendix A to Part 282—State

Requirements Incorporated by

Reference in Part 282 of the Code of

Federal Regulations

* * * * *

Iowa

(a) The statutory provisions include

Code of Iowa, 1993; Chapter 455B,

Jurisdiction of Department:

Section 101—Definitions

Section 103—Director’s duties, except for

455B.103(4)

Section 105—Powers and duties of the

commission, except for 105(5), 105(11)a(3)

and 105(11)b

Section 471—Definitions

Section 472—Declaration of policy

Section 473—Report of existing and new

tanks—fee

Section 473A—Petroleum underground

storage tank registration amnesty program

Section 474—Duties of Commission—rules

Section 479—Storage tank management fee,

except for the 2nd and 3rd sentences

(b) The regulatory provisions include

Iowa Administrative Code, 1993, Rule

567, Environmental Protection

Commission:

Chapter 131.1—Definitions

Chapter 131.2—Report of Hazardous

Conditions

Chapter 133.1—Scope

Chapter 133.2—Definitions

Chapter 133.3—Documentation of

contamination and source

Chapter 133.4—Response to contamination

Chapter 133.5—Report to commission

Chapter 135.1—Authority, purpose and

applicability

Chapter 135.2—Definitions

Chapter 135.3—UST systems—design,

construction, installation, and notification,

except for 135.3(4)a, 3(4)b and 3(4)c

Chapter 135.4—General operating

requirements

Chapter 135.5—Release detection

Chapter 135.6—Release reporting,

investigation, and confirmation

Chapter 135.7—Release response and

corrective action for UST systems

containing petroleum or hazardous

substances

Chapter 135.8—Site cleanup report

Chapter 135.9—Out-of-service UST systems

and closure

Chapter 135.10—Laboratory analytical

methods for petroleum contamination of

soil and groundwater

Chapter 135.11—Evaluation of ability to pay

Chapter 136.1—Applicability

Chapter 136.2—Compliance dates

Chapter 136.3—Definition of terms

Chapter 136.4—Amount and scope of

required financial responsibility

Chapter 136.5—Allowable mechanisms and

combinations of mechanisms

Chapter 136.6—Financial test of selfinsurance

Chapter 136.7—Guarantee

Chapter 136.8—Insurance and risk retention

group coverage

Chapter 136.9—Surety bond

Chapter 136.10—Letter of credit

Chapter 136.11—Trust fund

Chapter 136.12—Standby trust fund

Chapter 136.13—Local government bond

rating test

Chapter 136.14—Local government financial

test

Chapter 136.15—Local government guarantee

Chapter 136.16—Local government fund

Chapter 136.17—Substitution of financial

assurance mechanisms by owner or

operator

Chapter 136.18—Cancellation or nonrenewal

by a provider of financial assurance

Chapter 136.19—Reporting by owner or

operator

Chapter 136.20—Record keeping

Chapter 136.21—Drawing on financial

assurance mechanisms

Chapter 136.22—Release from the

requirements

Chapter 136.23—Bankruptcy or other

incapacity of owner or operator or provider

of financial assurance
12634 Federal Register / Vol. 60, No. 44 / Tuesday, March 7, 1995 / Rules and Regulations

Chapter 136.24—Replenishment of

guarantees, letters of credit, or surety

bonds.

[FR Doc. 95–5527 Filed 3–6–95; 8:45 am]

BILLING CODE 6560–50–P