53742 Federal Register / Vol. 73, No. 181 / Wednesday, September 17, 2008 / Rules and Regulations 

§ 180.412 Sethoxydim; tolerances for 

residues. 

(a) * * * 

Commodity Parts per million 

Alfalfa, forage ................. 40 

Alfalfa, hay ...................... 40 

Almond, hulls .................. 2.0 

Apricot ............................. 0.2 

Apple, wet pomace ......... 0.8 

Asparagus ....................... 4.0 

Bean, succulent .............. 15 

Beet, sugar, molasses .... 10 

Beet, sugar, tops ............ 3.0 

Blueberry ........................ 4.0 

Borage, meal .................. 10 

Borage, seed .................. 6.0 

Buckwheat, flour ............. 25 

Buckwheat, grain ............ 19 

Caneberry subgroup 13 

A .................................. 5.0 

Canola, meal .................. 40 

Canola, seed .................. 35 

Cattle, fat ........................ 0.2 

Cattle, meat .................... 0.2 

Cattle, meat byproducts 1.0 

Cherry, sweet ................. 0.2 

Cherry, tart ...................... 0.2 

Citrus, dried pulp ............ 1.5 

Clover, forage ................. 35 

Clover, hay ..................... 55 

Coriander, leaves ........... 4.0 

Corn, field, forage ........... 2.0 

Corn, field, grain ............. 0.5 

Corn, field, stover ........... 2.5 

Corn, sweet, forage ........ 3.0 

Corn, sweet, kernel plus 

cob with husk removed 0.4 

Corn, sweet, stover ........ 3.5 

Cotton, undelinted seed 5.0 

Cowpea, forage .............. 15 

Cowpea, hay ................... 50 

Cranberry ........................ 2.5 

Dillweed, fresh leaves .... 10 

Egg ................................. 2.0 

Flax, seed ....................... 5.0 

Fruit, citrus, group 10 ..... 0.5 

Fruit, pome, group 11 ..... 0.2 

Goat, fat .......................... 0.2 

Goat, meat ...................... 0.2 

Goat, meat byproducts ... 1.0 

Grape .............................. 1.0 

Grape, raisin ................... 2.0 

Hog, fat ........................... 0.2 

Hog, meat ....................... 0.2 

Hog, meat byproducts .... 1.0 

Horse, fat ........................ 0.2 

Horse, meat .................... 0.2 

Horse, meat byproducts 1.0 

Juneberry ........................ 5.0 

Lingonberry ..................... 5.0 

Milk ................................. 0.5 

Nectarine ........................ 0.2 

Nut, tree, group 14 ......... 0.2 

Okra ................................ 2.5 

Pea and bean, dried 

shelled, except soybean, subgroup 6C ..... 25 

Pea, field, hay ................. 40 

Pea, field, vines .............. 20 

Pea, succulent ................ 10 

Peach .............................. 0.2 

Peanut ............................ 25 

Peppermint, tops ............ 30 

Pistachio ......................... 0.2 

Commodity Parts per million 

Potato granules/flakes .... 8.0 

Potato waste, processed 8.0 

Poultry, fat ...................... 0.2 

Poultry, meat .................. 0.2 

Poultry, meat byproducts 2.0 

Radish, tops .................... 4.5 

Rapeseed, meal ............. 40 

Rapeseed, seed ............. 35 

Safflower, seed ............... 15 

Salal ................................ 5.0 

Sheep, fat ....................... 0.2 

Sheep, meat ................... 0.2 

Sheep, meat byproducts 1.0 

Soybean, hay .................. 10 

Soybean, seed ................ 16 

Spearmint, tops .............. 30 

Strawberry ...................... 10 

Sunflower, meal .............. 20 

Sunflower, seed .............. 7.0 

Turnip, tops ..................... 5.0 

Vegetable, brassica, 

leafy, group 5 .............. 5.0 

Vegetable, bulb, group 3 1.0 

Vegetable, cucurbit, 

group 9 ........................ 4.0 

Vegetable, fruiting, group 

8 .................................. 4.0 

Vegetable, leafy, except 

brassica, group 4 ........ 4.0 

Vegetable, root and 

tuber, group 1 ............. 4.0 

* * * * * 

[FR Doc. E8–21736 Filed 9–16–08; 8:45 am] 

BILLING CODE 6560–50–S 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 282 

[EPA–R09–UST–2007–1122; FRL–8716–3] 

Underground Storage Tank Program: 

Approved State Program for Hawaii 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Immediate final rule. 

SUMMARY: The Resource Conservation 

and Recovery Act of 1976, as amended 

(RCRA), authorizes EPA to grant 

approval to States to operate their 

underground storage tank programs in 

lieu of the Federal program. This action 

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 in accordance with sections 

9005 and 9006 of RCRA Subtitle I and 

other applicable statutory and 

regulatory provisions. This rule codifies 

the prior approval of the State of 

Hawaii’s underground storage tank 

program and incorporates by reference 

appropriate provisions of State statutes 

and regulations. 

DATES: This final rule is effective 

November 17, 2008, unless EPA 

publishes a prior Federal Register 

notice withdrawing this immediate final 

rule. All comments on the codification 

of Hawaii’s underground storage tank 

program must be received by the close 

of business October 17, 2008. The 

incorporation by reference of certain 

publications listed in the regulations is 

approved by the Director of the Federal 

Register, as of November 17, 2008, in 

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

ADDRESSES: Submit your comments, 

identified by Docket ID No. EPA–R09– 

UST–2007–112, by one of the following 

methods: 

• http://www.regulations.gov: Follow 

the on-line instructions for submitting 

comments. 

• E-mail: amaro.laurie@epa.gov. 

• Fax: (415) 947–3530. 

• Mail: Laurie Amaro, U.S. EPA 

Region 9, 75 Hawthorne Street, (Mail 

Code: WST–8), San Francisco, CA 

94105. 

• Hand Delivery: Laurie Amaro, 

Waste Management Division, U.S. EPA 

Region 9, 75 Hawthorne Street, San 

Francisco, CA 94105. Such deliveries 

are only accepted during EPA’s normal 

hours of operation and should be made 

to the EPA receptionist office on the 

first floor. 

Instructions: Direct your comments to 

Docket ID No. EPA–R09–UST–2007– 

112. EPA’s policy is that all comments 

received will be included in the public 

docket without change and may be 

made available online at http:// 

www.regulations.gov including any 

personal information provided, unless 

the comment includes information 

claimed to be Confidential Business 

Information (CBI) or other information 

whose disclosure is restricted by statue. 

Do not submit information that you 

consider to be CBI or otherwise 

protected through http:// 

www.regulations.gov or e-mail. The 

http://www.regulations.gov Web site is 

an ‘‘anonymous access’’ system, which 

means WPA will not know your identity 

or contact information unless you 

provide it in the body of your comment. 

If you send an e-mail comment directly 

to EPA without going through http:// 

www.regulations.gov your e-mail 

address will be automatically captured 

and included as part of the comment 

that is placed in the public docket and 

made available on the Internet. If you 

submit an electronic comment, EPA 

recommends that you include your 

name and other contact information in 

the body of your comment and with any 

disk or CD–ROM you submit. If EPA 

cannot read your comment due to 

mstockstill on PROD1PC66 with RULES

Federal Register / Vol. 73, No. 181 / Wednesday, September 17, 2008 / Rules and Regulations 53743 

technical difficulties and cannot contact 

you for clarification, EPA may not be 

able to consider your comment. 

Electronic files should avoid the use of 

special characters, any form of 

encryption, and be free of any defects or 

viruses. 

Docket: All documents in the docket 

are listed in the http:// 

www.regulations.gov index. Although 

listed in the index, some information is 

not publicly available, e.g., CBI or other 

information whose disclosure is 

restricted by statute. Certain other 

materials, such as copyrighted material, 

will be publicly available only in hard 

copy. Publicly available docket 

materials are available either 

electronically through http:// 

www.regulations.gov or in hard copy at 

the EPA Region 9 Environmental 

Information Center Library, 13th Floor, 

75 Hawthorne Street, San Francisco, CA 

94706; Business hours: 9 a.m. to noon 

and 1 p.m. to 4 p.m., Monday– 

Thursday. Phone Number: (415) 947– 

4406; e-mail address: libraryregion9@epa.gov. 

You may also view and copy Hawaii’s 

underground storage tank statute and 

regulations at: Hawaii Department of 

Health, Solid and Hazardous Waste 

Branch, 919 Ala Moana Blvd., Room 

212, Honolulu, Hawaii 96814–4920. Call 

(808) 586–4226 in advance to make an 

appointment. 

FOR FURTHER INFORMATION CONTACT: 

Laurie Amaro, U.S. EPA Region 9, 75 

Hawthorne Street, (Mail Code: WST–8), 

San Francisco, CA 94105. Phone 

Number: (415) 972–3364; e-mail 

address: amaro.laurie@epa.gov. 

SUPPLEMENTARY INFORMATION: 

Background 

Section 9004 of RCRA, 42 U.S.C. 

6991c, allows the EPA to approve a 

State underground storage tank program 

to operate in the State in lieu of the 

Federal underground storage tank 

program. EPA published a rule in the 

Federal Register granting approval to 

Hawaii on September 25, 2002, and 

approval was effective on September 30, 

2002 (67 FR 60161). 

EPA codifies its approval of a State 

program in 40 CFR part 282 and 

incorporates by reference therein the 

State’s statutes and regulations that 

make up the approved program which is 

federally-enforceable in accordance 

with 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 

Hawaii’s underground storage tank 

program. This codification reflects the 

State program in effect at the time EPA 

granted Hawaii’s approval, in 

accordance with 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 Hawaii program, and EPA 

is not now reopening that decision nor 

requesting comment on it. 

To codify EPA’s approval of Hawaii’s 

underground storage tank program, EPA 

has added section 282.61 to title 40 of 

the CFR. 40 CFR 282.61(d)(1)(i) 

incorporates by reference the State’s 

statutes and regulations that make up 

the approved program which is 

federally-enforceable. 40 CFR 282.61 

also references the Attorney General’s 

Statement, the Demonstration of 

Adequate Enforcement Procedures, the 

Program Description, and the 

memorandum of Agreement, which 

were evaluated as part of the approval 

process of the underground storage tank 

program, in accordance with Subtitle I 

of RCRA. 

EPA retains the authority in 

accordance with 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, EPA will 

rely on Federal sanctions, Federal 

inspection authorities, and Federal 

procedures rather than the State 

analogues of these provisions. 

Therefore, Hawaii’s inspection and 

enforcement authorities are not 

incorporated by reference, nor are they 

part of Hawaii’s approved state program 

which operates in lieu of the Federal 

program. These authorities, however, 

are listed in 40 CFR 282.61(d)(1)(ii) for 

informational purposes, and also 

because EPA considered them in 

determining the adequacy of Hawaii’s 

enforcement authority. Hawaii’s 

authority to inspect and enforce the 

State’s underground storage tank 

requirements continues to operate 

independently under State law. 

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 Federal 

enforcement in 40 CFR part 282. Section 

282.61(d)(1)(iii) of the codification 

simply lists for reference and clarity the 

Hawaii 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. 

When the phrases, ‘‘insofar’’ and 

‘‘except insofar,’’ are used in Appendix 

A (which provides an informational 

listing of the state requirements 

incorporated by reference in Part 282 of 

the Code of Federal Regulations), refer 

to the binders in the codification 

materials for specifics as to any words, 

phrases, sentences, paragraphs, or 

subsections that are ‘‘crossed-out’’ in the 

binders. These crossed-out materials are 

not incorporated by reference in Part 

282 of the Code of Federal Regulations. 

Statutory and Executive Order Reviews 

This action only codifies EPAauthorized underground storage tank 

program requirements pursuant to 

RCRA section 9004 and imposes no 

requirements other than those imposed 

by State law (see SUPPLEMENTARY

INFORMATION). Therefore, this rule 

complies with applicable executive 

orders and statutory provisions as 

follows. 

1. Executive Order 12866: Regulatory 

Planning Review—The Office of 

Management and Budget has exempted 

this rule from its review under 

Executive Order (EO) 12866. 2. 

Paperwork Reduction Act—This rule 

does not impose an information 

collection burden under the Paperwork 

Reduction Act. 3. Regulatory Flexibility 

Act—After considering the economic 

impacts of today’s rule on small entities 

under the Regulatory Flexibility Act, I 

certify that this rule will not have a 

significant economic impact on a 

substantial number of small entities. 4. 

Unfunded Mandates Reform Act— 

Because this rule codifies pre-existing 

requirements under state law and does 

not impose any additional enforceable 

duty beyond that required by state law, 

it does not contain any unfunded 

mandate or significantly or uniquely 

affect small governments, as described 

in the Unfunded Mandates Reform Act. 

5. Executive Order 13132: Federalism— 

EO 13132 does not apply to this rule 

because it will not have federalism 

implications (i.e., 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). 6. 

Executive Order 13175: Consultation 

and Coordination with Indian Tribal 

Governments—EO 13175 does not apply 

mstockstill on PROD1PC66 with RULES

53744 Federal Register / Vol. 73, No. 181 / Wednesday, September 17, 2008 / Rules and Regulations 

to this rule because it will not have 

tribal implications (i.e., substantial 

direct effects on one or more Indian 

tribes, 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). 7. 

Executive Order 13045: Protection of 

Children from Environmental Health & 

Safety Risks—This rule is not subject to 

EO 13045 because it is not economically 

significant and it is not based on health 

or safety risks. 8. Executive Order 

13211: Actions that Significantly Affect 

Energy Supply, Distribution, or Use— 

This rule is not subject to EO 13211 

because it is not a significant regulatory 

action as defined in EO 12866. 9. 

National Technology Transfer and 

Advancement Act—EPA has previously 

addressed the non-applicability of the 

National Technology Transfer and 

Advancement Act in its final approval 

of this state program. See 67 FR 60161 

for final approval of state program. 

Section 12(d) of the National 

Technology Transfer and Advancement 

Act does not apply to this action. 10. 

Congressional Review Act—EPA will 

submit a report containing this rule and 

other information required by the 

Congressional Review Act (5 U.S.C. 801 

et seq.) to the U.S. Senate, the U.S. 

House of Representatives, and the 

Comptroller General of the United 

States prior to publication in the 

Federal Register. A major rule cannot 

take effect until 60 days after it is 

published in the Federal Register. This 

action is not a ‘‘major rule’’ as defined 

by 5 U.S.C. 804(2). Nevertheless, to 

allow time for public comment, this 

action will be effective on November 17, 

2008. 

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: September 5, 2008. 

Jane Diamond, 

Acting Regional Administrator, EPA Region 

9. 

■ 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 

§ 282.61 to read as follows: 

§ 282.61 Hawaii State-Administered 

Program. 

(a) The State of Hawaii’s underground 

storage tank program is approved in lieu 

of the Federal program in accordance 

with 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 Hawaii Department 

of Health, was approved by EPA 

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

281 of this chapter. EPA approved the 

Hawaii underground storage tank 

program on September 25, 2002, and 

approval was effective on September 30, 

2002. 

(b) Hawaii has primary responsibility 

for enforcing its underground storage 

tank program. However, EPA retains the 

authority to exercise its inspection and 

enforcement authorities in accordance 

with sections 9005 and 9006 of Subtitle 

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

regardless of whether the State has 

taken its own actions, as well as in 

accordance with other statutory and 

regulatory provisions. 

(c) To retain program approval, 

Hawaii must revise its approved 

program to adopt new changes to the 

Federal Subtitle I program that make it 

more stringent, in accordance with 

section 9004 of RCRA, 42 U.S.C. 6991c, 

and 40 CFR part 281, subpart E. If 

Hawaii 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) Hawaii has final approval for the 

following elements submitted to EPA in 

the State’s program application for final 

approval. On September 25, 2002, EPA 

published a rule approving the State’s 

program in the Federal Register, 67 FR 

60161. That approval became effective 

on September 30, 2002. Copies of 

Hawaii’s program application may be 

obtained from the Hawaii Department of 

Health, Solid and Hazardous Waste 

Branch, 919 Ala Moana Boulevard, 

Suite 212, Honolulu, HI 96814. 

(1) State statutes and regulations. (i) 

The provisions cited in paragraph 

(d)(1)(i) of this section are incorporated 

by reference as part of the approved 

underground storage tank program in 

accordance with Subtitle I of RCRA, 42 

U.S.C. 6991 et seq. 

(A) Hawaii Statutory Requirements 

Applicable to the Underground Storage 

Tank Program, 2001. 

(B) Hawaii Regulatory Requirements 

Applicable to the Underground Storage 

Tank Program, 2001. 

(ii) EPA considered the following 

statutes and regulations in evaluating 

the State program, but did not 

incorporate them by reference. 

(A) The statutory provisions include 

of the Hawaii Revised Statutes: 

(1) Hawaii Revised Statutes, Chapter 342L, 

Underground Storage Tanks. 

Section 342L–1 Definitions (insofar as 

‘‘complaint’’ sets forth enforcement 

authorities) 

Section 342L–2 Administration 

Section 342L–3 Powers; rulemaking; 

appointment of hearings officers 

Section 342L–7 Authority to obtain 

information and data, inspect, and 

require and conduct activities; penalties 

for disclosure 

Section 342L–8 Enforcement 

Section 342L–9 Emergency powers; 

procedures 

Section 342L–10 Penalties 

Section 342L–11 Administrative 

penalties 

Section 342L–12 Injunctive relief 

Section 342L–12.5 Intervention 

Section 342L–13 Appeal 

Section 342L–15 Public records; 

confidential information 

Section 342L–17 Other action not barred 

Section 342L–18 Enforcement by state 

and county authorities 

Section 342L–19 Other powers of 

department not affected 

Section 342L–20 Effect of laws, 

ordinances, and rules 

Section 342L–21 Priority in courts 

Section 342L–30 Notification 

requirements (insofar as paragraph (i) of 

this section grants the Department 

authority to assess penalties for 

noncompliance) 

Section 342L–51 Leaking underground 

storage tank fund 

Section 342L–52 Response to suspected 

or confirmed releases (insofar as it sets 

forth enforcement authorities) 

Section 342L–53 Cost recovery 

(2) Hawaii Revised Statutes, Chapter 342D, 

Water Pollution. 

Section 342D–8 Inspection of premises 

Section 342D–9 Enforcement 

Section 342D–10 Emergency powers; 

procedures 

Section 342D–11 Injunctive relief 

Section 342D–12 Appeal 

Section 342D–14 Public records; 

confidential information; penalties 

Section 342D–30 Civil penalties 

Section 342D–31 Administrative 

penalties 

Section 342D–32 Negligent violations 

Section 342D–33 Knowing violations 

Section 342D–34 Knowing endangerment 

Section 342D–35 False statements 

Section 342D–36 Treatment of single 

operational upset 

Section 342D–37 Responsible corporate 

officer as ‘‘person’’ 

mstockstill on PROD1PC66 with RULES

Federal Register / Vol. 73, No. 181 / Wednesday, September 17, 2008 / Rules and Regulations 53745 

Section 342D–39 Disposition of collected 

fines and penalties 

Section 342D–52 Testing of water and 

aquatic and other life 

(3) Hawaii Revised Statutes, Chapter 128D, 

Environmental Response Law. 

Section 128D–4 State response 

authorities; uses of fund (insofar as it 

sets forth enforcement authorities for 

certain corrective actions) 

(B) The regulatory provisions include; 

Hawaii Administrative Rules, Chapter 

11–281, Underground Storage Tanks: 

Section 11–281–03 Definitions (insofar as 

‘‘complaint’’ sets forth enforcement 

authorities; and insofar as ‘‘field 

citation’’ and ‘‘force majeure’’ relate to 

the Department’s enforcement 

authorities) 

Section 11–281–80 Public participation 

for corrective action plans (insofar as 

paragraph (j) of this section sets forth 

enforcement authorities) 

Section 11–281–121 Purpose 

Section 11–281–122 Applicability 

Section 11–281–123 Issuance and 

contents of a field citation 

Section 11–281–124 Notice of citation 

Section 11–281–125 Field citation order 

and settlement agreement 

Section 11–281–126 Correcting 

violations; paying the settlement 

amount; and signing the settlement 

agreement 

Section 11–281–127 Method of payment 

Section 11–281–128 Field citation 

penalty amounts for settlement 

Section 11–281–131 Appendices VII and 

VIII (insofar as they relate to the 

Department’s field citation program) 

(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. These 

provisions are not federally enforceable. 

(A) The statutory provisions include; 

Hawaii Revised Statutes, Chapter 342L, 

Underground Storage Tanks: 

Section 342L–1 Definitions (‘‘owner’’ 

insofar as it includes persons who hold 

indicia of ownership to protect an 

interest in a tank system; ‘‘permit’’ 

insofar as it sets forth a permitting 

program; and ‘‘regulated substance’’ 

insofar as it includes other substances as 

designated by the Department) 

Section 342L–4 Permits; procedures for 

(insofar as it establishes a permitting 

program) 

Section 342L–5 Variances allowed 

(insofar as variances exceed the scope of 

the federal program) 

Section 342L–6 Variances; procedures for 

(insofar as variances exceed the scope of 

the federal program) 

Section 342L–14 Fees (insofar as it grants 

the director authority to establish fees for 

registering underground storage tanks) 

Section 342L–16 Non-liability of 

department personnel (insofar as it was 

specifically not authorized in the 

Federal Register notice of program 

approval) 

Section 342L–23 Directory of 

underground storage tank service 

providers (insofar as it was specifically 

not authorized in the Federal Register 

notice of program approval) 

Section 342L–31 Permit requirements 

and transfer of permit (insofar as it 

requires owners and operators to obtain 

permits to install or operate UST 

systems) 

Section 342L–50 Definitions (insofar as 

the definition of ‘‘owner’’ defines lenders 

as operators and subjects such lenders to 

requirements other than the corrective 

action requirements) 

(B) The regulatory provisions include 

the following sections of Hawaii 

Administrative Rules, Chapter 11–281, 

Underground Storage Tanks: 

Section 11–281–03 Definitions (‘‘farm 

tank’’ insofar as it regulates tanks on 

farms that are not used for farm or 

commercial purposes; ‘‘regulated 

substance’’ insofar as the Department can 

designate other substances; ‘‘reportable 

quantity’’ insofar as it sets forth a 

reporting threshold of 10 lbs. for 

trichloropropane; and ‘‘underground 

storage tank’’ insofar as its designation of 

farm tanks exceeds the scope of the 

federal regulations) 

Section 11–281–23 Permit required 

(insofar as it relates to the permitting 

program) 

Section 11–281–24 Application for a 

permit (insofar as paragraphs (a), (b), 

(c)(3), and (c)(4) of this section relate to 

the permitting program) 

Section 11–281–25 Permit (insofar as 

paragraphs (a) and (b) of this section 

relate to the permitting program) 

Section 11–281–26 Permit renewals 

(insofar as it relates to the permitting 

program) 

Section 11–281–27 Action on and timely 

approval of an application for a permit 

(insofar as it relates to the permitting 

program) 

Section 11–281–28 Permit conditions 

(insofar as it relates to the permitting 

program) 

Section 11–281–29 Modification of 

permit and notice of change (insofar as 

it relates to the permitting program) 

Section 11–281–30 Revocation or 

suspension of permit (insofar as it relates 

to the permitting program) 

Section 11–281–31 Change in owner or 

operator for a permit (insofar as it relates 

to the permitting program) 

Section 11–281–32 Variances allowed 

(insofar as variances exceed the scope of 

the federal program) 

Section 11–281–33 Variance applications 

(insofar as variances exceed the scope of 

the federal program) 

Section 11–281–34 Maintenance of 

permit or variance (insofar as it relates to 

the permitting program) 

Section 11–281–35 Fees (insofar as it 

establishes registration fees) 

Section 11–281–45 Reporting and 

recordkeeping (insofar as paragraph 

(b)(3)of this section addresses posting of 

signs; and paragraph (c)(6) of this section 

requires maintenance of permit records) 

Section 11–281–73 Posting of signs 

(insofar as there is no analogous 

provision in the federal regulations) 

Section 11–281–131 Appendices II, IV, V, 

and VI of this section (insofar as they 

address permit application and transfer 

procedures and variances) 

(2) Statement of legal authority. (i) 

‘‘Attorney General’s Statement,’’ signed 

by the State Attorney General on 

October 12, 2000, though not 

incorporated by reference, is referenced 

as part of the approved underground 

storage tank program in accordance with 

Subtitle I of RCRA, 42 U.S.C. 6991 et 

seq. 

(ii) Letter from the Attorney General 

of Hawaii to EPA, October 12, 2000, 

though not incorporated by reference, is 

referenced as part of the approved 

underground storage tank program in 

accordance with 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 May 

23, 2001, though not incorporated by 

reference, is referenced as part of the 

approved underground storage tank 

program in accordance with 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 May 23, 2001, though not 

incorporated by reference, are 

referenced as part of the approved 

underground storage tank program in 

accordance with Subtitle I of RCRA, 42 

U.S.C. 6991 et seq. 

(5) Memorandum of Agreement. The 

Memorandum of Agreement between 

EPA Region 9 and the Hawaii 

Department of Health, signed by the 

EPA Regional Administrator on 

September 13, 2002, though not 

incorporated by reference, is referenced 

as part of the approved underground 

storage tank program in accordance with 

Subtitle I of RCRA, 42 U.S.C. 6991 et 

seq. 

■ 3. Appendix A to Part 282 is amended 

by adding in alphabetical order 

‘‘Hawaii’’ and its listing to read as 

follows: 

Appendix A to Part 282—State 

Requirements Incorporated by 

Reference in Part 282 of the Code of 

Federal Regulations 

* * * * * 

Hawaii 

(a) The statutory provisions include: 

(1) Hawaii Revised Statutes, Chapter 342L, 

Underground Storage Tanks. 

Section 342L–1 Definitions (except 

‘‘complaint’’ insofar as it sets forth 

mstockstill on PROD1PC66 with RULES

53746 Federal Register / Vol. 73, No. 181 / Wednesday, September 17, 2008 / Rules and Regulations 

enforcement authorities; ‘‘owner’’ insofar 

as it includes persons who hold indicia 

of ownership to protect an interest in a 

tank system; ‘‘permit’’ insofar as it sets 

forth a permitting program; and 

‘‘regulated substance’’ insofar as it 

includes other substances as designated 

by the Department) 

Section 342L–7.5 Record maintenance 

Section 342L–30 Notification 

requirements (except paragraph (i) of this 

section insofar as it grants the 

Department authority to assess penalties 

for noncompliance) 

Section 342L–32 Standards for tanks and 

tank systems 

Section 342L–33 Release detection 

Section 342L–34 Reporting of releases 

Section 342L–35 Response to suspected 

or confirmed releases 

Section 342L–36 Financial responsibility 

Section 342L–37 Underground storage 

tank and tank system change in service 

and closure requirements 

Section 342L–50 Definitions (except 

‘‘owner’’ insofar as it defines lenders as 

operators and subjects such lenders to 

requirements other than the corrective 

action requirements) 

(2) Hawaii Revised Statutes, Chapter 342D, 

Water Pollution. 

Section 342D–1 Definitions 

Section 342D–4 Duties; rules 

Section 342D–7 Variances (Insofar as 

paragraph (a) of this appendix is 

applicable to the underground storage 

tank program) 

Section 342D–38 Hazardous substance 

defined 

Section 342D–50 Prohibition 

Section 342D–51 Affirmative duty to 

report discharges 

(3) Hawaii Revised Statutes, Chapter 342E, 

Nonpoint Source Pollution Management 

and Control. 

Section 342E–1 Definitions 

Section 342E–2 Nonpoint source 

pollution management and control 

program 

(b) The regulatory provisions include: 

(1) Hawaii Administrative Rules, Chapter 11– 

281, Underground Storage Tanks 

Section 11–281–01 Applicability 

Section 11–281–02 Prohibition for 

deferred underground storage tanks or 

tank systems 

Section 11–281–03 Definitions (except 

‘‘complaint’’ insofar as it sets forth 

enforcement authorities; ‘‘farm tank’’ 

insofar as it regulates tanks on farms that 

are not used for farm or commercial 

purposes; ‘‘field citation’’ and ‘‘force 

majeure’’ insofar as they relate to the 

Department’s enforcement authorities; 

‘‘regulated substance’’ insofar as the 

Department can designate other 

substances; ‘‘reportable quantity’’ insofar 

as it sets forth a reporting threshold of 

10 lbs. for trichloropropane; and 

‘‘underground storage tank’’ insofar as its 

designation of farm tanks exceeds the 

scope of the federal regulations) 

Section 11–281–11 Performance 

standards for underground storage tanks 

and tank systems 

Section 11–281–12 Tank requirements 

Section 11–281–13 Piping requirements 

Section 11–281–14 Spill and overfill 

prevention equipment 

Section 11–281–15 Installation 

Section 11–281–16 Certification of 

installation 

Section 11–281–17 Secondary 

containment 

Section 11–281–18 Upgrading of existing 

underground storage tanks and tank 

systems 

Section 11–281–21 Notification 

requirements for tanks brought into use 

before the effective date of these rules 

Section 11–281–22 Notification 

requirements for tanks brought into use 

on or after the effective date of these 

rules 

Section 11–281–24 Application for a 

permit (except insofar as paragraphs (a), 

(b), (c)(3), and (c)(4) of this section relate 

to the permitting program) 

Section 11–281–25 Permit (except insofar 

as paragraphs (a) and (b) of this section 

relate to the permitting program) 

Section 11–281–41 Spill and overfill 

control 

Section 11–281–42 Operation and 

maintenance of corrosion protection 

systems 

Section 11–281–43 Compatibility 

Section 11–281–44 Repairs 

Section 11–281–45 Reporting and 

recordkeeping (except paragraph (b)(3) of 

this section insofar as it addresses 

posting of signs; and paragraph (c)(6) 

insofar as it requires maintenance of 

permit records) 

Section 11–281–51 General requirements 

for all underground storage tanks or tank 

systems 

Section 11–281–52 Methods of release 

detection for tanks 

Section 11–281–53 Methods of release 

detection for piping 

Section 11–281–54 Release detection 

recordkeeping 

Section 11–281–61 Reporting of 

suspected releases 

Section 11–281–62 Investigation of offsite impacts 

Section 11–281–63 Release investigation 

and confirmation steps 

Section 11–281–64 Reporting and 

cleanup of spills and overfills 

Section 11–281–71 General 

Section 11–281–72 Immediate response 

actions 

Section 11–281–74 Initial abatement 

measures and site assessment 

Section 11–281–75 Initial site 

characterization 

Section 11–281–76 Free product removal 

Section 11–281–77 Investigation of soil 

and ground water contamination 

Section 11–281–78 Site cleanup criteria 

Section 11–281–78.1 Notification of 

confirmed releases 

Section 11–281–79 Corrective action plan 

Section 11–281–80 Public participation 

for corrective action plans [except 

paragraph (j) insofar as it sets forth 

enforcement authorities] 

Section 11–281–80.1 Reporting and 

recordkeeping 

Section 11–281–81 Temporary closure 

Section 11–281–82 Permanent closure 

and change-in-service 

Section11–281–83 Site assessment 

Section 11–281–84 Previously closed 

underground storage tanks or tank 

systems 

Section 11–281–85 Closure records 

Section 11–281–91 Applicability 

Section 11–281–93 Definition of terms 

Section 11–281–94 Amount and scope of 

required financial responsibility 

Section 11–281–95 Allowable 

mechanisms and combinations of 

mechanisms 

Section 11–281–96 Financial test of selfinsurance 

Section 11–281–97 Guarantee 

Section 11–281–98 Insurance and risk 

retention group 

Section 11–281–99 Surety bond 

Section 11–281–100 Letter of credit 

Section 11–281–101 Trust fund 

Section 11–281–102 Standby trust fund 

Section 11–281–103 Local government 

bond rating test 

Section 11–281–104 Local government 

financial test 

Section 11–281–106 Local government 

guarantee 

Section 11–281–107 Local government 

fund 

Section 11–281–108 Substitution of 

financial assurance mechanisms by 

owner or operator 

Section 11–281–109 Cancellation or 

nonrenewal by a provider of financial 

assurance 

Section 11–281–110 Reporting by owner 

or operator 

Section 11–281–111 Recordkeeping 

Section 11–281–112 Drawing on financial 

assurance mechanisms 

Section 11–281–113 Release from 

financial responsibility 

Section 11–281–114 Bankruptcy or other 

incapacity of owner or operator or 

provider of financial assurance 

Section 11–281–115 Replenishment of 

guarantees, letters of credit, or surety 

bonds 

Section 11–281–131 Appendices I and III 

(Notification for Underground Storage 

Tanks, June 1999 and Certification of 

Underground Storage Tank Installation, 

June 1999) 

(2) Hawaii Administrative Rules, Chapter 11– 

264, Hazardous Waste Management: 

Standards for Owners and Operators of 

Hazardous Waste Treatment, Storage, 

and Disposal Facilities, Subpart J, Tank 

Systems. 

Section 11–264–190 Applicability 

Section 11–264–191 Assessment of 

existing tank system’s integrity 

Section 11–264–192 Design and 

installation of new tank systems or 

components 

Section 11–264–193 Containment and 

detection of releases 

Section 11–264–194 General operating 

requirements 

Section 11–264–195 Inspections 

Section 11–264–196 Response to leaks or 

spills and disposition of leaking or unfitfor use tank systems 

mstockstill on PROD1PC66 with RULES

Federal Register / Vol. 73, No. 181 / Wednesday, September 17, 2008 / Rules and Regulations 53747 

Section 11–264–197 Closure and postclosure care 

Section 11–264–198 Special requirements 

for ignitable or reactive wastes 

Section 11–264–199 Special requirements 

for incompatible wastes 

Section 11–264–200 Air emission 

standards 

[FR Doc. E8–21497 Filed 9–16–08; 8:45 am] 

BILLING CODE 6560–50–P 

DEPARTMENT OF HOMELAND 

SECURITY 

Federal Emergency Management 

Agency 

44 CFR Part 64 

[Docket No. FEMA–8039] 

Suspension of Community Eligibility 

AGENCY: Federal Emergency 

Management Agency, Department of 

Homeland Security. 

ACTION: Final rule. 

SUMMARY: This rule identifies 

communities, where the sale of flood 

insurance has been authorized under 

the National Flood Insurance Program 

(NFIP), that are scheduled for 

suspension on the effective dates listed 

within this rule because of 

noncompliance with the floodplain 

management requirements of the 

program. If the Federal Emergency 

Management Agency (FEMA) receives 

documentation proving the community 

has adopted the required floodplain 

management measures prior to the 

effective suspension date given in this 

rule, the suspension will not occur and 

a notice will be provided by publication 

in the Federal Register on a subsequent 

date. 

DATES: Effective Date: The effective date 

of each community’s scheduled 

suspension is the third date (‘‘Susp.’’) 

listed in the third column of the 

following tables. 

FOR FURTHER INFORMATION CONTACT: If 

you want to determine whether a 

particular community was suspended 

on the suspension date or obtain 

additional information, contact David 

Stearrett, Federal Emergency 

Management Agency, Mitigation 

Directorate, 500 C Street, SW., 

Washington, DC 20472, (202) 646–2953. 

SUPPLEMENTARY INFORMATION: The NFIP 

enables property owners to purchase 

flood insurance which is generally not 

otherwise available. In return, 

communities agree to adopt and 

administer local floodplain management 

aimed at protecting lives and new 

construction from future flooding. 

Section 1315 of the National Flood 

Insurance Act of 1968, as amended, 42 

U.S.C. 4022, prohibits flood insurance 

coverage as authorized under the NFIP, 

42 U.S.C. 4001 et seq.; unless an 

appropriate public body adopts 

adequate floodplain management 

measures with effective enforcement 

measures. The communities listed in 

this document no longer meet the 

statutory requirement for compliance 

with program regulations, 44 CFR part 

59. Accordingly, the communities will 

be suspended on the effective date in 

the third column. As of that date, flood 

insurance will no longer be available in 

the community. However, some of these 

communities may adopt and submit the 

required documentation of legally 

enforceable floodplain management 

measures after this rule is published but 

prior to the actual suspension date. 

These communities will not be 

suspended and will continue their 

eligibility for the sale of insurance. A 

notice withdrawing the suspension of 

the communities will be published in 

the Federal Register. 

Previously, FEMA identified the 

Special Flood Hazard Areas (SFHAs) in 

these communities by publishing a 

Flood Insurance Rate Map (FIRM). The 

date of the FIRM, if one has been 

published, is indicated in the fourth 

column of the table. No direct Federal 

financial assistance (except assistance 

pursuant to the Robert T. Stafford 

Disaster Relief and Emergency 

Assistance Act not in connection with a 

flood) may legally be provided for 

construction or acquisition of buildings 

in identified SFHAs for communities 

not participating in the NFIP and 

identified for more than a year, on the 

FEMA initial flood insurance map of the 

community as having flood-prone areas 

(section 202(a) of the Flood Disaster 

Protection Act of 1973, 42 U.S.C. 

4106(a), as amended). This prohibition 

against certain types of Federal 

assistance becomes effective for the 

communities listed on the date shown 

in the last column. The Administrator 

finds the notice and public comment 

under 5 U.S.C. 553(b) are impracticable 

and unnecessary because the 

communities listed in this final rule 

have been adequately notified. 

Each community receives 6-month, 

90-day, and 30-day notification letters 

addressed to the Chief Executive Officer 

stating the community will be 

suspended unless the required 

floodplain management measures are 

met prior to the effective suspension 

date. Since these notifications were 

made, this final rule may take effect 

within less than 30 days. 

National Environmental Policy Act. 

This rule is categorically excluded from 

the requirements of 44 CFR Part 10, 

Environmental Considerations. No 

environmental impact assessment has 

been prepared. 

Regulatory Flexibility Act. The 

Administrator has determined this rule 

is exempt from the requirements of the 

Regulatory Flexibility Act because the 

National Flood Insurance Act of 1968, 

as amended, 42 U.S.C. 4022, prohibits 

flood insurance coverage unless an 

appropriate public body adopts 

adequate floodplain management 

measures with effective enforcement 

measures. The communities listed no 

longer comply with the statutory 

requirements, and after the effective 

date, flood insurance will no longer be 

available in the communities unless 

remedial action takes place. 

Regulatory Classification. This final 

rule is not a significant regulatory action 

under the criteria of section 3(f) of 

Executive Order 12866 of September 30, 

1993, Regulatory Planning and Review, 

58 FR 51735. 

Executive Order 13132, Federalism. 

This rule involves no policies that have 

federalism implications under Executive 

Order 13132. 

Executive Order 12988, Civil Justice 

Reform. This rule meets the applicable 

standards of Executive Order 12988. 

Paperwork Reduction Act. This rule 

does not involve any collection of 

information for purposes of the 

Paperwork Reduction Act, 44 U.S.C. 

3501 et seq. 

List of Subjects in 44 CFR Part 64 

Flood insurance, Floodplains. 

■ Accordingly, 44 CFR Part 64 is 

amended as follows: 

PART 64—[AMENDED] 

■ 1. The authority citation for Part 64 

continues to read as follows: 

Authority: 42 U.S.C. 4001 et seq.; 

Reorganization Plan No. 3 of 1978, 3 CFR, 

1978 Comp.; p. 329; E.O. 12127, 44 FR 19367, 

3 CFR, 1979 Comp.; p. 376. 

§ 64.6 [Amended] 

■ 2. The tables published under the 

authority of § 64.6 are amended as 

follows: 

mstockstill on PROD1PC66 with RULES