Underground Storage Tank Program: Approved State Program for Pennsylvania, 13769-13773 [06-2480]
Download as PDF
<![CDATA[
13769
Federal Register / Vol. 71, No. 52 / Friday, March 17, 2006 / Rules and Regulations
(A) Chapter 151 of the Maine
Department of Environmental Protection
Regulations, ‘‘Architectural and
Industrial Maintenance (AIM)
Coatings,’’ effective in the State of
Maine on November 1, 2005.
(ii) Additional materials.
(A) Nonregulatory portions of the
submittal.
I 3. In § 52.1031, Table 52.1031 is
amended by adding a new state citation,
151, to read as follows:
§ 52.1031 EPA-approved Maine
regulations.
*
*
*
*
*
TABLE 52.1031.—EPA-APPROVED RULES AND REGULATIONS
State
citation
Date
adopted
by state
*
151
*
Architectural and Industrial
Maintenance (AIM) Coatings.
*
Date
approved
by EPA
*
10/06/05
Title/subject
3/17/06
*
[FR Doc. 06–2601 Filed 3–16–06; 8:45 am]
BILLING CODE 6560–50–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 282
[FRL–8011–3]
Underground Storage Tank Program:
Approved State Program for
Pennsylvania
Environmental Protection
Agency (EPA).
ACTION: Immediate final rule.
erjones on PROD1PC68 with RULES
AGENCY:
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. Title 40 of
the Code of Federal Regulations (40
CFR) 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
Commonwealth of Pennsylvania’s
underground storage tank program and
incorporates by reference appropriate
provisions of State statutes and
regulations.
This regulation is effective May
16, 2006, unless EPA publishes a prior
Federal Register notice withdrawing
this immediate final rule. All comments
DATES:
VerDate Aug<31>2005
15:19 Mar 16, 2006
*
*
Note 1. The regulations are effective
statewide unless stated otherwise in
comments section.
Jkt 208001
Federal Register citation
*
[Insert FEDERAL REGISTER
page number where the
document begins].
*
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
the Commonwealth of Pennsylvania on
September 11, 2003, and approval was
effective on September 11, 2003 (66 FR
53520).
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
Frm 00033
Fmt 4700
*
(c)(59)
*
*
*
*
on the codification of the
Commonwealth of Pennsylvania’s
underground storage tank program must
be received by the close of business
April 17, 2006. The incorporation by
reference of certain publications listed
in the regulations is approved by the
Director of the Federal Register, as of
May 16, 2006, in accordance with 5
U.S.C. 552(a) and 1 CFR part 51.
ADDRESSES: Send written comments to
Carletta Parlin, U.S. EPA Region 3,
Mailcode 3WC21, RCRA State Programs
Branch, 1650 Arch Street, Philadelphia,
PA 19103–2029. Comments may also be
submitted electronically through the
Internet to: parlin.carletta@epa.gov or
by facsimile at (215) 814–3163. You can
examine copies of the codification
materials during normal business hours
at the following location: EPA Region 3,
Library, 2nd Floor, 1650 Arch Street,
Philadelphia, PA 19103–2029. Phone:
(215) 814–5254.
FOR FURTHER INFORMATION CONTACT:
Carletta Parlin, U.S. EPA Region 3,
Mailcode 3WC21, RCRA State Programs
Branch, 1650 Arch Street, Philadelphia,
PA 19103–2029. Phone: (215) 814–3380.
SUPPLEMENTARY INFORMATION:
PO 00000
52.1020
Sfmt 4700
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
the Commonwealth of Pennsylvania’s
underground storage tank program. This
codification reflects the State program
in effect at the time EPA granted the
Commonwealth approval, in accordance
with RCRA 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
Commonwealth’s program, and EPA is
not now reopening that decision nor
requesting comment on it.
To codify EPA’s approval of the
Commonwealth of Pennsylvania’s
underground storage tank program, EPA
has added § 282.88 to title 40 of the
CFR. 40 CFR 282.88(d)(1)(i) incorporates
by reference the State’s statutes and
regulations that make up the approved
program which is federally-enforceable.
40 CFR 282.88 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
E:\FR\FM\17MRR1.SGM
17MRR1
13770
Federal Register / Vol. 71, No. 52 / Friday, March 17, 2006 / Rules and Regulations
analogues to these provisions.
Therefore, the Commonwealth of
Pennsylvania’s inspection and
enforcement authorities are not
incorporated by reference, nor are they
part of the Commonwealth of
Pennsylvania’s approved state program
which operates in lieu of the Federal
program. These authorities, however,
are listed in 40 CFR 282.88(d)(1)(ii) for
informational purposes, and also
because EPA considered them in
determining the adequacy of the
Commonwealth’s enforcement
authority. The Commonwealth of
Pennsylvania’s authority to inspect and
enforce the State’s underground storage
tank requirements continues to operate
independently under State law.
Some provisions of the
Commonwealth’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, or are otherwise not
applicable. See 40 CFR 281.12(a)(3)(ii).
As a result, State provisions which are
‘‘broader in scope’’ than the Federal
program, or are otherwise not
applicable, are not incorporated by
reference for purposes of Federal
enforcement in 40 CFR part 282. Section
282.88(d)(1)(iii) of the codification
simply lists for reference and clarity the
Commonwealth’s 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.
erjones on PROD1PC68 with RULES
Statutory and Executive Order Reviews
This rule 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
VerDate Aug<31>2005
15:19 Mar 16, 2006
Jkt 208001
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 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 66 FR 53520.
Section 12(d) of the National
Technology Transfer and Advancement
Act does not apply to this rule.
PO 00000
Frm 00034
Fmt 4700
Sfmt 4700
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 May 16, 2006.
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: November 30, 2005.
Donald S. Welsh,
Regional Administrator, EPA Region 3.
For the reasons set forth in the
preamble, 40 CFR part 282 is amended
as follows:
I
PART 282—APPROVED
UNDERGROUND STORAGE TANK
PROGRAMS
1. The authority citation for part 282
continues to read as follows:
I
Authority: 42 U.S.C. 6912, 6991c, 6991d,
and 6991e.
Subpart B—Approved State Programs
2. Subpart B is amended by adding
§ 282.88 to read as follows:
I
§ 282.88 Pennsylvania State-Administered
Program.
(a) The Commonwealth of
Pennsylvania’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
Pennsylvania Department of
Environmental Protection, was
approved by EPA pursuant to 42 U.S.C.
6991c and part 281 of this chapter. EPA
approved the Pennsylvania
underground storage tank program on
September 11, 2003, and approval was
effective on September 11, 2003.
(b) The Commonwealth 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
E:\FR\FM\17MRR1.SGM
17MRR1
Federal Register / Vol. 71, No. 52 / Friday, March 17, 2006 / Rules and Regulations
whether the State has taken its own
actions, as well as in accordance with
other statutory and regulatory
provisions.
(c) To retain program approval, the
Commonwealth 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 the Commonwealth 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) The Commonwealth has final
approval for the following elements
submitted to EPA in the State’s program
application for final approval. On
September 11, 2003, EPA published a
rule approving the State’s program in
the Federal Register, 66 FR 53520. That
approval became effective on September
11, 2003. Copies of the
Commonwealth’s program application
may be obtained from the Pennsylvania
Department of Environmental
Protection, Bureau of Land Recycling
and Waste Management, Storage Tank
Program, Rachel Carson State Office
Building, Harrisburg, PA 17105–8762.
(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) Pennsylvania Statutory
Requirements Applicable to the
Underground Storage Tank Program,
2002.
(B) Pennsylvania Regulatory
Requirements Applicable to the
Underground Storage Tank Program,
2002.
(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:
(1) Storage Tank and Spill Prevention
Act of 1989, Public Law 169, No. 32
erjones on PROD1PC68 with RULES
35 PS Section 6021.107 Powers and duties
of department (insofar as paragraphs (b),
(c), (e), and (f) grant the department
enforcement authorities)
35 PS Section 6021 Ch. 13 Enforcement
(2) Title 35. Health and Safety;
Chapter 44. Environmental Hearing
Board Act
35 P.S. Section 7514
Jurisdiction
(3) Title 71. Article IV. Organization
of Departmental Administrative Boards
VerDate Aug<31>2005
15:19 Mar 16, 2006
Jkt 208001
and Commissions and of Advisory
Boards and Commissions
71 P.S. Section 180–1
Quality Board
Environmental
(4) Title 71. Article XIX–A. Powers
and Duties of the Department of
Environmental Resources, its Officers
and Departmental and Advisory Boards
and Commissions
71 P.S. Section 510–17
nuisances
71 P.S. Section 510–20
Quality Board
Abatement of
Environmental
(B) The regulatory provisions include:
(1) Pennsylvania Code, Chapter 245,
Administration of the Storage Tank and
Spill Prevention Programs
Section 245.303
General
(2) Pennsylvania Rules of Civil
Procedure
Pa R.C.P. Rule 2326
Pa R.C.P. Rule 2327
Pa R.C.P. Rule 2328
Pa R.C.P. Rule 2329
Petition
Pa R.C.P. Rule 2330
Definitions
Who May Intervene
Petition to Intervene
Action of Court on
Practice
(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:
Storage Tank and Spill Prevention Act of
1989, Public Law 169, No. 32
35 PS Section 6021.103 Definitions (insofar
as the section addresses aboveground
storage tanks; encompasses a broader
range of regulated substances; and insofar
as certain classes of tanks excluded or
deferred under the federal definition of
‘‘underground storage tank’’ are not
excluded or deferred under the state
definition)
35 PS Section 6021.106 Powers and duties
of Environmental Quality Board (insofar as
it addresses aboveground storage tanks)
35 PS Section 6021.107 Powers and duties
of department (insofar as paragraph (d)
establishes the Department’s duties
regarding a certification program)
35 PS Section 6021.108 Interim certification
of installers and inspectors (insofar as the
section establishes a certification program
for installers and inspectors)
35 PS Section 6021 Ch 3 Aboveground
storage tanks (insofar as the Chapter
regulates aboveground storage tanks)
35 PS Section 6021.501 Underground
storage tank requirements (insofar as
subparagraph (a)(1) requires payment of
registration fees; subparagraph (a)(8) sets
forth permitting requirements;
subparagraph (a)(12) addresses permitting;
subparagraph (a)(15) regulates handlers of
regulated substances; and paragraph (c)
establishes a certified installer and
inspector program)
35 PS Section 6021.502 Interim
requirements and discontinued use
PO 00000
Frm 00035
Fmt 4700
Sfmt 4700
13771
(insofar as paragraph (a) establishes
interim registration fees; and subparagraph
(b)(5) requires tanks to be installed by a
certified installer)
35 PS Section 6021.503 Registration
(insofar as paragraph (a) requires payment
of registration fees; paragraph (b) regulates
selling, distributing, depositing, or filling
unregistered underground storage tanks;
and paragraph (c) establishes uses for
registration fees)
35 PS Section 6021.504 Permits and plans
35 PS Section 6021.506 Small operator
assistance program for underground
storage tanks
35 PS Section 6021.507 Reimbursement for
testing
35 PS Section 6021.702 Storage Tank Fund
(insofar as paragraph (a) addresses
aboveground storage tanks)
35 PS Section 6021.704 Underground
Storage Tank Indemnification Fund
(insofar as subparagraph (e)(3) addresses
payment of fees)
35 PS Section 6021.705 Powers and duties
of Underground Storage Tank
Indemnification Board (insofar as
paragraphs (d) and (e) address payment of
fees)
35 PS Section 6021 Ch 9 Spill Prevention
Response Plan
35 PS Section 6021 Ch 11 Siting of New
Aboveground Storage Tank Facility and
Regulations
35 PS Section 6021.2101 Start-up costs
(insofar as it addresses aboveground
storage tanks)
(B) The regulatory provisions include:
Pennsylvania Code, Chapter 245,
Administration of the Storage Tank and Spill
Prevention Programs
Section 245.1 Definitions (insofar as the
section addresses aboveground storage
tanks; insofar as it encompasses a broader
range of regulated substances; and insofar
as it includes individuals that are not
regulated under the federal program under
its definition of ‘‘responsible party’’)
Section 245.21 Tank handling and
inspection requirements (insofar as the
section imposes requirements on tank
installers and addresses requirements for
aboveground tanks)
Section 245.31 Underground storage tank
tightness testing requirements (insofar as
paragraph (a) requires Department
certification for underground tightness
testing installers)
Ch 245, Subch. B Certification Program for
Installers and Inspectors of Storage Tanks
and Storage Tank Facilities (insofar as the
Subchapter establishes a certification
program)
Ch 245, Subch. C Permitting of
Underground and Aboveground Storage
Tank Systems and Facilities (insofar as the
Subchapter establishes a permitting
program)
Section 245.305 Reporting releases (insofar
as paragraph (h) addresses aboveground
storage tanks)
Section 245.306 Interim remedial actions
(insofar as subparagraph (b)(3) requires
permits for treatment and disposal
activities; and paragraph (d) regulates
parties removing contaminated materials)
E:\FR\FM\17MRR1.SGM
17MRR1
13772
Federal Register / Vol. 71, No. 52 / Friday, March 17, 2006 / Rules and Regulations
erjones on PROD1PC68 with RULES
Section 245.411 Inspection frequency
(insofar as the section addresses
inspections by certified inspectors)
Section 245.424 Standards for new field
constructed tank systems (insofar as the
section sets forth requirements that exceed
the federal requirements)
Section 245.425 Reuse of removed tanks
(insofar as subparagraph (1) requires
installation by a certified installer)
Section 245.434 Repairs allowed (insofar as
subparagraph (1) requires repairs to be
performed by a certified installer)
Section 245.441 General requirements for
underground storage tank systems (insofar
as subparagraph (a)(3)(i) requires thirdparty verification; and subparagraph
(a)(3)(ii) requires manufacturers to
reevaluate methods within 24 months of
EPA changes)
Ch 245, Subch. F Technical standards for
Aboveground Storage Tanks and Facilities
(insofar as the Subchapter addresses
aboveground storage tanks)
Ch 245, Subch. G Simplified Program for
Small Aboveground Storage Tanks (insofar
as the Subchapter addresses aboveground
storage tanks)
(2) Statement of legal authority. (i)
‘‘Attorney General’s Statement,’’ signed
by the State Attorney General on
October 1, 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.
(ii) Letter from the Attorney General
of Pennsylvania to EPA, October 1,
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) Demonstration of procedures for
adequate enforcement. The
‘‘Demonstration of Procedures for
Adequate Enforcement’’ submitted as
part of the original application on
November 25, 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.
(4) Program Description. The program
description and any other material
submitted as part of the original
application on November 25, 2002,
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 3 and the Pennsylvania
Department of Environmental
Protection, signed by the EPA Regional
Administrator on August 22, 2003,
though not incorporated by reference, is
VerDate Aug<31>2005
15:19 Mar 16, 2006
Jkt 208001
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
‘‘Pennsylvania’’ and its listing.
I
Appendix A to Part 282—State
Requirements Incorporated by
Reference in Part 282 of the Code of
Federal Regulations
*
*
*
*
*
Pennsylvania
(a) The statutory provisions include:
Pennsylvania Storage Tank and Spill
Prevention Act of 1989, Public Law 169, No.
32
35 PS Section 6021.101 Short title
35 PS Section 6021.102 Legislative findings
35 PS Section 6021.103 Definitions (except
insofar as the section addresses
aboveground storage tanks; encompasses a
broader range of regulated substances; and
insofar as certain classes of tanks excluded
or deferred under the federal definition of
‘‘underground storage tank’’ are not
excluded or deferred under the state
definition)
35 PS Section 6021.104 API
35 PS Section 6021.105 Advisory
committee
35 PS Section 6021.106 Powers and duties
of Environmental Quality Board (except
insofar as it addresses aboveground storage
tanks)
35 PS Section 6021.107 Powers and duties
of department (except insofar as
paragraphs (b), (c), (e), and (f) grant the
Department enforcement authorities; and
paragraph (d) establishes the Department’s
duties regarding a certification program)
35 PS Section 6021.109 Construction
35 PS Section 6021.110 Applicability of
certain provisions to the Commonwealth
35 PS Section 6021.501 Underground
storage tank requirements (except insofar
as subparagraph (a)(1) requires payment of
registration fees; subparagraph (a)(8) sets
forth permitting requirements;
subparagraph (a)(12) addresses permitting;
subparagraph (a)(15) regulates handlers of
regulated substances; and paragraph (c)
establishes a certified installer and
inspector program)
35 PS Section 6021.502 Interim
requirements and discontinued use (except
insofar as paragraph (a) establishes interim
registration fees; and subparagraph (b)(5)
requires tanks to be installed by a certified
installer)
35 PS Section 6021.503 Registration (except
insofar as paragraph (a) requires payment
of registration fees; paragraph (b) regulates
selling, distributing, depositing or filling
unregistered underground storage tanks;
and paragraph (c) establishes uses for
registration fees)
35 PS Section 6021.701 Financial
responsibility 35 PS Section 6021.702
Storage Tank Fund (except insofar as
paragraph (a) addresses aboveground
storage tanks)
PO 00000
Frm 00036
Fmt 4700
Sfmt 4700
35 PS Section 6021.703 Underground
Storage Tank Indemnification Board
35 PS Section 6021.704 Underground
Storage Tank Indemnification Fund (except
insofar as subparagraph (e)(3) addresses
payment of fees)
35 PS Section 6021.705 Powers and duties
of Underground Storage Tank
Indemnification Board (except insofar as
paragraphs (d) and (e) address payment of
fees)
35 PS Section 6021.706 Eligibility of
claimants
35 PS Section 6021.707 Audit
35 PS Section 6021.708 Performance review
35 PS Section 6021.710 Underground
Storage Tank Environmental Cleanup
Program
35 PS Section 6021.711 Underground
Storage Tank Pollution Prevention Program
35 PS Section 6021.712 Upgrade Loan
Program
35 PS Section 6021.2101 Start-up costs
(except insofar as it addresses
aboveground storage tanks)
35 PS Section 6021.2102 Saved from repeal
35 PS Section 6021.2103 Severability
35 PS Section 6021.2104 Repeals
35 PS Section 6021.2105 Effective date
(b) The regulatory provisions include:
Pennsylvania Code, Chapter 245,
Administration of the Storage Tank and Spill
Prevention Programs
Section 245.1 Definitions (except insofar as
the section addresses aboveground storage
tanks; encompasses a broader range of
regulated substances; and includes
individuals that are not regulated under
the federal program under its definition of
‘‘responsible party’’)
Section 245.2 General
Section 245.31 Underground storage tank
tightness testing requirements (except
insofar as paragraph (a) requires
Department certification for underground
tightness testing installers)
Section 245.301 Purpose
Section 245.302 Scope
Section 245.304 Investigation of suspected
releases
Section 245.305 Reporting releases (except
insofar as paragraph (h) addresses
aboveground storage tanks)
Section 245.306 Interim remedial actions
(except insofar as subparagraph (b)(3)
requires permits for treatment and disposal
activities; and paragraph (d) regulates
parties removing contaminated materials)
Section 245.307 Affected or diminished
water supplies
Section 245.308 Onsite storage of
contaminated soil
Section 245.309 Site characterization
Section 245.310 Site characterization report
Section 245.311 Remedial action plan
Section 245.312 Remedial action
Section 245.313 Remedial action
completion report
Section 245.314 Professional seals
Section 245.401 Purpose
Section 245.402 Scope
Section 245.403 Applicability
Section 245.404 Variances
Section 245.405 Codes and standards
Section 245.421 Performance standards for
new underground storage tank systems
E:\FR\FM\17MRR1.SGM
17MRR1
Federal Register / Vol. 71, No. 52 / Friday, March 17, 2006 / Rules and Regulations
Section 245.422 Upgrading of existing
underground storage tank systems
Section 245.423 Registration requirements
Section 245.425 Reuse of removed tanks
(except insofar as subparagraph (1)
requires installation by a certified installer)
Section 245.431 Spill and overfill control
Section 245.432 Operation and
maintenance including corrosion
protection
Section 245.433 Compatibility
Section 245.434 Repairs allowed (except
insofar as subparagraph (1) requires
repairs to be performed by a certified
installer)
Section 245.435 Reporting and
recordkeeping
Section 245.441 General requirements for
underground storage tank systems (except
insofar as subparagraph (a)(3)(i) requires
third-party verification; and subparagraph
(a)(3)(ii) requires manufacturers to
reevaluate methods within 24 months of
EPA changes)
Section 245.442 Requirements for
petroleum underground storage tank
systems
Section 245.443 Requirements for
hazardous substance underground storage
tank systems
Section 245.444 Methods of release
detection for tanks
Section 245.445 Methods of release
detection for piping
Section 245.446 Release detection
recordkeeping
Section 245.451 Temporary closure
Section 245.452 Permanent closure and
changes-in-service
Section 245.453 Assessing the site at
closure or change-in-service
Section 245.454 Applicability to previously
closed underground storage tank systems
Section 245.455 Closure records
Section 245.701 Purpose
Section 245.702 Scope
Section 245.703 Owner or operator
financial responsibility
Section 245.704 General requirements
Section 245.705 Owner and operator
liability
Section 245.706 Underground storage tanks
not covered by USTIF
Section 245.707 Coverage amounts for
financial responsibility
Section 245.708 Failure to maintain
financial responsibility
[FR Doc. 06–2480 Filed 3–16–06; 8:45 am]
BILLING CODE 6560–50–P
DEPARTMENT OF HOMELAND
SECURITY
Federal Emergency Management
Agency
erjones on PROD1PC68 with RULES
44 CFR Part 64
[Docket No. FEMA–7915]
Suspension of Community Eligibility
Mitigation Division, Federal
Emergency Management Agency
AGENCY:
VerDate Aug<31>2005
15:19 Mar 16, 2006
Jkt 208001
(FEMA), 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 FEMA receives
documentation that 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 of this will be provided by
publication in the Federal Register on a
subsequent date.
DATES: Effective Dates: The effective
date of each community’s scheduled
suspension is the third date (‘‘Susp.’’)
listed in the third column of the
following tables.
ADDRESSES: If you want to determine
whether a particular community was
suspended on the suspension date,
contact the appropriate FEMA Regional
Office or the NFIP servicing contractor.
FOR FURTHER INFORMATION CONTACT:
William H. Lesser, Mitigation Division,
500 C Street, SW., Washington, DC
20472, (202) 646–2807.
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 that
statutory requirement for compliance
with program regulations, 44 CFR part
59 et seq. 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
PO 00000
Frm 00037
Fmt 4700
Sfmt 4700
13773
their eligibility for the sale of insurance.
A notice withdrawing the suspension of
the communities will be published in
the Federal Register.
In addition, FEMA has 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
FEMA’s 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 that notice and
public comment under 5 U.S.C. 553(b)
are impracticable and unnecessary
because 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 that 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 that 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
E:\FR\FM\17MRR1.SGM
17MRR1
]]>Agencies
[Federal Register Volume 71, Number 52 (Friday, March 17, 2006)]
[Rules and Regulations]
[Pages 13769-13773]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 06-2480]
-----------------------------------------------------------------------
ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 282
[FRL-8011-3]
Underground Storage Tank Program: Approved State Program for
Pennsylvania
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. Title
40 of the Code of Federal Regulations (40 CFR) 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 Commonwealth of Pennsylvania's underground storage tank
program and incorporates by reference appropriate provisions of State
statutes and regulations.
DATES: This regulation is effective May 16, 2006, unless EPA publishes
a prior Federal Register notice withdrawing this immediate final rule.
All comments on the codification of the Commonwealth of Pennsylvania's
underground storage tank program must be received by the close of
business April 17, 2006. The incorporation by reference of certain
publications listed in the regulations is approved by the Director of
the Federal Register, as of May 16, 2006, in accordance with 5 U.S.C.
552(a) and 1 CFR part 51.
ADDRESSES: Send written comments to Carletta Parlin, U.S. EPA Region 3,
Mailcode 3WC21, RCRA State Programs Branch, 1650 Arch Street,
Philadelphia, PA 19103-2029. Comments may also be submitted
electronically through the Internet to: parlin.carletta@epa.gov or by
facsimile at (215) 814-3163. You can examine copies of the codification
materials during normal business hours at the following location: EPA
Region 3, Library, 2nd Floor, 1650 Arch Street, Philadelphia, PA 19103-
2029. Phone: (215) 814-5254.
FOR FURTHER INFORMATION CONTACT: Carletta Parlin, U.S. EPA Region 3,
Mailcode 3WC21, RCRA State Programs Branch, 1650 Arch Street,
Philadelphia, PA 19103-2029. Phone: (215) 814-3380.
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 the Commonwealth of
Pennsylvania on September 11, 2003, and approval was effective on
September 11, 2003 (66 FR 53520).
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 the
Commonwealth of Pennsylvania's underground storage tank program. This
codification reflects the State program in effect at the time EPA
granted the Commonwealth approval, in accordance with RCRA 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 Commonwealth's program, and EPA is not
now reopening that decision nor requesting comment on it.
To codify EPA's approval of the Commonwealth of Pennsylvania's
underground storage tank program, EPA has added Sec. 282.88 to title
40 of the CFR. 40 CFR 282.88(d)(1)(i) incorporates by reference the
State's statutes and regulations that make up the approved program
which is federally-enforceable. 40 CFR 282.88 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
[[Page 13770]]
analogues to these provisions. Therefore, the Commonwealth of
Pennsylvania's inspection and enforcement authorities are not
incorporated by reference, nor are they part of the Commonwealth of
Pennsylvania's approved state program which operates in lieu of the
Federal program. These authorities, however, are listed in 40 CFR
282.88(d)(1)(ii) for informational purposes, and also because EPA
considered them in determining the adequacy of the Commonwealth's
enforcement authority. The Commonwealth of Pennsylvania's authority to
inspect and enforce the State's underground storage tank requirements
continues to operate independently under State law.
Some provisions of the Commonwealth'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, or are
otherwise not applicable. See 40 CFR 281.12(a)(3)(ii). As a result,
State provisions which are ``broader in scope'' than the Federal
program, or are otherwise not applicable, are not incorporated by
reference for purposes of Federal enforcement in 40 CFR part 282.
Section 282.88(d)(1)(iii) of the codification simply lists for
reference and clarity the Commonwealth's 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 rule only codifies EPA-authorized 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 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 66 FR 53520. Section 12(d) of the National Technology
Transfer and Advancement Act does not apply to this rule.
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 May 16, 2006.
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: November 30, 2005.
Donald S. Welsh,
Regional Administrator, EPA Region 3.
0
For the reasons set forth in the preamble, 40 CFR part 282 is amended
as follows:
PART 282--APPROVED UNDERGROUND STORAGE TANK PROGRAMS
0
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
0
2. Subpart B is amended by adding Sec. 282.88 to read as follows:
Sec. 282.88 Pennsylvania State-Administered Program.
(a) The Commonwealth of Pennsylvania'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 Pennsylvania Department of Environmental
Protection, was approved by EPA pursuant to 42 U.S.C. 6991c and part
281 of this chapter. EPA approved the Pennsylvania underground storage
tank program on September 11, 2003, and approval was effective on
September 11, 2003.
(b) The Commonwealth 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
[[Page 13771]]
whether the State has taken its own actions, as well as in accordance
with other statutory and regulatory provisions.
(c) To retain program approval, the Commonwealth 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 the Commonwealth
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) The Commonwealth has final approval for the following elements
submitted to EPA in the State's program application for final approval.
On September 11, 2003, EPA published a rule approving the State's
program in the Federal Register, 66 FR 53520. That approval became
effective on September 11, 2003. Copies of the Commonwealth's program
application may be obtained from the Pennsylvania Department of
Environmental Protection, Bureau of Land Recycling and Waste
Management, Storage Tank Program, Rachel Carson State Office Building,
Harrisburg, PA 17105-8762.
(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) Pennsylvania Statutory Requirements Applicable to the
Underground Storage Tank Program, 2002.
(B) Pennsylvania Regulatory Requirements Applicable to the
Underground Storage Tank Program, 2002.
(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:
(1) Storage Tank and Spill Prevention Act of 1989, Public Law 169,
No. 32
35 PS Section 6021.107 Powers and duties of department (insofar as
paragraphs (b), (c), (e), and (f) grant the department enforcement
authorities)
35 PS Section 6021 Ch. 13 Enforcement
(2) Title 35. Health and Safety; Chapter 44. Environmental Hearing
Board Act
35 P.S. Section 7514 Jurisdiction
(3) Title 71. Article IV. Organization of Departmental
Administrative Boards and Commissions and of Advisory Boards and
Commissions
71 P.S. Section 180-1 Environmental Quality Board
(4) Title 71. Article XIX-A. Powers and Duties of the Department of
Environmental Resources, its Officers and Departmental and Advisory
Boards and Commissions
71 P.S. Section 510-17 Abatement of nuisances
71 P.S. Section 510-20 Environmental Quality Board
(B) The regulatory provisions include:
(1) Pennsylvania Code, Chapter 245, Administration of the Storage
Tank and Spill Prevention Programs
Section 245.303 General
(2) Pennsylvania Rules of Civil Procedure
Pa R.C.P. Rule 2326 Definitions
Pa R.C.P. Rule 2327 Who May Intervene
Pa R.C.P. Rule 2328 Petition to Intervene
Pa R.C.P. Rule 2329 Action of Court on Petition
Pa R.C.P. Rule 2330 Practice
(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:
Storage Tank and Spill Prevention Act of 1989, Public Law 169,
No. 32
35 PS Section 6021.103 Definitions (insofar as the section addresses
aboveground storage tanks; encompasses a broader range of regulated
substances; and insofar as certain classes of tanks excluded or
deferred under the federal definition of ``underground storage
tank'' are not excluded or deferred under the state definition)
35 PS Section 6021.106 Powers and duties of Environmental Quality
Board (insofar as it addresses aboveground storage tanks)
35 PS Section 6021.107 Powers and duties of department (insofar as
paragraph (d) establishes the Department's duties regarding a
certification program)
35 PS Section 6021.108 Interim certification of installers and
inspectors (insofar as the section establishes a certification
program for installers and inspectors)
35 PS Section 6021 Ch 3 Aboveground storage tanks (insofar as the
Chapter regulates aboveground storage tanks)
35 PS Section 6021.501 Underground storage tank requirements
(insofar as subparagraph (a)(1) requires payment of registration
fees; subparagraph (a)(8) sets forth permitting requirements;
subparagraph (a)(12) addresses permitting; subparagraph (a)(15)
regulates handlers of regulated substances; and paragraph (c)
establishes a certified installer and inspector program)
35 PS Section 6021.502 Interim requirements and discontinued use
(insofar as paragraph (a) establishes interim registration fees; and
subparagraph (b)(5) requires tanks to be installed by a certified
installer)
35 PS Section 6021.503 Registration (insofar as paragraph (a)
requires payment of registration fees; paragraph (b) regulates
selling, distributing, depositing, or filling unregistered
underground storage tanks; and paragraph (c) establishes uses for
registration fees)
35 PS Section 6021.504 Permits and plans
35 PS Section 6021.506 Small operator assistance program for
underground storage tanks
35 PS Section 6021.507 Reimbursement for testing
35 PS Section 6021.702 Storage Tank Fund (insofar as paragraph (a)
addresses aboveground storage tanks)
35 PS Section 6021.704 Underground Storage Tank Indemnification Fund
(insofar as subparagraph (e)(3) addresses payment of fees)
35 PS Section 6021.705 Powers and duties of Underground Storage Tank
Indemnification Board (insofar as paragraphs (d) and (e) address
payment of fees)
35 PS Section 6021 Ch 9 Spill Prevention Response Plan
35 PS Section 6021 Ch 11 Siting of New Aboveground Storage Tank
Facility and Regulations
35 PS Section 6021.2101 Start-up costs (insofar as it addresses
aboveground storage tanks)
(B) The regulatory provisions include:
Pennsylvania Code, Chapter 245, Administration of the Storage
Tank and Spill Prevention Programs
Section 245.1 Definitions (insofar as the section addresses
aboveground storage tanks; insofar as it encompasses a broader range
of regulated substances; and insofar as it includes individuals that
are not regulated under the federal program under its definition of
``responsible party'')
Section 245.21 Tank handling and inspection requirements (insofar as
the section imposes requirements on tank installers and addresses
requirements for aboveground tanks)
Section 245.31 Underground storage tank tightness testing
requirements (insofar as paragraph (a) requires Department
certification for underground tightness testing installers)
Ch 245, Subch. B Certification Program for Installers and Inspectors
of Storage Tanks and Storage Tank Facilities (insofar as the
Subchapter establishes a certification program)
Ch 245, Subch. C Permitting of Underground and Aboveground Storage
Tank Systems and Facilities (insofar as the Subchapter establishes a
permitting program)
Section 245.305 Reporting releases (insofar as paragraph (h)
addresses aboveground storage tanks)
Section 245.306 Interim remedial actions (insofar as subparagraph
(b)(3) requires permits for treatment and disposal activities; and
paragraph (d) regulates parties removing contaminated materials)
[[Page 13772]]
Section 245.411 Inspection frequency (insofar as the section
addresses inspections by certified inspectors)
Section 245.424 Standards for new field constructed tank systems
(insofar as the section sets forth requirements that exceed the
federal requirements)
Section 245.425 Reuse of removed tanks (insofar as subparagraph (1)
requires installation by a certified installer)
Section 245.434 Repairs allowed (insofar as subparagraph (1)
requires repairs to be performed by a certified installer)
Section 245.441 General requirements for underground storage tank
systems (insofar as subparagraph (a)(3)(i) requires third-party
verification; and subparagraph (a)(3)(ii) requires manufacturers to
reevaluate methods within 24 months of EPA changes)
Ch 245, Subch. F Technical standards for Aboveground Storage Tanks
and Facilities (insofar as the Subchapter addresses aboveground
storage tanks)
Ch 245, Subch. G Simplified Program for Small Aboveground Storage
Tanks (insofar as the Subchapter addresses aboveground storage
tanks)
(2) Statement of legal authority. (i) ``Attorney General's
Statement,'' signed by the State Attorney General on October 1, 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.
(ii) Letter from the Attorney General of Pennsylvania to EPA,
October 1, 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) Demonstration of procedures for adequate enforcement. The
``Demonstration of Procedures for Adequate Enforcement'' submitted as
part of the original application on November 25, 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.
(4) Program Description. The program description and any other
material submitted as part of the original application on November 25,
2002, 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 3 and the Pennsylvania Department of Environmental
Protection, signed by the EPA Regional Administrator on August 22,
2003, 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.
0
3. Appendix A to Part 282 is amended by adding in alphabetical order
``Pennsylvania'' and its listing.
Appendix A to Part 282--State Requirements Incorporated by Reference in
Part 282 of the Code of Federal Regulations
* * * * *
Pennsylvania
(a) The statutory provisions include:
Pennsylvania Storage Tank and Spill Prevention Act of 1989,
Public Law 169, No. 32
35 PS Section 6021.101 Short title
35 PS Section 6021.102 Legislative findings
35 PS Section 6021.103 Definitions (except insofar as the section
addresses aboveground storage tanks; encompasses a broader range of
regulated substances; and insofar as certain classes of tanks
excluded or deferred under the federal definition of ``underground
storage tank'' are not excluded or deferred under the state
definition)
35 PS Section 6021.104 API
35 PS Section 6021.105 Advisory committee
35 PS Section 6021.106 Powers and duties of Environmental Quality
Board (except insofar as it addresses aboveground storage tanks)
35 PS Section 6021.107 Powers and duties of department (except
insofar as paragraphs (b), (c), (e), and (f) grant the Department
enforcement authorities; and paragraph (d) establishes the
Department's duties regarding a certification program)
35 PS Section 6021.109 Construction
35 PS Section 6021.110 Applicability of certain provisions to the
Commonwealth
35 PS Section 6021.501 Underground storage tank requirements (except
insofar as subparagraph (a)(1) requires payment of registration
fees; subparagraph (a)(8) sets forth permitting requirements;
subparagraph (a)(12) addresses permitting; subparagraph (a)(15)
regulates handlers of regulated substances; and paragraph (c)
establishes a certified installer and inspector program)
35 PS Section 6021.502 Interim requirements and discontinued use
(except insofar as paragraph (a) establishes interim registration
fees; and subparagraph (b)(5) requires tanks to be installed by a
certified installer)
35 PS Section 6021.503 Registration (except insofar as paragraph (a)
requires payment of registration fees; paragraph (b) regulates
selling, distributing, depositing or filling unregistered
underground storage tanks; and paragraph (c) establishes uses for
registration fees)
35 PS Section 6021.701 Financial responsibility 35 PS Section
6021.702 Storage Tank Fund (except insofar as paragraph (a)
addresses aboveground storage tanks)
35 PS Section 6021.703 Underground Storage Tank Indemnification
Board
35 PS Section 6021.704 Underground Storage Tank Indemnification Fund
(except insofar as subparagraph (e)(3) addresses payment of fees)
35 PS Section 6021.705 Powers and duties of Underground Storage Tank
Indemnification Board (except insofar as paragraphs (d) and (e)
address payment of fees)
35 PS Section 6021.706 Eligibility of claimants
35 PS Section 6021.707 Audit
35 PS Section 6021.708 Performance review
35 PS Section 6021.710 Underground Storage Tank Environmental
Cleanup Program
35 PS Section 6021.711 Underground Storage Tank Pollution Prevention
Program
35 PS Section 6021.712 Upgrade Loan Program
35 PS Section 6021.2101 Start-up costs (except insofar as it
addresses aboveground storage tanks)
35 PS Section 6021.2102 Saved from repeal
35 PS Section 6021.2103 Severability
35 PS Section 6021.2104 Repeals
35 PS Section 6021.2105 Effective date
(b) The regulatory provisions include:
Pennsylvania Code, Chapter 245, Administration of the Storage
Tank and Spill Prevention Programs
Section 245.1 Definitions (except insofar as the section addresses
aboveground storage tanks; encompasses a broader range of regulated
substances; and includes individuals that are not regulated under
the federal program under its definition of ``responsible party'')
Section 245.2 General
Section 245.31 Underground storage tank tightness testing
requirements (except insofar as paragraph (a) requires Department
certification for underground tightness testing installers)
Section 245.301 Purpose
Section 245.302 Scope
Section 245.304 Investigation of suspected releases
Section 245.305 Reporting releases (except insofar as paragraph (h)
addresses aboveground storage tanks)
Section 245.306 Interim remedial actions (except insofar as
subparagraph (b)(3) requires permits for treatment and disposal
activities; and paragraph (d) regulates parties removing
contaminated materials)
Section 245.307 Affected or diminished water supplies
Section 245.308 Onsite storage of contaminated soil
Section 245.309 Site characterization
Section 245.310 Site characterization report
Section 245.311 Remedial action plan
Section 245.312 Remedial action
Section 245.313 Remedial action completion report
Section 245.314 Professional seals
Section 245.401 Purpose
Section 245.402 Scope
Section 245.403 Applicability
Section 245.404 Variances
Section 245.405 Codes and standards
Section 245.421 Performance standards for new underground storage
tank systems
[[Page 13773]]
Section 245.422 Upgrading of existing underground storage tank
systems
Section 245.423 Registration requirements
Section 245.425 Reuse of removed tanks (except insofar as
subparagraph (1) requires installation by a certified installer)
Section 245.431 Spill and overfill control
Section 245.432 Operation and maintenance including corrosion
protection
Section 245.433 Compatibility
Section 245.434 Repairs allowed (except insofar as subparagraph (1)
requires repairs to be performed by a certified installer)
Section 245.435 Reporting and recordkeeping
Section 245.441 General requirements for underground storage tank
systems (except insofar as subparagraph (a)(3)(i) requires third-
party verification; and subparagraph (a)(3)(ii) requires
manufacturers to reevaluate methods within 24 months of EPA changes)
Section 245.442 Requirements for petroleum underground storage tank
systems
Section 245.443 Requirements for hazardous substance underground
storage tank systems
Section 245.444 Methods of release detection for tanks
Section 245.445 Methods of release detection for piping
Section 245.446 Release detection recordkeeping
Section 245.451 Temporary closure
Section 245.452 Permanent closure and changes-in-service
Section 245.453 Assessing the site at closure or change-in-service
Section 245.454 Applicability to previously closed underground
storage tank systems
Section 245.455 Closure records
Section 245.701 Purpose
Section 245.702 Scope
Section 245.703 Owner or operator financial responsibility
Section 245.704 General requirements
Section 245.705 Owner and operator liability
Section 245.706 Underground storage tanks not covered by USTIF
Section 245.707 Coverage amounts for financial responsibility
Section 245.708 Failure to maintain financial responsibility
[FR Doc. 06-2480 Filed 3-16-06; 8:45 am]
BILLING CODE 6560-50-P
