Indiana; Tentative Approval of State Underground Storage Tank Program, 14442-14444 [E6-4145]

Download as PDF cprice-sewell on PROD1PC70 with PROPOSALS 14442 Federal Register / Vol. 71, No. 55 / Wednesday, March 22, 2006 / Proposed Rules action is not a ‘‘significant regulatory action’’ and therefore is not subject to review by the Office of Management and Budget. For this reason, this action is also not subject to Executive Order 13211, ‘‘Actions Concerning Regulations That Significantly Affect Energy Supply, Distribution, or Use’’ (66 FR 28355, May 22, 2001). This proposed action merely proposes to approve state law as meeting Federal requirements and imposes no additional requirements beyond those imposed by state law. Accordingly, the Administrator certifies that this proposed action will not have a significant economic impact on a substantial number of small entities under the Regulatory Flexibility Act (5 U.S.C. 601 et seq.). Because this rule proposes to approve 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 of 1995 (Pub. L. 104–4). This proposed rule also does not have tribal implications because it will not have a substantial direct effect 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, as specified by Executive Order 13175 (65 FR 67249, November 9, 2000). This action also does not have Federalism implications because it does not have substantial direct effects on the States, on the relationship between the national government and the States, or on the distribution of power and responsibilities among the various levels of government, as specified in Executive Order 13132 (64 FR 43255, August 10, 1999). This action merely proposes to approve a state rule implementing a Federal standard, and does not alter the relationship or the distribution of power and responsibilities established in the CAA. This proposed rule also is not subject to Executive Order 13045 ‘‘Protection of Children from Environmental Health Risks and Safety Risks’’ (62 FR 19885, April 23, 1997), because it is not economically significant. In reviewing state submissions, EPA’s role is to approve state choices, provided that they meet the criteria of the CAA. In this context, in the absence of a prior existing requirement for the State to use voluntary consensus standards (VCS), EPA has no authority to disapprove a state submission for failure to use VCS. It would thus be inconsistent with applicable law for VerDate Aug<31>2005 14:33 Mar 21, 2006 Jkt 208001 EPA, when it reviews a state submission, to use VCS in place of a SIP submission that otherwise satisfies the provisions of the CAA. Thus, the requirements of section 12(d) of the National Technology Transfer and Advancement Act of 1995 (15 U.S.C. 272 note) do not apply. This proposed rule does not impose an information collection burden under the provisions of the Paperwork Reduction Act of 1995 (44 U.S.C. 3501 et seq.). List of Subjects 40 CFR Part 52 40 CFR Part 70 Administrative practice and procedure, Air pollution control, Intergovernmental relations, Operating permits, Reporting and recordkeeping requirements. Dated: March 13, 2006. James B. Gulliford, Regional Administrator, Region 7. [FR Doc. E6–4146 Filed 3–21–06; 8:45 am] BILLING CODE 6560–50–P ENVIRONMENTAL PROTECTION AGENCY 40 CFR Part 281 [FRL–8048–2] Indiana; Tentative Approval of State Underground Storage Tank Program Proposed rule; notice of tentative determination on application of State of Indiana for final approval, public hearing and public comment period. ACTION: SUMMARY: The State of Indiana has applied for approval of the underground storage tank program under Subtitle I of the Resource Conservation and Recovery Act (RCRA). The Environmental Protection Agency (EPA) has reviewed the Indiana application and has made the tentative decision that Indiana’s underground storage tank program satisfies all of the requirements necessary to qualify for approval. The Indiana application for approval is available for public review and comment. A public hearing will be held if sufficient public interest is expressed. Frm 00024 Fmt 4702 EPA has established a docket for this action under Docket ID No. EPA–R05–UST–2006–0188. All documents in the docket are listed on the https://www.regulations.gov Web site. 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 material, such as copyrighted material, is not placed on the Internet and will be publicly available only in hard form. Publicly available docket materials are available either electronically through https:// www.regulations.gov or in hard copy as follows. You can view and copy Indiana’s approval application at the following addresses: Indiana Department of Environmental Management, File Room located on the 12th floor of the Indiana Government Center—North, 100 North Senate Avenue 46204, Telephone: (317) 234– 0963, Monday through Friday, 8:30 a.m. through 4:30 p.m.; and U.S. EPA Region 5, Underground Storage Tank Section, 77 West Jackson Blvd., Chicago, Illinois 60604. This facility is open from 8:30 a.m. to 4:30 p.m., Monday through Friday, excluding legal holidays. We recommend you telephone Sandra Siler, Enforcement Officer, at (312) 886–0429 before visiting the Region 5 office. Submit written comments, identified by Docket ID No. EPA–R05–UST–2006– 0188, by one of the following methods: https://www.regulations.gov: Follow the online instructions for submitting comments. E-mail: tschampa.andrew@epa.gov. Fax: (312) 353–3159. Mail: Mr. Andrew Tschampa, Chief of Underground Storage Tank Section, U.S. EPA Region 5, DU–7J, 77 West Jackson Blvd., Chicago, Illinois 60604. Hand Delivery: Andrew Tschampa, Chief of Underground Storage Tank Section, U.S. EPA, DU–7J, 77 W. Jackson Boulevard, Chicago, Illinois 60604. Such deliveries are only accepted during the Regional Office normal hours of operation, and special ADDRESSES: Environmental protection, Air pollution control, Carbon monoxide, Incorporation by reference, Intergovernmental relations, Lead, Nitrogen dioxide, Ozone, Particulate matter, Reporting and recordkeeping requirements, Sulfur oxides, Volatile organic compounds. PO 00000 A public hearing will be held if sufficient public interest is expressed and communicated to EPA in writing by April 11, 2006. EPA will determine by April 21, 2006, whether there is significant interest to hold the public hearing. The State of Indiana will participate in any public hearing held by EPA on this subject. Written comments on the Indiana approval application, as well as requests to present oral testimony, must be received by the close of business on April 11, 2006. DATES: Sfmt 4702 E:\FR\FM\22MRP1.SGM 22MRP1 cprice-sewell on PROD1PC70 with PROPOSALS Federal Register / Vol. 71, No. 55 / Wednesday, March 22, 2006 / Proposed Rules arrangements should be made for deliveries of boxed information. The Regional Office Official hours of business are Monday through Friday, 8:30 a.m. to 4:30 p.m. excluding Federal holidays. Instructions: Direct your comments to Docket ID No. EPA–R05–UST–2006– 0188. EPA’s policy is that all comments received will be included in the public docket without change and may be made available online at https:// 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 statute. Do not submit information that you consider to be CBI or otherwise protected through https:// www.regulations.gov or e-mail. The https://www.regulations.gov Web site is an ‘‘anonymous access’’ system, which means EPA 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 https://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 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. For additional information about EPA’s public docket visit the EPA Docket Center homepage at https:// www.epa.gov/epahome/dockets.htm. Unless sufficient public interest is expressed, EPA will not hold a public hearing on the State of Indiana’s application for program approval. Anyone who wishes to learn whether or not a public hearing on the State’s application has been scheduled should telephone the following contacts after April 21, 2006: Mr. Andrew Tschampa, Chief, Underground Storage Tank Section, U.S. EPA Region 5, DU–7J, 77 West Jackson Blvd., Chicago, Illinois 60604, Telephone: (312) 886–6136, or Mr. Skip Powers, Chief, Underground Storage Tank Section, Indiana Department of Environmental Management, 100 N. Senate Avenue, VerDate Aug<31>2005 14:33 Mar 21, 2006 Jkt 208001 Indianapolis, Indiana 46206, Telephone: (317) 308–3039. FOR FURTHER INFORMATION CONTACT: Mr. Andrew Tschampa, Chief, Underground Storage Tank Section, U.S. EPA Region 5, DU–7J, 77 West Jackson Blvd., Chicago, Illinois, Telephone: (312) 886– 6136. SUPPLEMENTARY INFORMATION: I. Background Section 9004 of the Resource Conservation and Recovery Act (RCRA) authorizes EPA to approve State underground storage tank programs to operate in the State in lieu of the Federal underground storage tank (UST) program. Program approval may be granted by EPA pursuant to RCRA section 9004(b), if the Agency finds that the State program: Is ‘‘no less stringent’’ than the Federal program for the seven elements set forth at RCRA section 9004(a)(1) through (7); includes the notification requirements of RCRA section 9004(a)(8); and provides for adequate enforcement of compliance with UST standards of RCRA section 9004(a). Note that RCRA sections 9005 (on information-gathering) and 9006 (on Federal enforcement) by their terms apply even in states with programs approved by EPA under RCRA section 9004. Thus, the Agency retains its authority under RCRA sections 9005 and 9006, 42 U.S.C. 6991d and 6991e, and other applicable statutory and regulatory provisions to undertake inspections and enforcement actions in approved states. With respect to such an enforcement action, the Agency will rely on Federal sanctions, Federal inspection authorities, and Federal procedures rather than the State authorized analogues to these provisions. II. Indiana The Indiana Department of Environmental Management (IDEM) is the implementing agency for underground storage tank (UST) activities in the State. IDEM UST/LUST program was first implemented in 1986 and IDEM recently amended its technical rules, which came into effect October 2004. Indiana adopted UST program regulations for petroleum and hazardous substance underground storage tanks. Prior to the adoption of the regulations, Indiana solicited public comments on the draft UST program regulations. IDEM submitted their application for State Program Approval (SPA) of Indiana’s UST program to U.S. EPA by letter dated April 5, 2005. EPA reviewed IDEM’s application and determined it to PO 00000 Frm 00025 Fmt 4702 Sfmt 4702 14443 be complete. EPA notified IDEM in a June 22, 2005, letter that the Indiana application was complete. In addition, EPA has reviewed the IDEM application and has tentatively determined that the State’s UST program meets all of the requirements necessary to qualify for final approval. EPA will not hold a public hearing on its tentative decision, unless sufficient public interest is expressed. The public may also submit written comments on EPA’s tentative determination until April 11, 2006. Copies of the Indiana application are available for inspection and copying at the locations indicated in the ADDRESSES section of this document. EPA will consider all public comments on its tentative determination received at a public hearing if scheduled, or received in writing during the public comment period. Issues raised by those comments may be the basis for a decision to deny final approval to Indiana. EPA expects to make a final decision on whether or not to approve Indiana’s program within 60 days of the close of the public comment period, and will give notice of it in the Federal Register. The document will include a summary of the reasons for the final determination and a response to all significant and pertinent comments. Included in the State’s Application is an Attorney General’s statement. In some instances, the State program may be broader in scope or more stringent than the Federal program. The Attorney General’s statement provides an outline of the State’s statutory and regulatory authority and details concerning areas where the State program is broader in scope or more stringent than the Federal program. III. Statutory and Executive Order Reviews This rule only applies to the Indiana Department of Environmental Management’s 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. E:\FR\FM\22MRP1.SGM 22MRP1 cprice-sewell on PROD1PC70 with PROPOSALS 14444 Federal Register / Vol. 71, No. 55 / Wednesday, March 22, 2006 / Proposed Rules 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—Section 12(d) of the National Technology Transfer and Advancement Act of 1995 (‘‘NTTAA’’), Public Law 104–113, 12(d) (15 U.S.C. 272 note) directs EPA to use voluntary consensus standards in its regulatory activities unless to do so would be inconsistent with applicable law or otherwise impractical. Voluntary consensus standards are technical standards (e.g., materials specifications, test methods, sampling procedures, and business practices) that are developed or adopted by voluntary consensus standards bodies. The NTTAA directs EPA to provide Congress, through OMB, explanations when the Agency decides not to use available and applicable voluntary consensus standards. VerDate Aug<31>2005 14:33 Mar 21, 2006 Jkt 208001 This action does not involve technical standards. Therefore, EPA is not considering the use of any voluntary consensus standards. List of Subjects in 40 CFR Part 281 Environmental protection, Administrative practice and procedure, Hazardous materials, State program approval, Underground storage tanks. Authority: This notice is issued under the authority of Sections 2002(a), 7004(b), and 9004 of the Solid Waste Disposal Act as amended, 42 U.S.C. 6912(a), 6974(b), and 6991(c). Dated: March 9, 2006. Bharat Mathur, Acting Regional Administrator, Region 5. [FR Doc. E6–4145 Filed 3–21–06; 8:45 am] BILLING CODE 6560–50–P FEDERAL COMMUNICATIONS COMMISSION 47 CFR Part 73 [DA 06–516; MB Docket No. 06–50; RM– 11316] Radio Broadcasting Services; Carrizo Springs, TX Federal Communications Commission. ACTION: Proposed rule. AGENCY: SUMMARY: This document requests comments on a petition for rulemaking filed by Jeraldine Anderson d/b/a Carrizo Springs Broadcasting requesting the allotment of Channel 295A at Carrizo Springs, Texas. The coordinates for Channel 295A at Carrizo Springs, Texas, are 28–27–00 NL and 99–50–30 WL. There is a site restriction 8.1 kilometers (5.1 miles) south of the community. Comments must be filed on or before April 24, 2006, and reply comments on or before May 9, 2006. ADDRESSES: Secretary, Federal Communications Commission, 445 Twelfth Street, SW., Washington, DC 20554. In addition to filing comments with the FCC, interested parties should serve the petitioner as follows: Jeraldine Anderson, d/b/a Carrizo Springs Broadcasting, 1702 Cypress Drive, Irving, Texas 75061. FOR FURTHER INFORMATION CONTACT: Victoria M. McCauley, Media Bureau, (202) 418–2180. SUPPLEMENTARY INFORMATION: This is a synopsis of the Commission’s Notice of Proposed Rule Making, MB Docket No. 06–50, adopted March 1, 2006, and released March 3, 2006. The full text of DATES: PO 00000 Frm 00026 Fmt 4702 Sfmt 4702 this Commission decision is available for inspection and copying during normal business hours in the FCC’s Reference Information Center at Portals II, CY–A257, 445 Twelfth Street, SW., Washington, DC. This document may also be purchased from the Commission’s duplicating contractors, Best Copy and Printing, Inc., 445 12th Street, SW., Room CY–B402, Washington, DC 20054, telephone 800– 378–3160 or https://www.BCPIWEB.com. This document does not contain proposed information collection requirements subject to the Paperwork Reduction Act of 1995, Public Law 104– 13. In addition, therefore, it does not contain any proposed information collection burden ‘‘for small business concerns with fewer than 25 employees,’’ pursuant to the Small Business Paperwork Relief Act of 2002, Public Law 107–198, see 44 U.S.C. 3506(c)(4). Provisions of the Regulatory Flexibility Act of 1980 do not apply to this proceeding. Members of the public should note that from the time a Notice of Proposed Rule Making is issued until the matter is no longer subject to Commission consideration or court review, all ex parte contacts are prohibited in Commission proceedings, such as this one, which involve channel allotments. See 47 CFR 1.1204(b) for rules governing permissible ex parte contacts. For information regarding proper filing procedures for comments, see 47 CFR 1.415 and 1.420. List of Subjects in 47 CFR Part 73 Radio, Radio broadcasting. For the reasons discussed in the preamble, the Federal Communications Commission proposes to amend 47 CFR part 73 as follows: PART 73—RADIO BROADCAST SERVICES 1. The authority citation for part 73 continues to read as follows: Authority: 47 U.S.C. 154, 303, 334, 336. § 73.202 [Amended] 2. Section 73.202(b), the Table of FM Allotments under Texas, is amended by adding Channel 295A at Carrizo Springs, Texas. Federal Communications Commission. John A. Karousos, Assistant Chief, Audio Division, Media Bureau. [FR Doc. 06–2607 Filed 3–21–06; 8:45 am] BILLING CODE 6712–01–P E:\FR\FM\22MRP1.SGM 22MRP1

Agencies

[Federal Register Volume 71, Number 55 (Wednesday, March 22, 2006)]
[Proposed Rules]
[Pages 14442-14444]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E6-4145]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 281

[FRL-8048-2]


Indiana; Tentative Approval of State Underground Storage Tank 
Program

ACTION: Proposed rule; notice of tentative determination on application 
of State of Indiana for final approval, public hearing and public 
comment period.

-----------------------------------------------------------------------

SUMMARY: The State of Indiana has applied for approval of the 
underground storage tank program under Subtitle I of the Resource 
Conservation and Recovery Act (RCRA). The Environmental Protection 
Agency (EPA) has reviewed the Indiana application and has made the 
tentative decision that Indiana's underground storage tank program 
satisfies all of the requirements necessary to qualify for approval. 
The Indiana application for approval is available for public review and 
comment. A public hearing will be held if sufficient public interest is 
expressed.

DATES: A public hearing will be held if sufficient public interest is 
expressed and communicated to EPA in writing by April 11, 2006. EPA 
will determine by April 21, 2006, whether there is significant interest 
to hold the public hearing. The State of Indiana will participate in 
any public hearing held by EPA on this subject. Written comments on the 
Indiana approval application, as well as requests to present oral 
testimony, must be received by the close of business on April 11, 2006.

ADDRESSES: EPA has established a docket for this action under Docket ID 
No. EPA-R05-UST-2006-0188. All documents in the docket are listed on 
the https://www.regulations.gov Web site. 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 
material, such as copyrighted material, is not placed on the Internet 
and will be publicly available only in hard form. Publicly available 
docket materials are available either electronically through https://
www.regulations.gov or in hard copy as follows. You can view and copy 
Indiana's approval application at the following addresses:
    Indiana Department of Environmental Management, File Room located 
on the 12th floor of the Indiana Government Center--North, 100 North 
Senate Avenue 46204, Telephone: (317) 234-0963, Monday through Friday, 
8:30 a.m. through 4:30 p.m.; and
    U.S. EPA Region 5, Underground Storage Tank Section, 77 West 
Jackson Blvd., Chicago, Illinois 60604. This facility is open from 8:30 
a.m. to 4:30 p.m., Monday through Friday, excluding legal holidays. We 
recommend you telephone Sandra Siler, Enforcement Officer, at (312) 
886-0429 before visiting the Region 5 office.
    Submit written comments, identified by Docket ID No. EPA-R05-UST-
2006-0188, by one of the following methods: https://www.regulations.gov: 
Follow the online instructions for submitting comments.
    E-mail: tschampa.andrew@epa.gov.
    Fax: (312) 353-3159.
    Mail: Mr. Andrew Tschampa, Chief of Underground Storage Tank 
Section, U.S. EPA Region 5, DU-7J, 77 West Jackson Blvd., Chicago, 
Illinois 60604.
    Hand Delivery: Andrew Tschampa, Chief of Underground Storage Tank 
Section, U.S. EPA, DU-7J, 77 W. Jackson Boulevard, Chicago, Illinois 
60604. Such deliveries are only accepted during the Regional Office 
normal hours of operation, and special

[[Page 14443]]

arrangements should be made for deliveries of boxed information. The 
Regional Office Official hours of business are Monday through Friday, 
8:30 a.m. to 4:30 p.m. excluding Federal holidays.
    Instructions: Direct your comments to Docket ID No. EPA-R05-UST-
2006-0188. EPA's policy is that all comments received will be included 
in the public docket without change and may be made available online at 
https://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 statute. Do not submit information that you consider to 
be CBI or otherwise protected through https://www.regulations.gov or e-
mail.
    The https://www.regulations.gov Web site is an ``anonymous access'' 
system, which means EPA 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 https://
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 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. For additional information about EPA's public docket visit the 
EPA Docket Center homepage at https://www.epa.gov/epahome/dockets.htm.
    Unless sufficient public interest is expressed, EPA will not hold a 
public hearing on the State of Indiana's application for program 
approval. Anyone who wishes to learn whether or not a public hearing on 
the State's application has been scheduled should telephone the 
following contacts after April 21, 2006:
    Mr. Andrew Tschampa, Chief, Underground Storage Tank Section, U.S. 
EPA Region 5, DU-7J, 77 West Jackson Blvd., Chicago, Illinois 60604, 
Telephone: (312) 886-6136, or
    Mr. Skip Powers, Chief, Underground Storage Tank Section, Indiana 
Department of Environmental Management, 100 N. Senate Avenue, 
Indianapolis, Indiana 46206, Telephone: (317) 308-3039.

FOR FURTHER INFORMATION CONTACT: Mr. Andrew Tschampa, Chief, 
Underground Storage Tank Section, U.S. EPA Region 5, DU-7J, 77 West 
Jackson Blvd., Chicago, Illinois, Telephone: (312) 886-6136.

SUPPLEMENTARY INFORMATION:

I. Background

    Section 9004 of the Resource Conservation and Recovery Act (RCRA) 
authorizes EPA to approve State underground storage tank programs to 
operate in the State in lieu of the Federal underground storage tank 
(UST) program. Program approval may be granted by EPA pursuant to RCRA 
section 9004(b), if the Agency finds that the State program: Is ``no 
less stringent'' than the Federal program for the seven elements set 
forth at RCRA section 9004(a)(1) through (7); includes the notification 
requirements of RCRA section 9004(a)(8); and provides for adequate 
enforcement of compliance with UST standards of RCRA section 9004(a). 
Note that RCRA sections 9005 (on information-gathering) and 9006 (on 
Federal enforcement) by their terms apply even in states with programs 
approved by EPA under RCRA section 9004. Thus, the Agency retains its 
authority under RCRA sections 9005 and 9006, 42 U.S.C. 6991d and 6991e, 
and other applicable statutory and regulatory provisions to undertake 
inspections and enforcement actions in approved states. With respect to 
such an enforcement action, the Agency will rely on Federal sanctions, 
Federal inspection authorities, and Federal procedures rather than the 
State authorized analogues to these provisions.

II. Indiana

    The Indiana Department of Environmental Management (IDEM) is the 
implementing agency for underground storage tank (UST) activities in 
the State.
    IDEM UST/LUST program was first implemented in 1986 and IDEM 
recently amended its technical rules, which came into effect October 
2004. Indiana adopted UST program regulations for petroleum and 
hazardous substance underground storage tanks. Prior to the adoption of 
the regulations, Indiana solicited public comments on the draft UST 
program regulations.
    IDEM submitted their application for State Program Approval (SPA) 
of Indiana's UST program to U.S. EPA by letter dated April 5, 2005. EPA 
reviewed IDEM's application and determined it to be complete. EPA 
notified IDEM in a June 22, 2005, letter that the Indiana application 
was complete. In addition, EPA has reviewed the IDEM application and 
has tentatively determined that the State's UST program meets all of 
the requirements necessary to qualify for final approval.
    EPA will not hold a public hearing on its tentative decision, 
unless sufficient public interest is expressed. The public may also 
submit written comments on EPA's tentative determination until April 
11, 2006. Copies of the Indiana application are available for 
inspection and copying at the locations indicated in the ADDRESSES 
section of this document.
    EPA will consider all public comments on its tentative 
determination received at a public hearing if scheduled, or received in 
writing during the public comment period. Issues raised by those 
comments may be the basis for a decision to deny final approval to 
Indiana. EPA expects to make a final decision on whether or not to 
approve Indiana's program within 60 days of the close of the public 
comment period, and will give notice of it in the Federal Register. The 
document will include a summary of the reasons for the final 
determination and a response to all significant and pertinent comments.
    Included in the State's Application is an Attorney General's 
statement. In some instances, the State program may be broader in scope 
or more stringent than the Federal program. The Attorney General's 
statement provides an outline of the State's statutory and regulatory 
authority and details concerning areas where the State program is 
broader in scope or more stringent than the Federal program.

III. Statutory and Executive Order Reviews

    This rule only applies to the Indiana Department of Environmental 
Management's 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.

[[Page 14444]]

    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--Section 12(d) 
of the National Technology Transfer and Advancement Act of 1995 
(``NTTAA''), Public Law 104-113, 12(d) (15 U.S.C. 272 note) directs EPA 
to use voluntary consensus standards in its regulatory activities 
unless to do so would be inconsistent with applicable law or otherwise 
impractical. Voluntary consensus standards are technical standards 
(e.g., materials specifications, test methods, sampling procedures, and 
business practices) that are developed or adopted by voluntary 
consensus standards bodies. The NTTAA directs EPA to provide Congress, 
through OMB, explanations when the Agency decides not to use available 
and applicable voluntary consensus standards.
    This action does not involve technical standards. Therefore, EPA is 
not considering the use of any voluntary consensus standards.

List of Subjects in 40 CFR Part 281

    Environmental protection, Administrative practice and procedure, 
Hazardous materials, State program approval, Underground storage tanks.

    Authority: This notice is issued under the authority of Sections 
2002(a), 7004(b), and 9004 of the Solid Waste Disposal Act as 
amended, 42 U.S.C. 6912(a), 6974(b), and 6991(c).

    Dated: March 9, 2006.
Bharat Mathur,
Acting Regional Administrator, Region 5.
 [FR Doc. E6-4145 Filed 3-21-06; 8:45 am]
BILLING CODE 6560-50-P
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