Underground Storage Tank Program: Approved State Program for Hawaii, 53742-53747 [E8-21497]
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[FR Doc. E8–21736 Filed 9–16–08; 8:45 am]
BILLING CODE 6560–50–S
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ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 282
[EPA–R09–UST–2007–1122; FRL–8716–3]
Underground Storage Tank Program:
Approved State Program for Hawaii
Environmental Protection
Agency (EPA).
ACTION: Immediate final rule.
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. This action
codifies EPA’s decision to approve State
programs and incorporates by reference
those provisions of the State statutes
and regulations that will be subject to
EPA’s inspection and enforcement
authorities in accordance with sections
9005 and 9006 of RCRA Subtitle I and
25 other applicable statutory and
40 regulatory provisions. This rule codifies
20
the prior approval of the State of
10
0.2 Hawaii’s underground storage tank
25 program and incorporates by reference
30 appropriate provisions of State statutes
0.2 and regulations.
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This final rule is effective
November 17, 2008, unless EPA
publishes a prior Federal Register
notice withdrawing this immediate final
rule. All comments on the codification
of Hawaii’s underground storage tank
program must be received by the close
of business October 17, 2008. The
incorporation by reference of certain
publications listed in the regulations is
approved by the Director of the Federal
Register, as of November 17, 2008, in
accordance with 5 U.S.C. 552(a).
ADDRESSES: Submit your comments,
identified by Docket ID No. EPA–R09–
UST–2007–112, by one of the following
methods:
• https://www.regulations.gov: Follow
the on-line instructions for submitting
comments.
• E-mail: amaro.laurie@epa.gov.
• Fax: (415) 947–3530.
• Mail: Laurie Amaro, U.S. EPA
Region 9, 75 Hawthorne Street, (Mail
Code: WST–8), San Francisco, CA
94105.
• Hand Delivery: Laurie Amaro,
Waste Management Division, U.S. EPA
Region 9, 75 Hawthorne Street, San
Francisco, CA 94105. Such deliveries
are only accepted during EPA’s normal
hours of operation and should be made
to the EPA receptionist office on the
first floor.
Instructions: Direct your comments to
Docket ID No. EPA–R09–UST–2007–
112. EPA’s policy is that all comments
received will be included in the public
docket without change and may be
made available online at https://
www.regulations.gov including any
personal information provided, unless
the comment includes information
claimed to be Confidential Business
Information (CBI) or other information
whose disclosure is restricted by statue.
Do not submit information that you
consider to be CBI or otherwise
protected through https://
www.regulations.gov or e-mail. The
https://www.regulations.gov Web site is
an ‘‘anonymous access’’ system, which
means WPA will not know your identity
or contact information unless you
provide it in the body of your comment.
If you send an e-mail comment directly
to EPA without going through 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
DATES:
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technical difficulties and cannot contact
you for clarification, EPA may not be
able to consider your comment.
Electronic files should avoid the use of
special characters, any form of
encryption, and be free of any defects or
viruses.
Docket: All documents in the docket
are listed in the https://
www.regulations.gov index. Although
listed in the index, some information is
not publicly available, e.g., CBI or other
information whose disclosure is
restricted by statute. Certain other
materials, such as copyrighted material,
will be publicly available only in hard
copy. Publicly available docket
materials are available either
electronically through https://
www.regulations.gov or in hard copy at
the EPA Region 9 Environmental
Information Center Library, 13th Floor,
75 Hawthorne Street, San Francisco, CA
94706; Business hours: 9 a.m. to noon
and 1 p.m. to 4 p.m., Monday–
Thursday. Phone Number: (415) 947–
4406; e-mail address: libraryregion9@epa.gov.
You may also view and copy Hawaii’s
underground storage tank statute and
regulations at: Hawaii Department of
Health, Solid and Hazardous Waste
Branch, 919 Ala Moana Blvd., Room
212, Honolulu, Hawaii 96814–4920. Call
(808) 586–4226 in advance to make an
appointment.
FOR FURTHER INFORMATION CONTACT:
Laurie Amaro, U.S. EPA Region 9, 75
Hawthorne Street, (Mail Code: WST–8),
San Francisco, CA 94105. Phone
Number: (415) 972–3364; e-mail
address: amaro.laurie@epa.gov.
SUPPLEMENTARY INFORMATION:
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Background
Section 9004 of RCRA, 42 U.S.C.
6991c, allows the EPA to approve a
State underground storage tank program
to operate in the State in lieu of the
Federal underground storage tank
program. EPA published a rule in the
Federal Register granting approval to
Hawaii on September 25, 2002, and
approval was effective on September 30,
2002 (67 FR 60161).
EPA codifies its approval of a State
program in 40 CFR part 282 and
incorporates by reference therein the
State’s statutes and regulations that
make up the approved program which is
federally-enforceable in accordance
with sections 9005 and 9006 of Subtitle
I of RCRA, 42 U.S.C. 6991d and 6991e,
and other applicable statutory and
regulatory provisions. Today’s
rulemaking codifies EPA’s approval of
Hawaii’s underground storage tank
program. This codification reflects the
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State program in effect at the time EPA
granted Hawaii’s approval, in
accordance with section 9004(a), 42
U.S.C. 6991c(a), for its underground
storage tank program. Notice and
opportunity for comment were provided
earlier on the Agency’s decision to
approve the Hawaii program, and EPA
is not now reopening that decision nor
requesting comment on it.
To codify EPA’s approval of Hawaii’s
underground storage tank program, EPA
has added section 282.61 to title 40 of
the CFR. 40 CFR 282.61(d)(1)(i)
incorporates by reference the State’s
statutes and regulations that make up
the approved program which is
federally-enforceable. 40 CFR 282.61
also references the Attorney General’s
Statement, the Demonstration of
Adequate Enforcement Procedures, the
Program Description, and the
memorandum of Agreement, which
were evaluated as part of the approval
process of the underground storage tank
program, in accordance with Subtitle I
of RCRA.
EPA retains the authority in
accordance with sections 9005 and 9006
of Subtitle I of RCRA, 42 U.S.C. 6991d
and 6991e, and other applicable
statutory and regulatory provisions, to
undertake inspections and enforcement
actions in approved States. With respect
to such an enforcement action, EPA will
rely on Federal sanctions, Federal
inspection authorities, and Federal
procedures rather than the State
analogues of these provisions.
Therefore, Hawaii’s inspection and
enforcement authorities are not
incorporated by reference, nor are they
part of Hawaii’s approved state program
which operates in lieu of the Federal
program. These authorities, however,
are listed in 40 CFR 282.61(d)(1)(ii) for
informational purposes, and also
because EPA considered them in
determining the adequacy of Hawaii’s
enforcement authority. Hawaii’s
authority to inspect and enforce the
State’s underground storage tank
requirements continues to operate
independently under State law.
Some provisions of the State’s
underground storage tank program are
not part of the federally-approved State
program. These non-approved
provisions are not part of the RCRA
Subtitle I program because they are
‘‘broader in scope’’ than Subtitle I of
RCRA. See 40 CFR 281.12(a)(3)(ii). As a
result, State provisions which are
‘‘broader in scope’’ than the Federal
program are not incorporated by
reference for purposes of Federal
enforcement in 40 CFR part 282. Section
282.61(d)(1)(iii) of the codification
simply lists for reference and clarity the
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53743
Hawaii statutory and regulatory
provisions which are ‘‘broader in scope’’
than the Federal program and which are
not, therefore, part of the approved
program being codified today. ‘‘Broader
in scope’’ provisions cannot be enforced
by EPA; the State, however, will
continue to enforce such provisions.
When the phrases, ‘‘insofar’’ and
‘‘except insofar,’’ are used in Appendix
A (which provides an informational
listing of the state requirements
incorporated by reference in Part 282 of
the Code of Federal Regulations), refer
to the binders in the codification
materials for specifics as to any words,
phrases, sentences, paragraphs, or
subsections that are ‘‘crossed-out’’ in the
binders. These crossed-out materials are
not incorporated by reference in Part
282 of the Code of Federal Regulations.
Statutory and Executive Order Reviews
This action only codifies EPAauthorized underground storage tank
program requirements pursuant to
RCRA section 9004 and imposes no
requirements other than those imposed
by State law (see SUPPLEMENTARY
INFORMATION). Therefore, this rule
complies with applicable executive
orders and statutory provisions as
follows.
1. Executive Order 12866: Regulatory
Planning Review—The Office of
Management and Budget has exempted
this rule from its review under
Executive Order (EO) 12866. 2.
Paperwork Reduction Act—This rule
does not impose an information
collection burden under the Paperwork
Reduction Act. 3. Regulatory Flexibility
Act—After considering the economic
impacts of today’s rule on small entities
under the Regulatory Flexibility Act, I
certify that this rule will not have a
significant economic impact on a
substantial number of small entities. 4.
Unfunded Mandates Reform Act—
Because this rule codifies pre-existing
requirements under state law and does
not impose any additional enforceable
duty beyond that required by state law,
it does not contain any unfunded
mandate or significantly or uniquely
affect small governments, as described
in the Unfunded Mandates Reform Act.
5. Executive Order 13132: Federalism—
EO 13132 does not apply to this rule
because it will not have federalism
implications (i.e., substantial direct
effects on the States, on the relationship
between the national government and
the States, or on the distribution of
power and responsibilities among the
various levels of government). 6.
Executive Order 13175: Consultation
and Coordination with Indian Tribal
Governments—EO 13175 does not apply
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to this rule because it will not have
tribal implications (i.e., substantial
direct effects on one or more Indian
tribes, on the relationship between the
Federal Government and Indian tribes,
or on the distribution of power and
responsibilities between the Federal
Government and Indian tribes). 7.
Executive Order 13045: Protection of
Children from Environmental Health &
Safety Risks—This rule is not subject to
EO 13045 because it is not economically
significant and it is not based on health
or safety risks. 8. Executive Order
13211: Actions that Significantly Affect
Energy Supply, Distribution, or Use—
This rule is not subject to EO 13211
because it is not a significant regulatory
action as defined in EO 12866. 9.
National Technology Transfer and
Advancement Act—EPA has previously
addressed the non-applicability of the
National Technology Transfer and
Advancement Act in its final approval
of this state program. See 67 FR 60161
for final approval of state program.
Section 12(d) of the National
Technology Transfer and Advancement
Act does not apply to this action. 10.
Congressional Review Act—EPA will
submit a report containing this rule and
other information required by the
Congressional Review Act (5 U.S.C. 801
et seq.) to the U.S. Senate, the U.S.
House of Representatives, and the
Comptroller General of the United
States prior to publication in the
Federal Register. A major rule cannot
take effect until 60 days after it is
published in the Federal Register. This
action is not a ‘‘major rule’’ as defined
by 5 U.S.C. 804(2). Nevertheless, to
allow time for public comment, this
action will be effective on November 17,
2008.
List of Subjects in 40 CFR Part 282
Environmental protection, Hazardous
substances, Incorporation by reference,
Intergovernmental relations, State
program approval, Underground storage
tanks, Water pollution control.
Dated: September 5, 2008.
Jane Diamond,
Acting Regional Administrator, EPA Region
9.
For the reasons set forth in the
preamble, 40 CFR part 282 is amended
as follows:
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■
PART 282—APPROVED
UNDERGROUND STORAGE TANK
PROGRAMS
1. The authority citation for part 282
continues to read as follows:
■
Authority: 42 U.S.C. 6912, 6991c, 6991d,
and 6991e.
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Subpart B—Approved State Programs
2. Subpart B is amended by adding
§ 282.61 to read as follows:
■
§ 282.61 Hawaii State-Administered
Program.
(a) The State of Hawaii’s underground
storage tank program is approved in lieu
of the Federal program in accordance
with Subtitle I of the Resource
Conservation and Recovery Act of 1976
(RCRA), as amended, 42 U.S.C. 6991 et
seq. The State’s program, as
administered by the Hawaii Department
of Health, was approved by EPA
pursuant to 42 U.S.C. 6991c and part
281 of this chapter. EPA approved the
Hawaii underground storage tank
program on September 25, 2002, and
approval was effective on September 30,
2002.
(b) Hawaii has primary responsibility
for enforcing its underground storage
tank program. However, EPA retains the
authority to exercise its inspection and
enforcement authorities in accordance
with sections 9005 and 9006 of Subtitle
I of RCRA, 42 U.S.C. 6991d and 6991e,
regardless of whether the State has
taken its own actions, as well as in
accordance with other statutory and
regulatory provisions.
(c) To retain program approval,
Hawaii must revise its approved
program to adopt new changes to the
Federal Subtitle I program that make it
more stringent, in accordance with
section 9004 of RCRA, 42 U.S.C. 6991c,
and 40 CFR part 281, subpart E. If
Hawaii obtains approval for the revised
requirements pursuant to section 9004
of RCRA, 42 U.S.C. 6991c, the newly
approved statutory and regulatory
provisions will be added to this subpart
and notice of any change will be
published in the Federal Register.
(d) Hawaii has final approval for the
following elements submitted to EPA in
the State’s program application for final
approval. On September 25, 2002, EPA
published a rule approving the State’s
program in the Federal Register, 67 FR
60161. That approval became effective
on September 30, 2002. Copies of
Hawaii’s program application may be
obtained from the Hawaii Department of
Health, Solid and Hazardous Waste
Branch, 919 Ala Moana Boulevard,
Suite 212, Honolulu, HI 96814.
(1) State statutes and regulations. (i)
The provisions cited in paragraph
(d)(1)(i) of this section are incorporated
by reference as part of the approved
underground storage tank program in
accordance with Subtitle I of RCRA, 42
U.S.C. 6991 et seq.
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(A) Hawaii Statutory Requirements
Applicable to the Underground Storage
Tank Program, 2001.
(B) Hawaii Regulatory Requirements
Applicable to the Underground Storage
Tank Program, 2001.
(ii) EPA considered the following
statutes and regulations in evaluating
the State program, but did not
incorporate them by reference.
(A) The statutory provisions include
of the Hawaii Revised Statutes:
(1) Hawaii Revised Statutes, Chapter 342L,
Underground Storage Tanks.
Section 342L–1 Definitions (insofar as
‘‘complaint’’ sets forth enforcement
authorities)
Section 342L–2 Administration
Section 342L–3 Powers; rulemaking;
appointment of hearings officers
Section 342L–7 Authority to obtain
information and data, inspect, and
require and conduct activities; penalties
for disclosure
Section 342L–8 Enforcement
Section 342L–9 Emergency powers;
procedures
Section 342L–10 Penalties
Section 342L–11 Administrative
penalties
Section 342L–12 Injunctive relief
Section 342L–12.5 Intervention
Section 342L–13 Appeal
Section 342L–15 Public records;
confidential information
Section 342L–17 Other action not barred
Section 342L–18 Enforcement by state
and county authorities
Section 342L–19 Other powers of
department not affected
Section 342L–20 Effect of laws,
ordinances, and rules
Section 342L–21 Priority in courts
Section 342L–30 Notification
requirements (insofar as paragraph (i) of
this section grants the Department
authority to assess penalties for
noncompliance)
Section 342L–51 Leaking underground
storage tank fund
Section 342L–52 Response to suspected
or confirmed releases (insofar as it sets
forth enforcement authorities)
Section 342L–53 Cost recovery
(2) Hawaii Revised Statutes, Chapter 342D,
Water Pollution.
Section 342D–8 Inspection of premises
Section 342D–9 Enforcement
Section 342D–10 Emergency powers;
procedures
Section 342D–11 Injunctive relief
Section 342D–12 Appeal
Section 342D–14 Public records;
confidential information; penalties
Section 342D–30 Civil penalties
Section 342D–31 Administrative
penalties
Section 342D–32 Negligent violations
Section 342D–33 Knowing violations
Section 342D–34 Knowing endangerment
Section 342D–35 False statements
Section 342D–36 Treatment of single
operational upset
Section 342D–37 Responsible corporate
officer as ‘‘person’’
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Section 342D–39 Disposition of collected
fines and penalties
Section 342D–52 Testing of water and
aquatic and other life
(3) Hawaii Revised Statutes, Chapter 128D,
Environmental Response Law.
Section 128D–4 State response
authorities; uses of fund (insofar as it
sets forth enforcement authorities for
certain corrective actions)
(B) The regulatory provisions include;
Hawaii Administrative Rules, Chapter
11–281, Underground Storage Tanks:
Section 11–281–03 Definitions (insofar as
‘‘complaint’’ sets forth enforcement
authorities; and insofar as ‘‘field
citation’’ and ‘‘force majeure’’ relate to
the Department’s enforcement
authorities)
Section 11–281–80 Public participation
for corrective action plans (insofar as
paragraph (j) of this section sets forth
enforcement authorities)
Section 11–281–121 Purpose
Section 11–281–122 Applicability
Section 11–281–123 Issuance and
contents of a field citation
Section 11–281–124 Notice of citation
Section 11–281–125 Field citation order
and settlement agreement
Section 11–281–126 Correcting
violations; paying the settlement
amount; and signing the settlement
agreement
Section 11–281–127 Method of payment
Section 11–281–128 Field citation
penalty amounts for settlement
Section 11–281–131 Appendices VII and
VIII (insofar as they relate to the
Department’s field citation program)
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(iii) The following statutory and
regulatory provisions are broader in
scope than the Federal program, are not
part of the approved program, and are
not incorporated by reference. These
provisions are not federally enforceable.
(A) The statutory provisions include;
Hawaii Revised Statutes, Chapter 342L,
Underground Storage Tanks:
Section 342L–1 Definitions (‘‘owner’’
insofar as it includes persons who hold
indicia of ownership to protect an
interest in a tank system; ‘‘permit’’
insofar as it sets forth a permitting
program; and ‘‘regulated substance’’
insofar as it includes other substances as
designated by the Department)
Section 342L–4 Permits; procedures for
(insofar as it establishes a permitting
program)
Section 342L–5 Variances allowed
(insofar as variances exceed the scope of
the federal program)
Section 342L–6 Variances; procedures for
(insofar as variances exceed the scope of
the federal program)
Section 342L–14 Fees (insofar as it grants
the director authority to establish fees for
registering underground storage tanks)
Section 342L–16 Non-liability of
department personnel (insofar as it was
specifically not authorized in the
Federal Register notice of program
approval)
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Section 342L–23 Directory of
underground storage tank service
providers (insofar as it was specifically
not authorized in the Federal Register
notice of program approval)
Section 342L–31 Permit requirements
and transfer of permit (insofar as it
requires owners and operators to obtain
permits to install or operate UST
systems)
Section 342L–50 Definitions (insofar as
the definition of ‘‘owner’’ defines lenders
as operators and subjects such lenders to
requirements other than the corrective
action requirements)
(B) The regulatory provisions include
the following sections of Hawaii
Administrative Rules, Chapter 11–281,
Underground Storage Tanks:
Section 11–281–03 Definitions (‘‘farm
tank’’ insofar as it regulates tanks on
farms that are not used for farm or
commercial purposes; ‘‘regulated
substance’’ insofar as the Department can
designate other substances; ‘‘reportable
quantity’’ insofar as it sets forth a
reporting threshold of 10 lbs. for
trichloropropane; and ‘‘underground
storage tank’’ insofar as its designation of
farm tanks exceeds the scope of the
federal regulations)
Section 11–281–23 Permit required
(insofar as it relates to the permitting
program)
Section 11–281–24 Application for a
permit (insofar as paragraphs (a), (b),
(c)(3), and (c)(4) of this section relate to
the permitting program)
Section 11–281–25 Permit (insofar as
paragraphs (a) and (b) of this section
relate to the permitting program)
Section 11–281–26 Permit renewals
(insofar as it relates to the permitting
program)
Section 11–281–27 Action on and timely
approval of an application for a permit
(insofar as it relates to the permitting
program)
Section 11–281–28 Permit conditions
(insofar as it relates to the permitting
program)
Section 11–281–29 Modification of
permit and notice of change (insofar as
it relates to the permitting program)
Section 11–281–30 Revocation or
suspension of permit (insofar as it relates
to the permitting program)
Section 11–281–31 Change in owner or
operator for a permit (insofar as it relates
to the permitting program)
Section 11–281–32 Variances allowed
(insofar as variances exceed the scope of
the federal program)
Section 11–281–33 Variance applications
(insofar as variances exceed the scope of
the federal program)
Section 11–281–34 Maintenance of
permit or variance (insofar as it relates to
the permitting program)
Section 11–281–35 Fees (insofar as it
establishes registration fees)
Section 11–281–45 Reporting and
recordkeeping (insofar as paragraph
(b)(3)of this section addresses posting of
signs; and paragraph (c)(6) of this section
requires maintenance of permit records)
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Section 11–281–73 Posting of signs
(insofar as there is no analogous
provision in the federal regulations)
Section 11–281–131 Appendices II, IV, V,
and VI of this section (insofar as they
address permit application and transfer
procedures and variances)
(2) Statement of legal authority. (i)
‘‘Attorney General’s Statement,’’ signed
by the State Attorney General on
October 12, 2000, though not
incorporated by reference, is referenced
as part of the approved underground
storage tank program in accordance with
Subtitle I of RCRA, 42 U.S.C. 6991 et
seq.
(ii) Letter from the Attorney General
of Hawaii to EPA, October 12, 2000,
though not incorporated by reference, is
referenced as part of the approved
underground storage tank program in
accordance with Subtitle I of RCRA, 42
U.S.C. 6991 et seq.
(3) Demonstration of procedures for
adequate enforcement. The
‘‘Demonstration of Procedures for
Adequate Enforcement’’ submitted as
part of the original application on May
23, 2001, though not incorporated by
reference, is referenced as part of the
approved underground storage tank
program in accordance with Subtitle I of
RCRA, 42 U.S.C. 6991 et seq.
(4) Program Description. The program
description and any other material
submitted as part of the original
application on May 23, 2001, though not
incorporated by reference, are
referenced as part of the approved
underground storage tank program in
accordance with Subtitle I of RCRA, 42
U.S.C. 6991 et seq.
(5) Memorandum of Agreement. The
Memorandum of Agreement between
EPA Region 9 and the Hawaii
Department of Health, signed by the
EPA Regional Administrator on
September 13, 2002, though not
incorporated by reference, is referenced
as part of the approved underground
storage tank program in accordance with
Subtitle I of RCRA, 42 U.S.C. 6991 et
seq.
■ 3. Appendix A to Part 282 is amended
by adding in alphabetical order
‘‘Hawaii’’ and its listing to read as
follows:
Appendix A to Part 282—State
Requirements Incorporated by
Reference in Part 282 of the Code of
Federal Regulations
*
*
*
*
*
Hawaii
(a) The statutory provisions include:
(1) Hawaii Revised Statutes, Chapter 342L,
Underground Storage Tanks.
Section 342L–1 Definitions (except
‘‘complaint’’ insofar as it sets forth
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Federal Register / Vol. 73, No. 181 / Wednesday, September 17, 2008 / Rules and Regulations
enforcement authorities; ‘‘owner’’ insofar
as it includes persons who hold indicia
of ownership to protect an interest in a
tank system; ‘‘permit’’ insofar as it sets
forth a permitting program; and
‘‘regulated substance’’ insofar as it
includes other substances as designated
by the Department)
Section 342L–7.5 Record maintenance
Section 342L–30 Notification
requirements (except paragraph (i) of this
section insofar as it grants the
Department authority to assess penalties
for noncompliance)
Section 342L–32 Standards for tanks and
tank systems
Section 342L–33 Release detection
Section 342L–34 Reporting of releases
Section 342L–35 Response to suspected
or confirmed releases
Section 342L–36 Financial responsibility
Section 342L–37 Underground storage
tank and tank system change in service
and closure requirements
Section 342L–50 Definitions (except
‘‘owner’’ insofar as it defines lenders as
operators and subjects such lenders to
requirements other than the corrective
action requirements)
(2) Hawaii Revised Statutes, Chapter 342D,
Water Pollution.
Section 342D–1 Definitions
Section 342D–4 Duties; rules
Section 342D–7 Variances (Insofar as
paragraph (a) of this appendix is
applicable to the underground storage
tank program)
Section 342D–38 Hazardous substance
defined
Section 342D–50 Prohibition
Section 342D–51 Affirmative duty to
report discharges
(3) Hawaii Revised Statutes, Chapter 342E,
Nonpoint Source Pollution Management
and Control.
Section 342E–1 Definitions
Section 342E–2 Nonpoint source
pollution management and control
program
mstockstill on PROD1PC66 with RULES
(b) The regulatory provisions include:
(1) Hawaii Administrative Rules, Chapter 11–
281, Underground Storage Tanks
Section 11–281–01 Applicability
Section 11–281–02 Prohibition for
deferred underground storage tanks or
tank systems
Section 11–281–03 Definitions (except
‘‘complaint’’ insofar as it sets forth
enforcement authorities; ‘‘farm tank’’
insofar as it regulates tanks on farms that
are not used for farm or commercial
purposes; ‘‘field citation’’ and ‘‘force
majeure’’ insofar as they relate to the
Department’s enforcement authorities;
‘‘regulated substance’’ insofar as the
Department can designate other
substances; ‘‘reportable quantity’’ insofar
as it sets forth a reporting threshold of
10 lbs. for trichloropropane; and
‘‘underground storage tank’’ insofar as its
designation of farm tanks exceeds the
scope of the federal regulations)
Section 11–281–11 Performance
standards for underground storage tanks
and tank systems
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16:59 Sep 16, 2008
Jkt 214001
Section 11–281–12 Tank requirements
Section 11–281–13 Piping requirements
Section 11–281–14 Spill and overfill
prevention equipment
Section 11–281–15 Installation
Section 11–281–16 Certification of
installation
Section 11–281–17 Secondary
containment
Section 11–281–18 Upgrading of existing
underground storage tanks and tank
systems
Section 11–281–21 Notification
requirements for tanks brought into use
before the effective date of these rules
Section 11–281–22 Notification
requirements for tanks brought into use
on or after the effective date of these
rules
Section 11–281–24 Application for a
permit (except insofar as paragraphs (a),
(b), (c)(3), and (c)(4) of this section relate
to the permitting program)
Section 11–281–25 Permit (except insofar
as paragraphs (a) and (b) of this section
relate to the permitting program)
Section 11–281–41 Spill and overfill
control
Section 11–281–42 Operation and
maintenance of corrosion protection
systems
Section 11–281–43 Compatibility
Section 11–281–44 Repairs
Section 11–281–45 Reporting and
recordkeeping (except paragraph (b)(3) of
this section insofar as it addresses
posting of signs; and paragraph (c)(6)
insofar as it requires maintenance of
permit records)
Section 11–281–51 General requirements
for all underground storage tanks or tank
systems
Section 11–281–52 Methods of release
detection for tanks
Section 11–281–53 Methods of release
detection for piping
Section 11–281–54 Release detection
recordkeeping
Section 11–281–61 Reporting of
suspected releases
Section 11–281–62 Investigation of offsite impacts
Section 11–281–63 Release investigation
and confirmation steps
Section 11–281–64 Reporting and
cleanup of spills and overfills
Section 11–281–71 General
Section 11–281–72 Immediate response
actions
Section 11–281–74 Initial abatement
measures and site assessment
Section 11–281–75 Initial site
characterization
Section 11–281–76 Free product removal
Section 11–281–77 Investigation of soil
and ground water contamination
Section 11–281–78 Site cleanup criteria
Section 11–281–78.1 Notification of
confirmed releases
Section 11–281–79 Corrective action plan
Section 11–281–80 Public participation
for corrective action plans [except
paragraph (j) insofar as it sets forth
enforcement authorities]
Section 11–281–80.1 Reporting and
recordkeeping
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Fmt 4700
Sfmt 4700
Section 11–281–81 Temporary closure
Section 11–281–82 Permanent closure
and change-in-service
Section11–281–83 Site assessment
Section 11–281–84 Previously closed
underground storage tanks or tank
systems
Section 11–281–85 Closure records
Section 11–281–91 Applicability
Section 11–281–93 Definition of terms
Section 11–281–94 Amount and scope of
required financial responsibility
Section 11–281–95 Allowable
mechanisms and combinations of
mechanisms
Section 11–281–96 Financial test of selfinsurance
Section 11–281–97 Guarantee
Section 11–281–98 Insurance and risk
retention group
Section 11–281–99 Surety bond
Section 11–281–100 Letter of credit
Section 11–281–101 Trust fund
Section 11–281–102 Standby trust fund
Section 11–281–103 Local government
bond rating test
Section 11–281–104 Local government
financial test
Section 11–281–106 Local government
guarantee
Section 11–281–107 Local government
fund
Section 11–281–108 Substitution of
financial assurance mechanisms by
owner or operator
Section 11–281–109 Cancellation or
nonrenewal by a provider of financial
assurance
Section 11–281–110 Reporting by owner
or operator
Section 11–281–111 Recordkeeping
Section 11–281–112 Drawing on financial
assurance mechanisms
Section 11–281–113 Release from
financial responsibility
Section 11–281–114 Bankruptcy or other
incapacity of owner or operator or
provider of financial assurance
Section 11–281–115 Replenishment of
guarantees, letters of credit, or surety
bonds
Section 11–281–131 Appendices I and III
(Notification for Underground Storage
Tanks, June 1999 and Certification of
Underground Storage Tank Installation,
June 1999)
(2) Hawaii Administrative Rules, Chapter 11–
264, Hazardous Waste Management:
Standards for Owners and Operators of
Hazardous Waste Treatment, Storage,
and Disposal Facilities, Subpart J, Tank
Systems.
Section 11–264–190 Applicability
Section 11–264–191 Assessment of
existing tank system’s integrity
Section 11–264–192 Design and
installation of new tank systems or
components
Section 11–264–193 Containment and
detection of releases
Section 11–264–194 General operating
requirements
Section 11–264–195 Inspections
Section 11–264–196 Response to leaks or
spills and disposition of leaking or unfitfor use tank systems
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Section 11–264–197 Closure and postclosure care
Section 11–264–198 Special requirements
for ignitable or reactive wastes
Section 11–264–199 Special requirements
for incompatible wastes
Section 11–264–200 Air emission
standards
[FR Doc. E8–21497 Filed 9–16–08; 8:45 am]
BILLING CODE 6560–50–P
DEPARTMENT OF HOMELAND
SECURITY
Federal Emergency Management
Agency
44 CFR Part 64
[Docket No. FEMA–8039]
Suspension of Community Eligibility
Federal Emergency
Management Agency, Department of
Homeland Security.
ACTION: Final rule.
mstockstill on PROD1PC66 with RULES
AGENCY:
SUMMARY: This rule identifies
communities, where the sale of flood
insurance has been authorized under
the National Flood Insurance Program
(NFIP), that are scheduled for
suspension on the effective dates listed
within this rule because of
noncompliance with the floodplain
management requirements of the
program. If the Federal Emergency
Management Agency (FEMA) receives
documentation proving the community
has adopted the required floodplain
management measures prior to the
effective suspension date given in this
rule, the suspension will not occur and
a notice will be provided by publication
in the Federal Register on a subsequent
date.
DATES: Effective Date: The effective date
of each community’s scheduled
suspension is the third date (‘‘Susp.’’)
listed in the third column of the
following tables.
FOR FURTHER INFORMATION CONTACT: If
you want to determine whether a
particular community was suspended
on the suspension date or obtain
additional information, contact David
Stearrett, Federal Emergency
Management Agency, Mitigation
Directorate, 500 C Street, SW.,
Washington, DC 20472, (202) 646–2953.
SUPPLEMENTARY INFORMATION: The NFIP
enables property owners to purchase
flood insurance which is generally not
otherwise available. In return,
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16:59 Sep 16, 2008
Jkt 214001
communities agree to adopt and
administer local floodplain management
aimed at protecting lives and new
construction from future flooding.
Section 1315 of the National Flood
Insurance Act of 1968, as amended, 42
U.S.C. 4022, prohibits flood insurance
coverage as authorized under the NFIP,
42 U.S.C. 4001 et seq.; unless an
appropriate public body adopts
adequate floodplain management
measures with effective enforcement
measures. The communities listed in
this document no longer meet the
statutory requirement for compliance
with program regulations, 44 CFR part
59. Accordingly, the communities will
be suspended on the effective date in
the third column. As of that date, flood
insurance will no longer be available in
the community. However, some of these
communities may adopt and submit the
required documentation of legally
enforceable floodplain management
measures after this rule is published but
prior to the actual suspension date.
These communities will not be
suspended and will continue their
eligibility for the sale of insurance. A
notice withdrawing the suspension of
the communities will be published in
the Federal Register.
Previously, FEMA identified the
Special Flood Hazard Areas (SFHAs) in
these communities by publishing a
Flood Insurance Rate Map (FIRM). The
date of the FIRM, if one has been
published, is indicated in the fourth
column of the table. No direct Federal
financial assistance (except assistance
pursuant to the Robert T. Stafford
Disaster Relief and Emergency
Assistance Act not in connection with a
flood) may legally be provided for
construction or acquisition of buildings
in identified SFHAs for communities
not participating in the NFIP and
identified for more than a year, on the
FEMA initial flood insurance map of the
community as having flood-prone areas
(section 202(a) of the Flood Disaster
Protection Act of 1973, 42 U.S.C.
4106(a), as amended). This prohibition
against certain types of Federal
assistance becomes effective for the
communities listed on the date shown
in the last column. The Administrator
finds the notice and public comment
under 5 U.S.C. 553(b) are impracticable
and unnecessary because the
communities listed in this final rule
have been adequately notified.
Each community receives 6-month,
90-day, and 30-day notification letters
addressed to the Chief Executive Officer
stating the community will be
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Frm 00063
Fmt 4700
Sfmt 4700
53747
suspended unless the required
floodplain management measures are
met prior to the effective suspension
date. Since these notifications were
made, this final rule may take effect
within less than 30 days.
National Environmental Policy Act.
This rule is categorically excluded from
the requirements of 44 CFR Part 10,
Environmental Considerations. No
environmental impact assessment has
been prepared.
Regulatory Flexibility Act. The
Administrator has determined this rule
is exempt from the requirements of the
Regulatory Flexibility Act because the
National Flood Insurance Act of 1968,
as amended, 42 U.S.C. 4022, prohibits
flood insurance coverage unless an
appropriate public body adopts
adequate floodplain management
measures with effective enforcement
measures. The communities listed no
longer comply with the statutory
requirements, and after the effective
date, flood insurance will no longer be
available in the communities unless
remedial action takes place.
Regulatory Classification. This final
rule is not a significant regulatory action
under the criteria of section 3(f) of
Executive Order 12866 of September 30,
1993, Regulatory Planning and Review,
58 FR 51735.
Executive Order 13132, Federalism.
This rule involves no policies that have
federalism implications under Executive
Order 13132.
Executive Order 12988, Civil Justice
Reform. This rule meets the applicable
standards of Executive Order 12988.
Paperwork Reduction Act. This rule
does not involve any collection of
information for purposes of the
Paperwork Reduction Act, 44 U.S.C.
3501 et seq.
List of Subjects in 44 CFR Part 64
Flood insurance, Floodplains.
Accordingly, 44 CFR Part 64 is
amended as follows:
■
PART 64—[AMENDED]
1. The authority citation for Part 64
continues to read as follows:
■
Authority: 42 U.S.C. 4001 et seq.;
Reorganization Plan No. 3 of 1978, 3 CFR,
1978 Comp.; p. 329; E.O. 12127, 44 FR 19367,
3 CFR, 1979 Comp.; p. 376.
§ 64.6
[Amended]
2. The tables published under the
authority of § 64.6 are amended as
follows:
■
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]]>Agencies
[Federal Register Volume 73, Number 181 (Wednesday, September 17, 2008)]
[Rules and Regulations]
[Pages 53742-53747]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E8-21497]
-----------------------------------------------------------------------
ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 282
[EPA-R09-UST-2007-1122; FRL-8716-3]
Underground Storage Tank Program: Approved State Program for
Hawaii
AGENCY: Environmental Protection Agency (EPA).
ACTION: Immediate final rule.
-----------------------------------------------------------------------
SUMMARY: The Resource Conservation and Recovery Act of 1976, as amended
(RCRA), authorizes EPA to grant approval to States to operate their
underground storage tank programs in lieu of the Federal program. This
action codifies EPA's decision to approve State programs and
incorporates by reference those provisions of the State statutes and
regulations that will be subject to EPA's inspection and enforcement
authorities in accordance with sections 9005 and 9006 of RCRA Subtitle
I and other applicable statutory and regulatory provisions. This rule
codifies the prior approval of the State of Hawaii's underground
storage tank program and incorporates by reference appropriate
provisions of State statutes and regulations.
DATES: This final rule is effective November 17, 2008, unless EPA
publishes a prior Federal Register notice withdrawing this immediate
final rule. All comments on the codification of Hawaii's underground
storage tank program must be received by the close of business October
17, 2008. The incorporation by reference of certain publications listed
in the regulations is approved by the Director of the Federal Register,
as of November 17, 2008, in accordance with 5 U.S.C. 552(a).
ADDRESSES: Submit your comments, identified by Docket ID No. EPA-R09-
UST-2007-112, by one of the following methods:
https://www.regulations.gov: Follow the on-line
instructions for submitting comments.
E-mail: amaro.laurie@epa.gov.
Fax: (415) 947-3530.
Mail: Laurie Amaro, U.S. EPA Region 9, 75 Hawthorne
Street, (Mail Code: WST-8), San Francisco, CA 94105.
Hand Delivery: Laurie Amaro, Waste Management Division,
U.S. EPA Region 9, 75 Hawthorne Street, San Francisco, CA 94105. Such
deliveries are only accepted during EPA's normal hours of operation and
should be made to the EPA receptionist office on the first floor.
Instructions: Direct your comments to Docket ID No. EPA-R09-UST-
2007-112. EPA's policy is that all comments received will be included
in the public docket without change and may be made available online at
https://www.regulations.gov including any personal information provided,
unless the comment includes information claimed to be Confidential
Business Information (CBI) or other information whose disclosure is
restricted by statue. Do not submit information that you consider to be
CBI or otherwise protected through https://www.regulations.gov or e-
mail. The https://www.regulations.gov Web site is an ``anonymous
access'' system, which means WPA will not know your identity or contact
information unless you provide it in the body of your comment. If you
send an e-mail comment directly to EPA without going through 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
[[Page 53743]]
technical difficulties and cannot contact you for clarification, EPA
may not be able to consider your comment. Electronic files should avoid
the use of special characters, any form of encryption, and be free of
any defects or viruses.
Docket: All documents in the docket are listed in the https://
www.regulations.gov index. Although listed in the index, some
information is not publicly available, e.g., CBI or other information
whose disclosure is restricted by statute. Certain other materials,
such as copyrighted material, will be publicly available only in hard
copy. Publicly available docket materials are available either
electronically through https://www.regulations.gov or in hard copy at
the EPA Region 9 Environmental Information Center Library, 13th Floor,
75 Hawthorne Street, San Francisco, CA 94706; Business hours: 9 a.m. to
noon and 1 p.m. to 4 p.m., Monday-Thursday. Phone Number: (415) 947-
4406; e-mail address: library-region9@epa.gov.
You may also view and copy Hawaii's underground storage tank
statute and regulations at: Hawaii Department of Health, Solid and
Hazardous Waste Branch, 919 Ala Moana Blvd., Room 212, Honolulu, Hawaii
96814-4920. Call (808) 586-4226 in advance to make an appointment.
FOR FURTHER INFORMATION CONTACT: Laurie Amaro, U.S. EPA Region 9, 75
Hawthorne Street, (Mail Code: WST-8), San Francisco, CA 94105. Phone
Number: (415) 972-3364; e-mail address: amaro.laurie@epa.gov.
SUPPLEMENTARY INFORMATION:
Background
Section 9004 of RCRA, 42 U.S.C. 6991c, allows the EPA to approve a
State underground storage tank program to operate in the State in lieu
of the Federal underground storage tank program. EPA published a rule
in the Federal Register granting approval to Hawaii on September 25,
2002, and approval was effective on September 30, 2002 (67 FR 60161).
EPA codifies its approval of a State program in 40 CFR part 282 and
incorporates by reference therein the State's statutes and regulations
that make up the approved program which is federally-enforceable in
accordance with sections 9005 and 9006 of Subtitle I of RCRA, 42 U.S.C.
6991d and 6991e, and other applicable statutory and regulatory
provisions. Today's rulemaking codifies EPA's approval of Hawaii's
underground storage tank program. This codification reflects the State
program in effect at the time EPA granted Hawaii's approval, in
accordance with section 9004(a), 42 U.S.C. 6991c(a), for its
underground storage tank program. Notice and opportunity for comment
were provided earlier on the Agency's decision to approve the Hawaii
program, and EPA is not now reopening that decision nor requesting
comment on it.
To codify EPA's approval of Hawaii's underground storage tank
program, EPA has added section 282.61 to title 40 of the CFR. 40 CFR
282.61(d)(1)(i) incorporates by reference the State's statutes and
regulations that make up the approved program which is federally-
enforceable. 40 CFR 282.61 also references the Attorney General's
Statement, the Demonstration of Adequate Enforcement Procedures, the
Program Description, and the memorandum of Agreement, which were
evaluated as part of the approval process of the underground storage
tank program, in accordance with Subtitle I of RCRA.
EPA retains the authority in accordance with sections 9005 and 9006
of Subtitle I of RCRA, 42 U.S.C. 6991d and 6991e, and other applicable
statutory and regulatory provisions, to undertake inspections and
enforcement actions in approved States. With respect to such an
enforcement action, EPA will rely on Federal sanctions, Federal
inspection authorities, and Federal procedures rather than the State
analogues of these provisions. Therefore, Hawaii's inspection and
enforcement authorities are not incorporated by reference, nor are they
part of Hawaii's approved state program which operates in lieu of the
Federal program. These authorities, however, are listed in 40 CFR
282.61(d)(1)(ii) for informational purposes, and also because EPA
considered them in determining the adequacy of Hawaii's enforcement
authority. Hawaii's authority to inspect and enforce the State's
underground storage tank requirements continues to operate
independently under State law.
Some provisions of the State's underground storage tank program are
not part of the federally-approved State program. These non-approved
provisions are not part of the RCRA Subtitle I program because they are
``broader in scope'' than Subtitle I of RCRA. See 40 CFR
281.12(a)(3)(ii). As a result, State provisions which are ``broader in
scope'' than the Federal program are not incorporated by reference for
purposes of Federal enforcement in 40 CFR part 282. Section
282.61(d)(1)(iii) of the codification simply lists for reference and
clarity the Hawaii statutory and regulatory provisions which are
``broader in scope'' than the Federal program and which are not,
therefore, part of the approved program being codified today. ``Broader
in scope'' provisions cannot be enforced by EPA; the State, however,
will continue to enforce such provisions.
When the phrases, ``insofar'' and ``except insofar,'' are used in
Appendix A (which provides an informational listing of the state
requirements incorporated by reference in Part 282 of the Code of
Federal Regulations), refer to the binders in the codification
materials for specifics as to any words, phrases, sentences,
paragraphs, or subsections that are ``crossed-out'' in the binders.
These crossed-out materials are not incorporated by reference in Part
282 of the Code of Federal Regulations.
Statutory and Executive Order Reviews
This action only codifies 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
[[Page 53744]]
to this rule because it will not have tribal implications (i.e.,
substantial direct effects on one or more Indian tribes, on the
relationship between the Federal Government and Indian tribes, or on
the distribution of power and responsibilities between the Federal
Government and Indian tribes). 7. Executive Order 13045: Protection of
Children from Environmental Health & Safety Risks--This rule is not
subject to EO 13045 because it is not economically significant and it
is not based on health or safety risks. 8. Executive Order 13211:
Actions that Significantly Affect Energy Supply, Distribution, or Use--
This rule is not subject to EO 13211 because it is not a significant
regulatory action as defined in EO 12866. 9. National Technology
Transfer and Advancement Act--EPA has previously addressed the non-
applicability of the National Technology Transfer and Advancement Act
in its final approval of this state program. See 67 FR 60161 for final
approval of state program. Section 12(d) of the National Technology
Transfer and Advancement Act does not apply to this action. 10.
Congressional Review Act--EPA will submit a report containing this rule
and other information required by the Congressional Review Act (5
U.S.C. 801 et seq.) to the U.S. Senate, the U.S. House of
Representatives, and the Comptroller General of the United States prior
to publication in the Federal Register. A major rule cannot take effect
until 60 days after it is published in the Federal Register. This
action is not a ``major rule'' as defined by 5 U.S.C. 804(2).
Nevertheless, to allow time for public comment, this action will be
effective on November 17, 2008.
List of Subjects in 40 CFR Part 282
Environmental protection, Hazardous substances, Incorporation by
reference, Intergovernmental relations, State program approval,
Underground storage tanks, Water pollution control.
Dated: September 5, 2008.
Jane Diamond,
Acting Regional Administrator, EPA Region 9.
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. 282.61 to read as follows:
Sec. 282.61 Hawaii State-Administered Program.
(a) The State of Hawaii's underground storage tank program is
approved in lieu of the Federal program in accordance with Subtitle I
of the Resource Conservation and Recovery Act of 1976 (RCRA), as
amended, 42 U.S.C. 6991 et seq. The State's program, as administered by
the Hawaii Department of Health, was approved by EPA pursuant to 42
U.S.C. 6991c and part 281 of this chapter. EPA approved the Hawaii
underground storage tank program on September 25, 2002, and approval
was effective on September 30, 2002.
(b) Hawaii has primary responsibility for enforcing its underground
storage tank program. However, EPA retains the authority to exercise
its inspection and enforcement authorities in accordance with sections
9005 and 9006 of Subtitle I of RCRA, 42 U.S.C. 6991d and 6991e,
regardless of whether the State has taken its own actions, as well as
in accordance with other statutory and regulatory provisions.
(c) To retain program approval, Hawaii must revise its approved
program to adopt new changes to the Federal Subtitle I program that
make it more stringent, in accordance with section 9004 of RCRA, 42
U.S.C. 6991c, and 40 CFR part 281, subpart E. If Hawaii obtains
approval for the revised requirements pursuant to section 9004 of RCRA,
42 U.S.C. 6991c, the newly approved statutory and regulatory provisions
will be added to this subpart and notice of any change will be
published in the Federal Register.
(d) Hawaii has final approval for the following elements submitted
to EPA in the State's program application for final approval. On
September 25, 2002, EPA published a rule approving the State's program
in the Federal Register, 67 FR 60161. That approval became effective on
September 30, 2002. Copies of Hawaii's program application may be
obtained from the Hawaii Department of Health, Solid and Hazardous
Waste Branch, 919 Ala Moana Boulevard, Suite 212, Honolulu, HI 96814.
(1) State statutes and regulations. (i) The provisions cited in
paragraph (d)(1)(i) of this section are incorporated by reference as
part of the approved underground storage tank program in accordance
with Subtitle I of RCRA, 42 U.S.C. 6991 et seq.
(A) Hawaii Statutory Requirements Applicable to the Underground
Storage Tank Program, 2001.
(B) Hawaii Regulatory Requirements Applicable to the Underground
Storage Tank Program, 2001.
(ii) EPA considered the following statutes and regulations in
evaluating the State program, but did not incorporate them by
reference.
(A) The statutory provisions include of the Hawaii Revised
Statutes:
(1) Hawaii Revised Statutes, Chapter 342L, Underground Storage
Tanks.
Section 342L-1 Definitions (insofar as ``complaint'' sets forth
enforcement authorities)
Section 342L-2 Administration
Section 342L-3 Powers; rulemaking; appointment of hearings
officers
Section 342L-7 Authority to obtain information and data,
inspect, and require and conduct activities; penalties for
disclosure
Section 342L-8 Enforcement
Section 342L-9 Emergency powers; procedures
Section 342L-10 Penalties
Section 342L-11 Administrative penalties
Section 342L-12 Injunctive relief
Section 342L-12.5 Intervention
Section 342L-13 Appeal
Section 342L-15 Public records; confidential information
Section 342L-17 Other action not barred
Section 342L-18 Enforcement by state and county authorities
Section 342L-19 Other powers of department not affected
Section 342L-20 Effect of laws, ordinances, and rules
Section 342L-21 Priority in courts
Section 342L-30 Notification requirements (insofar as paragraph
(i) of this section grants the Department authority to assess
penalties for noncompliance)
Section 342L-51 Leaking underground storage tank fund
Section 342L-52 Response to suspected or confirmed releases
(insofar as it sets forth enforcement authorities)
Section 342L-53 Cost recovery
(2) Hawaii Revised Statutes, Chapter 342D, Water Pollution.
Section 342D-8 Inspection of premises
Section 342D-9 Enforcement
Section 342D-10 Emergency powers; procedures
Section 342D-11 Injunctive relief
Section 342D-12 Appeal
Section 342D-14 Public records; confidential information;
penalties
Section 342D-30 Civil penalties
Section 342D-31 Administrative penalties
Section 342D-32 Negligent violations
Section 342D-33 Knowing violations
Section 342D-34 Knowing endangerment
Section 342D-35 False statements
Section 342D-36 Treatment of single operational upset
Section 342D-37 Responsible corporate officer as ``person''
[[Page 53745]]
Section 342D-39 Disposition of collected fines and penalties
Section 342D-52 Testing of water and aquatic and other life
(3) Hawaii Revised Statutes, Chapter 128D, Environmental Response
Law.
Section 128D-4 State response authorities; uses of fund (insofar
as it sets forth enforcement authorities for certain corrective
actions)
(B) The regulatory provisions include; Hawaii Administrative Rules,
Chapter 11-281, Underground Storage Tanks:
Section 11-281-03 Definitions (insofar as ``complaint'' sets
forth enforcement authorities; and insofar as ``field citation'' and
``force majeure'' relate to the Department's enforcement
authorities)
Section 11-281-80 Public participation for corrective action
plans (insofar as paragraph (j) of this section sets forth
enforcement authorities)
Section 11-281-121 Purpose
Section 11-281-122 Applicability
Section 11-281-123 Issuance and contents of a field citation
Section 11-281-124 Notice of citation
Section 11-281-125 Field citation order and settlement agreement
Section 11-281-126 Correcting violations; paying the settlement
amount; and signing the settlement agreement
Section 11-281-127 Method of payment
Section 11-281-128 Field citation penalty amounts for settlement
Section 11-281-131 Appendices VII and VIII (insofar as they
relate to the Department's field citation program)
(iii) The following statutory and regulatory provisions are broader
in scope than the Federal program, are not part of the approved
program, and are not incorporated by reference. These provisions are
not federally enforceable.
(A) The statutory provisions include; Hawaii Revised Statutes,
Chapter 342L, Underground Storage Tanks:
Section 342L-1 Definitions (``owner'' insofar as it includes
persons who hold indicia of ownership to protect an interest in a
tank system; ``permit'' insofar as it sets forth a permitting
program; and ``regulated substance'' insofar as it includes other
substances as designated by the Department)
Section 342L-4 Permits; procedures for (insofar as it
establishes a permitting program)
Section 342L-5 Variances allowed (insofar as variances exceed
the scope of the federal program)
Section 342L-6 Variances; procedures for (insofar as variances
exceed the scope of the federal program)
Section 342L-14 Fees (insofar as it grants the director
authority to establish fees for registering underground storage
tanks)
Section 342L-16 Non-liability of department personnel (insofar
as it was specifically not authorized in the Federal Register notice
of program approval)
Section 342L-23 Directory of underground storage tank service
providers (insofar as it was specifically not authorized in the
Federal Register notice of program approval)
Section 342L-31 Permit requirements and transfer of permit
(insofar as it requires owners and operators to obtain permits to
install or operate UST systems)
Section 342L-50 Definitions (insofar as the definition of
``owner'' defines lenders as operators and subjects such lenders to
requirements other than the corrective action requirements)
(B) The regulatory provisions include the following sections of
Hawaii Administrative Rules, Chapter 11-281, Underground Storage Tanks:
Section 11-281-03 Definitions (``farm tank'' insofar as it
regulates tanks on farms that are not used for farm or commercial
purposes; ``regulated substance'' insofar as the Department can
designate other substances; ``reportable quantity'' insofar as it
sets forth a reporting threshold of 10 lbs. for trichloropropane;
and ``underground storage tank'' insofar as its designation of farm
tanks exceeds the scope of the federal regulations)
Section 11-281-23 Permit required (insofar as it relates to the
permitting program)
Section 11-281-24 Application for a permit (insofar as
paragraphs (a), (b), (c)(3), and (c)(4) of this section relate to
the permitting program)
Section 11-281-25 Permit (insofar as paragraphs (a) and (b) of
this section relate to the permitting program)
Section 11-281-26 Permit renewals (insofar as it relates to the
permitting program)
Section 11-281-27 Action on and timely approval of an
application for a permit (insofar as it relates to the permitting
program)
Section 11-281-28 Permit conditions (insofar as it relates to
the permitting program)
Section 11-281-29 Modification of permit and notice of change
(insofar as it relates to the permitting program)
Section 11-281-30 Revocation or suspension of permit (insofar as
it relates to the permitting program)
Section 11-281-31 Change in owner or operator for a permit
(insofar as it relates to the permitting program)
Section 11-281-32 Variances allowed (insofar as variances exceed
the scope of the federal program)
Section 11-281-33 Variance applications (insofar as variances
exceed the scope of the federal program)
Section 11-281-34 Maintenance of permit or variance (insofar as
it relates to the permitting program)
Section 11-281-35 Fees (insofar as it establishes registration
fees)
Section 11-281-45 Reporting and recordkeeping (insofar as
paragraph (b)(3)of this section addresses posting of signs; and
paragraph (c)(6) of this section requires maintenance of permit
records)
Section 11-281-73 Posting of signs (insofar as there is no
analogous provision in the federal regulations)
Section 11-281-131 Appendices II, IV, V, and VI of this section
(insofar as they address permit application and transfer procedures
and variances)
(2) Statement of legal authority. (i) ``Attorney General's
Statement,'' signed by the State Attorney General on October 12, 2000,
though not incorporated by reference, is referenced as part of the
approved underground storage tank program in accordance with Subtitle I
of RCRA, 42 U.S.C. 6991 et seq.
(ii) Letter from the Attorney General of Hawaii to EPA, October 12,
2000, though not incorporated by reference, is referenced as part of
the approved underground storage tank program in accordance with
Subtitle I of RCRA, 42 U.S.C. 6991 et seq.
(3) Demonstration of procedures for adequate enforcement. The
``Demonstration of Procedures for Adequate Enforcement'' submitted as
part of the original application on May 23, 2001, though not
incorporated by reference, is referenced as part of the approved
underground storage tank program in accordance with Subtitle I of RCRA,
42 U.S.C. 6991 et seq.
(4) Program Description. The program description and any other
material submitted as part of the original application on May 23, 2001,
though not incorporated by reference, are referenced as part of the
approved underground storage tank program in accordance with Subtitle I
of RCRA, 42 U.S.C. 6991 et seq.
(5) Memorandum of Agreement. The Memorandum of Agreement between
EPA Region 9 and the Hawaii Department of Health, signed by the EPA
Regional Administrator on September 13, 2002, though not incorporated
by reference, is referenced as part of the approved underground storage
tank program in accordance with Subtitle I of RCRA, 42 U.S.C. 6991 et
seq.
0
3. Appendix A to Part 282 is amended by adding in alphabetical order
``Hawaii'' and its listing to read as follows:
Appendix A to Part 282--State Requirements Incorporated by Reference in
Part 282 of the Code of Federal Regulations
* * * * *
Hawaii
(a) The statutory provisions include:
(1) Hawaii Revised Statutes, Chapter 342L, Underground Storage
Tanks.
Section 342L-1 Definitions (except ``complaint'' insofar as it
sets forth
[[Page 53746]]
enforcement authorities; ``owner'' insofar as it includes persons
who hold indicia of ownership to protect an interest in a tank
system; ``permit'' insofar as it sets forth a permitting program;
and ``regulated substance'' insofar as it includes other substances
as designated by the Department)
Section 342L-7.5 Record maintenance
Section 342L-30 Notification requirements (except paragraph (i)
of this section insofar as it grants the Department authority to
assess penalties for noncompliance)
Section 342L-32 Standards for tanks and tank systems
Section 342L-33 Release detection
Section 342L-34 Reporting of releases
Section 342L-35 Response to suspected or confirmed releases
Section 342L-36 Financial responsibility
Section 342L-37 Underground storage tank and tank system change
in service and closure requirements
Section 342L-50 Definitions (except ``owner'' insofar as it
defines lenders as operators and subjects such lenders to
requirements other than the corrective action requirements)
(2) Hawaii Revised Statutes, Chapter 342D, Water Pollution.
Section 342D-1 Definitions
Section 342D-4 Duties; rules
Section 342D-7 Variances (Insofar as paragraph (a) of this
appendix is applicable to the underground storage tank program)
Section 342D-38 Hazardous substance defined
Section 342D-50 Prohibition
Section 342D-51 Affirmative duty to report discharges
(3) Hawaii Revised Statutes, Chapter 342E, Nonpoint Source Pollution
Management and Control.
Section 342E-1 Definitions
Section 342E-2 Nonpoint source pollution management and control
program
(b) The regulatory provisions include:
(1) Hawaii Administrative Rules, Chapter 11-281, Underground Storage
Tanks
Section 11-281-01 Applicability
Section 11-281-02 Prohibition for deferred underground storage
tanks or tank systems
Section 11-281-03 Definitions (except ``complaint'' insofar as
it sets forth enforcement authorities; ``farm tank'' insofar as it
regulates tanks on farms that are not used for farm or commercial
purposes; ``field citation'' and ``force majeure'' insofar as they
relate to the Department's enforcement authorities; ``regulated
substance'' insofar as the Department can designate other
substances; ``reportable quantity'' insofar as it sets forth a
reporting threshold of 10 lbs. for trichloropropane; and
``underground storage tank'' insofar as its designation of farm
tanks exceeds the scope of the federal regulations)
Section 11-281-11 Performance standards for underground storage
tanks and tank systems
Section 11-281-12 Tank requirements
Section 11-281-13 Piping requirements
Section 11-281-14 Spill and overfill prevention equipment
Section 11-281-15 Installation
Section 11-281-16 Certification of installation
Section 11-281-17 Secondary containment
Section 11-281-18 Upgrading of existing underground storage
tanks and tank systems
Section 11-281-21 Notification requirements for tanks brought
into use before the effective date of these rules
Section 11-281-22 Notification requirements for tanks brought
into use on or after the effective date of these rules
Section 11-281-24 Application for a permit (except insofar as
paragraphs (a), (b), (c)(3), and (c)(4) of this section relate to
the permitting program)
Section 11-281-25 Permit (except insofar as paragraphs (a) and
(b) of this section relate to the permitting program)
Section 11-281-41 Spill and overfill control
Section 11-281-42 Operation and maintenance of corrosion
protection systems
Section 11-281-43 Compatibility
Section 11-281-44 Repairs
Section 11-281-45 Reporting and recordkeeping (except paragraph
(b)(3) of this section insofar as it addresses posting of signs; and
paragraph (c)(6) insofar as it requires maintenance of permit
records)
Section 11-281-51 General requirements for all underground
storage tanks or tank systems
Section 11-281-52 Methods of release detection for tanks
Section 11-281-53 Methods of release detection for piping
Section 11-281-54 Release detection recordkeeping
Section 11-281-61 Reporting of suspected releases
Section 11-281-62 Investigation of off-site impacts
Section 11-281-63 Release investigation and confirmation steps
Section 11-281-64 Reporting and cleanup of spills and overfills
Section 11-281-71 General
Section 11-281-72 Immediate response actions
Section 11-281-74 Initial abatement measures and site assessment
Section 11-281-75 Initial site characterization
Section 11-281-76 Free product removal
Section 11-281-77 Investigation of soil and ground water
contamination
Section 11-281-78 Site cleanup criteria
Section 11-281-78.1 Notification of confirmed releases
Section 11-281-79 Corrective action plan
Section 11-281-80 Public participation for corrective action
plans [except paragraph (j) insofar as it sets forth enforcement
authorities]
Section 11-281-80.1 Reporting and recordkeeping
Section 11-281-81 Temporary closure
Section 11-281-82 Permanent closure and change-in-service
Section11-281-83 Site assessment
Section 11-281-84 Previously closed underground storage tanks or
tank systems
Section 11-281-85 Closure records
Section 11-281-91 Applicability
Section 11-281-93 Definition of terms
Section 11-281-94 Amount and scope of required financial
responsibility
Section 11-281-95 Allowable mechanisms and combinations of
mechanisms
Section 11-281-96 Financial test of self-insurance
Section 11-281-97 Guarantee
Section 11-281-98 Insurance and risk retention group
Section 11-281-99 Surety bond
Section 11-281-100 Letter of credit
Section 11-281-101 Trust fund
Section 11-281-102 Standby trust fund
Section 11-281-103 Local government bond rating test
Section 11-281-104 Local government financial test
Section 11-281-106 Local government guarantee
Section 11-281-107 Local government fund
Section 11-281-108 Substitution of financial assurance
mechanisms by owner or operator
Section 11-281-109 Cancellation or nonrenewal by a provider of
financial assurance
Section 11-281-110 Reporting by owner or operator
Section 11-281-111 Recordkeeping
Section 11-281-112 Drawing on financial assurance mechanisms
Section 11-281-113 Release from financial responsibility
Section 11-281-114 Bankruptcy or other incapacity of owner or
operator or provider of financial assurance
Section 11-281-115 Replenishment of guarantees, letters of
credit, or surety bonds
Section 11-281-131 Appendices I and III (Notification for
Underground Storage Tanks, June 1999 and Certification of
Underground Storage Tank Installation, June 1999)
(2) Hawaii Administrative Rules, Chapter 11-264, Hazardous Waste
Management: Standards for Owners and Operators of Hazardous Waste
Treatment, Storage, and Disposal Facilities, Subpart J, Tank
Systems.
Section 11-264-190 Applicability
Section 11-264-191 Assessment of existing tank system's
integrity
Section 11-264-192 Design and installation of new tank systems
or components
Section 11-264-193 Containment and detection of releases
Section 11-264-194 General operating requirements
Section 11-264-195 Inspections
Section 11-264-196 Response to leaks or spills and disposition
of leaking or unfit-for use tank systems
[[Page 53747]]
Section 11-264-197 Closure and post-closure care
Section 11-264-198 Special requirements for ignitable or
reactive wastes
Section 11-264-199 Special requirements for incompatible wastes
Section 11-264-200 Air emission standards
[FR Doc. E8-21497 Filed 9-16-08; 8:45 am]
BILLING CODE 6560-50-P
