Underground Storage Tank Program: Approved State Program for Hawaii, 53742-53747 [E8-21497]

Download as PDF 53742 Federal Register / Vol. 73, No. 181 / Wednesday, September 17, 2008 / Rules and Regulations § 180.412 Sethoxydim; tolerances for residues. (a) * * * mstockstill on PROD1PC66 with RULES Commodity Parts per million Alfalfa, forage ................. Alfalfa, hay ...................... Almond, hulls .................. Apricot ............................. Apple, wet pomace ......... Asparagus ....................... Bean, succulent .............. Beet, sugar, molasses .... Beet, sugar, tops ............ Blueberry ........................ Borage, meal .................. Borage, seed .................. Buckwheat, flour ............. Buckwheat, grain ............ Caneberry subgroup 13 A .................................. Canola, meal .................. Canola, seed .................. Cattle, fat ........................ Cattle, meat .................... Cattle, meat byproducts Cherry, sweet ................. Cherry, tart ...................... Citrus, dried pulp ............ Clover, forage ................. Clover, hay ..................... Coriander, leaves ........... Corn, field, forage ........... Corn, field, grain ............. Corn, field, stover ........... Corn, sweet, forage ........ Corn, sweet, kernel plus cob with husk removed Corn, sweet, stover ........ Cotton, undelinted seed Cowpea, forage .............. Cowpea, hay ................... Cranberry ........................ Dillweed, fresh leaves .... Egg ................................. Flax, seed ....................... Fruit, citrus, group 10 ..... Fruit, pome, group 11 ..... Goat, fat .......................... Goat, meat ...................... Goat, meat byproducts ... Grape .............................. Grape, raisin ................... Hog, fat ........................... Hog, meat ....................... Hog, meat byproducts .... Horse, fat ........................ Horse, meat .................... Horse, meat byproducts Juneberry ........................ Lingonberry ..................... Milk ................................. Nectarine ........................ Nut, tree, group 14 ......... Okra ................................ Pea and bean, dried shelled, except soybean, subgroup 6C ..... Pea, field, hay ................. Pea, field, vines .............. Pea, succulent ................ Peach .............................. Peanut ............................ Peppermint, tops ............ Pistachio ......................... VerDate Aug<31>2005 Commodity 16:59 Sep 16, 2008 40 40 2.0 0.2 0.8 4.0 15 10 3.0 4.0 10 6.0 25 19 5.0 40 35 0.2 0.2 1.0 0.2 0.2 1.5 35 55 4.0 2.0 0.5 2.5 3.0 Parts per million Potato granules/flakes .... Potato waste, processed Poultry, fat ...................... Poultry, meat .................. Poultry, meat byproducts Radish, tops .................... Rapeseed, meal ............. Rapeseed, seed ............. Safflower, seed ............... Salal ................................ Sheep, fat ....................... Sheep, meat ................... Sheep, meat byproducts Soybean, hay .................. Soybean, seed ................ Spearmint, tops .............. Strawberry ...................... Sunflower, meal .............. Sunflower, seed .............. Turnip, tops ..................... Vegetable, brassica, leafy, group 5 .............. Vegetable, bulb, group 3 Vegetable, cucurbit, group 9 ........................ Vegetable, fruiting, group 8 .................................. Vegetable, leafy, except brassica, group 4 ........ Vegetable, root and tuber, group 1 ............. * * * * 8.0 8.0 0.2 0.2 2.0 4.5 40 35 15 5.0 0.2 0.2 1.0 10 16 30 10 20 7.0 5.0 5.0 1.0 4.0 4.0 4.0 4.0 * [FR Doc. E8–21736 Filed 9–16–08; 8:45 am] BILLING CODE 6560–50–S 0.4 3.5 5.0 15 50 2.5 10 2.0 5.0 0.5 0.2 0.2 0.2 1.0 1.0 2.0 0.2 0.2 1.0 0.2 0.2 1.0 5.0 5.0 0.5 0.2 0.2 2.5 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. Jkt 214001 PO 00000 Frm 00058 Fmt 4700 Sfmt 4700 This final rule is effective November 17, 2008, unless EPA publishes a prior Federal Register notice withdrawing this immediate final rule. All comments on the codification of Hawaii’s underground storage tank program must be received by the close of business October 17, 2008. The incorporation by reference of certain publications listed in the regulations is approved by the Director of the Federal Register, as of November 17, 2008, in accordance with 5 U.S.C. 552(a). ADDRESSES: Submit your comments, identified by Docket ID No. EPA–R09– UST–2007–112, by one of the following methods: • http://www.regulations.gov: Follow the on-line instructions for submitting comments. • E-mail: amaro.laurie@epa.gov. • Fax: (415) 947–3530. • Mail: Laurie Amaro, U.S. EPA Region 9, 75 Hawthorne Street, (Mail Code: WST–8), San Francisco, CA 94105. • Hand Delivery: Laurie Amaro, Waste Management Division, U.S. EPA Region 9, 75 Hawthorne Street, San Francisco, CA 94105. Such deliveries are only accepted during EPA’s normal hours of operation and should be made to the EPA receptionist office on the first floor. Instructions: Direct your comments to Docket ID No. EPA–R09–UST–2007– 112. EPA’s policy is that all comments received will be included in the public docket without change and may be made available online at http:// www.regulations.gov including any personal information provided, unless the comment includes information claimed to be Confidential Business Information (CBI) or other information whose disclosure is restricted by statue. Do not submit information that you consider to be CBI or otherwise protected through http:// www.regulations.gov or e-mail. The http://www.regulations.gov Web site is an ‘‘anonymous access’’ system, which means WPA will not know your identity or contact information unless you provide it in the body of your comment. If you send an e-mail comment directly to EPA without going through http:// www.regulations.gov your e-mail address will be automatically captured and included as part of the comment that is placed in the public docket and made available on the Internet. If you submit an electronic comment, EPA recommends that you include your name and other contact information in the body of your comment and with any disk or CD–ROM you submit. If EPA cannot read your comment due to DATES: E:\FR\FM\17SER1.SGM 17SER1 Federal Register / Vol. 73, No. 181 / Wednesday, September 17, 2008 / Rules and Regulations technical difficulties and cannot contact you for clarification, EPA may not be able to consider your comment. Electronic files should avoid the use of special characters, any form of encryption, and be free of any defects or viruses. Docket: All documents in the docket are listed in the http:// www.regulations.gov index. Although listed in the index, some information is not publicly available, e.g., CBI or other information whose disclosure is restricted by statute. Certain other materials, such as copyrighted material, will be publicly available only in hard copy. Publicly available docket materials are available either electronically through http:// www.regulations.gov or in hard copy at the EPA Region 9 Environmental Information Center Library, 13th Floor, 75 Hawthorne Street, San Francisco, CA 94706; Business hours: 9 a.m. to noon and 1 p.m. to 4 p.m., Monday– Thursday. Phone Number: (415) 947– 4406; e-mail address: libraryregion9@epa.gov. You may also view and copy Hawaii’s underground storage tank statute and regulations at: Hawaii Department of Health, Solid and Hazardous Waste Branch, 919 Ala Moana Blvd., Room 212, Honolulu, Hawaii 96814–4920. Call (808) 586–4226 in advance to make an appointment. FOR FURTHER INFORMATION CONTACT: Laurie Amaro, U.S. EPA Region 9, 75 Hawthorne Street, (Mail Code: WST–8), San Francisco, CA 94105. Phone Number: (415) 972–3364; e-mail address: amaro.laurie@epa.gov. SUPPLEMENTARY INFORMATION: mstockstill on PROD1PC66 with RULES 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 VerDate Aug<31>2005 16:59 Sep 16, 2008 Jkt 214001 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 PO 00000 Frm 00059 Fmt 4700 Sfmt 4700 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 E:\FR\FM\17SER1.SGM 17SER1 53744 Federal Register / Vol. 73, No. 181 / Wednesday, September 17, 2008 / Rules and Regulations to this rule because it will not have tribal implications (i.e., substantial direct effects on one or more Indian tribes, on the relationship between the Federal Government and Indian tribes, or on the distribution of power and responsibilities between the Federal Government and Indian tribes). 7. Executive Order 13045: Protection of Children from Environmental Health & Safety Risks—This rule is not subject to EO 13045 because it is not economically significant and it is not based on health or safety risks. 8. Executive Order 13211: Actions that Significantly Affect Energy Supply, Distribution, or Use— This rule is not subject to EO 13211 because it is not a significant regulatory action as defined in EO 12866. 9. National Technology Transfer and Advancement Act—EPA has previously addressed the non-applicability of the National Technology Transfer and Advancement Act in its final approval of this state program. See 67 FR 60161 for final approval of state program. Section 12(d) of the National Technology Transfer and Advancement Act does not apply to this action. 10. Congressional Review Act—EPA will submit a report containing this rule and other information required by the Congressional Review Act (5 U.S.C. 801 et seq.) to the U.S. Senate, the U.S. House of Representatives, and the Comptroller General of the United States prior to publication in the Federal Register. A major rule cannot take effect until 60 days after it is published in the Federal Register. This action is not a ‘‘major rule’’ as defined by 5 U.S.C. 804(2). Nevertheless, to allow time for public comment, this action will be effective on November 17, 2008. List of Subjects in 40 CFR Part 282 Environmental protection, Hazardous substances, Incorporation by reference, Intergovernmental relations, State program approval, Underground storage tanks, Water pollution control. Dated: September 5, 2008. Jane Diamond, Acting Regional Administrator, EPA Region 9. For the reasons set forth in the preamble, 40 CFR part 282 is amended as follows: mstockstill on PROD1PC66 with RULES ■ 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. VerDate Aug<31>2005 16:59 Sep 16, 2008 Jkt 214001 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. PO 00000 Frm 00060 Fmt 4700 Sfmt 4700 (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’’ E:\FR\FM\17SER1.SGM 17SER1 Federal Register / Vol. 73, No. 181 / Wednesday, September 17, 2008 / Rules and Regulations 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) mstockstill on PROD1PC66 with RULES (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) VerDate Aug<31>2005 16:59 Sep 16, 2008 Jkt 214001 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) PO 00000 Frm 00061 Fmt 4700 Sfmt 4700 53745 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 E:\FR\FM\17SER1.SGM 17SER1 53746 Federal Register / Vol. 73, No. 181 / Wednesday, September 17, 2008 / Rules and Regulations enforcement authorities; ‘‘owner’’ insofar as it includes persons who hold indicia of ownership to protect an interest in a tank system; ‘‘permit’’ insofar as it sets forth a permitting program; and ‘‘regulated substance’’ insofar as it includes other substances as designated by the Department) Section 342L–7.5 Record maintenance Section 342L–30 Notification requirements (except paragraph (i) of this section insofar as it grants the Department authority to assess penalties for noncompliance) Section 342L–32 Standards for tanks and tank systems Section 342L–33 Release detection Section 342L–34 Reporting of releases Section 342L–35 Response to suspected or confirmed releases Section 342L–36 Financial responsibility Section 342L–37 Underground storage tank and tank system change in service and closure requirements Section 342L–50 Definitions (except ‘‘owner’’ insofar as it defines lenders as operators and subjects such lenders to requirements other than the corrective action requirements) (2) Hawaii Revised Statutes, Chapter 342D, Water Pollution. Section 342D–1 Definitions Section 342D–4 Duties; rules Section 342D–7 Variances (Insofar as paragraph (a) of this appendix is applicable to the underground storage tank program) Section 342D–38 Hazardous substance defined Section 342D–50 Prohibition Section 342D–51 Affirmative duty to report discharges (3) Hawaii Revised Statutes, Chapter 342E, Nonpoint Source Pollution Management and Control. Section 342E–1 Definitions Section 342E–2 Nonpoint source pollution management and control program 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 VerDate Aug<31>2005 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 PO 00000 Frm 00062 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 E:\FR\FM\17SER1.SGM 17SER1 Federal Register / Vol. 73, No. 181 / Wednesday, September 17, 2008 / Rules and Regulations 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, VerDate Aug<31>2005 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 PO 00000 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: ■ E:\FR\FM\17SER1.SGM 17SER1

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]


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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

AGENCY: Environmental Protection Agency (EPA).

ACTION: Immediate final rule.

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

SUMMARY: The Resource Conservation and Recovery Act of 1976, as amended 
(RCRA), authorizes EPA to grant approval to States to operate their 
underground storage tank programs in lieu of the Federal program. This 
action codifies EPA's decision to approve State programs and 
incorporates by reference those provisions of the State statutes and 
regulations that will be subject to EPA's inspection and enforcement 
authorities in accordance with sections 9005 and 9006 of RCRA Subtitle 
I and other applicable statutory and regulatory provisions. This rule 
codifies the prior approval of the State of Hawaii's underground 
storage tank program and incorporates by reference appropriate 
provisions of State statutes and regulations.

DATES: This final rule is effective November 17, 2008, unless EPA 
publishes a prior Federal Register notice withdrawing this immediate 
final rule. All comments on the codification of Hawaii's underground 
storage tank program must be received by the close of business October 
17, 2008. The incorporation by reference of certain publications listed 
in the regulations is approved by the Director of the Federal Register, 
as of November 17, 2008, in accordance with 5 U.S.C. 552(a).

ADDRESSES: Submit your comments, identified by Docket ID No. EPA-R09-
UST-2007-112, by one of the following methods:
     http://www.regulations.gov: Follow the on-line 
instructions for submitting comments.
     E-mail: amaro.laurie@epa.gov.
     Fax: (415) 947-3530.
     Mail: Laurie Amaro, U.S. EPA Region 9, 75 Hawthorne 
Street, (Mail Code: WST-8), San Francisco, CA 94105.
     Hand Delivery: Laurie Amaro, Waste Management Division, 
U.S. EPA Region 9, 75 Hawthorne Street, San Francisco, CA 94105. Such 
deliveries are only accepted during EPA's normal hours of operation and 
should be made to the EPA receptionist office on the first floor.
    Instructions: Direct your comments to Docket ID No. EPA-R09-UST-
2007-112. EPA's policy is that all comments received will be included 
in the public docket without change and may be made available online at 
http://www.regulations.gov including any personal information provided, 
unless the comment includes information claimed to be Confidential 
Business Information (CBI) or other information whose disclosure is 
restricted by statue. Do not submit information that you consider to be 
CBI or otherwise protected through http://www.regulations.gov or e-
mail. The http://www.regulations.gov Web site is an ``anonymous 
access'' system, which means WPA will not know your identity or contact 
information unless you provide it in the body of your comment. If you 
send an e-mail comment directly to EPA without going through http://
www.regulations.gov your e-mail address will be automatically captured 
and included as part of the comment that is placed in the public docket 
and made available on the Internet. If you submit an electronic 
comment, EPA recommends that you include your name and other contact 
information in the body of your comment and with any disk or CD-ROM you 
submit. If EPA cannot read your comment due to

[[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 http://
www.regulations.gov index. Although listed in the index, some 
information is not publicly available, e.g., CBI or other information 
whose disclosure is restricted by statute. Certain other materials, 
such as copyrighted material, will be publicly available only in hard 
copy. Publicly available docket materials are available either 
electronically through http://www.regulations.gov or in hard copy at 
the EPA Region 9 Environmental Information Center Library, 13th Floor, 
75 Hawthorne Street, San Francisco, CA 94706; Business hours: 9 a.m. to 
noon and 1 p.m. to 4 p.m., Monday-Thursday. Phone Number: (415) 947-
4406; e-mail address: 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