Oregon: Tentative Approval of State Underground Storage Tank Program, 11404-11407 [2011-4640]

Download as PDF 11404 Federal Register / Vol. 76, No. 41 / Wednesday, March 2, 2011 / Proposed Rules (3) Asks us to waive collection of the overpayment under section 204(b) of the Act. * * * * * PART 416—SUPPLEMENTAL SECURITY INCOME FOR THE AGED, BLIND, AND DISABLED PART 408—SPECIAL BENEFITS FOR CERTAIN WORLD WAR II VETERANS 7. The authority citation for subpart E of part 416 is continues to read as follows: Subpart I—[Amended] 4. The authority citation for subpart I of part 408 is revised to read as follows: Authority: Secs. 702(a)(5), 808, and 1147 of the Social Security Act (42 U.S.C. 902(a)(5), 1008, and 1320b–17); 31 U.S.C. 3716, 3720A. 5. Amend § 408.940(b) by revising the third sentence to read as follows: § 408.940 When will we refer an SVB overpayment to the Department of the Treasury for tax refund offset? * * * * * (b) * * * We refer overpayments to the Department of the Treasury for offset against Federal tax refunds regardless of the amount of time the debts have been outstanding. 6. Amend § 408.941 by revising the introductory text, and paragraphs (a) and (b) to read as follows: emcdonald on DSK2BSOYB1PROD with PROPOSALS § 408.941 Will we notify you before we refer an SVB overpayment for tax refund offset? Before we request that an overpayment be collected by reduction of Federal and State income tax refunds, we will send a written notice of our action to the overpaid person. In our notice of intent to collect an overpayment through tax refund offset, we will state: (a) The amount of the overpayment; and (b) That we will collect the overpayment by requesting that the Department of the Treasury reduce any amounts payable to the overpaid person as refunds of Federal and State income taxes by an amount equal to the amount of the overpayment unless, within 60 calendar days from the date of our notice, the overpaid person: (1) Repays the overpayment in full; (2) Sends evidence to us at the address given in our notice that (i) The overpayment is not past due; or (ii) The overpayment is not legally enforceable, or (3) Asks us to waive collection of the overpayment under section 204(b) of the Act. * * * * * VerDate Mar<15>2010 16:22 Mar 01, 2011 Jkt 223001 Subpart E—[Amended] Authority: Secs. 702(a)(5), 1147, 1601, 1602, 1611(c) and (e), and 1631(a)–(d) and (g) of the Social Security Act (42 U.S.C. 902(a)(5), 1320b–17, 1381, 1381a, 1382(c) and (e), and 1383(a)–(d) and (g)); 31 U.S.C. 3716; 31 U.S.C. 3720A. 8. Amend § 416.580(b) by removing the word ‘‘individuals’’ in the second sentence and adding in its place ‘‘persons’’ and by revising the last sentence to read as follows: PART 422—ORGANIZATION AND PROCEDURES Subpart D—[Amended] 10. The authority citation for subpart D of part 422 continues to read as follows: Authority: Secs. 204(f), 205(a), 702(a)(5), and 1631(b) of the Social Security Act (42 U.S.C. 404(f), 405(a), 902(a)(5), and 1383(b)); 5 U.S.C. 5514; 31 U.S.C. 3711(e); 31 U.S.C. 3716. 11. Amend § 422.310 by revising paragraphs (a)(1) and (b) to read as follows: § 422.310 Collection of overdue debts by administrative offset. (a) Referral to the Department of the Treasury for offset. (1) We recover § 416.580 Referral of overpayments to the overdue debts by offsetting Federal and Department of the Treasury for tax refund State payments due the debtor through offset—General. the Treasury Offset Program (TOP). TOP * * * * * is a Government-wide delinquent debt (b) * * * We refer overpayments to matching and payment offset process the Department of the Treasury for offset operated by the Department of the against Federal tax refunds regardless of Treasury, whereby debts owed to the the amount of time the debts have been Federal Government are collected by outstanding. offsetting them against Federal and State 9. Amend § 416.581 by revising the payments owed the debtor. Federal section heading, the introductory text, payments owed the debtor include and paragraphs (a) and (b), and in current ‘‘disposable pay,’’ defined in 5 paragraph (e) by removing the word CFR 550.1103, owed by the Federal ‘‘individual’’ in two places and adding in Government to a debtor who is an its place ‘‘person’’. employee of the Federal Government. Deducting from such disposable pay to § 416.581 Notice to overpaid person. collect an overdue debt owed by the We will make a request for collection employee is called ‘‘Federal salary by reduction of Federal and State offset’’ in this subpart. income tax refunds only after we * * * * * determine that a person owes an (b) Debts we refer. We refer for overpayment that is past due and administrative offset all qualifying debts provide the overpaid person with that meet or exceed the threshold written notice. Our notice of intent to amounts used by the Department of the collect an overpayment through tax Treasury for collection from State and refund offset will state: Federal payments, including Federal (a) The amount of the overpayment; salaries. and * * * * (b) That we will seek collection of the * [FR Doc. 2011–4586 Filed 3–1–11; 8:45 am] overpayment by requesting that the BILLING CODE 4191–02–P Department of the Treasury reduce any amounts payable to the overpaid person as refunds of Federal and State income taxes by an amount equal to the amount ENVIRONMENTAL PROTECTION AGENCY of the overpayment unless, within 60 calendar days from the date of our 40 CFR Part 281 notice, the overpaid person: (1) Repays the overpayment in full; [EPA–R10–UST–2011–0097; FRL–9274–8] (2) Sends evidence to us at the Oregon: Tentative Approval of State address given in our notice that Underground Storage Tank Program (i) The overpayment is not past due; or AGENCY: Environmental Protection (ii) The overpayment is not legally Agency (EPA). enforceable; or ACTION: Proposed rule. (3) Asks us to waive collection of the overpayment under section 204(b) of the SUMMARY: The State of Oregon has Act. applied for final approval of its * * * * * Underground Storage Tank (UST) PO 00000 Frm 00010 Fmt 4702 Sfmt 4702 E:\FR\FM\02MRP1.SGM 02MRP1 emcdonald on DSK2BSOYB1PROD with PROPOSALS Federal Register / Vol. 76, No. 41 / Wednesday, March 2, 2011 / Proposed Rules Program under Subtitle I of the Resource Conservation and Recovery Act (RCRA). EPA has reviewed Oregon’s application and made the tentative decision that the State’s UST program satisfies all requirements necessary to qualify for final approval. Today’s Federal Register notice solicits comments on the proposed rule. DATES: Comments and/or request for a public hearing on this determination must be received on or before April 1, 2011. A public hearing will be held on April 13, 2011 from 9 a.m.–12 p.m. at the United States Environmental Protection Agency, 805 SW. Broadway, Suite 500, Portland, Oregon 97205, unless insufficient public interest is expressed in holding a hearing. EPA reserves the right to cancel the public hearing if sufficient public interest in a hearing is not communicated to EPA in writing by April 1, 2011. EPA will determine by April 11, 2011, whether there is sufficient interest to warrant a public hearing. The State of Oregon will be invited to participate in any public hearing held by EPA on this subject. Please see SUPPLEMENTARY INFORMATION, Item C, for details. ADDRESSES: Submit your comments, identified by Docket ID No. EPA–R10– UST–2011–0097, by one of the following methods: • https://www.regulations.gov. Follow the online instructions for submitting comments. • E-mail: griffith.katherine@epa.gov. • Mail: Katherine Griffith, U.S. Environmental Protection Agency, Region 10, 1200 Sixth Avenue, Suite 900, Mail Stop: OCE–082, Seattle, WA 98101. Instructions: Direct your comments to Docket ID No. EPA–R10–UST–2011– 0097. 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 statute. Do not submit information that you consider to be CBI or otherwise protected through https:// www.regulations.gov or e-mail. The https://www.regulations.gov Web site is an ‘‘anonymous access’’ system, which means EPA will not know your identify 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 VerDate Mar<15>2010 16:22 Mar 01, 2011 Jkt 223001 and included as part of the comment that is placed in the public docket and made available on the Internet. If you submit an electronic comment, EPA recommends that you include your name and other contact information in the body of your comment and with any disk or CD–ROM you submit. If EPA cannot read your comment due to technical difficulties and cannot contact you for clarification, EPA may not be able to consider your comment. Electronic files should avoid the use of special characters or any form of encryption, and be free of any defects or viruses. For additional information about EPA’s public docket, visit the EPA Docket Center homepage at https:// www.epa.gov/epahome/dockets.htm. 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 material, such as copyrighted material, will be publicly available only in hard copy. Publicly available docket materials are available either electronically in https:// www.regulations.gov or in hard copy. Please see SUPPLEMENTARY INFORMATION, Item D, for details on the location of the documents in hard copy form. FOR FURTHER INFORMATION CONTACT: Katherine Griffith, U.S. Environmental Protection Agency, Region 10, 1200 Sixth Avenue, Suite 900, Mail Stop: OCE–082, Seattle, WA 98101, phone number: (206) 553–2901, e-mail: griffith.katherine@epa.gov. SUPPLEMENTARY INFORMATION: A. Background Section 9004 of RCRA enables EPA to approve implementation of State UST programs in lieu of the Federal UST program. Approval is granted when it has been determined that the State program: (1) Is no less stringent than the overall Federal program and includes the notification requirements of Section 9004(a)(8), 42 U.S.C. 6991c(a)(8), and (2) provides for adequate enforcement of compliance with UST standards of Section 9004(a), 42 U.S.C. 6991c(a). B. State of Oregon The Oregon Department of Environmental Quality (ODEQ) is the lead implementing agency for the UST program in Oregon. ODEQ has broad statutory authority to regulate UST releases under Oregon Revised Statutes, Chapter 183, Administrative Procedures Act, Section 310–750; Chapter 465, PO 00000 Frm 00011 Fmt 4702 Sfmt 4702 11405 Hazardous Waste and Hazardous Materials I (Removal or Remedial Action); Chapter 466, Hazardous Waste and Hazardous Materials II (Oil Storage Tanks); and Chapter 468, Environmental Quality Generally (Enforcement and Audit Privilege). Specific authority to regulate the installation, operation, maintenance, and closure of USTs is found under ODEQ Administrative Rules Chapter 340, Divisions 11, 12, 122, 150, 151, 160, 162, and 163. Oregon is not authorized to carry out its UST program in Indian Country. This includes all lands within the exterior boundaries of the Grande Ronde, Klamath, Siletz, Umatilla and Warm Springs Reservations; any land held in trust by the United States for an Indian tribe, and any other lands that are Indian Country within the meaning of 18 U.S.C. 1151. C. Requesting a Hearing Any request for a public hearing shall include: (1) The name, address, and telephone number of the individual, organization, or other entity requesting a hearing, (2) a brief statement of the requester’s interest in the Regional Administrator’s determination and of information that he/she intends to submit at such hearing, (3) the signature of the requester or responsible official, if made on behalf of an organization or other entity, and (4) the associated Docket ID Number. It is EPA’s policy to make reasonable accommodation to persons with disabilities wishing to participate in the Agency’s programs and activities, pursuant to the Rehabilitation Act of 1973, 29 U.S.C. 791, et seq. Any request for accommodation should be made to Katherine Griffith, (206) 553–2901, preferably a minimum of two weeks in advance of the public hearing date, so that EPA will have sufficient time to process the request. Frivolous or insubstantial requests for a hearing may be denied by the RA. However, if a substantial request is made within thirty (30) days after this notice, a public hearing will be held. Please bring this notice to the attention of any persons known by you to have an interest in this determination. D. Location of Documents All documents that are in the electronic docket are also available in hard copy during normal business hours at the following locations: 1. U.S. Environmental Protection Agency, Library, Region 10, 1200 Sixth Avenue, Suite 900, Seattle, WA 98101 from 9 a.m. to 12 p.m. and 1 p.m. to 4 p.m. E:\FR\FM\02MRP1.SGM 02MRP1 11406 Federal Register / Vol. 76, No. 41 / Wednesday, March 2, 2011 / Proposed Rules 2. Oregon Department of Environmental Quality, 811 SW. Sixth Avenue, Portland, OR 97204 from 10 a.m. to 12 p.m. and 1 p.m. to 4 p.m. 3. Oregon Department of Environmental Quality, 2146 NE. 4th, Suite 104, Bend, OR 97701 from 10 a.m. to 12 p.m. and 1 p.m. to 4 p.m. 4. Oregon Department of Environmental Quality, 700 SE. Emigrant, Suite 330, Pendleton, OR 97801 from 10 a.m. to 12 p.m. and 1 p.m. to 4 p.m.; and 5. Oregon Department of Environmental Quality, 221 Stewart Ave, Suite 201, Medford, OR 97501 from 10 a.m. to 12 p.m. and 1 p.m. to 4 p.m. E. Statutory and Executive Order (EO) Review This proposed rule only applies to Oregon’s UST Program requirements pursuant to RCRA Section 9004 and imposes no requirements other than those imposed by State law. It complies with applicable EOs and statutory provisions as follows: emcdonald on DSK2BSOYB1PROD with PROPOSALS 1. Executive Order 12866 The Office of Management and Budget (OMB) has exempted this rule from its review under Executive Order 12866. 2. Paperwork Reduction Act This proposed action does not impose an information collection burden under the provisions of the Paperwork Reduction Act, 44 U.S.C. 3501 et seq., because this proposed rule does not establish or modify any information or recordkeeping requirements for the regulated community and only seeks to authorize the pre-existing requirements under State law and imposes no additional requirements beyond those imposed by State law. Burden means the total time, effort, or financial resources expended by persons to generate, maintain, retain, or disclose or provide information to or for a Federal agency. This includes the time needed to review instructions; develop, acquire, install, and utilize technology and systems for the purposes of collecting, validating, and verifying information, processing, and maintaining information, and disclosing and providing information; adjust the existing ways to comply with any previously applicable instructions and requirements; train personnel to be able to respond to a collection of information; search data sources; complete and review the collection of information; and transmit or otherwise disclose the information. An Agency may not conduct or sponsor, and a person is not required to respond to, a VerDate Mar<15>2010 16:22 Mar 01, 2011 Jkt 223001 collection of information unless it displays a currently valid OMB control number. The OMB control numbers for EPA’s regulations in title 40 of the CFR are listed in 40 CFR part 9. 3. Regulatory Flexibility Act The Regulatory Flexibility Act (RFA) generally requires Federal agencies to prepare a regulatory flexibility analysis of any rule subject to notice and comment rulemaking requirements under the Administrative Procedure Act or any other statute unless the agency certifies that the rule will not have a significant economic impact on a substantial number of small entities. Small entities include small businesses, small organizations, and small governmental jurisdictions. For purposes of assessing the impacts of today’s proposed rule on small entities, small entity is defined as: (1) A small business defined by the Small Business Administration’s size regulations at 13 CFR 121.201; (2) a small governmental jurisdiction that is a government of a city, county, town, school district, or special district with a population of less than 50,000; and (3) a small organization that is any not-for-profit enterprise which is independently owned and operated and is not dominant in its field. I certify that this proposed rule will not have a significant economic impact on a substantial number of small entities because the proposed rule will only have the effect of authorizing pre-existing requirements under State law and imposes no additional requirements beyond those imposed by State law. EPA continues to be interested in the potential impacts of the proposed rule on small entities and welcomes comments on issues related to such impacts. 4. Unfunded Mandates Reform Act This proposed rule does not have any impacts as described in the 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 mandates or significantly or uniquely affects small governments. 5. Executive Order 13132: Federalism This proposed rule does not have Federalism implications. It will not have substantial direct effects on the States, on the relationship between the national government and the States, or on the distribution of power and responsibilities among various levels of government, as specified in Executive Order 13132 (64 FR 43255, August 10, PO 00000 Frm 00012 Fmt 4702 Sfmt 4702 1999). This rule proposes to authorize pre-existing State rules. Thus, Executive Order 13132 does not apply to this proposed rule. In the spirit of Executive Order 13132, and consistent with EPA policy to promote communications between EPA and State and local governments, EPA specifically solicits comment on this proposed rule from State and local officials. 6. Executive Order 13175: Consultation and Coordination With Indian Tribal Governments Executive Order 13175, entitled ‘‘Consultation and Coordination with Indian Tribal Governments’’ (59 FR 22951, November 9, 2000), requires EPA to develop an accountable process to ensure ‘‘meaningful and timely input by tribal officials in the development of regulatory policies that have tribal implications.’’ This proposed rule does not have tribal implications, as specified in Executive Order 13175 because EPA retains its authority over Indian Country. Thus, Executive Order 13175 does not apply to this proposed rule. EPA specifically solicits additional comment on this proposed rule from tribal officials. 7. Executive Order 13045: Protection of Children From Environmental Health and Safety Risks EPA interprets Executive Order 13045 (62 FR 19885, April 23, 1997) as applying only to those regulatory actions that concern health or safety risks, such that the analysis required under section 5–501 of the Executive Order has the potential to influence the regulation. This action is not subject to Executive Order 13045 because it proposes to approve a state program. 8. Executive Order 13211: Actions That Significantly Affect Energy Supply, Distribution, or Use This proposed rule is not subject to Executive Order 13211, ‘‘Actions Concerning Regulations that Significantly Affect Energy Supply, Distribution, or Use’’ (66 FR 28355, May 22, 2001) because it is not a ‘‘significant regulatory action’’ as defined under Executive Order 12866. 9. National Technology Transfer and Advancement Act Section 12(d) of the National Technology Transfer and Advancement Act of 1995 (‘‘NTTAA’’), Public Law 104–113, section 12(d) (15 U.S.C. 272), directs EPA to use voluntary consensus standards in its regulatory activities unless to do so would be inconsistent with applicable law or otherwise impractical. Voluntary consensus E:\FR\FM\02MRP1.SGM 02MRP1 Federal Register / Vol. 76, No. 41 / Wednesday, March 2, 2011 / Proposed Rules standards are technical standards (e.g., materials specifications, test methods, sampling procedures, and business practices) that are developed or adopted by voluntary consensus bodies. The NTTAA directs EPA to provide Congress, through OMB, explanations when the Agency decides not to use available and applicable voluntary consensus standards. This proposed rulemaking does not involve technical standards. Therefore, EPA is not considering the use of any voluntary consensus standards. 10. Executive Order 12898: Federal Actions To Address Environmental Justice in Minority Populations and Low Income Populations Executive Order 12898 (59 FR 7629, February 16, 1994) establishes Federal executive policy on environmental justice. Its main provision directs Federal agencies, to the greatest extent practicable and permitted by law, to make environmental justice part of their mission by identifying and addressing, as appropriate, disproportionately high and adverse human health or environmental effects of their programs, policies, and activities on minority populations and low-income populations in the United States. EPA has determined that this proposed rule will not have disproportionately high and adverse human health or environmental effects on minority or low-income populations. This proposed rule does not affect the level of protection provided to human health or the environment because this rule proposes to authorize pre-existing State rules which are no less stringent than existing Federal requirements. List of Subjects in 40 CFR Part 281 Environmental protection, Administrative practice and procedure, Hazardous materials, Intergovernmental relations, Reporting and recordkeeping requirements. emcdonald on DSK2BSOYB1PROD with PROPOSALS Authority: This notice is issued under the authority of Sections 2002(a), 7004(b), and 9004 of the Solid Waste Disposal Act, as amended, 42 U.S.C. 6912(a), 6974(b), and 6991c. Dated: February 23, 2011. Michelle L. Pirzadeh, Acting Regional Administrator, Region 10. [FR Doc. 2011–4640 Filed 3–1–11; 8:45 am] BILLING CODE 6560–50–P VerDate Mar<15>2010 16:22 Mar 01, 2011 Jkt 223001 FEDERAL COMMUNICATIONS COMMISSION 47 CFR Parts 51, 53, 63, 64 [CC Docket Nos. 95–20, 98–10, WC Docket No. 10–132; FCC 11–15] Review of Wireline Competition Bureau Data Practices, Computer III Further Remand Proceedings: Bell Operating Company Provision of Enhanced Services Federal Communications Commission. ACTION: Notice of proposed rulemaking. AGENCY: In this document, the Commission proposes the removal of the narrowband comparably efficient interconnection (CEI) and open network architecture (ONA) reporting requirements that currently apply to the Bell Operating Companies (BOCs) due to a lack of continuing relevance and utility. The Notice of Proposed Rulemaking continues the Commission’s examination of its data practices through the Data Innovation Initiative, including identification of data collections that can be eliminated without reducing the effectiveness of the Commission’s decision-making process. SUMMARY: Comments are due on or before April 1, 2011 and reply comments are due on or before April 18, 2011. Written comments on the Paperwork Reduction Act proposed or modified information collection requirements must be submitted by the public, Office of Management and Budget (OMB), and other interested parties on or before May 2, 2011. ADDRESSES: You may submit comments, identified by WC Docket No.10–132, by any of the following methods: • Federal eRulemaking Portal: https:// www.regulations.gov. Follow the instructions for submitting comments. • Federal Communications Commission’s Web site: https:// fjallfoss.fcc.gov/ecfs2/. Follow the instructions for submitting comments. • People with Disabilities: Contact the FCC to request reasonable accommodations (accessible format documents, sign language interpreters, CART, etc.) by e-mail: FCC504@fcc.gov or phone: (202) 418–0530 or TTY: (202) 418–0432. For detailed instructions for submitting comments and additional information on the rulemaking process, see the SUPPLEMENTARY INFORMATION section of this document. In addition to filing comments with the Secretary, a copy of any comments DATES: PO 00000 Frm 00013 Fmt 4702 Sfmt 4702 11407 on the Paperwork Reduction Act information collection requirements contained herein should be submitted to the Federal Communications Commission via e-mail to PRA@fcc.gov and to Nicholas A. Fraser, Office of Management and Budget, via e-mail to Nicholas_A._Fraser@omb.eop.gov or via fax at 202–395–5167. FOR FURTHER INFORMATION CONTACT: Jeremy Miller at (202) 418–1507, Wireline Competition Bureau, Industry Analysis and Technology Division. For additional information concerning the Paperwork Reduction Act information collection requirements contained in this document, send an e-mail to PRA@fcc.gov or contact Judith Boley Herman at 202–418–0214. SUPPLEMENTARY INFORMATION: This is a synopsis of the Commission’s Notice of Proposed Rulemaking (NPRM) in CC Docket Nos. 95–20, 98–10 and WC Docket No. 10–132, adopted and released on February 8, 2011. The complete text of this document is available for inspection and copying during normal business hours in the FCC Reference Information Center, Portals II, 445 12th Street, SW., Room CY–A257, Washington, DC 20554. The document may also be purchased from the Commission’s duplicating contractor, Best Copy and Printing, Inc., 445 12th Street, SW., Room CY–B402, Washington, DC 20554, telephone (800) 378–3160 or (202) 863–2893, facsimile (202) 863–2898, or via the Internet at https://www.bcpiweb.com. It is also available on the Commission’s Web site at https://www.fcc.gov. Comments and reply comments must include a short and concise summary of the substantive arguments raised in the pleading. Comments and reply comments must also comply with Section 1.49 and all other applicable Sections of the Commission’s rules. We direct all interested parties to include the name of the filing party and the date of the filing on each page of their comments and reply comments. All parties are encouraged to utilize a table of contents, regardless of the length of their submission. We also strongly encourage parties to track the organization set forth in the NPRM in order to facilitate our internal review process. Initial Paperwork Reduction Act of 1995 Analysis This document proposes to eliminate the remaining narrowband BOC-specific CEI and ONA reporting requirements, and seeks comment on this proposal. Subsequent reporting requirements related to the NPRM are not likely, and E:\FR\FM\02MRP1.SGM 02MRP1

Agencies

[Federal Register Volume 76, Number 41 (Wednesday, March 2, 2011)]
[Proposed Rules]
[Pages 11404-11407]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2011-4640]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 281

[EPA-R10-UST-2011-0097; FRL-9274-8]


Oregon: Tentative Approval of State Underground Storage Tank 
Program

AGENCY: Environmental Protection Agency (EPA).

ACTION: Proposed rule.

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

SUMMARY: The State of Oregon has applied for final approval of its 
Underground Storage Tank (UST)

[[Page 11405]]

Program under Subtitle I of the Resource Conservation and Recovery Act 
(RCRA). EPA has reviewed Oregon's application and made the tentative 
decision that the State's UST program satisfies all requirements 
necessary to qualify for final approval. Today's Federal Register 
notice solicits comments on the proposed rule.

DATES: Comments and/or request for a public hearing on this 
determination must be received on or before April 1, 2011. A public 
hearing will be held on April 13, 2011 from 9 a.m.-12 p.m. at the 
United States Environmental Protection Agency, 805 SW. Broadway, Suite 
500, Portland, Oregon 97205, unless insufficient public interest is 
expressed in holding a hearing. EPA reserves the right to cancel the 
public hearing if sufficient public interest in a hearing is not 
communicated to EPA in writing by April 1, 2011. EPA will determine by 
April 11, 2011, whether there is sufficient interest to warrant a 
public hearing. The State of Oregon will be invited to participate in 
any public hearing held by EPA on this subject. Please see 
SUPPLEMENTARY INFORMATION, Item C, for details.

ADDRESSES: Submit your comments, identified by Docket ID No. EPA-R10-
UST-2011-0097, by one of the following methods:
     https://www.regulations.gov. Follow the online instructions 
for submitting comments.
     E-mail: griffith.katherine@epa.gov.
     Mail: Katherine Griffith, U.S. Environmental Protection 
Agency, Region 10, 1200 Sixth Avenue, Suite 900, Mail Stop: OCE-082, 
Seattle, WA 98101.
    Instructions: Direct your comments to Docket ID No. EPA-R10-UST-
2011-0097. 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 statute. Do not submit information that you 
consider to be CBI or otherwise protected through https://www.regulations.gov or e-mail. The https://www.regulations.gov Web site 
is an ``anonymous access'' system, which means EPA will not know your 
identify or contact information unless you provide it in the body of 
your comment. If you send an e-mail comment directly to EPA without 
going through https://www.regulations.gov, your e-mail address will be 
automatically captured and included as part of the comment that is 
placed in the public docket and made available on the Internet. If you 
submit an electronic comment, EPA recommends that you include your name 
and other contact information in the body of your comment and with any 
disk or CD-ROM you submit. If EPA cannot read your comment due to 
technical difficulties and cannot contact you for clarification, EPA 
may not be able to consider your comment. Electronic files should avoid 
the use of special characters or any form of encryption, and be free of 
any defects or viruses. For additional information about EPA's public 
docket, visit the EPA Docket Center homepage at https://www.epa.gov/epahome/dockets.htm.
    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 material, such 
as copyrighted material, will be publicly available only in hard copy. 
Publicly available docket materials are available either electronically 
in https://www.regulations.gov or in hard copy.
    Please see SUPPLEMENTARY INFORMATION, Item D, for details on the 
location of the documents in hard copy form.

FOR FURTHER INFORMATION CONTACT: Katherine Griffith, U.S. Environmental 
Protection Agency, Region 10, 1200 Sixth Avenue, Suite 900, Mail Stop: 
OCE-082, Seattle, WA 98101, phone number: (206) 553-2901, e-mail: 
griffith.katherine@epa.gov.

SUPPLEMENTARY INFORMATION:

A. Background

    Section 9004 of RCRA enables EPA to approve implementation of State 
UST programs in lieu of the Federal UST program. Approval is granted 
when it has been determined that the State program: (1) Is no less 
stringent than the overall Federal program and includes the 
notification requirements of Section 9004(a)(8), 42 U.S.C. 6991c(a)(8), 
and (2) provides for adequate enforcement of compliance with UST 
standards of Section 9004(a), 42 U.S.C. 6991c(a).

B. State of Oregon

    The Oregon Department of Environmental Quality (ODEQ) is the lead 
implementing agency for the UST program in Oregon. ODEQ has broad 
statutory authority to regulate UST releases under Oregon Revised 
Statutes, Chapter 183, Administrative Procedures Act, Section 310-750; 
Chapter 465, Hazardous Waste and Hazardous Materials I (Removal or 
Remedial Action); Chapter 466, Hazardous Waste and Hazardous Materials 
II (Oil Storage Tanks); and Chapter 468, Environmental Quality 
Generally (Enforcement and Audit Privilege). Specific authority to 
regulate the installation, operation, maintenance, and closure of USTs 
is found under ODEQ Administrative Rules Chapter 340, Divisions 11, 12, 
122, 150, 151, 160, 162, and 163.
    Oregon is not authorized to carry out its UST program in Indian 
Country. This includes all lands within the exterior boundaries of the 
Grande Ronde, Klamath, Siletz, Umatilla and Warm Springs Reservations; 
any land held in trust by the United States for an Indian tribe, and 
any other lands that are Indian Country within the meaning of 18 U.S.C. 
1151.

C. Requesting a Hearing

    Any request for a public hearing shall include: (1) The name, 
address, and telephone number of the individual, organization, or other 
entity requesting a hearing, (2) a brief statement of the requester's 
interest in the Regional Administrator's determination and of 
information that he/she intends to submit at such hearing, (3) the 
signature of the requester or responsible official, if made on behalf 
of an organization or other entity, and (4) the associated Docket ID 
Number.
    It is EPA's policy to make reasonable accommodation to persons with 
disabilities wishing to participate in the Agency's programs and 
activities, pursuant to the Rehabilitation Act of 1973, 29 U.S.C. 791, 
et seq. Any request for accommodation should be made to Katherine 
Griffith, (206) 553-2901, preferably a minimum of two weeks in advance 
of the public hearing date, so that EPA will have sufficient time to 
process the request.
    Frivolous or insubstantial requests for a hearing may be denied by 
the RA. However, if a substantial request is made within thirty (30) 
days after this notice, a public hearing will be held. Please bring 
this notice to the attention of any persons known by you to have an 
interest in this determination.

D. Location of Documents

    All documents that are in the electronic docket are also available 
in hard copy during normal business hours at the following locations:
    1. U.S. Environmental Protection Agency, Library, Region 10, 1200 
Sixth Avenue, Suite 900, Seattle, WA 98101 from 9 a.m. to 12 p.m. and 1 
p.m. to 4 p.m.

[[Page 11406]]

    2. Oregon Department of Environmental Quality, 811 SW. Sixth 
Avenue, Portland, OR 97204 from 10 a.m. to 12 p.m. and 1 p.m. to 4 p.m.
    3. Oregon Department of Environmental Quality, 2146 NE. 4th, Suite 
104, Bend, OR 97701 from 10 a.m. to 12 p.m. and 1 p.m. to 4 p.m.
    4. Oregon Department of Environmental Quality, 700 SE. Emigrant, 
Suite 330, Pendleton, OR 97801 from 10 a.m. to 12 p.m. and 1 p.m. to 4 
p.m.; and
    5. Oregon Department of Environmental Quality, 221 Stewart Ave, 
Suite 201, Medford, OR 97501 from 10 a.m. to 12 p.m. and 1 p.m. to 4 
p.m.

E. Statutory and Executive Order (EO) Review

    This proposed rule only applies to Oregon's UST Program 
requirements pursuant to RCRA Section 9004 and imposes no requirements 
other than those imposed by State law. It complies with applicable EOs 
and statutory provisions as follows:
1. Executive Order 12866
    The Office of Management and Budget (OMB) has exempted this rule 
from its review under Executive Order 12866.
2. Paperwork Reduction Act
    This proposed action does not impose an information collection 
burden under the provisions of the Paperwork Reduction Act, 44 U.S.C. 
3501 et seq., because this proposed rule does not establish or modify 
any information or recordkeeping requirements for the regulated 
community and only seeks to authorize the pre-existing requirements 
under State law and imposes no additional requirements beyond those 
imposed by State law. Burden means the total time, effort, or financial 
resources expended by persons to generate, maintain, retain, or 
disclose or provide information to or for a Federal agency. This 
includes the time needed to review instructions; develop, acquire, 
install, and utilize technology and systems for the purposes of 
collecting, validating, and verifying information, processing, and 
maintaining information, and disclosing and providing information; 
adjust the existing ways to comply with any previously applicable 
instructions and requirements; train personnel to be able to respond to 
a collection of information; search data sources; complete and review 
the collection of information; and transmit or otherwise disclose the 
information. An Agency may not conduct or sponsor, and a person is not 
required to respond to, a collection of information unless it displays 
a currently valid OMB control number. The OMB control numbers for EPA's 
regulations in title 40 of the CFR are listed in 40 CFR part 9.
3. Regulatory Flexibility Act
    The Regulatory Flexibility Act (RFA) generally requires Federal 
agencies to prepare a regulatory flexibility analysis of any rule 
subject to notice and comment rulemaking requirements under the 
Administrative Procedure Act or any other statute unless the agency 
certifies that the rule will not have a significant economic impact on 
a substantial number of small entities. Small entities include small 
businesses, small organizations, and small governmental jurisdictions. 
For purposes of assessing the impacts of today's proposed rule on small 
entities, small entity is defined as: (1) A small business defined by 
the Small Business Administration's size regulations at 13 CFR 121.201; 
(2) a small governmental jurisdiction that is a government of a city, 
county, town, school district, or special district with a population of 
less than 50,000; and (3) a small organization that is any not-for-
profit enterprise which is independently owned and operated and is not 
dominant in its field. I certify that this proposed rule will not have 
a significant economic impact on a substantial number of small entities 
because the proposed rule will only have the effect of authorizing pre-
existing requirements under State law and imposes no additional 
requirements beyond those imposed by State law. EPA continues to be 
interested in the potential impacts of the proposed rule on small 
entities and welcomes comments on issues related to such impacts.
4. Unfunded Mandates Reform Act
    This proposed rule does not have any impacts as described in the 
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 mandates or significantly or uniquely affects small 
governments.
5. Executive Order 13132: Federalism
    This proposed rule does not have Federalism implications. It will 
not have substantial direct effects on the States, on the relationship 
between the national government and the States, or on the distribution 
of power and responsibilities among various levels of government, as 
specified in Executive Order 13132 (64 FR 43255, August 10, 1999). This 
rule proposes to authorize pre-existing State rules. Thus, Executive 
Order 13132 does not apply to this proposed rule. In the spirit of 
Executive Order 13132, and consistent with EPA policy to promote 
communications between EPA and State and local governments, EPA 
specifically solicits comment on this proposed rule from State and 
local officials.
6. Executive Order 13175: Consultation and Coordination With Indian 
Tribal Governments
    Executive Order 13175, entitled ``Consultation and Coordination 
with Indian Tribal Governments'' (59 FR 22951, November 9, 2000), 
requires EPA to develop an accountable process to ensure ``meaningful 
and timely input by tribal officials in the development of regulatory 
policies that have tribal implications.'' This proposed rule does not 
have tribal implications, as specified in Executive Order 13175 because 
EPA retains its authority over Indian Country. Thus, Executive Order 
13175 does not apply to this proposed rule. EPA specifically solicits 
additional comment on this proposed rule from tribal officials.
7. Executive Order 13045: Protection of Children From Environmental 
Health and Safety Risks
    EPA interprets Executive Order 13045 (62 FR 19885, April 23, 1997) 
as applying only to those regulatory actions that concern health or 
safety risks, such that the analysis required under section 5-501 of 
the Executive Order has the potential to influence the regulation. This 
action is not subject to Executive Order 13045 because it proposes to 
approve a state program.
8. Executive Order 13211: Actions That Significantly Affect Energy 
Supply, Distribution, or Use
    This proposed rule is not subject to Executive Order 13211, 
``Actions Concerning Regulations that Significantly Affect Energy 
Supply, Distribution, or Use'' (66 FR 28355, May 22, 2001) because it 
is not a ``significant regulatory action'' as defined under Executive 
Order 12866.
9. National Technology Transfer and Advancement Act
    Section 12(d) of the National Technology Transfer and Advancement 
Act of 1995 (``NTTAA''), Public Law 104-113, section 12(d) (15 U.S.C. 
272), directs EPA to use voluntary consensus standards in its 
regulatory activities unless to do so would be inconsistent with 
applicable law or otherwise impractical. Voluntary consensus

[[Page 11407]]

standards are technical standards (e.g., materials specifications, test 
methods, sampling procedures, and business practices) that are 
developed or adopted by voluntary consensus bodies. The NTTAA directs 
EPA to provide Congress, through OMB, explanations when the Agency 
decides not to use available and applicable voluntary consensus 
standards. This proposed rulemaking does not involve technical 
standards. Therefore, EPA is not considering the use of any voluntary 
consensus standards.
10. Executive Order 12898: Federal Actions To Address Environmental 
Justice in Minority Populations and Low Income Populations
    Executive Order 12898 (59 FR 7629, February 16, 1994) establishes 
Federal executive policy on environmental justice. Its main provision 
directs Federal agencies, to the greatest extent practicable and 
permitted by law, to make environmental justice part of their mission 
by identifying and addressing, as appropriate, disproportionately high 
and adverse human health or environmental effects of their programs, 
policies, and activities on minority populations and low-income 
populations in the United States. EPA has determined that this proposed 
rule will not have disproportionately high and adverse human health or 
environmental effects on minority or low-income populations. This 
proposed rule does not affect the level of protection provided to human 
health or the environment because this rule proposes to authorize pre-
existing State rules which are no less stringent than existing Federal 
requirements.

List of Subjects in 40 CFR Part 281

    Environmental protection, Administrative practice and procedure, 
Hazardous materials, Intergovernmental relations, Reporting and 
recordkeeping requirements.

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

    Dated: February 23, 2011.
Michelle L. Pirzadeh,
Acting Regional Administrator, Region 10.
[FR Doc. 2011-4640 Filed 3-1-11; 8:45 am]
BILLING CODE 6560-50-P
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