Oregon: Final Approval of State Underground Storage Tank Program, 57659-57661 [2011-23816]
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57659
Federal Register / Vol. 76, No. 180 / Friday, September 16, 2011 / Rules and Regulations
duty or contain any unfunded mandate
as described under Title II of the
Unfunded Mandates Reform Act of 1995
(UMRA) (Pub. L. 104–4).
This action does not involve any
technical standards that would require
Agency consideration of voluntary
consensus standards pursuant to 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 note).
V. Congressional Review Act
The Congressional Review Act, 5
U.S.C. 801 et seq., generally provides
that before a rule may take effect, the
agency promulgating the rule must
submit a rule report to each House of
the Congress and to the Comptroller
General of the United States. EPA will
submit a report containing this rule and
other required information to the U.S.
Senate, the U.S. House of
Representatives, and the Comptroller
General of the United States prior to
publication of this final rule in the
Federal Register. This final rule is not
a ‘‘major rule’’ as defined by 5 U.S.C.
804(2).
List of Subjects in 40 CFR Part 180
Environmental protection,
Administrative practice and procedure,
Agricultural commodities, Pesticides
and pests, Reporting and recordkeeping
requirements.
Dated: September 8, 2011.
Lois Rossi,
Director, Registration Division, Office of
Pesticide Programs.
Therefore, 40 CFR chapter I is
amended as follows:
PART 180—[AMENDED]
1. The authority citation for part 180
continues to read as follows:
■
Authority: 21 U.S.C. 321(q), 346a and 371.
2. Section 180.252 is revised to read
as follows:
■
§ 180.252 Tetrachlorvinphos; tolerances
for residues.
(a) General. Tolerances are
established for the combined residues of
the insecticide tetrachlorvinphos [(Z)-2chloro-1-(2,4,5-trichlorophenyl) vinyl
dimethyl phosphate], including its
metabolites, 1-(2,4,5-trichlorophenyl)ethanol (free and conjugated forms),
2,4,5-trichloroacetophenone, and 1(2,4,5-trichlorophenyl)-ethanediol, in or
on the following commodities:
Commodity
Parts per million
Cattle, fat (of which no more than 0.1 ppm is tetrachlorvinphos per se) ...............................................
Cattle, kidney (of which no more than 0.05 ppm is tetrachlorvinphos per se) .......................................
Cattle, liver (of which no more than 0.05 ppm is tetrachlorvinphos per se) ...........................................
Cattle, meat (of which no more than 2.0 ppm is tetrachlorvinphos per se) ...........................................
Cattle, meat byproducts, except kidney and liver ...................................................................................
Egg (of which no more than 0.05 ppm is tetrachlorvinphos per se) .......................................................
Hog, fat (of which no more than 0.1 ppm is tetrachlorvinphos per se) ..................................................
Hog, kidney (of which no more than 0.05 ppm is tetrachlorvinphos per se) ..........................................
Hog, liver (of which no more than 0.05 ppm is tetrachlorvinphos per se) ..............................................
Hog, meat (of which no more than 2.0 ppm is tetrachlorvinphos per se) ..............................................
Hog, meat byproducts, except kidney and liver ......................................................................................
Milk, fat (reflecting negligible residues in whole milk and of which no more than 0.05 ppm is
tetrachlorvinphos per se).
Poultry, fat (of which no more than 7.0 ppm is tetrachlorvinphos per se) ..............................................
Poultry, liver (of which no more than 0.05 ppm is tetrachlorvinphos per se) .........................................
Poultry, meat (of which no more than 3.0 ppm is tetrachlorvinphos per se) ..........................................
Poultry, meat byproducts, except liver ....................................................................................................
(b) Section 18 emergency exemptions.
[Reserved]
(c) Tolerances with regional
registrations. [Reserved]
(d) Indirect or inadvertent residues.
[Reserved]
[FR Doc. 2011–23815 Filed 9–15–11; 8:45 am]
BILLING CODE 6560–50–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 281
[EPA–R10–UST–2011–0097; FRL–9465–3]
petroleum and hazardous substances
under subtitle I of the Resource
Conservation and Recovery Act (RCRA).
The United States Environmental
Protection Agency (EPA) has reviewed
the State of Oregon’s application and
has made a final determination that the
State of Oregon’s underground storage
tank program for petroleum and
hazardous substances satisfies all of the
requirements necessary to qualify for
final approval. Thus, EPA is granting
final approval to the State of Oregon to
operate its underground storage tank
program for petroleum and hazardous
substances.
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Oregon: Final Approval of State
Underground Storage Tank Program
DATES:
Environmental Protection
Agency (EPA).
ACTION: Final determination.
FOR FURTHER INFORMATION CONTACT:
AGENCY:
The State of Oregon has
applied for final approval of its
underground storage tank program for
SUMMARY:
VerDate Mar<15>2010
13:06 Sep 15, 2011
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Effective Date: Final approval for
the State of Oregon shall be effective on
September 16, 2011.
Katherine Griffith, U.S. Environmental
Protection Agency, Region 10, 1200
Sixth Avenue, Suite 900, Mail Stop:
OCE–082, Seattle, WA 98101, phone
PO 00000
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number: (206) 553–2901, e-mail:
griffith.katherine@epa.gov.
SUPPLEMENTARY INFORMATION:
I. Background
Section 9004 of the Resource
Conservation and Recovery Act (RCRA),
42 U.S.C. 6991c, authorizes EPA to
approve underground storage tank
programs to operate in the State in lieu
of the federal underground storage tank
(UST) program. To qualify for final
approval, a state’s program must be ‘‘no
less stringent’’ than the federal program
in all eight elements set forth at section
9004(a)(1) through (7) and (9) of RCRA,
42 U.S.C. 6991c(a)(1) through (7) and
(9); include the notification
requirements of RCRA section
9004(a)(8) and provide for adequate
enforcement of compliance with UST
standards (section 9004(a) of RCRA, 42
U.S.C. 6991c(a)). Note that the Energy
Policy Act of 2005 added state-specific
operator training requirements as a state
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Federal Register / Vol. 76, No. 180 / Friday, September 16, 2011 / Rules and Regulations
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program approval element in section
9004(a)(9). Although, EPA has not yet
established performance criteria in 40
CFR Part 281 for making a no-lessstringent determination for the operator
training element, EPA finds Oregon’s
operator training requirements to be
consistent with Operator Training Grant
Guidelines issued by EPA in 2007 and
approves Oregon’s operator training
requirements in today’s approval. Also,
note that RCRA sections 9005 (on
information-gathering) and 9006 (on
Federal enforcement) by their terms
apply even in states with programs
approved by EPA under RCRA section
9004. Thus, the Agency retains its
authority under RCRA sections 9005
and 9006, 42 U.S.C. 6991d and 6991e,
and other applicable statutory and
regulatory provisions to undertake
inspections and enforcement actions in
approved states. With respect to such an
enforcement action, the Agency will
rely on Federal sanctions, Federal
inspection authorities, and Federal
procedures rather than the State
authorized analogues to these
provisions.
On July 19, 2010, the State of Oregon
submitted an official application to
obtain final program approval to
administer the underground storage
tank program for petroleum and
hazardous substances. On March 2,
2011, EPA published a tentative
determination announcing its intent to
approve the State of Oregon’s program.
Further background on the tentative
decision to grant approval appears in
the Federal Register at 76 FR 11404
(March 2, 2011).
Along with the tentative
determination, EPA announced the
availability of the application for public
review and comment and the date of a
public hearing on the application. EPA
requested advance notice for testimony
and reserved the right to cancel the
public hearing in the event of
insufficient public interest. Since there
was no public request for a hearing, the
public hearing was cancelled. No public
comments were received regarding
EPA’s tentative approval of Oregon’s
underground storage tank program.
II. Final Decision
I conclude that the State of Oregon’s
application for program approval meets
all of the statutory and regulatory
requirements established by subtitle I of
RCRA and 40 CFR part 281.
Accordingly, Oregon is granted final
approval to operate its underground
storage tank program for petroleum and
hazardous substances in lieu of the
federal underground storage tank
program. Oregon has primary
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13:06 Sep 15, 2011
Jkt 223001
enforcement responsibility for
petroleum and hazardous underground
storage tanks, although EPA retains the
right to conduct enforcement actions for
all regulated underground storage tanks
under section 9006 of RCRA. This
approval is subject to the terms and
conditions set forth in the State’s
application for approval (including, but
not limited to, the Memorandum of
Agreement) and in the March 2, 2011
Federal Register Oregon: Tentative
Approval of State Underground Storage
Tank Program. This final determination
to approve the Oregon program applies
to all areas within the State except for
land 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.
III. Statutory and Executive Order (EO)
Review
This 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:
A. Executive Order 12866
The Office of Management and Budget
(OMB) has exempted this rule from its
review under Executive Order 12866.
B. Paperwork Reduction Act
This 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
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
PO 00000
Frm 00036
Fmt 4700
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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.
C. 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 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
rule will not have a significant
economic impact on a substantial
number of small entities because the
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.
D. Unfunded Mandates Reform Act
This 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.
E. Executive Order 13132: Federalism
This 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
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Federal Register / Vol. 76, No. 180 / Friday, September 16, 2011 / Rules and Regulations
57661
Order 13132 (64 FR 43255, August 10,
1999). This rule authorizes pre-existing
State rules. Thus, Executive Order
13132 does not apply to this rule.
does not involve technical standards.
Therefore, EPA is not considering the
use of any voluntary consensus
standards.
ENVIRONMENTAL PROTECTION
AGENCY
F. 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 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 rule.
J. Executive Order 12898: Federal
Actions To Address Environmental
Justice in Minority Populations and Low
Income Populations
[EPA–HQ–SFUND–1998–0007; FRL–9465–7]
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 rule will not
have disproportionately high and
adverse human health or environmental
effects on minority or low-income
populations. This rule does not affect
the level of protection provided to
human health or the environment
because this rule authorizes pre-existing
State rules which are no less stringent
than existing Federal requirements.
AGENCY:
G. 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
approves a state program.
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H. Executive Order 13211: Actions That
Significantly Affect Energy Supply,
Distribution, or Use
This 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.
I. National Technology Transfer and
Advancement Act
Section 12(d) of the National
Technology Transfer and Advancement
Act of 1995 (‘‘NTTAA’’), Public Law
104–113, 12(d) (15 U.S.C. 272), directs
EPA to use voluntary consensus
standards in its regulatory activities
unless to do so would be inconsistent
with applicable law or otherwise
impractical. Voluntary consensus
standards are technical standards (e.g.,
materials specifications, test methods,
sampling procedures, and business
practices) that are developed or adopted
by voluntary consensus 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 rulemaking
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K. Submission to Congress and the
General Accounting Office
Under 5 U.S.C. 801(a)(1)(A) as added
by the Small Business Regulatory
Enforcement Fairness Act of 1996, EPA
submitted a report containing this rule
and other required information to the
U.S. Senate, the U.S. House of
Representatives and the Comptroller
General of the General Accounting
Office prior to publication of the rule in
today’s Federal Register. This rule is
not a ‘‘major rule’’ as defined by 5 U.S.C.
804(2).
List of Subjects in 40 CFR Part 281
Environmental protection,
Administrative practice and procedure,
Hazardous materials, State program
approval, Underground storage tanks.
Authority: This document is issued under
the authority of Section 9004 of the Resource
Conservation and Recovery Act, 42 U.S.C.
6991c.
Dated: August 31, 2011.
Michelle L. Pirzadeh,
Acting Regional Administator, Region 10.
[FR Doc. 2011–23816 Filed 9–15–11; 8:45 am]
BILLING CODE 6560–50–P
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40 CFR Part 300
National Oil and Hazardous
Substances Pollution Contingency
Plan; National Priorities List
Environmental Protection
Agency.
ACTION: Withdrawal of direct final rule.
On July 29, 2011, the
Environmental Protection Agency (EPA)
published a Notice of Intent to Delete
and a Direct Notice of Deletion for the
State Marine of Port Arthur (SMPA)
Superfund Site from the National
Priorities List. The EPA is withdrawing
the Final Direct Notice of Deletion
because the deletion notices were
published in the Federal Register
without Headquarter’s concurrence as
required under the Comprehensive
Environmental Response,
Compensation, and Liability Act
Delegation of Authority.
DATES: Effective Date: This withdrawal
of the direct final action (76 FR 45428)
is effective as of September 16, 2011.
ADDRESSES:
Information Repositories:
Comprehensive information on the
SMPA Superfund Site, as well as the
comments that we received during the
comment period, are available in Docket
EPA–HQ–SFUND–1998–0007, accessed
through the https://www.regulations.gov
Web site. Although listed in the docket
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 at:
1. U.S. Environmental Protection
Agency, Region 6; 1445 Ross Avenue,
Suite 700; Dallas, Texas 75202–2733;
Hours of operation: Monday thru
Friday, 9 a.m. to 12 p.m. and 1 to 4 p.m.
Contact: Rafael A. Casanova (214) 665–
7437.
2. Port Arthur Public Library; 4615
9th Avenue; Port Arthur, Texas 77642–
5799; Hours of operation: Monday thru
Thursday, 9 a.m. to 9 p.m.; Friday, 9
a.m. to 6 p.m.; Saturday, 9 a.m. to 5
p.m.; and Sunday, 2 to 5 p.m.
FOR FURTHER INFORMATION CONTACT:
Rafael A. Casanova, Remedial Project
Manager; U.S. Environmental Protection
Agency, Region 6; Superfund Division
(6SF–RA); 1445 Ross Avenue, Suite
SUMMARY:
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]]>Agencies
[Federal Register Volume 76, Number 180 (Friday, September 16, 2011)]
[Rules and Regulations]
[Pages 57659-57661]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2011-23816]
-----------------------------------------------------------------------
ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 281
[EPA-R10-UST-2011-0097; FRL-9465-3]
Oregon: Final Approval of State Underground Storage Tank Program
AGENCY: Environmental Protection Agency (EPA).
ACTION: Final determination.
-----------------------------------------------------------------------
SUMMARY: The State of Oregon has applied for final approval of its
underground storage tank program for petroleum and hazardous substances
under subtitle I of the Resource Conservation and Recovery Act (RCRA).
The United States Environmental Protection Agency (EPA) has reviewed
the State of Oregon's application and has made a final determination
that the State of Oregon's underground storage tank program for
petroleum and hazardous substances satisfies all of the requirements
necessary to qualify for final approval. Thus, EPA is granting final
approval to the State of Oregon to operate its underground storage tank
program for petroleum and hazardous substances.
DATES: Effective Date: Final approval for the State of Oregon shall be
effective on September 16, 2011.
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:
I. Background
Section 9004 of the Resource Conservation and Recovery Act (RCRA),
42 U.S.C. 6991c, authorizes EPA to approve underground storage tank
programs to operate in the State in lieu of the federal underground
storage tank (UST) program. To qualify for final approval, a state's
program must be ``no less stringent'' than the federal program in all
eight elements set forth at section 9004(a)(1) through (7) and (9) of
RCRA, 42 U.S.C. 6991c(a)(1) through (7) and (9); include the
notification requirements of RCRA section 9004(a)(8) and provide for
adequate enforcement of compliance with UST standards (section 9004(a)
of RCRA, 42 U.S.C. 6991c(a)). Note that the Energy Policy Act of 2005
added state-specific operator training requirements as a state
[[Page 57660]]
program approval element in section 9004(a)(9). Although, EPA has not
yet established performance criteria in 40 CFR Part 281 for making a
no-less-stringent determination for the operator training element, EPA
finds Oregon's operator training requirements to be consistent with
Operator Training Grant Guidelines issued by EPA in 2007 and approves
Oregon's operator training requirements in today's approval. Also, note
that RCRA sections 9005 (on information-gathering) and 9006 (on Federal
enforcement) by their terms apply even in states with programs approved
by EPA under RCRA section 9004. Thus, the Agency retains its authority
under RCRA sections 9005 and 9006, 42 U.S.C. 6991d and 6991e, and other
applicable statutory and regulatory provisions to undertake inspections
and enforcement actions in approved states. With respect to such an
enforcement action, the Agency will rely on Federal sanctions, Federal
inspection authorities, and Federal procedures rather than the State
authorized analogues to these provisions.
On July 19, 2010, the State of Oregon submitted an official
application to obtain final program approval to administer the
underground storage tank program for petroleum and hazardous
substances. On March 2, 2011, EPA published a tentative determination
announcing its intent to approve the State of Oregon's program. Further
background on the tentative decision to grant approval appears in the
Federal Register at 76 FR 11404 (March 2, 2011).
Along with the tentative determination, EPA announced the
availability of the application for public review and comment and the
date of a public hearing on the application. EPA requested advance
notice for testimony and reserved the right to cancel the public
hearing in the event of insufficient public interest. Since there was
no public request for a hearing, the public hearing was cancelled. No
public comments were received regarding EPA's tentative approval of
Oregon's underground storage tank program.
II. Final Decision
I conclude that the State of Oregon's application for program
approval meets all of the statutory and regulatory requirements
established by subtitle I of RCRA and 40 CFR part 281. Accordingly,
Oregon is granted final approval to operate its underground storage
tank program for petroleum and hazardous substances in lieu of the
federal underground storage tank program. Oregon has primary
enforcement responsibility for petroleum and hazardous underground
storage tanks, although EPA retains the right to conduct enforcement
actions for all regulated underground storage tanks under section 9006
of RCRA. This approval is subject to the terms and conditions set forth
in the State's application for approval (including, but not limited to,
the Memorandum of Agreement) and in the March 2, 2011 Federal Register
Oregon: Tentative Approval of State Underground Storage Tank Program.
This final determination to approve the Oregon program applies to all
areas within the State except for land 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.
III. Statutory and Executive Order (EO) Review
This 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:
A. Executive Order 12866
The Office of Management and Budget (OMB) has exempted this rule
from its review under Executive Order 12866.
B. Paperwork Reduction Act
This 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 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.
C. 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 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 rule will not have a
significant economic impact on a substantial number of small entities
because the 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.
D. Unfunded Mandates Reform Act
This 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.
E. Executive Order 13132: Federalism
This 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
[[Page 57661]]
Order 13132 (64 FR 43255, August 10, 1999). This rule authorizes pre-
existing State rules. Thus, Executive Order 13132 does not apply to
this rule.
F. 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 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 rule.
G. 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 approves a
state program.
H. Executive Order 13211: Actions That Significantly Affect Energy
Supply, Distribution, or Use
This 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.
I. National Technology Transfer and Advancement Act
Section 12(d) of the National Technology Transfer and Advancement
Act of 1995 (``NTTAA''), Public Law 104-113, 12(d) (15 U.S.C. 272),
directs EPA to use voluntary consensus standards in its regulatory
activities unless to do so would be inconsistent with applicable law or
otherwise impractical. Voluntary consensus standards are technical
standards (e.g., materials specifications, test methods, sampling
procedures, and business practices) that are developed or adopted by
voluntary consensus 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 rulemaking does not
involve technical standards. Therefore, EPA is not considering the use
of any voluntary consensus standards.
J. 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 rule
will not have disproportionately high and adverse human health or
environmental effects on minority or low-income populations. This rule
does not affect the level of protection provided to human health or the
environment because this rule authorizes pre-existing State rules which
are no less stringent than existing Federal requirements.
K. Submission to Congress and the General Accounting Office
Under 5 U.S.C. 801(a)(1)(A) as added by the Small Business
Regulatory Enforcement Fairness Act of 1996, EPA submitted a report
containing this rule and other required information to the U.S. Senate,
the U.S. House of Representatives and the Comptroller General of the
General Accounting Office prior to publication of the rule in today's
Federal Register. This rule is not a ``major rule'' as defined by 5
U.S.C. 804(2).
List of Subjects in 40 CFR Part 281
Environmental protection, Administrative practice and procedure,
Hazardous materials, State program approval, Underground storage tanks.
Authority: This document is issued under the authority of
Section 9004 of the Resource Conservation and Recovery Act, 42
U.S.C. 6991c.
Dated: August 31, 2011.
Michelle L. Pirzadeh,
Acting Regional Administator, Region 10.
[FR Doc. 2011-23816 Filed 9-15-11; 8:45 am]
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