Idaho: Final Approval of State Underground Storage Tank Program, 11750-11752 [2012-4657]

Download as PDF 11750 Federal Register / Vol. 77, No. 39 / Tuesday, February 28, 2012 / Rules and Regulations action must be filed in the United States Court of Appeals for the appropriate circuit by April 30, 2012. Filing a petition for reconsideration by the Administrator of this final rule does not affect the finality of this action for the purposes of judicial review nor does it extend the time within which a petition for judicial review may be filed, and shall not postpone the effectiveness of such rule or action. This action may not be challenged later in proceedings to enforce its requirements. (See section 307(b)(2).) List of Subjects PART 52—[AMENDED] 40 CFR Part 52 Environmental protection, Air pollution control, Incorporation by reference. 1. The authority citation for part 52 continues to read as follows: ■ Authority: 42 U.S.C. 7401 et seq. Subpart AA—Missouri 40 CFR Part 70 Environmental protection, Air pollution control, Operating permits. 2. In § 52.1320 the table in paragraph (c) is amended by revising the title, ‘‘St. Louis City Ordinance 65645’’ to read as follows. ■ Dated: February 9, 2012. Karl Brooks, Regional Administrator, Region 7. § 52.1320 Chapter I, title 40 of the Code of Federal Regulations is amended as follows: * Identification of plan. * * (c) * * * * * EPA-APPROVED MISSOURI REGULATIONS Missouri citation State effective date Title EPA approval date Explanation Missouri Department of Natural Resources * * * * * * * * * * St. Louis City Ordinance 68657 * * * * * * * * * ENVIRONMENTAL PROTECTION AGENCY PART 70—[AMENDED] 40 CFR Part 281 3. The authority citation for Part 70 continues to read as follows: ■ [EPA–R10–UST–2011–0896; FRL 9640–1] Authority: 42 U.S.C. 7401, et seq. Idaho: Final Approval of State Underground Storage Tank Program Appendix A—[Amended] 4. Appendix A to Part 70, Missouri, is amended by redesignating existing paragraph (v) as new paragraph (z) and by adding a new paragraph (v) to read as follows: ■ Appendix A to Part 70—Approval Status of State and Local Operating Permits Programs * * * * * * * * Missouri * * erowe on DSK2VPTVN1PROD with RULES (v) The Missouri Department of Natural Resources submitted revisions to Missouri rule 10 CSR 10–6.110, ‘‘Submission of Emission Data, Emission Fees, and Process Information’’ on December 21, 2007; approval of section (3)(D) effective November 14, 2008. * * * * * [FR Doc. 2012–4476 Filed 2–27–12; 8:45 am] BILLING CODE 6560–50–P Environmental Protection Agency (EPA). ACTION: Final determination. AGENCY: The State of Idaho 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 Idaho’s application and has made a final determination that the State of Idaho’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 Idaho to operate its underground storage tank program for petroleum and hazardous substances. SUMMARY: Effective Date: Final approval for the State of Idaho shall be effective on February 28, 2012. DATES: VerDate Mar<15>2010 14:48 Feb 27, 2012 Jkt 226001 PO 00000 Frm 00014 Fmt 4700 Sfmt 4700 Erik Sirs, U.S. Environmental Protection Agency, Region 10, 1435 North Orchard, Boise, ID 83706, phone number: (208) 378–5762, email: sirs.erik@epa.gov. SUPPLEMENTARY INFORMATION: FOR FURTHER INFORMATION CONTACT: 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 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 Idaho’s operator training requirements to be consistent with Operator Training Grant E:\FR\FM\28FER1.SGM 28FER1 Federal Register / Vol. 77, No. 39 / Tuesday, February 28, 2012 / Rules and Regulations erowe on DSK2VPTVN1PROD with RULES Guidelines issued by EPA in 2007 and approves Idaho’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 21, 2010, the State of Idaho submitted an official application to obtain final program approval to administer the underground storage tank program for petroleum and hazardous substances. On December 8, 2011, EPA published a tentative determination announcing its intent to approve the State of Idaho’s program. Further background on the tentative decision to grant approval appears in the Federal Register at 76 FR 76684 (December 8, 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 advertised and held a public hearing on December 19, 2011. No comments were received at the public hearing. No public comments were received regarding EPA’s tentative approval of Idaho’s underground storage tank program. II. Final Decision I conclude that the State of Idaho’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, Idaho 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. Idaho 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 VerDate Mar<15>2010 17:17 Feb 27, 2012 Jkt 226001 Agreement) and in the December 8, 2011 Federal Register Idaho: Tentative Approval of State Underground Storage Tank Program. This final determination to approve the Idaho program applies to all areas within the State except for land in Indian Country. This includes all lands within the exterior boundaries of the Shoshone-Bannock Tribes (Fort Hall Reservation), Shoshone-Paiute Tribe (Duck Valley Reservation), Nez Perce Reservation, Coeur d’Alene Reservation, Kootenai Reservation; 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 Idaho’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 PO 00000 Frm 00015 Fmt 4700 Sfmt 4700 11751 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 effects 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 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. E:\FR\FM\28FER1.SGM 28FER1 11752 Federal Register / Vol. 77, No. 39 / Tuesday, February 28, 2012 / Rules and Regulations 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. erowe on DSK2VPTVN1PROD with RULES 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. VerDate Mar<15>2010 14:48 Feb 27, 2012 Jkt 226001 J. Executive Order 12898: Federal Actions To Address Environmental Justice in Minority Populations and Low Income Populations DEPARTMENT OF HOMELAND SECURITY 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. 46 CFR Part 401 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, and 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: February 14, 2012. Dennis J. McLerran, Regional Administrator, Region 10. [FR Doc. 2012–4657 Filed 2–27–12; 8:45 am] BILLING CODE 6560–50–P PO 00000 Frm 00016 Fmt 4700 Sfmt 4700 Coast Guard [USCG–2011–0328] RIN 1625–AB70 2012 Rates for Pilotage on the Great Lakes Coast Guard, DHS. Final rule. AGENCY: ACTION: The Coast Guard is adjusting the rates for pilotage services on the Great Lakes, which were last amended in February 2011. The adjustments establish new base rates and are made in accordance with a required full ratemaking procedure. They result in an average decrease of approximately 2.62 percent from the rates established in February 2011. This final rule promotes the Coast Guard’s strategic goal of maritime safety. DATES: This final rule is effective August 1, 2012. ADDRESSES: Comments and material received from the public, as well as documents mentioned in this preamble as being available in the docket, are part of docket USCG–2011–0328 and are available for inspection or copying at the Docket Management Facility (M–30), U.S. Department of Transportation, West Building Ground Floor, Room W12–140, 1200 New Jersey Avenue SE., Washington, DC 20590, between 9 a.m. and 5 p.m., Monday through Friday, except Federal holidays. You may also find this docket on the Internet by going to https://www.regulations.gov, inserting USCG–2011–0328 in the ‘‘Keyword’’ box, and then clicking ‘‘Search.’’ FOR FURTHER INFORMATION CONTACT: If you have questions on this rule, call or email Mr. Todd Haviland, Management & Program Analyst, Office of Great Lakes Pilotage, Commandant (CG–5522), Coast Guard; telephone 202–372–2037, email Todd.A.Haviland@uscg.mil, or fax 202–372–1909. If you have questions on viewing the docket, call Renee V. Wright, Program Manager, Docket Operations, telephone 202–366–9826. SUPPLEMENTARY INFORMATION: SUMMARY: Table of Contents for Preamble I. Abbreviations II. Regulatory History III. Basis and Purpose IV. Background V. Discussion of Comments and Changes VI. Discussion of the Final Rule A. Summary B. Calculating the Rate Adjustment E:\FR\FM\28FER1.SGM 28FER1

Agencies

ENVIRONMENTAL PROTECTION AGENCY

[Federal Register Volume 77, Number 39 (Tuesday, February 28, 2012)]
[Rules and Regulations]
[Pages 11750-11752]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2012-4657]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 281

[EPA-R10-UST-2011-0896; FRL 9640-1]


Idaho: Final Approval of State Underground Storage Tank Program

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final determination.

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

SUMMARY: The State of Idaho 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 Idaho's application and has made a final determination 
that the State of Idaho'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 Idaho to operate its underground storage tank 
program for petroleum and hazardous substances.

DATES: Effective Date: Final approval for the State of Idaho shall be 
effective on February 28, 2012.

FOR FURTHER INFORMATION CONTACT: Erik Sirs, U.S. Environmental 
Protection Agency, Region 10, 1435 North Orchard, Boise, ID 83706, 
phone number: (208) 378-5762, email: sirs.erik@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 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 Idaho's operator training requirements to be consistent with 
Operator Training Grant

[[Page 11751]]

Guidelines issued by EPA in 2007 and approves Idaho'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 21, 2010, the State of Idaho submitted an official 
application to obtain final program approval to administer the 
underground storage tank program for petroleum and hazardous 
substances. On December 8, 2011, EPA published a tentative 
determination announcing its intent to approve the State of Idaho's 
program. Further background on the tentative decision to grant approval 
appears in the Federal Register at 76 FR 76684 (December 8, 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 advertised and held a 
public hearing on December 19, 2011. No comments were received at the 
public hearing. No public comments were received regarding EPA's 
tentative approval of Idaho's underground storage tank program.

II. Final Decision

    I conclude that the State of Idaho'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, 
Idaho 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. Idaho 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 December 8, 2011 Federal Register 
Idaho: Tentative Approval of State Underground Storage Tank Program. 
This final determination to approve the Idaho program applies to all 
areas within the State except for land in Indian Country. This includes 
all lands within the exterior boundaries of the Shoshone-Bannock Tribes 
(Fort Hall Reservation), Shoshone-Paiute Tribe (Duck Valley 
Reservation), Nez Perce Reservation, Coeur d'Alene Reservation, 
Kootenai Reservation; 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 Idaho'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 effects 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 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.

[[Page 11752]]

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, and 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: February 14, 2012.
Dennis J. McLerran,
Regional Administrator, Region 10.
[FR Doc. 2012-4657 Filed 2-27-12; 8:45 am]
BILLING CODE 6560-50-P

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