Underground Storage Tank Program: Approved State Program for the State of Oregon, 25366-25371 [2012-9931]
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Federal Register / Vol. 77, No. 83 / Monday, April 30, 2012 / Rules and Regulations
States prior to publication of the rule in
the Federal Register. A major rule
cannot take effect until 60 days after it
is published in the Federal Register.
This action is not a ‘‘major rule’’ as
defined by 5 U.S.C. 804(2).
Under section 307(b)(1) of the Clean
Air Act, petitions for judicial review of
this action must be filed in the United
States Court of Appeals for the
appropriate circuit by June 29, 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 in 40 CFR Part 52
Environmental protection, Air
pollution control, Ozone, Reporting and
recordkeeping requirements.
Authority: 42 U.S.C. 7401 et seq.
Dated: April 4, 2012.
Mark J. Hague,
Acting Regional Administrator, Region 7.
Dated: April 18, 2012.
Susan Hedman,
Regional Administrator, Region 5.
attained the 1997 8-hour ozone NAAQS
by the applicable attainment date of
June 15, 2010.
Subpart AA—Missouri
3. In § 52.1342, paragraph (a) is
revised to read as follows:
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§ 52.1342
Control strategy: Ozone.
(a) Determination of attainment. EPA
has determined, as of June 9, 2011, that
the St. Louis (MO-IL) metropolitan 1997
8-hour ozone nonattainment area has
attained the 1997 8-hour ozone NAAQS.
This determination, in accordance with
40 CFR 51.918, suspends the
requirements for this area to submit an
attainment demonstration, associated
reasonably available control measures,
reasonable further progress, contingency
measures, and other plan elements
related to attainment of the standards
for as long as the area continues to meet
the 1997 Ozone NAAQS. In addition,
based upon EPA’s review of the air
quality data for the 3-year period 2007
to 2009, the St. Louis (MO-IL) ozone
nonattainment area has attained the
1997 8-hour ozone NAAQS by the
applicable attainment date of June 15,
2010.
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[FR Doc. 2012–10207 Filed 4–27–12; 8:45 am]
BILLING CODE 6560–50–P
40 CFR part 52 is amended as follows:
PART 52—[AMENDED]
ENVIRONMENTAL PROTECTION
AGENCY
1. The authority citation for part 52
continues to read as follows:
40 CFR Part 282
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Authority: 42 U.S.C. 7401 et seq.
[EPA–R10–UST–2011–0097; FRL–9615–4]
Subpart O—Illinois
2. In § 52.726, paragraph (kk) is added
to read as follows:
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§ 52.726
Control Strategy: Ozone.
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(kk) Determination of attainment.
EPA has determined, as of June 9, 2011,
that the St. Louis (MO-IL) metropolitan
1997 8-hour ozone nonattainment area
has attained the 1997 8-hour ozone
NAAQS. This determination, in
accordance with 40 CFR 51.918,
suspends the requirements for this area
to submit an attainment demonstration,
associated reasonably available control
measures, reasonable further progress,
contingency measures, and other plan
elements related to attainment of the
standards for as long as the area
continues to meet the 1997 Ozone
NAAQS. In addition, based upon EPA’s
review of the air quality data for the 3year period 2007 to 2009, the St. Louis
(MO-IL) ozone nonattainment area has
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Underground Storage Tank Program:
Approved State Program for the State
of Oregon
Environmental Protection
Agency (EPA).
ACTION: Direct final rule.
AGENCY:
The Resource Conservation
and Recovery Act of 1976 (RCRA), as
amended, authorizes the United States
Environmental Protection Agency (EPA)
to grant approval to any State to operate
its underground storage tank program in
the State in lieu of the federal program.
The regulation codifies EPA’s decision
to approve State programs and
incorporates by reference those
provisions of the State statutes and
regulations that will be subject to EPA’s
inspection and enforcement authorities
under sections 9005 and 9006 of RCRA
subtitle I and other applicable statutory
and regulatory provisions. This rule
codifies the prior approval of Oregon’s
underground storage tank program and
SUMMARY:
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incorporates by reference appropriate
provisions of state statutes and
regulations.
DATES: This regulation is effective June
29, 2012, unless EPA publishes a prior
Federal Register document withdrawing
this direct final rule. All comments on
the codification of Oregon’s
underground storage tank program must
be received by the close of business May
30, 2012. The incorporation by reference
of certain publications listed in the
regulations is approved by the Director
of the Federal Register, as of June 29,
2012, in accordance with 5 U.S.C. 552(a)
and 1 CFR part 51.
ADDRESSES: Comments may be
submitted, 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.
• Email: 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.
• Comments received by EPA may be
inspected in the public docket online
and in the EPA Region 10 Library, 1200
Sixth Avenue, Seattle, WA 98101, from
9 a.m. to 12 p.m. and 1 p.m. to 4 p.m.,
Monday through Friday, excluding
Federal holidays.
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 email. 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 email comment directly
to EPA without going through https://
www.regulations.gov your email 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
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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.
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, email:
griffith.katherine@epa.gov.
SUPPLEMENTARY INFORMATION:
A. Background
Section 9004 of the Resource
Conservation and Recovery Act of 1976
(RCRA), as amended, 42 U.S.C. 6991c,
authorizes the United States
Environmental Protection Agency (EPA)
to approve a State to operate its
underground storage tank program in
the State in lieu of the federal
underground storage tank program. EPA
published a Federal Register document
announcing its decision to grant
approval to Oregon on September 16,
2011, and approval was effective on
September 16, 2011 (76 FR 57659).
EPA codifies its approval of State
programs in 40 CFR part 282 and
incorporates by reference therein those
provisions of the State statutes and
regulations that are subject to EPA’s
inspection and enforcement authorities
under sections 9005 and 9006 of subtitle
I of RCRA, 42 U.S.C. 6991d and 6991e,
and other applicable statutory and
regulatory provisions. Today’s
rulemaking codifies EPA’s approval of
Oregon’s underground storage tank
program. This codification reflects the
State program in effect at the time EPA
grants Oregon approval under section
9004, 42 U.S.C. 6991c, for its
underground storage tank program.
Notice and opportunity for comment
were provided earlier on the Agency’s
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decision to approve the Oregon
program, and EPA is not now reopening
that decision nor requesting comment
on it.
This effort provides clear notice to the
public of the scope of the approved
program in each state. By codifying the
approved Oregon program and by
amending the Code of Federal
Regulations (CFR) whenever a new or
different set of requirements is approved
in Oregon, the status of federallyapproved requirements of the Oregon
program will be readily discernible.
Only those provisions of the Oregon
underground storage tank program EPA
has approved will be incorporated by
reference for enforcement purposes.
To codify EPA’s approval of Oregon’s
underground storage tank program, EPA
has added § 282.87 to Title 40 of the
CFR. Section 282.87(d)(1)(i)
incorporates by reference for
enforcement purposes the State’s
statutes and regulations. Section 282.87
also references the Attorney General’s
Statement, Demonstration of Adequate
Enforcement Procedures, the Program
Description, and the Memorandum of
Agreement, which are approved as part
of the underground storage tank
program under subtitle I of RCRA.
EPA retains the authority under
sections 9003(h), 9005 and 9006 of
subtitle I of RCRA, 42 U.S.C. 6991b(h),
6991d and 6991e, and other applicable
statutory and regulatory provisions to
undertake corrective actions,
inspections and enforcement in
approved States. With respect to such
actions, EPA will rely on federal
sanctions, federal inspection authorities,
and federal procedures rather than the
State authorized analogues to these
provisions. Therefore, the approved
Oregon enforcement authorities will not
be incorporated by reference. Section
282.87 lists those approved Oregon
authorities that would fall into this
category.
The public also needs to be aware that
some provisions of the State’s
underground storage tank program are
not part of the federally-approved State
program, because such provisions are
‘‘broader in scope’’ than subtitle I of
RCRA. See 40 CFR 281.12(a)(3)(ii). As a
result, State provisions which are
‘‘broader in scope’’ than the federal
program are not incorporated by
reference for purposes of enforcement in
Part 282. Section 282.87 of the
codification simply lists for reference
and clarity the Oregon statutory and
regulatory provisions which are
‘‘broader in scope’’ than the federal
program and which are not, therefore,
part of the approved program being
codified today. ‘‘Broader in scope’’
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provisions cannot be enforced by EPA;
the State, however, will continue to
implement and enforce such provisions.
B. Statutory and Executive Order
Review
This final 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 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.
3. Regulatory Flexibility Act
After considering the economic
impacts of today’s rule on small entities
under the Regulatory Flexibility Act, I
certify that this rule will not have a
significant economic impact on a
substantial number of small entities
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.
4. Unfunded Mandates Reform Act
Because today’s rulemaking codifies
pre-existing requirements under Oregon
state law and does not impose any
additional enforceable duty beyond that
required by Oregon state law, it does not
contain any unfunded mandate or
significantly or uniquely affect small
governments, as described in the
Unfunded Mandates Reform Act.
5. Executive Order 13132: Federalism
Executive Order 13132 does not apply
to this rule because this final 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.
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6. Executive Order 13175: Consultation
and Coordination With Indian Tribal
Governments
Executive Order 13175 does not apply
because this rule does not have tribal
implications (i.e., substantial direct
effects on one or more Indian tribes, on
the relationship between the Federal
Government and Indian tribes, or on the
distribution of power and
responsibilities between the Federal
Government and Indian tribes). EPA
retains its authority in Indian Country.
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 will
codify a state program.
8. Executive Order 13211: Actions That
Significantly Affect Energy Supply,
Distribution, or Use
This rule is not subject to Executive
Order 13211 because it is not a
‘‘significant regulatory action’’ as
defined under Executive Order 12866.
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9. National Technology Transfer and
Advancement Act
Section 12(d) of the National
Technology Transfer and Advancement
Act of 1995 (‘‘NTTAA’’), (15 U.S.C.
272), 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,
the NTTAA does not apply.
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 rule will not
have disproportionately high and
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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 codifies pre-existing
State rules which are no less stringent
than existing Federal requirements.
11. 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 282
Environmental protection, Hazardous
substances, Incorporation by reference,
Intergovernmental relations, State
program approval, Underground storage
tanks and Water pollution control.
Authority: This document is issued under
the authority of Section 9004 of the Resource
Conservation and Recovery Act of 1976
(RCRA), as amended, 42 U.S.C. 6991c.
Dated: April 10, 2012.
Dennis J. McLerran,
Regional Administrator, Region 10.
For the reasons set forth in the
preamble, 40 CFR part 282 is amended
as follows:
PART 282—APPROVED
UNDERGROUND STORAGE TANK
PROGRAMS
1. The authority citation for part 282
continues to read as follows:
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Authority: 42 U.S.C. 6912, 6991c, 6991d,
and 6991e.
Subpart B—Approved State Programs
2. Add § 282.87 to subpart B to read
as follows:
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§ 282.87 Oregon State-Administered
Program.
(a) The State of Oregon is approved to
administer and enforce an underground
storage tank program in lieu of the
federal program under subtitle I of the
Resource Conservation and Recovery
Act of 1976 (RCRA), as amended, 42
U.S.C. 6991 et seq. The State’s program,
as administered by the Oregon
Department of Environmental Quality,
was approved by EPA pursuant to 42
U.S.C. 6991c and Part 281 of this
Chapter. EPA published the notice of
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final determination approving the
Oregon underground storage tank
program on September 16, 2011, and it
became effective on that date.
(b) Oregon has primary responsibility
for enforcing its underground storage
tank program. However, EPA retains the
authority to exercise its corrective
action, inspection and enforcement
authorities under sections 9003(h), 9005
and 9006 of subtitle I of RCRA, 42
U.S.C. 6991b(h), 6991d and 6991e, as
well as its authority under other
statutory and regulatory provisions.
(c) To retain program approval,
Oregon must revise its approved
program to adopt new changes to the
federal subtitle I program which make it
more stringent, in accordance with
section 9004 of RCRA, 42 U.S.C. 6991c,
and 40 CFR part 281, subpart E. If
Oregon obtains approval for the revised
requirements pursuant to section 9004
of RCRA, 42 U.S.C. 6991c, the newly
approved statutory and regulatory
provisions will be added to this subpart
and notice of any change will be
published in the Federal Register.
(d) Oregon has final approval for the
following elements submitted to EPA in
its program application as of September
16, 2011.
(1) State statutes and regulations. (i)
The provisions cited in this paragraph
are incorporated by reference as part of
the underground storage tank program
under subtitle I of RCRA, 42 U.S.C. 6991
et seq. with the approval of the Director
of the Federal Register under 5 U.S.C.
552(a) and 1 CFR Part 51. To enforce
any edition other than that specified in
this section, the Environmental
Protection Agency must publish notice
of change in the Federal Register and
the material must be available to the
public. All approved material is
available for inspection at the National
Archives and Records Administration
(NARA). For information on the
availability of the material at NARA,
call 202–741–6030 or go to https://
www.archives.gov/federal_register/
code_of_federal_regulations/
ibr_locations.html. Copies of Oregon’s
program application may be obtained
from the Underground Storage Tank
Program, Oregon Department of
Environmental Quality, 811 SW Sixth
Avenue, Portland, Oregon, 97204.
(A) Oregon Statutory Requirements
Applicable to the Underground Storage
Tank Program, 2009.
(B) Oregon Regulatory Requirements
Applicable to the Underground Storage
Tank Program, 2009.
(ii) EPA considered the following
statutes and regulations in evaluating
the State program, but did not
incorporate them by reference.
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(A) The statutory provisions include:
(1) Oregon Revised Statutes, Chapter
183, Administrative Procedures Act,
2009, insofar as the provisions and
procedures apply to the underground
storage tank program.
(2) Chapter 465, Hazardous Waste and
Hazardous Materials I (Removal or
Remedial Action: Sections 465.200–
465.482 and 465.900), insofar as these
provisions apply to matters involving an
‘‘underground storage tank’’ as that term
is defined in ORS 466.706(21), as
limited by the exclusions listed in ORS
466.710, except that the term does not
include a tank used for storing heating
oil for consumptive use on the premises
where stored. The following Sections
are part of the approved state program,
although not incorporated by reference
herein for enforcement purposes:
Sections 465.205 through 465.250,
465.257 through 465.300, 465.310
through 465.335, 465.400 through
465.435, 465.445 through 465.455 and
465.900.
(3) Chapter 466, Hazardous Waste and
Hazardous Materials II (Oil Storage
Tanks: Sections 466.706–466.920 and
Sections 466.990–466.995), insofar as
these provisions apply to matters
involving an ‘‘underground storage
tank’’ as that term is defined in ORS
466.706(21), as limited by the
exclusions listed in ORS 466.710,
except that the term does not include a
tank used for storing heating oil for
consumptive use on the premises where
stored. The following Sections are part
of the approved state program, although
not incorporated by reference herein for
enforcement purposes: Sections 466.715
through 466.735, 466.746, 466.760,
466.775 through 466.780, 466.791
through 466.810, 466.820, 466.830
through 466.845, 466.901 through
466.920 and 466.994 through 466.995.
(4) Chapter 468 Environmental
Quality Generally, insofar as these
provisions apply to matters involving an
‘‘underground storage tank’’ as that term
is defined in ORS 466.706(21), as
limited by the exclusions listed in ORS
466.710, except that the term does not
include a tank used for storing heating
oil for consumptive use on the premises
where stored. The following Sections
are part of the approved state program,
although not incorporated by reference
herein for enforcement purposes:
Sections 468.005 through 468.050,
468.090 through 468.140 and 468.963.
(B) The regulatory provisions include:
(1) Oregon Administrative Rules,
Chapter 340, Division 11: Section 340–
11–0545
(2) Oregon Administrative Rules,
Chapter 340, Division 12: Sections 340–
012–0026 through 340–012–0053, 340–
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012–0067 (with the exception of
subparagraphs (1) (k) and (l) and (2) (g)
through (j)), 340–012–0074 (with the
exception of subparagraph (1) (g)) and
340–012–0170 insofar as this applies to
violations involving an underground
storage tank.
(3) Oregon Administrative Rules,
Chapter 340, Division 122: Sections
340–122–0074 through 340–122–0079
and 340–122–0130 through 340–122–
0140.
(4) Oregon Administrative Rules,
Chapter 340, Division 142: Section 340–
142–0120.
(5) Oregon Administrative Rules,
Chapter 340, Division 150: Sections
340–150–0150 through 340–150–0152,
340–150–0250, 340–150–0600 through
340–150–0620.
(6) Oregon Code of Civil Procedure
33C
(7) Oregon Administrative Rules,
Chapter 690, Division 240, insofar as
these provisions apply to matters
involving an ‘‘underground storage
tank’’ as that term is defined in ORS
466.706(21), as limited by the
exclusions listed in ORS 466.710,
except that the term does not include a
tank used for storing heating oil for
consumptive use on the premises where
stored. The following Sections are part
of the approved state program, although
not incorporated by reference herein for
enforcement purposes: Sections 690–
240–0015, 690–240–0020, 690–240–
0055 through 690–240–0340 and 690–
240–0560 through 690–240–0640.
(iii) The following specifically
identified sections and rules applicable
to the Oregon underground storage tank
program that are broader in scope than
the federal program, are not part of the
approved program, and are not
incorporated by reference herein for
enforcement purposes.
(A) The statutory provisions include:
(1) Chapter 465, Hazardous Waste and
Hazardous Materials I (Removal or
Remedial Action): Sections 465.305;
465.340 through 465.391; 465.440; and
465.475 through 465.482.
(2) Chapter 466, Hazardous Waste and
Hazardous Materials II (Oil Storage
Tanks): Sections 466.750; 466.783
through 466.787; 466.858 through
466.882; and 466.990 through 466.992):
(3) Chapter 468, Environmental
Quality Generally: Sections 468.055
through 468.089:
(B) The regulatory provisions include:
(1) Oregon Administrative Rules,
Chapter 340: Divisions 160, 162, 163,
170, 177 and 178.
(2) Oregon Administrative Rules,
Chapter 837, Division 40.
(2) Statement of legal authority. The
Attorney General Statement, a letter
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25369
signed on June 21, 2010, though not
incorporated by reference, is referenced
as part of the approved underground
storage tank program under subtitle I of
RCRA,
42 U.S.C. 6991 et seq.
(3) Demonstration of procedures for
adequate enforcement. The
‘‘Demonstration of Procedures for
Adequate Enforcement’’ submitted as
part of the application for approval on
July 19, 2010, though not incorporated
by reference, is referenced as part of the
approved underground storage tank
program under subtitle I of RCRA, 42
U.S.C. 6991 et seq.
(4) Program Description. The program
description and any other material
submitted as part of the application on
July 19, 2010, though not incorporated
by reference, are referenced as part of
the approved underground storage tank
program under subtitle I of RCRA,
42 U.S.C. 6991 et seq.
(5) Memorandum of Agreement. The
Memorandum of Agreement between
EPA Region 10 and the Oregon
Department of Environmental Quality,
signed by the EPA, Regional
Administrator on July 11, 2011, though
not incorporated by reference, is
referenced as part of the approved
underground storage tank program
under subtitle I of RCRA, 42 U.S.C. 6991
et seq.
■ 3. Appendix A to Part 282 is amended
by adding in alphabetical order
‘‘Oregon’’ and its listing.
Appendix A to Part 282—State
Requirements Incorporated by
Reference in Part 282 of the Code of
Federal Regulations
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Oregon
(a) The statutory provisions include:
(1) Chapter 465, Hazardous Waste and
Hazardous Materials I (Removal or Remedial
Action Sections 465.200 through 465.482 and
465.900.):
465.200 Definitions for ORS 465.200 to
465.545 (except for Sections 465.200(5)
through (11) and (17) defining terms
contained in the dry cleaning requirements;
(13) ‘‘facility’’ insofar as it applies to a
facility that is not an underground storage
tank; (16) ‘‘hazardous substance’’ insofar as it
applies to hazardous wastes and any
substance that is not otherwise defined as a
hazardous substance pursuant to section
101(14) of the federal Comprehensive
Environmental Response, Compensation and
Liability Act or that is not oil; (28)
‘‘underground storage tank’’ insofar as it
includes any tank or piping that is excluded
under ORS 466.710 and also any tank used
to store heating oil for consumptive use on
the premises where stored.)
465.255 Strict liability for remedial action
costs for injury or destruction of natural
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resource; limited exclusions (except insofar
as this includes a person who is not an owner
or operator of an underground storage tank
and except insofar as the exclusions would
exclude persons who would be liable under
Section 9003(h)(6) of RCRA).
(2) Chapter 466, Hazardous Waste and
Hazardous Materials II (Oil Storage Tanks):
466.706 Definitions for ORS 466.706 to
466.882 and 466.994 (except for the
following definitions: Section 466.706(17)
‘‘regulated substance’’ insofar as it would
include substances designated by the
commission under subsection (c) that are not
included under subsections (a) and (b) of this
definition; (21) ‘‘underground storage tank’’
insofar as it includes any tank or piping that
is excluded under ORS 466.710, and any tank
used to store heating oil for consumptive use
on the premises where stored.)
466.710 Application of ORS 466.706 to
466.882 and 466.994
466.740 Noncomplying installation
prohibited
466.743 Training on operation,
maintenance and testing; rules
466.765 Duty of owner or permittee of
underground storage tank
466.770 Corrective action required on
contaminated site
466.815 Financial responsibility of owner
or permittee; rules; legislative review
466.825 Strict liability of owner or
permittee
(b) The regulatory provisions include:
(1) Oregon Administrative Rules, Chapter
340, Division 122 insofar as the following
rules apply to a release from an underground
storage tank, excluding tanks used to store
heating oil for consumptive use on the
premises where stored.
340–122–0010 Purpose
340–122–0030 Scope and Applicability
340–122–0040 Standards
340–122–0047 Generic remedies
340–122–0050 Activities
340–122–0070 Removal
340–122–0071 Site Evaluation
340–122–0072 Preliminary Assessments
340–122–0073 Confirmation of Release
340–122–0080 Remedial Investigation
340–122–0084 Risk Assessment
340–122–0085 Feasibility Study
340–122–0090 Selection or Approval of the
Remedial Action
340–122–0100 Public Notice and
Participation
340–122–0110 Administrative Record
340–122–0115 Definitions insofar as the
definition applies to an underground
storage tank, excluding tanks used to
store heating oil for consumptive use on
the premises where stored
340–122–0120 Security Interest Exemption
340–122–0205 Purpose
340–122–0210 Definitions except insofar as
the definition of ‘‘responsible person’’
includes a person who does not own or
operate an underground storage tank
340–122–0215 Scope and Applicability
340–122–0217 Requirements and
Remediation Options
340–122–0218 Sampling and Analysis
340–122–0220 Initial Response
340–122–0225 Initial Abatement Measures
and Site Check
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340–122–0230 Initial Site Characterization
340–122–0235 Free Product Removal
340–122–0240 Investigation for Magnitude
and Extent of Contamination
340–122–0243 Low-Impact Sites
340–122–0244 Risk-Based Concentrations
340–122–0250 Corrective Action Plan
340–122–0252 Generic Remedies
340–122–0260 Public Participation
340–122–0320 Soil Matrix Cleanup Options
340–122–0325 Evaluation of Matrix
Cleanup Level
340–122–0330 Evaluation Parameters
340–122–0335 Numeric Soil Cleanup
Standards
340–122–0340 Sample Number and
Location
340–122–0345 Sample Collection Methods
340–122–0355 Evaluation of Analytical
Results
340–122–0360 Reporting Requirements
Grid for OAR 340–122–0330(5)(c) and Table
for OAR 340–122–0335(2)
(2) Oregon Administrative Rules, Chapter
340, Division 142 insofar as the following
rules apply to a release from an underground
storage tank, excluding tanks used to store
heating oil for consumptive use on the
premises where stored.
340–142–0001 Purpose and Scope
340–142–0005 Definitions as Used in This
Division Unless Otherwise Specified
340–142–0030 Emergency Action
340–142–0040 Required Reporting
340–142–0050 Reportable Quantities
340–142–0060 Cleanup Standards
340–142–0070 Approval Required for Use
of Chemicals
340–142–0080 Disposal of Recovered Spill
Materials
340–142–0090 Cleanup Report
340–142–0100 Sampling/Testing
Procedures
340–142–0130 Incident Management and
Emergency Operations
(3) Oregon Administrative Rules, Chapter
340, Division 150.
340–150–0001 Purpose
340–150–0006 Applicability and General
Requirements
340–150–0008 Exemptions and Deferrals
340–150–0010 Definitions
340–150–0020 UST General Permit
Registration Certificate Required except
insofar as this provision applies to a
person who does not own or operate an
underground storage tank and except
insofar as the payment of fees is required
340–150–0021 Termination of Temporary
Permits
340–150–0052 Modification of Registration
Certificates for Changes in Ownership
and Permittee except insofar as the
payment of fees is required
340–150–0080 Denial, Suspension or
Revocation of General Permit
Registration Certificates except insofar as
this provision applies to a person who
does not own or operate an underground
storage tank
340–150–0102 Termination of Registration
Certificates
340–150–0110 UST General Permit
Registration, Annual Compliance and
Other Fees except insofar as the payment
of fees is required
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340–150–0135 General Requirements for
Owners and Permittees
340–150–0140 Requirements for Sellers of
USTs
340–150–0156 Performance of UST
Services by Owners or Permittees
340–150–0160 General Permit
Requirements for Installing an UST
System except insofar as this provision
applies to a person who does not own or
operate an underground storage tank
340–150–0163 General Permit
Requirements for Operating an UST
System except insofar as the payment of
fees is required
340–150–0166 General Permit
Requirements for Closure of an UST
System by Change-in-Service except
insofar as the payment of fees is required
340–150–0167 General Permit
Requirements for Temporary Closure of
an UST System except insofar as the
payment of fees is required
340–150–0168 General Permit
Requirements for Decommissioning an
UST System by Permanent Closure
except insofar as this provision applies
to a person who does not own or operate
an underground storage tank and except
insofar as the payment of fees is required
340–150–0180 Site Assessment
Requirements for Permanent Closure or
Change-in-Service
340–150–0200 Training Requirements for
UST System Operators and Emergency
Response Information
340–150–0210 Training Requirements for
UST Operators
340–150–0300 Installation of USTs and
Piping
340–150–0302 Installation of Used USTs
340–150–0310 Spill and Overfill Prevention
Equipment and Requirements
340–150–0320 Corrosion Protection
Performance Standards for USTs and
Piping
340–150–0325 Operation and Maintenance
of Corrosion Protection
340–150–0350 UST System Repairs
340–150–0352 UST System Modifications
and Additions
340–150–0354 UST System Replacements
340–150–0360 Requirements for Internally
Lined USTs
340–150–0400 General Release Detection
Requirements for Petroleum UST
Systems
340–150–0410 Release Detection
Requirements and Methods for
Underground Piping
340–150–0420 Release Detection
Requirements for Hazardous Substance
UST Systems
340–150–0430 Inventory Control Method of
Release Detection
340–150–0435 Statistical Inventory
Reconciliation Method of Release
Detection
340–150–0440 Manual Tank Gauging
Release Detection Method
340–150–0445 Tank Tightness Testing for
Release Detection and Investigation
340–150–0450 Automatic Tank Gauging
Release Detection Method
340–150–0455 Vapor Monitoring Release
Detection Method
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340–150–0460 Groundwater Monitoring
Release Detection Method
340–150–0465 Interstitial Monitoring
Release Detection Method
340–150–0470 Other Methods of Release
Detection
340–150–0500 Reporting Suspected
Releases
340–150–0510 Suspected Release
Investigation and Confirmation Steps
340–150–0520 Investigation Due to Off Site
Impacts
340–150–0540 Applicability to Previously
Closed UST Systems
340–150–0550 Definitions for OAR 340–
150–0555 and 340–150–0560
340–150–0555 Compliance Dates for USTs
and Piping
340–150–0560 Upgrading Requirements for
Existing UST Systems
APPENDIX A Installation of USTs and
Piping
APPENDIX B Installation of USTs and
Piping
APPENDIX C Spill and Overfill Prevention
Equipment and Requirements
APPENDIX D1 USTs Corrosion Protection
Performance Standards for USTs and
Piping
APPENDIX D2 Piping Corrosion Protection
Performance Standards for USTs and
Piping
APPENDIX E1 USTs Corrosion Protection
Performance Standards for USTs and
Piping
APPENDIX E2 Piping Corrosion Protection
Performance Standards for USTs and
Piping
APPENDIX F Corrosion Protection
Performance Standards for USTs and
Piping
APPENDIX G Operation and Maintenance
of Corrosion Protection
APPENDIX H UST System Repairs & UST
System Modifications and Additions
APPENDIX I General Release Detection
Requirements for All UST Systems
APPENDIX J General Guidance Documents
for UST Owners and Permittees
APPENDIX K Site Assessment
Requirements for Permanent Closure or
Change-in-Service
APPENDIX L Training Elements
(4) Oregon Administrative Rules, Chapter
340, Division 151
340–151–0001 Purpose
340–151–0010 Scope and Applicability
340–151–0015 Adoption and Applicability
of United States Environmental
Protection Agency Regulations
340–151–0020 Definitions
340–151–0025 Oregon-Specific Financial
Responsibility Requirements
(5) Oregon Administrative Rules, Chapter
690, Division 240, insofar as it pertains to
underground storage tanks, excluding tanks
used to store heating oil for consumptive use
on the premises where stored.
690–240–0005 Introduction
690–240–0006 Special Standards
690–240–0007 Special Area Standards
690–240–0010 Definitions
690–240–0011 Organic Materials
690–240–0012 Public Safety
690–240–0013 Wells Cannot Be Used for
Disposal of Contaminants
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690–240–0014 Water Used Must Be Potable
690–240–0016 Unattended Wells
690–240–0024 Well Identification Label
690–240–0026 Well Identification Label
Maintenance
690–240–0030 Other Holes; General
Performance and Responsibility
Requirements
690–240–0035 Geotechnical Holes: General
Performance and Responsibility
Requirements
690–240–0355 Monitoring Well Drilling
Machines
690–240–0375 Monitoring Well
Construction Notice Required (Start
Card)
690–240–0385 Start Card Reporting
Requirements
690–240–0395 Monitoring Well Report
Required (Monitoring Well Log)
690–240–0410 Monitoring Well
Construction: General
690–240–0420 Well Protection
690–240–0430 Casing
690–240–0440 Additional Standards for
Artesian Monitoring Wells
690–240–0450 Cleaning
690–240–0460 Monitoring Well Screen,
Filter Pack, and Filter Pack Seal
690–240–0475 Well Seals
690–240–0485 Monitoring Well
Development
690–240–0500 Completion of Monitoring
Wells
690–240–0510 Abandonment of Monitoring
Wells
690–240–0525 Piezometers
690–240–0540 Direct Push Monitoring
Wells and Piezometers
690–240–0550 Evidence of Failure
[FR Doc. 2012–9931 Filed 4–27–12; 8:45 am]
BILLING CODE 6560–50–P
DEPARTMENT OF TRANSPORTATION
Federal Motor Carrier Safety
Administration
49 CFR Part 375
[Docket No. FMCSA–2012–0101]
RIN 2126–AB51
Transportation of Household Goods in
Interstate Commerce; Consumer
Protection Regulations: Released
Rates of Motor Carriers of Household
Goods
Federal Motor Carrier Safety
Administration (FMCSA), DOT.
ACTION: Final rule.
AGENCY:
FMCSA harmonizes its
regulations with a recent Surface
Transportation Board (STB) order that
requires certain information about
household goods motor carrier liability
to appear on the estimates and bills of
lading that carriers must provide to
individual shippers.
SUMMARY:
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25371
This final rule is effective May
15, 2012.
ADDRESSES: Documents mentioned in
this rule are available for inspection or
copying in the docket, Docket No.
FMCSA–2012–0101 available at
www.regulations.gov, and at the Docket
Management Facility, U.S. Department
of Transportation, Ground floor, Room
W12–140, 1200 New Jersey Avenue SE.,
Washington, DC, between 9 a.m. and
5 p.m., e.t., Monday through Friday,
except Federal holidays.
FOR FURTHER INFORMATION CONTACT: Mr.
Brodie Mack, FMCSA Household Goods
Enforcement and Compliance Team
Leader, (202) 385–2400, email:
Brodie.Mack@dot.gov.
SUPPLEMENTARY INFORMATION:
DATES:
I. Legal Basis for the Rulemaking
The Secretary of Transportation’s
(Secretary) general jurisdiction to
establish regulations over transportation
of property by motor carrier is found at
49 U.S.C. 13501. Household goods
motor carriers are a subset of all
property motor carriers and are required
by 49 U.S.C. 13902 to register with
FMCSA as household goods motor
carriers.
The ICC Termination Act of 1995
(Pub. L. 104–88, 109 Stat. 803, Dec. 29,
1995) abolished the Interstate
Commerce Commission (ICC), which
previously had jurisdiction over the
commercial activities of household
goods motor carriers. Its functions
relating to household goods carriers
were split between the STB and the
Secretary. The STB was given
jurisdiction over most tariff issues,
while the Secretary was given
jurisdiction over consumer protection
matters.
The Secretary has delegated these
authorities to the FMCSA Administrator
(49 CFR 1.73(a)). This rulemaking
applies only to household goods motor
carriers that provide for-hire
transportation in interstate or foreign
commerce.
FMCSA implements this final rule
without notice and comment pursuant
to 5 U.S.C. 553(b)(B). While the
Administrative Procedure Act (APA)
normally requires issuance of a notice of
proposed rulemaking and an
opportunity for public comment, the
APA provides an exception when an
agency ‘‘for good cause finds * * * that
notice and public procedure * * * are
impracticable, unnecessary, or contrary
to the public interest.’’ 5 U.S.C.
553(b)(B). This final rule updates 49
CFR part 375 to reflect recent changes
the STB made to its requirements after
engaging in notice and comment
E:\FR\FM\30APR1.SGM
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]]>Agencies
[Federal Register Volume 77, Number 83 (Monday, April 30, 2012)]
[Rules and Regulations]
[Pages 25366-25371]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2012-9931]
-----------------------------------------------------------------------
ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 282
[EPA-R10-UST-2011-0097; FRL-9615-4]
Underground Storage Tank Program: Approved State Program for the
State of Oregon
AGENCY: Environmental Protection Agency (EPA).
ACTION: Direct final rule.
-----------------------------------------------------------------------
SUMMARY: The Resource Conservation and Recovery Act of 1976 (RCRA), as
amended, authorizes the United States Environmental Protection Agency
(EPA) to grant approval to any State to operate its underground storage
tank program in the State in lieu of the federal program. The
regulation codifies EPA's decision to approve State programs and
incorporates by reference those provisions of the State statutes and
regulations that will be subject to EPA's inspection and enforcement
authorities under sections 9005 and 9006 of RCRA subtitle I and other
applicable statutory and regulatory provisions. This rule codifies the
prior approval of Oregon's underground storage tank program and
incorporates by reference appropriate provisions of state statutes and
regulations.
DATES: This regulation is effective June 29, 2012, unless EPA publishes
a prior Federal Register document withdrawing this direct final rule.
All comments on the codification of Oregon's underground storage tank
program must be received by the close of business May 30, 2012. The
incorporation by reference of certain publications listed in the
regulations is approved by the Director of the Federal Register, as of
June 29, 2012, in accordance with 5 U.S.C. 552(a) and 1 CFR part 51.
ADDRESSES: Comments may be submitted, 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.
Email: 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.
Comments received by EPA may be inspected in the public
docket online and in the EPA Region 10 Library, 1200 Sixth Avenue,
Seattle, WA 98101, from 9 a.m. to 12 p.m. and 1 p.m. to 4 p.m., Monday
through Friday, excluding Federal holidays.
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 email. 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 email comment directly to EPA without
going through https://www.regulations.gov your email 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
[[Page 25367]]
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.
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, email: griffith.katherine@epa.gov.
SUPPLEMENTARY INFORMATION:
A. Background
Section 9004 of the Resource Conservation and Recovery Act of 1976
(RCRA), as amended, 42 U.S.C. 6991c, authorizes the United States
Environmental Protection Agency (EPA) to approve a State to operate its
underground storage tank program in the State in lieu of the federal
underground storage tank program. EPA published a Federal Register
document announcing its decision to grant approval to Oregon on
September 16, 2011, and approval was effective on September 16, 2011
(76 FR 57659).
EPA codifies its approval of State programs in 40 CFR part 282 and
incorporates by reference therein those provisions of the State
statutes and regulations that are subject to EPA's inspection and
enforcement authorities under sections 9005 and 9006 of subtitle I of
RCRA, 42 U.S.C. 6991d and 6991e, and other applicable statutory and
regulatory provisions. Today's rulemaking codifies EPA's approval of
Oregon's underground storage tank program. This codification reflects
the State program in effect at the time EPA grants Oregon approval
under section 9004, 42 U.S.C. 6991c, for its underground storage tank
program. Notice and opportunity for comment were provided earlier on
the Agency's decision to approve the Oregon program, and EPA is not now
reopening that decision nor requesting comment on it.
This effort provides clear notice to the public of the scope of the
approved program in each state. By codifying the approved Oregon
program and by amending the Code of Federal Regulations (CFR) whenever
a new or different set of requirements is approved in Oregon, the
status of federally-approved requirements of the Oregon program will be
readily discernible. Only those provisions of the Oregon underground
storage tank program EPA has approved will be incorporated by reference
for enforcement purposes.
To codify EPA's approval of Oregon's underground storage tank
program, EPA has added Sec. 282.87 to Title 40 of the CFR. Section
282.87(d)(1)(i) incorporates by reference for enforcement purposes the
State's statutes and regulations. Section 282.87 also references the
Attorney General's Statement, Demonstration of Adequate Enforcement
Procedures, the Program Description, and the Memorandum of Agreement,
which are approved as part of the underground storage tank program
under subtitle I of RCRA.
EPA retains the authority under sections 9003(h), 9005 and 9006 of
subtitle I of RCRA, 42 U.S.C. 6991b(h), 6991d and 6991e, and other
applicable statutory and regulatory provisions to undertake corrective
actions, inspections and enforcement in approved States. With respect
to such actions, EPA will rely on federal sanctions, federal inspection
authorities, and federal procedures rather than the State authorized
analogues to these provisions. Therefore, the approved Oregon
enforcement authorities will not be incorporated by reference. Section
282.87 lists those approved Oregon authorities that would fall into
this category.
The public also needs to be aware that some provisions of the
State's underground storage tank program are not part of the federally-
approved State program, because such provisions are ``broader in
scope'' than subtitle I of RCRA. See 40 CFR 281.12(a)(3)(ii). As a
result, State provisions which are ``broader in scope'' than the
federal program are not incorporated by reference for purposes of
enforcement in Part 282. Section 282.87 of the codification simply
lists for reference and clarity the Oregon statutory and regulatory
provisions which are ``broader in scope'' than the federal program and
which are not, therefore, part of the approved program being codified
today. ``Broader in scope'' provisions cannot be enforced by EPA; the
State, however, will continue to implement and enforce such provisions.
B. Statutory and Executive Order Review
This final 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 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.
3. Regulatory Flexibility Act
After considering the economic impacts of today's rule on small
entities under the Regulatory Flexibility Act, I certify that this rule
will not have a significant economic impact on a substantial number of
small entities 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.
4. Unfunded Mandates Reform Act
Because today's rulemaking codifies pre-existing requirements under
Oregon state law and does not impose any additional enforceable duty
beyond that required by Oregon state law, it does not contain any
unfunded mandate or significantly or uniquely affect small governments,
as described in the Unfunded Mandates Reform Act.
5. Executive Order 13132: Federalism
Executive Order 13132 does not apply to this rule because this
final 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.
[[Page 25368]]
6. Executive Order 13175: Consultation and Coordination With Indian
Tribal Governments
Executive Order 13175 does not apply because this rule does not
have tribal implications (i.e., substantial direct effects on one or
more Indian tribes, on the relationship between the Federal Government
and Indian tribes, or on the distribution of power and responsibilities
between the Federal Government and Indian tribes). EPA retains its
authority in Indian Country.
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 will codify a
state program.
8. Executive Order 13211: Actions That Significantly Affect Energy
Supply, Distribution, or Use
This rule is not subject to Executive Order 13211 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''), (15 U.S.C. 272), 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, the NTTAA does not
apply.
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 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 codifies pre-existing State rules which
are no less stringent than existing Federal requirements.
11. 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 282
Environmental protection, Hazardous substances, Incorporation by
reference, Intergovernmental relations, State program approval,
Underground storage tanks and Water pollution control.
Authority: This document is issued under the authority of
Section 9004 of the Resource Conservation and Recovery Act of 1976
(RCRA), as amended, 42 U.S.C. 6991c.
Dated: April 10, 2012.
Dennis J. McLerran,
Regional Administrator, Region 10.
For the reasons set forth in the preamble, 40 CFR part 282 is
amended as follows:
PART 282--APPROVED UNDERGROUND STORAGE TANK PROGRAMS
0
1. The authority citation for part 282 continues to read as follows:
Authority: 42 U.S.C. 6912, 6991c, 6991d, and 6991e.
Subpart B--Approved State Programs
0
2. Add Sec. 282.87 to subpart B to read as follows:
Sec. 282.87 Oregon State-Administered Program.
(a) The State of Oregon is approved to administer and enforce an
underground storage tank program in lieu of the federal program under
subtitle I of the Resource Conservation and Recovery Act of 1976
(RCRA), as amended, 42 U.S.C. 6991 et seq. The State's program, as
administered by the Oregon Department of Environmental Quality, was
approved by EPA pursuant to 42 U.S.C. 6991c and Part 281 of this
Chapter. EPA published the notice of final determination approving the
Oregon underground storage tank program on September 16, 2011, and it
became effective on that date.
(b) Oregon has primary responsibility for enforcing its underground
storage tank program. However, EPA retains the authority to exercise
its corrective action, inspection and enforcement authorities under
sections 9003(h), 9005 and 9006 of subtitle I of RCRA, 42 U.S.C.
6991b(h), 6991d and 6991e, as well as its authority under other
statutory and regulatory provisions.
(c) To retain program approval, Oregon must revise its approved
program to adopt new changes to the federal subtitle I program which
make it more stringent, in accordance with section 9004 of RCRA, 42
U.S.C. 6991c, and 40 CFR part 281, subpart E. If Oregon obtains
approval for the revised requirements pursuant to section 9004 of RCRA,
42 U.S.C. 6991c, the newly approved statutory and regulatory provisions
will be added to this subpart and notice of any change will be
published in the Federal Register.
(d) Oregon has final approval for the following elements submitted
to EPA in its program application as of September 16, 2011.
(1) State statutes and regulations. (i) The provisions cited in
this paragraph are incorporated by reference as part of the underground
storage tank program under subtitle I of RCRA, 42 U.S.C. 6991 et seq.
with the approval of the Director of the Federal Register under 5
U.S.C. 552(a) and 1 CFR Part 51. To enforce any edition other than that
specified in this section, the Environmental Protection Agency must
publish notice of change in the Federal Register and the material must
be available to the public. All approved material is available for
inspection at the National Archives and Records Administration (NARA).
For information on the availability of the material at NARA, call 202-
741-6030 or go to https://www.archives.gov/federal_register/code_of_federal_regulations/ibr_locations.html. Copies of Oregon's program
application may be obtained from the Underground Storage Tank Program,
Oregon Department of Environmental Quality, 811 SW Sixth Avenue,
Portland, Oregon, 97204.
(A) Oregon Statutory Requirements Applicable to the Underground
Storage Tank Program, 2009.
(B) Oregon Regulatory Requirements Applicable to the Underground
Storage Tank Program, 2009.
(ii) EPA considered the following statutes and regulations in
evaluating the State program, but did not incorporate them by
reference.
[[Page 25369]]
(A) The statutory provisions include:
(1) Oregon Revised Statutes, Chapter 183, Administrative Procedures
Act, 2009, insofar as the provisions and procedures apply to the
underground storage tank program.
(2) Chapter 465, Hazardous Waste and Hazardous Materials I (Removal
or Remedial Action: Sections 465.200-465.482 and 465.900), insofar as
these provisions apply to matters involving an ``underground storage
tank'' as that term is defined in ORS 466.706(21), as limited by the
exclusions listed in ORS 466.710, except that the term does not include
a tank used for storing heating oil for consumptive use on the premises
where stored. The following Sections are part of the approved state
program, although not incorporated by reference herein for enforcement
purposes: Sections 465.205 through 465.250, 465.257 through 465.300,
465.310 through 465.335, 465.400 through 465.435, 465.445 through
465.455 and 465.900.
(3) Chapter 466, Hazardous Waste and Hazardous Materials II (Oil
Storage Tanks: Sections 466.706-466.920 and Sections 466.990-466.995),
insofar as these provisions apply to matters involving an ``underground
storage tank'' as that term is defined in ORS 466.706(21), as limited
by the exclusions listed in ORS 466.710, except that the term does not
include a tank used for storing heating oil for consumptive use on the
premises where stored. The following Sections are part of the approved
state program, although not incorporated by reference herein for
enforcement purposes: Sections 466.715 through 466.735, 466.746,
466.760, 466.775 through 466.780, 466.791 through 466.810, 466.820,
466.830 through 466.845, 466.901 through 466.920 and 466.994 through
466.995.
(4) Chapter 468 Environmental Quality Generally, insofar as these
provisions apply to matters involving an ``underground storage tank''
as that term is defined in ORS 466.706(21), as limited by the
exclusions listed in ORS 466.710, except that the term does not include
a tank used for storing heating oil for consumptive use on the premises
where stored. The following Sections are part of the approved state
program, although not incorporated by reference herein for enforcement
purposes: Sections 468.005 through 468.050, 468.090 through 468.140 and
468.963.
(B) The regulatory provisions include:
(1) Oregon Administrative Rules, Chapter 340, Division 11: Section
340-11-0545
(2) Oregon Administrative Rules, Chapter 340, Division 12: Sections
340-012-0026 through 340-012-0053, 340-012-0067 (with the exception of
subparagraphs (1) (k) and (l) and (2) (g) through (j)), 340-012-0074
(with the exception of subparagraph (1) (g)) and 340-012-0170 insofar
as this applies to violations involving an underground storage tank.
(3) Oregon Administrative Rules, Chapter 340, Division 122:
Sections 340-122-0074 through 340-122-0079 and 340-122-0130 through
340-122-0140.
(4) Oregon Administrative Rules, Chapter 340, Division 142: Section
340-142-0120.
(5) Oregon Administrative Rules, Chapter 340, Division 150:
Sections 340-150-0150 through 340-150-0152, 340-150-0250, 340-150-0600
through 340-150-0620.
(6) Oregon Code of Civil Procedure 33C
(7) Oregon Administrative Rules, Chapter 690, Division 240, insofar
as these provisions apply to matters involving an ``underground storage
tank'' as that term is defined in ORS 466.706(21), as limited by the
exclusions listed in ORS 466.710, except that the term does not include
a tank used for storing heating oil for consumptive use on the premises
where stored. The following Sections are part of the approved state
program, although not incorporated by reference herein for enforcement
purposes: Sections 690-240-0015, 690-240-0020, 690-240-0055 through
690-240-0340 and 690-240-0560 through 690-240-0640.
(iii) The following specifically identified sections and rules
applicable to the Oregon underground storage tank program that are
broader in scope than the federal program, are not part of the approved
program, and are not incorporated by reference herein for enforcement
purposes.
(A) The statutory provisions include:
(1) Chapter 465, Hazardous Waste and Hazardous Materials I (Removal
or Remedial Action): Sections 465.305; 465.340 through 465.391;
465.440; and 465.475 through 465.482.
(2) Chapter 466, Hazardous Waste and Hazardous Materials II (Oil
Storage Tanks): Sections 466.750; 466.783 through 466.787; 466.858
through 466.882; and 466.990 through 466.992):
(3) Chapter 468, Environmental Quality Generally: Sections 468.055
through 468.089:
(B) The regulatory provisions include:
(1) Oregon Administrative Rules, Chapter 340: Divisions 160, 162,
163, 170, 177 and 178.
(2) Oregon Administrative Rules, Chapter 837, Division 40.
(2) Statement of legal authority. The Attorney General Statement, a
letter signed on June 21, 2010, though not incorporated by reference,
is referenced as part of the approved underground storage tank program
under subtitle I of RCRA, 42 U.S.C. 6991 et seq.
(3) Demonstration of procedures for adequate enforcement. The
``Demonstration of Procedures for Adequate Enforcement'' submitted as
part of the application for approval on July 19, 2010, though not
incorporated by reference, is referenced as part of the approved
underground storage tank program under subtitle I of RCRA, 42 U.S.C.
6991 et seq.
(4) Program Description. The program description and any other
material submitted as part of the application on July 19, 2010, though
not incorporated by reference, are referenced as part of the approved
underground storage tank program under subtitle I of RCRA, 42 U.S.C.
6991 et seq.
(5) Memorandum of Agreement. The Memorandum of Agreement between
EPA Region 10 and the Oregon Department of Environmental Quality,
signed by the EPA, Regional Administrator on July 11, 2011, though not
incorporated by reference, is referenced as part of the approved
underground storage tank program under subtitle I of RCRA, 42 U.S.C.
6991 et seq.
0
3. Appendix A to Part 282 is amended by adding in alphabetical order
``Oregon'' and its listing.
Appendix A to Part 282--State Requirements Incorporated by Reference in
Part 282 of the Code of Federal Regulations
* * * * *
Oregon
(a) The statutory provisions include:
(1) Chapter 465, Hazardous Waste and Hazardous Materials I
(Removal or Remedial Action Sections 465.200 through 465.482 and
465.900.):
465.200 Definitions for ORS 465.200 to 465.545 (except for
Sections 465.200(5) through (11) and (17) defining terms contained
in the dry cleaning requirements; (13) ``facility'' insofar as it
applies to a facility that is not an underground storage tank; (16)
``hazardous substance'' insofar as it applies to hazardous wastes
and any substance that is not otherwise defined as a hazardous
substance pursuant to section 101(14) of the federal Comprehensive
Environmental Response, Compensation and Liability Act or that is
not oil; (28) ``underground storage tank'' insofar as it includes
any tank or piping that is excluded under ORS 466.710 and also any
tank used to store heating oil for consumptive use on the premises
where stored.)
465.255 Strict liability for remedial action costs for injury or
destruction of natural
[[Page 25370]]
resource; limited exclusions (except insofar as this includes a
person who is not an owner or operator of an underground storage
tank and except insofar as the exclusions would exclude persons who
would be liable under Section 9003(h)(6) of RCRA).
(2) Chapter 466, Hazardous Waste and Hazardous Materials II (Oil
Storage Tanks):
466.706 Definitions for ORS 466.706 to 466.882 and 466.994
(except for the following definitions: Section 466.706(17)
``regulated substance'' insofar as it would include substances
designated by the commission under subsection (c) that are not
included under subsections (a) and (b) of this definition; (21)
``underground storage tank'' insofar as it includes any tank or
piping that is excluded under ORS 466.710, and any tank used to
store heating oil for consumptive use on the premises where stored.)
466.710 Application of ORS 466.706 to 466.882 and 466.994
466.740 Noncomplying installation prohibited
466.743 Training on operation, maintenance and testing; rules
466.765 Duty of owner or permittee of underground storage tank
466.770 Corrective action required on contaminated site
466.815 Financial responsibility of owner or permittee; rules;
legislative review
466.825 Strict liability of owner or permittee
(b) The regulatory provisions include:
(1) Oregon Administrative Rules, Chapter 340, Division 122
insofar as the following rules apply to a release from an
underground storage tank, excluding tanks used to store heating oil
for consumptive use on the premises where stored.
340-122-0010 Purpose
340-122-0030 Scope and Applicability
340-122-0040 Standards
340-122-0047 Generic remedies
340-122-0050 Activities
340-122-0070 Removal
340-122-0071 Site Evaluation
340-122-0072 Preliminary Assessments
340-122-0073 Confirmation of Release
340-122-0080 Remedial Investigation
340-122-0084 Risk Assessment
340-122-0085 Feasibility Study
340-122-0090 Selection or Approval of the Remedial Action
340-122-0100 Public Notice and Participation
340-122-0110 Administrative Record
340-122-0115 Definitions insofar as the definition applies to an
underground storage tank, excluding tanks used to store heating oil
for consumptive use on the premises where stored
340-122-0120 Security Interest Exemption
340-122-0205 Purpose
340-122-0210 Definitions except insofar as the definition of
``responsible person'' includes a person who does not own or operate
an underground storage tank
340-122-0215 Scope and Applicability
340-122-0217 Requirements and Remediation Options
340-122-0218 Sampling and Analysis
340-122-0220 Initial Response
340-122-0225 Initial Abatement Measures and Site Check
340-122-0230 Initial Site Characterization
340-122-0235 Free Product Removal
340-122-0240 Investigation for Magnitude and Extent of Contamination
340-122-0243 Low-Impact Sites
340-122-0244 Risk-Based Concentrations
340-122-0250 Corrective Action Plan
340-122-0252 Generic Remedies
340-122-0260 Public Participation
340-122-0320 Soil Matrix Cleanup Options
340-122-0325 Evaluation of Matrix Cleanup Level
340-122-0330 Evaluation Parameters
340-122-0335 Numeric Soil Cleanup Standards
340-122-0340 Sample Number and Location
340-122-0345 Sample Collection Methods
340-122-0355 Evaluation of Analytical Results
340-122-0360 Reporting Requirements
Grid for OAR 340-122-0330(5)(c) and Table for OAR 340-122-0335(2)
(2) Oregon Administrative Rules, Chapter 340, Division 142
insofar as the following rules apply to a release from an
underground storage tank, excluding tanks used to store heating oil
for consumptive use on the premises where stored.
340-142-0001 Purpose and Scope
340-142-0005 Definitions as Used in This Division Unless Otherwise
Specified
340-142-0030 Emergency Action
340-142-0040 Required Reporting
340-142-0050 Reportable Quantities
340-142-0060 Cleanup Standards
340-142-0070 Approval Required for Use of Chemicals
340-142-0080 Disposal of Recovered Spill Materials
340-142-0090 Cleanup Report
340-142-0100 Sampling/Testing Procedures
340-142-0130 Incident Management and Emergency Operations
(3) Oregon Administrative Rules, Chapter 340, Division 150.
340-150-0001 Purpose
340-150-0006 Applicability and General Requirements
340-150-0008 Exemptions and Deferrals
340-150-0010 Definitions
340-150-0020 UST General Permit Registration Certificate Required
except insofar as this provision applies to a person who does not
own or operate an underground storage tank and except insofar as the
payment of fees is required
340-150-0021 Termination of Temporary Permits
340-150-0052 Modification of Registration Certificates for Changes
in Ownership and Permittee except insofar as the payment of fees is
required
340-150-0080 Denial, Suspension or Revocation of General Permit
Registration Certificates except insofar as this provision applies
to a person who does not own or operate an underground storage tank
340-150-0102 Termination of Registration Certificates
340-150-0110 UST General Permit Registration, Annual Compliance and
Other Fees except insofar as the payment of fees is required
340-150-0135 General Requirements for Owners and Permittees
340-150-0140 Requirements for Sellers of USTs
340-150-0156 Performance of UST Services by Owners or Permittees
340-150-0160 General Permit Requirements for Installing an UST
System except insofar as this provision applies to a person who does
not own or operate an underground storage tank
340-150-0163 General Permit Requirements for Operating an UST System
except insofar as the payment of fees is required
340-150-0166 General Permit Requirements for Closure of an UST
System by Change-in-Service except insofar as the payment of fees is
required
340-150-0167 General Permit Requirements for Temporary Closure of an
UST System except insofar as the payment of fees is required
340-150-0168 General Permit Requirements for Decommissioning an UST
System by Permanent Closure except insofar as this provision applies
to a person who does not own or operate an underground storage tank
and except insofar as the payment of fees is required
340-150-0180 Site Assessment Requirements for Permanent Closure or
Change-in-Service
340-150-0200 Training Requirements for UST System Operators and
Emergency Response Information
340-150-0210 Training Requirements for UST Operators
340-150-0300 Installation of USTs and Piping
340-150-0302 Installation of Used USTs
340-150-0310 Spill and Overfill Prevention Equipment and
Requirements
340-150-0320 Corrosion Protection Performance Standards for USTs and
Piping
340-150-0325 Operation and Maintenance of Corrosion Protection
340-150-0350 UST System Repairs
340-150-0352 UST System Modifications and Additions
340-150-0354 UST System Replacements
340-150-0360 Requirements for Internally Lined USTs
340-150-0400 General Release Detection Requirements for Petroleum
UST Systems
340-150-0410 Release Detection Requirements and Methods for
Underground Piping
340-150-0420 Release Detection Requirements for Hazardous Substance
UST Systems
340-150-0430 Inventory Control Method of Release Detection
340-150-0435 Statistical Inventory Reconciliation Method of Release
Detection
340-150-0440 Manual Tank Gauging Release Detection Method
340-150-0445 Tank Tightness Testing for Release Detection and
Investigation
340-150-0450 Automatic Tank Gauging Release Detection Method
340-150-0455 Vapor Monitoring Release Detection Method
[[Page 25371]]
340-150-0460 Groundwater Monitoring Release Detection Method
340-150-0465 Interstitial Monitoring Release Detection Method
340-150-0470 Other Methods of Release Detection
340-150-0500 Reporting Suspected Releases
340-150-0510 Suspected Release Investigation and Confirmation Steps
340-150-0520 Investigation Due to Off Site Impacts
340-150-0540 Applicability to Previously Closed UST Systems
340-150-0550 Definitions for OAR 340-150-0555 and 340-150-0560
340-150-0555 Compliance Dates for USTs and Piping
340-150-0560 Upgrading Requirements for Existing UST Systems
APPENDIX A Installation of USTs and Piping
APPENDIX B Installation of USTs and Piping
APPENDIX C Spill and Overfill Prevention Equipment and Requirements
APPENDIX D1 USTs Corrosion Protection Performance Standards for USTs
and Piping
APPENDIX D2 Piping Corrosion Protection Performance Standards for
USTs and Piping
APPENDIX E1 USTs Corrosion Protection Performance Standards for USTs
and Piping
APPENDIX E2 Piping Corrosion Protection Performance Standards for
USTs and Piping
APPENDIX F Corrosion Protection Performance Standards for USTs and
Piping
APPENDIX G Operation and Maintenance of Corrosion Protection
APPENDIX H UST System Repairs & UST System Modifications and
Additions
APPENDIX I General Release Detection Requirements for All UST
Systems
APPENDIX J General Guidance Documents for UST Owners and Permittees
APPENDIX K Site Assessment Requirements for Permanent Closure or
Change-in-Service
APPENDIX L Training Elements
(4) Oregon Administrative Rules, Chapter 340, Division 151
340-151-0001 Purpose
340-151-0010 Scope and Applicability
340-151-0015 Adoption and Applicability of United States
Environmental Protection Agency Regulations
340-151-0020 Definitions
340-151-0025 Oregon-Specific Financial Responsibility Requirements
(5) Oregon Administrative Rules, Chapter 690, Division 240,
insofar as it pertains to underground storage tanks, excluding tanks
used to store heating oil for consumptive use on the premises where
stored.
690-240-0005 Introduction
690-240-0006 Special Standards
690-240-0007 Special Area Standards
690-240-0010 Definitions
690-240-0011 Organic Materials
690-240-0012 Public Safety
690-240-0013 Wells Cannot Be Used for Disposal of Contaminants
690-240-0014 Water Used Must Be Potable
690-240-0016 Unattended Wells
690-240-0024 Well Identification Label
690-240-0026 Well Identification Label Maintenance
690-240-0030 Other Holes; General Performance and Responsibility
Requirements
690-240-0035 Geotechnical Holes: General Performance and
Responsibility Requirements
690-240-0355 Monitoring Well Drilling Machines
690-240-0375 Monitoring Well Construction Notice Required (Start
Card)
690-240-0385 Start Card Reporting Requirements
690-240-0395 Monitoring Well Report Required (Monitoring Well Log)
690-240-0410 Monitoring Well Construction: General
690-240-0420 Well Protection
690-240-0430 Casing
690-240-0440 Additional Standards for Artesian Monitoring Wells
690-240-0450 Cleaning
690-240-0460 Monitoring Well Screen, Filter Pack, and Filter Pack
Seal
690-240-0475 Well Seals
690-240-0485 Monitoring Well Development
690-240-0500 Completion of Monitoring Wells
690-240-0510 Abandonment of Monitoring Wells
690-240-0525 Piezometers
690-240-0540 Direct Push Monitoring Wells and Piezometers
690-240-0550 Evidence of Failure
[FR Doc. 2012-9931 Filed 4-27-12; 8:45 am]
BILLING CODE 6560-50-P
