Hawaii: Proposed Authorization of Underground Storage Tank Program Revisions, 49611-49615 [2020-17180]
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Federal Register / Vol. 85, No. 158 / Friday, August 14, 2020 / Proposed Rules
decisions on the proposal. Comments
are specifically invited on the overall
regulatory, aeronautical, economic,
environmental, and energy-related
aspects of the proposal.
Communications should identify both
docket numbers and be submitted in
triplicate to the address listed above.
Commenters wishing the FAA to
acknowledge receipt of their comments
on this notice must submit with those
comments a self-addressed, stamped
postcard on which the following
statement is made: ‘‘Comments to
Docket No. FAA–2020–0730/Airspace
Docket No. 20–ASO–20.’’ The postcard
will be date/time stamped and returned
to the commenter.
All communications received before
the specified closing date for comments
will be considered before taking action
on the proposed rule. The proposal
contained in this notice may be changed
in light of the comments received. A
report summarizing each substantive
public contact with FAA personnel
concerned with this rulemaking will be
filed in the docket.
Availability of NPRMs
An electronic copy of this document
may be downloaded through the
internet at https://www.regulations.gov.
Recently published rulemaking
documents can also be accessed through
the FAA’s web page at https://
www.faa.gov/air_traffic/publications/
airspace_amendments/.
You may review the public docket
containing the proposal, any comments
received, and any final disposition in
person in the Dockets Office (see the
ADDRESSES section for the address and
phone number) between 9:00 a.m. and
5:00 p.m., Monday through Friday,
except federal holidays. An informal
docket may also be examined during
normal business hours at the Federal
Aviation Administration, Air Traffic
Organization, Central Service Center,
Operations Support Group, 10101
Hillwood Parkway, Fort Worth, TX
76177.
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Availability and Summary of
Documents for Incorporation by
Reference
This document proposes to amend
FAA Order 7400.11D, Airspace
Designations and Reporting Points,
dated August 8, 2019, and effective
September 15, 2019. FAA Order
7400.11D is publicly available as listed
in the ADDRESSES section of this
document. FAA Order 7400.11D lists
Class A, B, C, D, and E airspace areas,
air traffic service routes, and reporting
points.
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The Proposal
The FAA is proposing an amendment
to Title 14 Code of Federal Regulations
(14 CFR) part 71 by amending the Class
E airspace extending upward from 700
feet above the surface to within a 6.5mile radius (increased from a 6.4-mile
radius) of Ohio County Airport,
Hartford, KY; and updating the
geographic coordinates of the airport to
coincide with the FAA’s aeronautical
database.
This action is the result of an airspace
review caused by the decommissioning
of the Central City VOR, which
provided navigation information for the
instrument procedures at this airport, as
part of the VOR MON Program.
Class E airspace designations are
published in paragraph 6005 of FAA
Order 7400.11D, dated August 8, 2019,
and effective September 15, 2019, which
is incorporated by reference in 14 CFR
71.1. The Class E airspace designations
listed in this document will be
published subsequently in the Order.
FAA Order 7400.11, Airspace
Designations and Reporting Points, is
published yearly and effective on
September 15.
Regulatory Notices and Analyses
The FAA has determined that this
regulation only involves an established
body of technical regulations for which
frequent and routine amendments are
necessary to keep them operationally
current, is non-controversial and
unlikely to result in adverse or negative
comments. It, therefore: (1) Is not a
‘‘significant regulatory action’’ under
Executive Order 12866; (2) is not a
‘‘significant rule’’ under DOT
Regulatory Policies and Procedures (44
FR 11034; February 26, 1979); and (3)
does not warrant preparation of a
regulatory evaluation as the anticipated
impact is so minimal. Since this is a
routine matter that will only affect air
traffic procedures and air navigation, it
is certified that this rule, when
promulgated, would not have a
significant economic impact on a
substantial number of small entities
under the criteria of the Regulatory
Flexibility Act.
Environmental Review
This proposal will be subject to an
environmental analysis in accordance
with FAA Order 1050.1F,
‘‘Environmental Impacts: Policies and
Procedures’’ prior to any FAA final
regulatory action.
List of Subjects in 14 CFR Part 71
Airspace, Incorporation by reference,
Navigation (air).
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The Proposed Amendment
Accordingly, pursuant to the
authority delegated to me, the Federal
Aviation Administration proposes to
amend 14 CFR part 71 as follows:
PART 71—DESIGNATION OF CLASS A,
B, C, D, AND E AIRSPACE AREAS; AIR
TRAFFIC SERVICE ROUTES; AND
REPORTING POINTS
1. The authority citation for 14 CFR
part 71 continues to read as follows:
■
Authority: 49 U.S.C. 106(f), 106(g); 40103,
40113, 40120; E.O. 10854, 24 FR 9565, 3 CFR,
1959–1963 Comp., p. 389.
§ 71.1
[Amended]
2. The incorporation by reference in
14 CFR 71.1 of FAA Order 7400.11D,
Airspace Designations and Reporting
Points, dated August 8, 2019, and
effective September 15, 2019, is
amended as follows:
■
Paragraph 6005 Class E Airspace Areas
Extending Upward From 700 Feet or More
Above the Surface of the Earth.
*
*
*
*
*
ASO KY E5 Hartford, KY [Amdended]
Ohio County Airport
(Lat. 37°27′31″ N, long. 86°50′59″ W)
That airspace extending upward from 700
feet or more above the surface within a 6.5mile radius of Ohio County Airport.
Issued in Fort Worth, Texas, on August 10,
2020.
Steven T. Phillips,
Acting Manager, Operations Support Group,
ATO Central Service Center.
[FR Doc. 2020–17760 Filed 8–13–20; 8:45 am]
BILLING CODE 4910–13–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 281
[EPA–R09–UST–2020–0258; FRL–10013–
09–Region 9]
Hawaii: Proposed Authorization of
Underground Storage Tank Program
Revisions
Environmental Protection
Agency (EPA).
ACTION: Proposed rule.
AGENCY:
Hawaii has applied to the
Environmental Protection Agency (EPA)
for updated authorization of changes
made to its underground storage tank
(UST) program under the Resource
Conservation and Recovery Act (RCRA),
as amended, since the previous
authorization of Hawaii’s UST program
in September 2002. The EPA has
reviewed Hawaii’s application and has
SUMMARY:
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tentatively determined that these
changes satisfy all requirements needed
to qualify for the requested updated
authorization. Therefore, we are
proposing to authorize the State’s
changes. The EPA seeks public
comment prior to taking final action.
DATES: Comments must be received on
or before September 14, 2020.
ADDRESSES: Submit your comments,
identified by Docket ID No. EPA–R09–
UST–2020–0258 at https://
www.regulations.gov or via email to
pallarino.bob@epa.gov. For comments
submitted at https://
www.regulations.gov, follow the online
instructions for submitting comments.
Once submitted, comments cannot be
edited or removed from https://
www.regulations.gov. For either manner
of submission, the EPA may publish any
comment received to its public docket.
Do not submit electronically any
information you consider to be
Confidential Business Information (CBI)
or other information whose disclosure is
restricted by statute. Multimedia
submissions (audio, video, etc.) must be
accompanied by a written comment.
The written comment is considered the
official comment and should include
discussion of all points you wish to
make. The EPA will generally not
consider comments or comment
contents located outside of the primary
submission (i.e., on the web, cloud, or
other file sharing system). For
additional submission methods, please
contact the person identified in the FOR
FURTHER INFORMATION CONTACT section.
For the full EPA public comment policy,
information about CBI or multimedia
submissions, and general guidance on
making effective comments, please visit
https://www.epa.gov/dockets/
commenting-epa-dockets. Publicly
available docket materials are available
at https://www.regulations.gov. We
encourage electronic submittals but if
you are unable to submit electronically,
need assistance in a language other than
English, are a person with disabilities
who needs a reasonable accommodation
at no cost to you, or need other
assistance, please reach out to the
person identified in the FOR FURTHER
INFORMATION CONTACT section.
The federal www.regulations.gov
website is an ‘‘anonymous access’’
system, which means EPA will not
know your identity or contact
information unless you provide it in the
body of your comment. If you send an
email comment directly to the EPA
without going through
www.regulations.gov, your email
address will be automatically captured
and included as part of the comment
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that is placed in the public docket and
made available on the internet. If you
submit an electronic comment, the EPA
recommends that you include your
name and other contact information in
the body of your comment and with any
disk or CD–ROM you submit. If the EPA
cannot read your comment due to
technical difficulties and cannot contact
you for clarification, the EPA may not
be able to consider your comment.
Electronic files should avoid the use of
special characters, any form of
encryption, and be free of any defects or
viruses.
FOR FURTHER INFORMATION CONTACT:
Robert Pallarino, Project Officer,
Underground Storage Tank Program
Office, LND–4–3, U.S. EPA Region 9, 75
Hawthorne Street, San Francisco, CA
94105, pallarino.bob@epa.gov, (415)
947–4128.
SUPPLEMENTARY INFORMATION:
A. Why are State programs approved?
Section 9004 of RCRA, 42 U.S.C.
6991c, authorizes the EPA to approve
State UST programs to operate in the
State in lieu of the federal UST program,
subject to the authority retained by the
EPA in accordance with RCRA. Program
approval may be granted by the EPA
pursuant to RCRA section 9004(b), if the
EPA finds that the State program: (1) Is
‘‘no less stringent’’ than the federal
program for the seven elements set forth
at RCRA section 9004(a)(1) through (7);
(2) includes the notification
requirements of RCRA section
9004(a)(8); and (3) provides for adequate
enforcement of compliance with UST
standards of RCRA section 9004(a). Note
that RCRA sections 9005 (on
information-gathering) and 9006 (on
federal enforcement) by their terms
apply even in states with programs
approved by the EPA under RCRA
section 9004. Thus, the EPA 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 EPA will rely
on federal sanctions, federal inspection
authorities, and federal procedures
rather than the state authorized
analogues to these provisions.
B. Why are revisions to state programs
necessary?
States that have received final
approval from the EPA under RCRA
section 9004(b) of RCRA, 42 U.S.C.
6991c(b), must maintain an UST
program that is equivalent to, consistent
with, and no less stringent than the
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Federal UST program. When the EPA
makes revisions to the regulations that
govern the UST program, states must
revise their programs to comply with
the updated regulations and submit
these revisions to the EPA for approval.
Changes to state UST programs may be
necessary when Federal or State
statutory or regulatory authority is
modified or when certain other changes
occur. Most commonly, States must
change their programs because of
changes to the EPA’s regulations in 40
Code of Federal Regulations (CFR) part
280. States can also initiate changes on
their own to their UST program and
these changes must then be approved by
the EPA.
C. What decisions has the EPA made in
this proposed rule?
On October 8, 2018, in accordance
with 40 CFR 281.51(a), Hawaii
submitted a complete program revision
application seeking approval for its UST
program revisions corresponding to the
EPA final rule published on July 15,
2015 (80 FR 41566), which finalized
revisions to the 1988 UST regulation
and to the 1988 state program approval
(SPA) regulation. As required by 40 CFR
281.20, the State submitted the
following: A transmittal letter from the
Governor requesting approval, a
description of the program and
operating procedures, a demonstration
of the State’s procedures to ensure
adequate enforcement, a Memorandum
of Agreement outlining the roles and
responsibilities of the EPA and the
implementing agency, a statement of
certification from the Attorney General,
and copies of all relevant State statutes
and regulations. The EPA has reviewed
the Hawaii application for updated UST
Program authorization and has
tentatively determined that the revisions
to Hawaii’s UST program are equivalent
to, consistent with, and no less stringent
than the corresponding federal
requirements in Subpart C of 40 CFR
part 281, and that the Hawaii program
provides for adequate enforcement of
compliance (40 CFR 281.11(b)).
Therefore, the EPA is proposing to grant
Hawaii approval to operate its UST
program with the changes described in
the program revision application as
outlined below.
The EPA will consider all public
comments on its proposed approval
received in writing during the public
comment period. Issues raised by those
comments may be the basis for a
decision to deny final approval to
Hawaii’s request for updated
authorization. The EPA will make a
final decision on whether to approve the
subject changes to Hawaii’s program
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after the close of the public comment
period and will give notice of it in the
Federal Register. The document will
include a summary of the reasons for
the final determination and a response
to all major comments.
D. What is the effect of this action?
This action does not impose
additional requirements on the
regulated community because the
requirements that are the subject of this
proposed rule are already effective in
the State of Hawaii, and they are not
changed by this action. This action
merely proposes approval of the existing
State requirements as meeting the
federal requirements and would thereby
render them federally enforceable.
E. What happens if the EPA receives
comments that oppose this action?
If the EPA receives comments on this
proposed action, we will address all
such comments in a later final rule. You
are unlikely to have another opportunity
to comment. If you want to comment on
this proposed authorization, you should
do so at this time.
F. What has Hawaii previously been
authorized for?
Hawaii initially received final
authorization on September 25, 2002,
effective September 30, 2002 (67 FR
60161) to implement the UST program.
On September 17, 2008, the EPA
codified the approved Hawaii program
that is subject to the EPA’s inspection
and enforcement authorities under
RCRA sections 9005 and 9006, 42 U.S.C.
6991d and 6991e, and other applicable
statutory and regulatory provisions (73
FR 53742).
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G. What changes are we proposing with
today’s action?
In order to be approved, each state
program application must meet the
general requirements in 40 CFR 281.11,
and specific requirements in 40 CFR 281
Subpart B (Components of a Program
Application); Subpart C (Criteria for No
Less Stringent); and Subpart D
(Adequate Enforcement of Compliance).
This also is true for proposed revisions
to approved state programs.
As more fully described below, the
State has made the changes to its
approved UST program to reflect the
2015 Federal Revisions. The EPA is
proposing to approve the State’s
changes because they are equivalent to,
consistent with, and no less stringent
than the federal UST program and
because the EPA has confirmed that the
Hawaii UST program will continue to
provide for adequate enforcement of
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compliance, as required by 40 CFR
281.11(b) and part 281, Subpart D.
The Hawaii Department of Health
(HDOH) is the lead implementing
agency for the UST program in Hawaii.
The HDOH continues to have broad
statutory authority to regulate the
installation, operation, maintenance,
and closure of USTs, as well as UST
releases under Hawaii Revised Statutes
(HRS) 342L–1 through 342L–53. The
Hawaii UST Program gets its
enforcement authority from the powers
and duties of the HDOH Director
(Director) found in HRS 342L–8. Under
HRS 342L–7 the Director is authorized
to require an owner to furnish records,
conduct monitoring or testing, and
provide access to tanks. Under the
powers granted to the Director, the
HDOH is authorized to issue installation
and operating permits (HRS342L–31).
Permits must be renewed every five
years (HRS342L–4). Penalties for noncompliance with Hawaii’s UST statutes
may be assessed under HRS342L–10.
HRS342L–32.5 allows the HDOH to
place a delivery prohibition tag on a
tank for failure to have, or act in
accordance with, a permit, spill and
overfill prevention, required tank and/or
piping leak detection, corrosion
protection, or maintain financial
responsibility.
Specific authorities to regulate the
installation, operation, maintenance,
and closure of USTs, as well as UST
releases, are found under Hawaii
Administrative Rules (HAR), effective
July 15, 2018, section 11–280.1–1
through section 11–280.1–429
Underground Storage Tanks. Reporting
and recordkeeping authorities and
requirements are found under HRS
section 342L–7, HRS section 342L–7.5,
and HAR section 11.280.1–34. The EPA
has tentatively determined that the
aforementioned statutory sections and
regulations satisfy the requirements of
40 CFR 281.40 and 281.41.
The State of Hawaii and the EPA have
signed a Memorandum of Agreement
(MOA), which will be effective at the
time the EPA publishes its final
decision to grant UST program approval
to the changes to the State’s UST
program. This MOA provides that the
State will continue to be the primary
implementation agency for the UST
Program in Hawaii and will continue to
allow the EPA to conduct oversight and
reviews of the State’s efforts. The MOA
also specifies how the EPA and the State
will continue to share information.
The State’s changes to its UST
program do not affect the continued
compliance of the State’s statutes and
rules with the public participation
provisions contained in 40 CFR 281.42.
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HRS section 342L–12.5 provides that
any person may intervene in any civil
action to enforce the State’s statutes and
rules, if that person has an interest that
is, or may be, adversely affected.
To qualify for approval, revisions to a
state’s program must be ‘‘equivalent to,
consistent with, and no less stringent’’
than the federal program, in this case,
the 2015 Federal Revisions. In the 2015
Federal Revisions, EPA addressed UST
systems deferred in the 1988 UST
regulations and added, among other
things: New operation and maintenance
requirements; secondary containment
requirements for new and replaced
tanks and piping; operator training
requirements; and a requirement to
ensure UST system compatibility before
storing certain biofuel blends. In
addition, the EPA removed past
deferrals for emergency generator tanks,
field constructed tanks, and airport
hydrant systems. The EPA analyzes
revisions to approved state programs
pursuant to the criteria found in 40 CFR
281.30 through 281.39.
The HDOH has revised its regulations
to help ensure that the State’s UST
program revisions are equivalent to,
consistent with, and no less stringent
than the 2015 Federal Revisions. The
HDOH has repealed its previous UST
rules, chapter 11–281, Hawaii
Administrative Rules (HAR), and
adopted a new chapter 11–280.1, HAR,
effective July 15, 2018. The EPA has
tentatively determined that the revised
HAR addresses all the requirements of
40 CFR 281.30–281.39 and are at least
as stringent, but in some cases more
stringent or broader in scope, than the
federal UST regulations. Hawaii rules
that are broader in scope than the
federal UST rules are discussed in more
detail in Section I.H. of this document.
As part of the State Application, the
Hawaii Attorney General certified that
the State revisions meet the
requirements ‘‘equivalent to, consistent
with, and no less stringent’’ criteria in
40 CFR 281.30 through 281.39. The EPA
is relying on this certification, the
analysis submitted by the State and our
own review in making this decision to
propose approval of the State’s updated
authorization application.
H. Where are the State’s revised rules
different from the Federal rules?
Broader in Scope Provisions
Where an approved state program has
a greater scope of coverage than
required by federal law, the additional
coverage is not part of the federally
approved program and is not federally
enforceable (40 CFR 281.12(a)(3)(ii)).
The following paragraphs describe the
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State rules that are considered broader
in coverage than the federal program, as
these State-only regulations are not
required by federal regulation and are
implemented by the State in addition to
the federally approved program.
Hawaii’s definitions of ‘‘regulated
substance’’ at HRS section 342L–1 and
section 11–280.1–12 are broader in
scope than the federal definitions of
‘‘regulated substance.’’ For the most
part, the definitions in the State and
federal statutes and regulations are the
same except that the State includes in
its definitions ‘‘any other substance
designated by the department that,
when released into the environment,
may present substantial danger to
human health, welfare, or the
environment.’’ These definitions are
broader in scope to the extent that
Hawaii includes substances that are
designated as regulated substances by
the HDOH, pursuant to subsection (3) of
Hawaii’s definition of the term, which
are neither (a) ‘‘any substance defined in
section 101(14) of the Comprehensive
Environmental Response, Compensation
and Liability Act (CERCLA) of 1980 (but
not including any substance regulated
as a hazardous waste under subtitle C
[of RCRA]’’ or (b) ‘‘[p]etroleum,
including crude oil or any fraction
thereof that is liquid at standard
conditions of temperature and pressure
(60 degrees Fahrenheit and 14.7 pounds
per square inch absolute).’’
HAR section 11–280.1–21 requires
that all UST systems be upgraded to
secondary containment by a firm fixed
date, July 15, 2028, except for field
constructed tanks and airport hydrant
systems, which must be provided with
secondary containment by July 15, 2038.
This aspect of Hawaii’s program is
broader in scope than the federal
program since the federal UST program
does not require all UST systems to be
upgraded to provide secondary
containment, only newly (after the
effective date of the federal UST rule)
installed or repaired tanks or piping.
HAR section 11–280.1–23 and HAR
section 11–280.1–42 require hazardous
substance USTs to use interstitial
monitoring and be secondarily
contained with no exceptions. As long
as the implementing agency approves,
the federal program allows hazardous
substance USTs installed prior to
October 13, 2015 to use alternative
release detection methods if specific
conditions are met. This aspect of
Hawaii’s program, mandating the use of
interstitial monitoring as the only
release detection method for all
hazardous substance UST systems, is
broader in scope than the federal
program to the extent it applies to
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hazardous substance USTs installed
prior to October 13, 2015, where the
specific conditions referenced in 40 CFR
280.42(e) of the federal rules are met.
HAR section 11–280.1–34(a) requires
notifications to the HDOH when
changes are made to the UST system,
which is broader in scope than the
federal requirements. Federal UST rules
only require notification of existing or
newly installed UST systems or when
UST systems are switched to storing
certain regulated substances.
HAR section11–280.1–53(b)(2) and
section 11–451–6(b)(4) establish a
‘‘reportable quantity’’ threshold for
trichloropropane of 10 lbs. Since the
federal program does not require
reporting of releases of
trichloropropane, this requirement of
the State’s program is broader in scope
than the federal program to this limited
extent.
HAR section 11–280.1–61.1 requires
owners and operators to post signs
around the perimeter of a site where
contamination poses an immediate
health risk or where contaminated
media is exposed to the surface, if the
Department determines that the posting
of such signs is appropriate. This
requirement is broader in scope than the
federal UST program, which does not
include an analogous provision.
HAR section 11–280.1–67 requires
public notification in the event of a
confirmed release. This requirement is
broader in scope than the federal UST
program, which only requires public
notification when an implementing
agency requires a corrective action plan.
HAR 11–280.1–300 through 11–
280.1–335 require permits for the
installation and operation of USTs.
Permits must be renewed regularly.
There is no federal requirement for
USTs to be permitted either at
installation or during operation. This
aspect of Hawaii’s program is broader in
scope than the federal program since the
federal UST program does not include
analogous permitting requirements.
HRS 342L–14 allows the Director of
the Department to establish fees for
department services. HAR 11–280.1–335
specifies the amounts for various fees
for permit and variance applications.
This provision of Hawaii’s UST program
is broader in scope because there are no
federal requirements which address the
establishment of fees for services.
Hawaii’s UST program contains
provisions that allow the State to grant
variances. The Hawaii Attorney
General’s Office has indicated that such
variances may be granted where State
rules are broader in scope than the
federal regulations. To the extent that
such variances are granted, and the
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resulting requirements imposed
pursuant to such variances are broader
in scope than the federal UST
requirements, the requirements imposed
by such variances will not be federally
enforceable as part of the authorized
State program. However, to the extent
that any variances are issued for aspects
of the State’s program that result in the
imposition of requirements which are
merely more stringent than the federal
UST requirements, as opposed to
broader in scope, the resulting
requirements of such variances will be
federally enforceable as part of the
authorized State program. The following
provisions pertain to Hawaii’s variance
requirements: HRS section 342L–1
(definition of ‘‘variance’’); HRS section
342L–5 (variance allowed); HRS section
342L–6 (procedures for variances); HAR
11–280.1–12 (definition of ‘‘variance’’);
HAR 11–280.1–332 (variance allowed);
and HAR 11–280.1–333 (variance
applications).
II. Codification
A. What is codification, and will EPA
codify Hawaii’s UST program as
proposed in this rule?
Codification is the process of placing
citations and references to the state’s
statutes and regulations that comprise
the state’s authorized UST program into
the Code of Federal Regulations. EPA
does this by adding those citations and
references to the authorized state rules
in 40 CFR part 282. EPA is not
proposing to codify the authorization of
Hawaii’s changes at this time. However,
EPA intends to amend 40 CFR part 282,
subpart B for any updated authorization
of Hawaii’s program changes at a later
date.
III. Statutory and Executive Order
(E.O.) Reviews
This action only applies to Hawaii’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 Regulatory
Planning and Review, Executive Order
13563: Improving Regulation and
Regulatory Review
The Office of Management and Budget
(OMB) has exempted this action from
the requirements of Executive Order
12866 (58 FR 51735, Oct. 4, 1993) and
13563 (76 FR 3821, Jan. 21, 2011). This
action proposes to approve state
requirements for the purpose of RCRA
section 9004 and imposes no additional
requirements beyond those imposed by
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Federal Register / Vol. 85, No. 158 / Friday, August 14, 2020 / Proposed Rules
state law. Therefore, this action is not
subject to review by OMB.
B. Executive Order 13771: Reducing
Regulations and Controlling Regulatory
Costs
This action is not an Executive Order
13771 (82 FR 9339, February 3, 2017)
regulatory action because actions such
as this proposed approval of Hawaii’s
revised underground storage tank
program under RCRA are exempted
under Executive Order 12866.
Accordingly, I certify that this action
will not have a significant economic
impact on a substantial number of small
entities under the Regulatory Flexibility
Act (5 U.S.C. 601 et seq.).
C. Unfunded Mandates Reform Act and
Executive Order 13175: Consultation
and Coordination With Indian Tribal
Governments
Because this action proposes to
approve and codify pre-existing
requirements under state law and does
not impose any additional enforceable
duty beyond that required by state law,
it does not contain any unfunded
mandate or significantly or uniquely
affect small governments, as described
in the Unfunded Mandates Reform Act
of 1995 (2 U.S.C. 1531–1538). For the
same reason, and because there are no
federally recognized Tribes within the
State, this proposed action also does not
significantly or uniquely affect the
communities of tribal governments, as
specified by Executive Order 13175 (65
FR 67249, November 9, 2000).
D. Executive Order 13132: Federalism
khammond on DSKJM1Z7X2PROD with PROPOSALS
This proposed action 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 the various
levels of government, as specified in
Executive Order 13132 (64 FR 43255,
Aug. 10, 1999), because it merely
proposes approval of state requirements
as part of the State RCRA Underground
Storage Tank Program without altering
the relationship or the distribution of
power and responsibilities established
by RCRA.
E. Executive Order 13045: Protection of
Children From Environmental Health
and Safety Risks
This proposed action also is not
subject to Executive Order 13045 (62 FR
19885, Apr. 23, 1997), because it is not
economically significant, and it does not
make decisions based on environmental
health or safety risks.
VerDate Sep<11>2014
17:04 Aug 13, 2020
Jkt 250001
F. Executive Order 13211: Actions That
Significantly Affect Energy Supply,
Distribution, or Use
This proposed rule is not subject to
Executive Order 13211 (66 FR 28355,
May 22, 2001) because it is not a
‘‘significant regulatory action’’ as
defined under Executive Order 12866.
G. National Technology Transfer and
Advancement Act
Under RCRA section 9004(b), the EPA
grants a state’s application for approval
as long as the state meets the criteria
required by RCRA. It would thus be
inconsistent with applicable law for the
EPA, when it reviews a state approval
application, to require the use of any
particular voluntary consensus standard
in place of another standard that
otherwise satisfies the requirements of
RCRA. Thus, the requirements of
section 12(d) of the National
Technology Transfer and Advancement
Act of 1995 (15 U.S.C. 272 note) do not
apply.
H. Executive Order 12988: Civil Justice
Reform
As required by section 3 of Executive
Order 12988 (61 FR 4729, February 7,
1996), in issuing this proposed rule, the
EPA has taken the necessary steps to
eliminate drafting errors and ambiguity,
minimize potential litigation, and
provide a clear legal standard for
affected conduct.
I. Executive Order 12630: Governmental
Actions and Interference With
Constitutionally Protected Property
Rights
The EPA has complied with Executive
Order 12630 (53 FR 8859, Mar. 15, 1988)
by examining the takings implications
of the proposed rule in accordance with
the ‘‘Attorney General’s Supplemental
Guidelines for the Evaluation of Risk
and Avoidance of Unanticipated
Takings’’ issued under the executive
order.
J. Paperwork Reduction Act
This proposed rule would not impose
an information collection burden under
the provisions of the Paperwork
Reduction Act of 1995 (44 U.S.C. 3501
et seq.). ‘‘Burden’’ is defined at 5 CFR
1320.3(b).
K. Executive Order 12898: Federal
Actions To Address Environmental
Justice in Minority Populations and Low
Income Populations
Executive Order 12898 (59 FR 7629,
Feb. 16, 1994) establishes federal
executive policy on environmental
justice. Its main provision directs
federal agencies, to the greatest extent
PO 00000
Frm 00009
Fmt 4702
Sfmt 9990
49615
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.
Because this proposed rule would
approve pre-existing state rules which
are at least equivalent to, consistent
with, and no less stringent than existing
federal requirements, and would impose
no additional requirements beyond
those imposed by state law, and there
would be no anticipated significant
adverse human health or environmental
effects, the proposed rule is not subject
to Executive Order 12898.
L. Congressional Review Act
The Congressional Review Act, 5
U.S.C. 801–808, generally provides that
before a rule may take effect, the agency
promulgating the rule must submit a
rule report, which includes a copy of
the rule, to each House of the Congress
and to the Comptroller General of the
United States. The EPA seeks public
comment prior to taking final action on
this proposal. The proposed rule will
not become effective until the EPA
makes a final decision on whether or
not to approve the subject changes to
Hawaii’s program and gives notice of
that final decision in the Federal
Register. At that time, the EPA will
submit a report containing the final
decision document and other required
information to the U.S. Senate, the U.S.
House of Representatives, and the
Comptroller General of the United
States prior to publication 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).
Authority: This proposed rule is issued
under the authority of Sections 2002(a),
7004(b), and 9004, 9005 and 9006 of the
Solid Waste Disposal Act, as amended, 42
U.S.C. 6912(a), 6974(b), and 6991c, 6991d,
and 6991e.
List of Subjects in 40 CFR Part 281
Administrative practice and
procedure, Hazardous substances, State
program approval, Program revisions
update, and Underground storage tanks.
Dated: July 30, 2020.
John Busterud,
Regional Administrator, Region 9.
[FR Doc. 2020–17180 Filed 8–13–20; 8:45 am]
BILLING CODE 6560–50–P
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Agencies
[Federal Register Volume 85, Number 158 (Friday, August 14, 2020)]
[Proposed Rules]
[Pages 49611-49615]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-17180]
=======================================================================
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 281
[EPA-R09-UST-2020-0258; FRL-10013-09-Region 9]
Hawaii: Proposed Authorization of Underground Storage Tank
Program Revisions
AGENCY: Environmental Protection Agency (EPA).
ACTION: Proposed rule.
-----------------------------------------------------------------------
SUMMARY: Hawaii has applied to the Environmental Protection Agency
(EPA) for updated authorization of changes made to its underground
storage tank (UST) program under the Resource Conservation and Recovery
Act (RCRA), as amended, since the previous authorization of Hawaii's
UST program in September 2002. The EPA has reviewed Hawaii's
application and has
[[Page 49612]]
tentatively determined that these changes satisfy all requirements
needed to qualify for the requested updated authorization. Therefore,
we are proposing to authorize the State's changes. The EPA seeks public
comment prior to taking final action.
DATES: Comments must be received on or before September 14, 2020.
ADDRESSES: Submit your comments, identified by Docket ID No. EPA-R09-
UST-2020-0258 at https://www.regulations.gov or via email to
[email protected]. For comments submitted at https://www.regulations.gov, follow the online instructions for submitting
comments. Once submitted, comments cannot be edited or removed from
https://www.regulations.gov. For either manner of submission, the EPA
may publish any comment received to its public docket. Do not submit
electronically any information you consider to be Confidential Business
Information (CBI) or other information whose disclosure is restricted
by statute. Multimedia submissions (audio, video, etc.) must be
accompanied by a written comment. The written comment is considered the
official comment and should include discussion of all points you wish
to make. The EPA will generally not consider comments or comment
contents located outside of the primary submission (i.e., on the web,
cloud, or other file sharing system). For additional submission
methods, please contact the person identified in the FOR FURTHER
INFORMATION CONTACT section. For the full EPA public comment policy,
information about CBI or multimedia submissions, and general guidance
on making effective comments, please visit https://www.epa.gov/dockets/commenting-epa-dockets. Publicly available docket materials are
available at https://www.regulations.gov. We encourage electronic
submittals but if you are unable to submit electronically, need
assistance in a language other than English, are a person with
disabilities who needs a reasonable accommodation at no cost to you, or
need other assistance, please reach out to the person identified in the
FOR FURTHER INFORMATION CONTACT section.
The federal www.regulations.gov website is an ``anonymous access''
system, which means EPA will not know your identity or contact
information unless you provide it in the body of your comment. If you
send an email comment directly to the EPA without going through
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, the EPA recommends that you include your name and other
contact information in the body of your comment and with any disk or
CD-ROM you submit. If the EPA cannot read your comment due to technical
difficulties and cannot contact you for clarification, the EPA may not
be able to consider your comment. Electronic files should avoid the use
of special characters, any form of encryption, and be free of any
defects or viruses.
FOR FURTHER INFORMATION CONTACT: Robert Pallarino, Project Officer,
Underground Storage Tank Program Office, LND-4-3, U.S. EPA Region 9, 75
Hawthorne Street, San Francisco, CA 94105, [email protected], (415)
947-4128.
SUPPLEMENTARY INFORMATION:
A. Why are State programs approved?
Section 9004 of RCRA, 42 U.S.C. 6991c, authorizes the EPA to
approve State UST programs to operate in the State in lieu of the
federal UST program, subject to the authority retained by the EPA in
accordance with RCRA. Program approval may be granted by the EPA
pursuant to RCRA section 9004(b), if the EPA finds that the State
program: (1) Is ``no less stringent'' than the federal program for the
seven elements set forth at RCRA section 9004(a)(1) through (7); (2)
includes the notification requirements of RCRA section 9004(a)(8); and
(3) provides for adequate enforcement of compliance with UST standards
of RCRA section 9004(a). Note that RCRA sections 9005 (on information-
gathering) and 9006 (on federal enforcement) by their terms apply even
in states with programs approved by the EPA under RCRA section 9004.
Thus, the EPA 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 EPA
will rely on federal sanctions, federal inspection authorities, and
federal procedures rather than the state authorized analogues to these
provisions.
B. Why are revisions to state programs necessary?
States that have received final approval from the EPA under RCRA
section 9004(b) of RCRA, 42 U.S.C. 6991c(b), must maintain an UST
program that is equivalent to, consistent with, and no less stringent
than the Federal UST program. When the EPA makes revisions to the
regulations that govern the UST program, states must revise their
programs to comply with the updated regulations and submit these
revisions to the EPA for approval. Changes to state UST programs may be
necessary when Federal or State statutory or regulatory authority is
modified or when certain other changes occur. Most commonly, States
must change their programs because of changes to the EPA's regulations
in 40 Code of Federal Regulations (CFR) part 280. States can also
initiate changes on their own to their UST program and these changes
must then be approved by the EPA.
C. What decisions has the EPA made in this proposed rule?
On October 8, 2018, in accordance with 40 CFR 281.51(a), Hawaii
submitted a complete program revision application seeking approval for
its UST program revisions corresponding to the EPA final rule published
on July 15, 2015 (80 FR 41566), which finalized revisions to the 1988
UST regulation and to the 1988 state program approval (SPA) regulation.
As required by 40 CFR 281.20, the State submitted the following: A
transmittal letter from the Governor requesting approval, a description
of the program and operating procedures, a demonstration of the State's
procedures to ensure adequate enforcement, a Memorandum of Agreement
outlining the roles and responsibilities of the EPA and the
implementing agency, a statement of certification from the Attorney
General, and copies of all relevant State statutes and regulations. The
EPA has reviewed the Hawaii application for updated UST Program
authorization and has tentatively determined that the revisions to
Hawaii's UST program are equivalent to, consistent with, and no less
stringent than the corresponding federal requirements in Subpart C of
40 CFR part 281, and that the Hawaii program provides for adequate
enforcement of compliance (40 CFR 281.11(b)). Therefore, the EPA is
proposing to grant Hawaii approval to operate its UST program with the
changes described in the program revision application as outlined
below.
The EPA will consider all public comments on its proposed approval
received in writing during the public comment period. Issues raised by
those comments may be the basis for a decision to deny final approval
to Hawaii's request for updated authorization. The EPA will make a
final decision on whether to approve the subject changes to Hawaii's
program
[[Page 49613]]
after the close of the public comment period and will give notice of it
in the Federal Register. The document will include a summary of the
reasons for the final determination and a response to all major
comments.
D. What is the effect of this action?
This action does not impose additional requirements on the
regulated community because the requirements that are the subject of
this proposed rule are already effective in the State of Hawaii, and
they are not changed by this action. This action merely proposes
approval of the existing State requirements as meeting the federal
requirements and would thereby render them federally enforceable.
E. What happens if the EPA receives comments that oppose this action?
If the EPA receives comments on this proposed action, we will
address all such comments in a later final rule. You are unlikely to
have another opportunity to comment. If you want to comment on this
proposed authorization, you should do so at this time.
F. What has Hawaii previously been authorized for?
Hawaii initially received final authorization on September 25,
2002, effective September 30, 2002 (67 FR 60161) to implement the UST
program. On September 17, 2008, the EPA codified the approved Hawaii
program that is subject to the EPA's inspection and enforcement
authorities under RCRA sections 9005 and 9006, 42 U.S.C. 6991d and
6991e, and other applicable statutory and regulatory provisions (73 FR
53742).
G. What changes are we proposing with today's action?
In order to be approved, each state program application must meet
the general requirements in 40 CFR 281.11, and specific requirements in
40 CFR 281 Subpart B (Components of a Program Application); Subpart C
(Criteria for No Less Stringent); and Subpart D (Adequate Enforcement
of Compliance). This also is true for proposed revisions to approved
state programs.
As more fully described below, the State has made the changes to
its approved UST program to reflect the 2015 Federal Revisions. The EPA
is proposing to approve the State's changes because they are equivalent
to, consistent with, and no less stringent than the federal UST program
and because the EPA has confirmed that the Hawaii UST program will
continue to provide for adequate enforcement of compliance, as required
by 40 CFR 281.11(b) and part 281, Subpart D.
The Hawaii Department of Health (HDOH) is the lead implementing
agency for the UST program in Hawaii. The HDOH continues to have broad
statutory authority to regulate the installation, operation,
maintenance, and closure of USTs, as well as UST releases under Hawaii
Revised Statutes (HRS) 342L-1 through 342L-53. The Hawaii UST Program
gets its enforcement authority from the powers and duties of the HDOH
Director (Director) found in HRS 342L-8. Under HRS 342L-7 the Director
is authorized to require an owner to furnish records, conduct
monitoring or testing, and provide access to tanks. Under the powers
granted to the Director, the HDOH is authorized to issue installation
and operating permits (HRS342L-31). Permits must be renewed every five
years (HRS342L-4). Penalties for non-compliance with Hawaii's UST
statutes may be assessed under HRS342L-10. HRS342L-32.5 allows the HDOH
to place a delivery prohibition tag on a tank for failure to have, or
act in accordance with, a permit, spill and overfill prevention,
required tank and/or piping leak detection, corrosion protection, or
maintain financial responsibility.
Specific authorities to regulate the installation, operation,
maintenance, and closure of USTs, as well as UST releases, are found
under Hawaii Administrative Rules (HAR), effective July 15, 2018,
section 11-280.1-1 through section 11-280.1-429 Underground Storage
Tanks. Reporting and recordkeeping authorities and requirements are
found under HRS section 342L-7, HRS section 342L-7.5, and HAR section
11.280.1-34. The EPA has tentatively determined that the aforementioned
statutory sections and regulations satisfy the requirements of 40 CFR
281.40 and 281.41.
The State of Hawaii and the EPA have signed a Memorandum of
Agreement (MOA), which will be effective at the time the EPA publishes
its final decision to grant UST program approval to the changes to the
State's UST program. This MOA provides that the State will continue to
be the primary implementation agency for the UST Program in Hawaii and
will continue to allow the EPA to conduct oversight and reviews of the
State's efforts. The MOA also specifies how the EPA and the State will
continue to share information.
The State's changes to its UST program do not affect the continued
compliance of the State's statutes and rules with the public
participation provisions contained in 40 CFR 281.42. HRS section 342L-
12.5 provides that any person may intervene in any civil action to
enforce the State's statutes and rules, if that person has an interest
that is, or may be, adversely affected.
To qualify for approval, revisions to a state's program must be
``equivalent to, consistent with, and no less stringent'' than the
federal program, in this case, the 2015 Federal Revisions. In the 2015
Federal Revisions, EPA addressed UST systems deferred in the 1988 UST
regulations and added, among other things: New operation and
maintenance requirements; secondary containment requirements for new
and replaced tanks and piping; operator training requirements; and a
requirement to ensure UST system compatibility before storing certain
biofuel blends. In addition, the EPA removed past deferrals for
emergency generator tanks, field constructed tanks, and airport hydrant
systems. The EPA analyzes revisions to approved state programs pursuant
to the criteria found in 40 CFR 281.30 through 281.39.
The HDOH has revised its regulations to help ensure that the
State's UST program revisions are equivalent to, consistent with, and
no less stringent than the 2015 Federal Revisions. The HDOH has
repealed its previous UST rules, chapter 11-281, Hawaii Administrative
Rules (HAR), and adopted a new chapter 11-280.1, HAR, effective July
15, 2018. The EPA has tentatively determined that the revised HAR
addresses all the requirements of 40 CFR 281.30-281.39 and are at least
as stringent, but in some cases more stringent or broader in scope,
than the federal UST regulations. Hawaii rules that are broader in
scope than the federal UST rules are discussed in more detail in
Section I.H. of this document.
As part of the State Application, the Hawaii Attorney General
certified that the State revisions meet the requirements ``equivalent
to, consistent with, and no less stringent'' criteria in 40 CFR 281.30
through 281.39. The EPA is relying on this certification, the analysis
submitted by the State and our own review in making this decision to
propose approval of the State's updated authorization application.
H. Where are the State's revised rules different from the Federal
rules?
Broader in Scope Provisions
Where an approved state program has a greater scope of coverage
than required by federal law, the additional coverage is not part of
the federally approved program and is not federally enforceable (40 CFR
281.12(a)(3)(ii)). The following paragraphs describe the
[[Page 49614]]
State rules that are considered broader in coverage than the federal
program, as these State-only regulations are not required by federal
regulation and are implemented by the State in addition to the
federally approved program.
Hawaii's definitions of ``regulated substance'' at HRS section
342L-1 and section 11-280.1-12 are broader in scope than the federal
definitions of ``regulated substance.'' For the most part, the
definitions in the State and federal statutes and regulations are the
same except that the State includes in its definitions ``any other
substance designated by the department that, when released into the
environment, may present substantial danger to human health, welfare,
or the environment.'' These definitions are broader in scope to the
extent that Hawaii includes substances that are designated as regulated
substances by the HDOH, pursuant to subsection (3) of Hawaii's
definition of the term, which are neither (a) ``any substance defined
in section 101(14) of the Comprehensive Environmental Response,
Compensation and Liability Act (CERCLA) of 1980 (but not including any
substance regulated as a hazardous waste under subtitle C [of RCRA]''
or (b) ``[p]etroleum, including crude oil or any fraction thereof that
is liquid at standard conditions of temperature and pressure (60
degrees Fahrenheit and 14.7 pounds per square inch absolute).''
HAR section 11-280.1-21 requires that all UST systems be upgraded
to secondary containment by a firm fixed date, July 15, 2028, except
for field constructed tanks and airport hydrant systems, which must be
provided with secondary containment by July 15, 2038. This aspect of
Hawaii's program is broader in scope than the federal program since the
federal UST program does not require all UST systems to be upgraded to
provide secondary containment, only newly (after the effective date of
the federal UST rule) installed or repaired tanks or piping.
HAR section 11-280.1-23 and HAR section 11-280.1-42 require
hazardous substance USTs to use interstitial monitoring and be
secondarily contained with no exceptions. As long as the implementing
agency approves, the federal program allows hazardous substance USTs
installed prior to October 13, 2015 to use alternative release
detection methods if specific conditions are met. This aspect of
Hawaii's program, mandating the use of interstitial monitoring as the
only release detection method for all hazardous substance UST systems,
is broader in scope than the federal program to the extent it applies
to hazardous substance USTs installed prior to October 13, 2015, where
the specific conditions referenced in 40 CFR 280.42(e) of the federal
rules are met.
HAR section 11-280.1-34(a) requires notifications to the HDOH when
changes are made to the UST system, which is broader in scope than the
federal requirements. Federal UST rules only require notification of
existing or newly installed UST systems or when UST systems are
switched to storing certain regulated substances.
HAR section11-280.1-53(b)(2) and section 11-451-6(b)(4) establish a
``reportable quantity'' threshold for trichloropropane of 10 lbs. Since
the federal program does not require reporting of releases of
trichloropropane, this requirement of the State's program is broader in
scope than the federal program to this limited extent.
HAR section 11-280.1-61.1 requires owners and operators to post
signs around the perimeter of a site where contamination poses an
immediate health risk or where contaminated media is exposed to the
surface, if the Department determines that the posting of such signs is
appropriate. This requirement is broader in scope than the federal UST
program, which does not include an analogous provision.
HAR section 11-280.1-67 requires public notification in the event
of a confirmed release. This requirement is broader in scope than the
federal UST program, which only requires public notification when an
implementing agency requires a corrective action plan.
HAR 11-280.1-300 through 11-280.1-335 require permits for the
installation and operation of USTs. Permits must be renewed regularly.
There is no federal requirement for USTs to be permitted either at
installation or during operation. This aspect of Hawaii's program is
broader in scope than the federal program since the federal UST program
does not include analogous permitting requirements.
HRS 342L-14 allows the Director of the Department to establish fees
for department services. HAR 11-280.1-335 specifies the amounts for
various fees for permit and variance applications. This provision of
Hawaii's UST program is broader in scope because there are no federal
requirements which address the establishment of fees for services.
Hawaii's UST program contains provisions that allow the State to
grant variances. The Hawaii Attorney General's Office has indicated
that such variances may be granted where State rules are broader in
scope than the federal regulations. To the extent that such variances
are granted, and the resulting requirements imposed pursuant to such
variances are broader in scope than the federal UST requirements, the
requirements imposed by such variances will not be federally
enforceable as part of the authorized State program. However, to the
extent that any variances are issued for aspects of the State's program
that result in the imposition of requirements which are merely more
stringent than the federal UST requirements, as opposed to broader in
scope, the resulting requirements of such variances will be federally
enforceable as part of the authorized State program. The following
provisions pertain to Hawaii's variance requirements: HRS section 342L-
1 (definition of ``variance''); HRS section 342L-5 (variance allowed);
HRS section 342L-6 (procedures for variances); HAR 11-280.1-12
(definition of ``variance''); HAR 11-280.1-332 (variance allowed); and
HAR 11-280.1-333 (variance applications).
II. Codification
A. What is codification, and will EPA codify Hawaii's UST program as
proposed in this rule?
Codification is the process of placing citations and references to
the state's statutes and regulations that comprise the state's
authorized UST program into the Code of Federal Regulations. EPA does
this by adding those citations and references to the authorized state
rules in 40 CFR part 282. EPA is not proposing to codify the
authorization of Hawaii's changes at this time. However, EPA intends to
amend 40 CFR part 282, subpart B for any updated authorization of
Hawaii's program changes at a later date.
III. Statutory and Executive Order (E.O.) Reviews
This action only applies to Hawaii'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 Regulatory Planning and Review, Executive
Order 13563: Improving Regulation and Regulatory Review
The Office of Management and Budget (OMB) has exempted this action
from the requirements of Executive Order 12866 (58 FR 51735, Oct. 4,
1993) and 13563 (76 FR 3821, Jan. 21, 2011). This action proposes to
approve state requirements for the purpose of RCRA section 9004 and
imposes no additional requirements beyond those imposed by
[[Page 49615]]
state law. Therefore, this action is not subject to review by OMB.
B. Executive Order 13771: Reducing Regulations and Controlling
Regulatory Costs
This action is not an Executive Order 13771 (82 FR 9339, February
3, 2017) regulatory action because actions such as this proposed
approval of Hawaii's revised underground storage tank program under
RCRA are exempted under Executive Order 12866. Accordingly, I certify
that this action will not have a significant economic impact on a
substantial number of small entities under the Regulatory Flexibility
Act (5 U.S.C. 601 et seq.).
C. Unfunded Mandates Reform Act and Executive Order 13175: Consultation
and Coordination With Indian Tribal Governments
Because this action proposes to approve and codify pre-existing
requirements under state law and does not impose any additional
enforceable duty beyond that required by state law, it does not contain
any unfunded mandate or significantly or uniquely affect small
governments, as described in the Unfunded Mandates Reform Act of 1995
(2 U.S.C. 1531-1538). For the same reason, and because there are no
federally recognized Tribes within the State, this proposed action also
does not significantly or uniquely affect the communities of tribal
governments, as specified by Executive Order 13175 (65 FR 67249,
November 9, 2000).
D. Executive Order 13132: Federalism
This proposed action 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 the
various levels of government, as specified in Executive Order 13132 (64
FR 43255, Aug. 10, 1999), because it merely proposes approval of state
requirements as part of the State RCRA Underground Storage Tank Program
without altering the relationship or the distribution of power and
responsibilities established by RCRA.
E. Executive Order 13045: Protection of Children From Environmental
Health and Safety Risks
This proposed action also is not subject to Executive Order 13045
(62 FR 19885, Apr. 23, 1997), because it is not economically
significant, and it does not make decisions based on environmental
health or safety risks.
F. Executive Order 13211: Actions That Significantly Affect Energy
Supply, Distribution, or Use
This proposed rule is not subject to Executive Order 13211 (66 FR
28355, May 22, 2001) because it is not a ``significant regulatory
action'' as defined under Executive Order 12866.
G. National Technology Transfer and Advancement Act
Under RCRA section 9004(b), the EPA grants a state's application
for approval as long as the state meets the criteria required by RCRA.
It would thus be inconsistent with applicable law for the EPA, when it
reviews a state approval application, to require the use of any
particular voluntary consensus standard in place of another standard
that otherwise satisfies the requirements of RCRA. Thus, the
requirements of section 12(d) of the National Technology Transfer and
Advancement Act of 1995 (15 U.S.C. 272 note) do not apply.
H. Executive Order 12988: Civil Justice Reform
As required by section 3 of Executive Order 12988 (61 FR 4729,
February 7, 1996), in issuing this proposed rule, the EPA has taken the
necessary steps to eliminate drafting errors and ambiguity, minimize
potential litigation, and provide a clear legal standard for affected
conduct.
I. Executive Order 12630: Governmental Actions and Interference With
Constitutionally Protected Property Rights
The EPA has complied with Executive Order 12630 (53 FR 8859, Mar.
15, 1988) by examining the takings implications of the proposed rule in
accordance with the ``Attorney General's Supplemental Guidelines for
the Evaluation of Risk and Avoidance of Unanticipated Takings'' issued
under the executive order.
J. Paperwork Reduction Act
This proposed rule would not impose an information collection
burden under the provisions of the Paperwork Reduction Act of 1995 (44
U.S.C. 3501 et seq.). ``Burden'' is defined at 5 CFR 1320.3(b).
K. Executive Order 12898: Federal Actions To Address Environmental
Justice in Minority Populations and Low Income Populations
Executive Order 12898 (59 FR 7629, Feb. 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. Because this proposed rule would
approve pre-existing state rules which are at least equivalent to,
consistent with, and no less stringent than existing federal
requirements, and would impose no additional requirements beyond those
imposed by state law, and there would be no anticipated significant
adverse human health or environmental effects, the proposed rule is not
subject to Executive Order 12898.
L. Congressional Review Act
The Congressional Review Act, 5 U.S.C. 801-808, generally provides
that before a rule may take effect, the agency promulgating the rule
must submit a rule report, which includes a copy of the rule, to each
House of the Congress and to the Comptroller General of the United
States. The EPA seeks public comment prior to taking final action on
this proposal. The proposed rule will not become effective until the
EPA makes a final decision on whether or not to approve the subject
changes to Hawaii's program and gives notice of that final decision in
the Federal Register. At that time, the EPA will submit a report
containing the final decision document and other required information
to the U.S. Senate, the U.S. House of Representatives, and the
Comptroller General of the United States prior to publication 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).
Authority: This proposed rule is issued under the authority of
Sections 2002(a), 7004(b), and 9004, 9005 and 9006 of the Solid
Waste Disposal Act, as amended, 42 U.S.C. 6912(a), 6974(b), and
6991c, 6991d, and 6991e.
List of Subjects in 40 CFR Part 281
Administrative practice and procedure, Hazardous substances, State
program approval, Program revisions update, and Underground storage
tanks.
Dated: July 30, 2020.
John Busterud,
Regional Administrator, Region 9.
[FR Doc. 2020-17180 Filed 8-13-20; 8:45 am]
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