EPA 510-Z-93-004
Tuesday
November 2, 1993
Part Hi
i
Environmental
Protection Agency
40 CFR Part 282
Underground Storage Tank Program;
Approved Program for New Hampshire;
Rule
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58624 Federal Register / Vol. 58. No. 210 / Tuesday, November 2. 1993 / Rules and Regulations
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 282
Underground Storage Tank Program;
Approved State Program (or New
Hampshire
AGENCY: Environmental Protection
Agency (EPA).
ACTION: Immediate final rule.
SUMMARY: The Resource Conservation
and Recovery Act of 1976. as amended
(RCRA), authorizes the U.S.
Environmental Protection Agency to
grant approval to states to operate their
underground storage tank programs in
lieu of the federal program. This action
establishes part 282 for codification of
the decision to approve a slate program
and for incorporation by reference of
those provisions of 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. As part of
this initial action, part 282 codifies the
prior approval of New Hampshire's
underground storage tank program and
incorporates by reference appropriate
provisions of state statutes and
regulations.
DATES: This regulation is effective
January 3, 1994, unless EPA publishes
a prior Federal Register rule
withdrawing this immediate final rule.
All comments on this regulation must
be received by the close of business
December 2, 1993. The incorporation by
reference of certain publications listed
in the regulations is approved by the
Director of the Federal Register, as of
January 3. 1994, in accordance with 5
U.S.C. 552(a).
ADDRESSES: Comments maybe mailed to
the Docket Clerk (Docket No. UST 4-5).
Office of Underground Storage Tanks
(OS-305), U.S. Environmental
Protection Agency, 401 M Street, SW.,
Washington, DC 20460. Comments
received by EPA may be inspected in
the public docket, located in room 2616
(Mall), U«S. Environmental Protection
Agency, 401 M Street, SW.. Washington,
DC 2046O from 9 a.m. to 4 p.m.. Monday
through Friday, excluding Federal
holidays,
FOR FURTHER INFORMATION CONTACT:
RCRA Hotline, toll free at (800) 424-
9346 or in Washington. DC at (202) 382-
3000. For technical questions on the
part 282 rule, consult Jerry Parker, U.S.
EPA, Office of Underground Storage
Tanks, at (703) 308-8884. For technical
questions on the New Hampshire
codification, consult Susan Hanamoto,
Underground Storage Tank Program.
U.S. EPA Region I, JFK Federal
Building, Boston. MA 02203-2211.
Phone: (617) 573-5748.
SUPPIEMENTARY INFORMATION:
Background
Section 9004 of the Resource
Conservation and Recovery Act of 1976,
as amended. (RCRA), 42 U.S.C. 6991c,
allows the U.S. Environmental
Protection Agency (EPA) to approve
state underground storage tank
programs to operate in the state in lieu
of the federal underground storage tank
program. EPA published a Federal
Register rule announcing its decision to
grant approval to New Hampshire (56
FR 28089, June 19,1991). Approval was
effective on July 19,1991.
EPA will codify its approval of state
programs in a new 40 CFR part 282 and
incorporate by reference therein the
state statutes and regulations that will
be 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 rule establishes part
282, reserves sections within part 282
for each state, and codifies EPA's
approval of the New Hampshire
underground storage tank program. This
codification reflects the state program in
effect at the time EPA granted New
Hampshire approval under section
9004(a), 42 U.S.C. 6991c(a), for its
underground storage tank program. The
establishment of part 282 is an Agency
procedure exempt from the notice and
comment requirements of 5 U.S.C. 553,
as is the codification of the New
Hampshire UST program. Notice and
opportunity for comment were provided
earlier on the Agency's decision to
approve the New Hampshire program,
and EPA is not now reopening that
dedsionjaor 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 New Hampshire program and
by amending the Code of Federal
Regulations whenever a new or different
set of requirements is approved in New
Hampshire, the status of federally
approved requirements of the New
Hampshire program will be readily
discernible. Only those provisions of the
New Hampshire underground storage
tank, program for which approval has
been granted by EPA will be
incorporated by reference for
enforcement purposes.
To cod ify EPA'& approval of New
Hampshire's underground storage tank
program. EPA has added § 282.79 to title
40 of the CFR. Section 282.79
incorporates fay reference for
enforcement purposes the State's
statutes and regulations. Section 282.79
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 1 of RCRA.
The Agency retains the authority
under sections 9005 and 9006 of subtitle
I of RCRA, 42 U.S.C. 6991d and 6991e,
and other applicable statutory and
regulatory provisions to undertake
inspections and enforcement actions in
approved states. With respect to such an
enforcement action, the Agency will
rely on federal sanctions, federal
inspection authorities and federal
procedures, rather than the state
authorized analogs to these provisions.
Therefore, the approved New
Hampshire enforcement authorities will
not be incorporated by reference.
Section 282.79 lists those approved New
Hampshire authorities that 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. These non-approved
provisions are not part of the RCRA
subtitle I program because they are
"broader in scope" than subtitle I of
RCRA. See 40 CFR 281.12(a)(3Hii). 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 282.79 simply lists for
reference and clarity the New
Hampshire 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 enforce such provisions.
Certification Under the Regulatory
Flexibility Act
Pursuant to section 605(b) of the
Regulatory Flexibility Act, 5 U.S.C.
605(b), the EPA hereby certifies that this
action will not have any economic
impact on any Small entities. It
establishes a new part 282 in 40 CFR
and codifies the decision already made
to approve the New Hampshire
underground storage program and has
no separate effect or: owners and
operators of underground storage tanks
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Federal Register / Vol. 58, No. 210 / Tuesday, November 2. 1993 / Rules and Regulations 58625
or upon small entities. This rule,
therefore, does not require a regulatory
flexibility analysis.
Compliance With Executive Order
12291
This immediate final rule has been
submitted to OMB for review under
Executive Order 12291. The Agency has
determined that it is a non-major rule
because it will not result in: (1) An
annual effect on the economy of $100
million or more; (2) a major increase in
costs or prices for consumers,
individual industries, federal, state, or
local government agencies, or
geographic regions; or (3) significant
adverse effects on competition,
employment, investment, productivity,
innovation, or on the ability of United
States-based enterprises to compete
with foreign based enterprises in
domestic or export markets.
The Office of Management and Budget
has exempted individual state
codifications from the requirements of
section 3 of Executive Order 12291.
Paperwork Reduction Act
Under the Paperwork Reduction Act,
44 U.S.C. 3501 et seq., federal agencies
must consider the paperwork burden
imposed by any information request
contained in a proposed or final rule.
This rule will not impose any
information requirements upon the
regulated community.
List of Subjects in 40 CFR Part 282
Environmental protection. Hazardous
substances. Incorporation by reference.
Intergovernmental relations. State
program approval. Underground storage
tanks. Water pollution control.
Dated: October 13,1993.
Carol M. Browner,
Administrator.
For the reasons set forth in the
preamble, chapter I of title 40 of the
Code of Federal Regulations is amended
by adding a new part 282 to read as
follows:
PART 282—APPROVED UNDERGROUND
STORAGE TANK PROGRAMS
Subpart A—General Provisions
Sec.
282.1 Purpose and scope.
282.2 Incorporation by reference.
282.3-282.49 [Reserved]
Subpart B—Approved State Programs
282.50-282.78 [Reserved]
282.79-New Hampshire.
282.8O-282.105 [Reserved]
Appendix A to Part 282—State
Requirements Incorporated by Reference in
Part 232 of the Code of Federal Regulations
Authority: 42 U.S.C. 6912. 6991c. 6991d.
and 6991e.
PART 282—APPROVED
UNDERGROUND STORAGE TANK
PROGRAMS
Subpart A—General Provisions
§ 282.1 Purpose and scope.
This part sets forth the applicable
state underground storage tank
programs under section 9004 of the
Resource Conservation and Recovery
Act (RCRA), 42 U.S.C. 6991c and 40
CFR part 281. "State" is defined in 42
U.S.C. 1004(31) as "any of the several
states, the District of Columbia, the
Commonwealth of Puerto Rico, the
Virgin Islands, Guam, American Samoa,
and the Commonwealth of the Northern
Mariana Islands."
§ 282.2 Incorporation by reference.
(a) Material listed as incorporated by
reference in part 282 was approved for
incorporation by reference by the
Director of the Federal Register in
accordance with 5 U.S.C. 552(a) and 1
CFR part 51. Material is incorporated as
it exists on the date of the approval, and
notice of any change in the material will
be published in the Federal Register.
(b) Copies of materials incorporated
by reference may be inspected at the
Office of the Federal Registeir, 800 North
Capitol Street, NW., suite 700,
Washington, DC Copies of materials
incorporated by reference may be
obtained or inspected at the EPA OUST
Docket, 401 M Street, SW.. Washington,
DC 20460, and at the library of the
appropriate Regional Office listed
below:
(1) Region 1 (Connecticut, Maine,
Massachusetts, New Hampshire, Rhode
Island, Vermont): JFK Federal Building,
Boston. MA 02203-2211.
(2) Region 2 (New Jersey, New York,
Puerto Rico, Virgin Islands): Federal
Office Building, 26 Federal Plaza. New
York. NY 10278.
(3) Region 3 (Delaware, District of
Columbia, Maryland, Pennsylvania,
Virginia, West Virginia): 841 Chestnut
St. Building, Philadelphia. PA 19107.
(4) Region 4 (Alabama, Florida,
Georgia, Kentucky, Mississippi, North
Carolina, South Carolina, Tennessee):
345 Courtland St., NE, Atlanta, GA
30365.
(5) Region 5 (Illinois, Indiana,
Michigan, Minnesota, Ohio, Wisconsin):
77 West Jackson Boulevard, Chicago, IL
60604.
(6) Region 6 (Arkansas, Louisiana,
New Mexico, Oklahoma, Texas): 1445
Ross Avenue, Dallas, TX 75202-2733.
(7) Region 7 (Iowa, Kansas, Missouri,
Nebraska): 726 Minnesota Avenue,
Kansas City. KS 66101.
(8) Region 8 (Colorado, Montana.
North Dakota, South Dakota. Utah,
Wyoming): 999 18th Street, Denver, CO
80202-2405.
(9) Region 9 (Arizona, California,
Hawaii. Nevada, Guam. American
Samoa. Commonwealth of the Northern
Mariana Islands): 75 Hawthorne Street.
San Francisco, CA 94105.
(10) Region 10 (Alaska, Idaho, Oregon,
Washington): 1200 Sixth Avenue,
Seattle, WA 98101.
(c) For an informational listing of the
state and local requirements
incorporated in part 282, see appendix
A to this part.
§§ 282.3 through 282.49 [Reserved]
Subpart B—Approved State Programs
§§282.50-282.78 [Reserved]
§282.79 New Hampshire.
(a) The State of New Hampshire 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
New Hampshire Department of
Environmental Services, was approved
by EPA pursuant to 42 U.S.C 6991c and
part 281 of this Chapter. EPA's approval
was effective on July 19.1991.
(b) New Hampshire has primary
responsibility for enforcing its
underground storage tank program.
However, EPA retains the authority to
exercise its enforcement authorities
under sections 9005 and 9006 of subtitle
I of RCRA, 42 U.S.C. 6991d and 6991e,
as well as under other applicable
statutory and regulatory provisions.
(c) To retain program approval. New
Hampshire must revise its approved
program to adopt 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 New
Hampshire 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 section and notice of any change
will be published in the Federal
Register.
(d) New Hampshire has finalapproval
for the following elements submitted to
EPA in New Hampshire's program
application for final approval and
approved by EPA on June 19,1991.
becoming effective on July 19,1991.
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58626 Federal Register / VoL 58, No. 210 / Tuesday. November 2. 1993 / Rules and Regulations
Copies may be obtained from the
Underground Storage Tank Program,
New Hampshire Department of
Environmental Services, 6 Hazen Drive,
Concord, NH 03302-0095.
(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 otRCRA, 42 U.S.C. 6991
et set}.
(A) New Hampshire Statutory
Requirements Applicable to the
Underground Storage Tank Program,
1993.
(B) New Hampshire Regulatory
Requirements Applicable to the
Underground Storage Tank Program,
1993.
(ii) The following statutes and
regulations are part of the approved
state program, although not
incorporated by reference herein for
enforcement purposes.
(A) The statutory provisions include:
New Hampshire Revised Statutes
Annotated (Supplement 1988) Sections
146-C:9a, 146-JC:IO. and 146-G:10a; 147
A:l through 147-A:13; 541-A:1 through
541-A:10; 91-A:1 through 91-A:8.
(B) The regulatory provisions include:
New Hampshire Code of Administrative
Rules (1990) Part Env. C-602.08; Part
He-Pl90S.
(iii) The following statutory and
regulatory provisions 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:
New Hampshire Revised Statutes
Annotated (Supplement 1988) Section
146-C;l.Xn. insofar as it refers to
heating oil for consumptive use on the
premises where stored.
New Hampshire Code of Administrative
Rules (1990) Sections Env-Ws 411.01
and 411.02, insofar as they refer to
heating oil for consumptive use on the
premises where stored.
(2) Statement of legal authority, (i)
"Attorney General's Statement for Final
Approval", signed by the Attorney
General of New Hampshire on
November 1.1990, 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.
(ii) Letter from the Attorney General
of New Hampshire to EPA, November 1,
199O, thougli 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 el seq.
(3) Demonstration of procedures for
adequate enforcement. The
"Demonstration of Procedures For
Adequate Enforcement" submitted as
part of the original application in
December 1990, though not
incorporated by reference, is referenced
as part of the approved underground
storage tank prograiti 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 original
application in December 1990, 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
ef seq.
(5) Memorandum of agreement. The
Memorandum of Agreement between
EPA Region I and the New Hampshire
Department of Environmental Services,
signed by the EPA Regional
Administrator on August 8,1991,
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.
§§282.80-282.105 [Reserved]
Appendix A to Part 282—State
Requirements Incorporated by
Reference in Part 282 of the Code of
Federal Regulations
The following is an informational listing; of
the state requirements incorporated by
reference in part 282 of the Code of Federal
Regulations:
New Hampsh ire
(a) The statutory provisions include New
Hampshire Revised Statutes Annotated 1955,
1990 Replacement Edition, and 1992
Cumulative Supplement, Chapter 146-C,
Underground Storage Facilities:
Section 146-C: 1 Definitions, except for the
following word* in 14S-G1. HI.
"heating or,"
Section 14&-O2 Discharges Prohibited.
Section 146-03 Registration of
Underground Storage Facilities.
Section 146-04 Underground Storage
Facility Permit Required.
Section 146-C.-5 Records Required;
Inspections.
Section 146-C:6 Transfer of Ownership.
Section 146-C;6-a Exemption.
Section 146-C:7 New Facilities.
Section 146-G8 Prohibition Against
Reusing Tanks.
Section 146^C;9 Rulemaking.
Section 146-Gll Liability for Cleanup
Costs; Municipal Regulations.
Section 14&-OI2 Federal Assistance and
Private Fundi.
(bj The regulatory provision* include:
(1) New Hampshire Code of Administrative
Rules (November 1990) Part Env-Ws 411,
Control of Underground Storage Facilities:
Section 411,01 Purpose, except for the
following wordf. "heating oils."
Section 411.02 Applicability, except for
411.02(d).
Section 411.03 Definitions.
Section 411.04 Registration.
Section 411.05 Change in Use.
Section 411.06 Information Required for
Registration.
Section 411.07 Permit to Operate.
Section 411.08 Transfer of Facility
Ownership.
Section 411.10 Financial Responsibility.
Section 411.11 Inventory Monitoring.
Section 411.12 Regulated Substance
Transfers.
Section 411,13 Tightness Testing.
Section 411.14 Certification of Technicians
Performing Tightness Tests.
Section 411.15 Tightness Test Failures.
Section 411.16 Unusual Operating
Conditions.
Section 411.17 Temporary Closure.
Section 411.18 Permanent Closure.
Section 411.19 Prohibition Against Reusing
Tanks.
Section 411.20 Requirements for Approval
of Underground Storage Systems.
Section 411.21 Tank Standards for New
Underground Storage Systems.
Section 411.22 Piping Standards for New
Underground Storage System*.
Section 411.23 Secondary Containment for
New Tanks.
Section 411.24 Secondary Containment for
New Pressurized Piping.
Section 411.25 Spill Containment and
Overfill Protection.
Section 411.26 Leak Monitoring for New
Tanks.
Section 411.27 Leak Monitoring for New
Underground Piping Systems.
Section 411,28 Installation of New
Underground Storage Systems.
Section 411.29 Release Detection for Tanks
Without Secondary Containment and
Leak Monitoring, except for the
following words in 411.29Ca), "With the
exception of on premise use heating oil
systems."
Section 411.30 Release Detection for Piping.
Section 411.31 Operation of Leak
Monitoring Equipment.
Section 411.32 Corrosion Protection for
Steel Tanks.
Section 411.33 Corrosion Protection for
Piping.
Section 411.34 Submission of Corrosion
Protection Plan.
Section 411.35 RelMng Steel Tanks.
Section 411.36 Repair of Fiberglass-
Reinforced Plastic Tanks.
Section 411.37 Repair and Replacement of
Piping Systems.
Section 411.38 Field Fabricated Tanks.
Section 411,39 Secondary Containment for
Hazardous Substance Systems.
Section 411.40 Waivers.
(2) New Hampshire Code of Administrative
Rules (November 19905 Part Env-Ws 412,
Reporting and Remediation of Oil Discharges:
Section 412.01 Purpose.
Section 412.02 Applicability.
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Federal Register I Vol. 58. No. 210 / Tuesday, November 2, 1993 / Rules and Regulations 58627
Section 412.03 Definitions. Section 412.09 Investigation Due to Section 412.12 Remedial Action Plan.
Section 412.04 Notification. Discovery of Discharges from Unknown Section 412.13 Public Notification.
Section 412.05 Initial Response Action. Sources. Section 412.14 Waivers.
f60!!0" *^ Abatement Measures Section 412.10 Site Investigation. (FR Doc. 93-26409 Filed 11-01-93; 8:45 am]
Section 412.07 Free Product Removal. Section412.il Site Investigation Report. '
Section 412.08 Initial Site Characterization. BILUMO cooe
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