Massachusetts; Approval of State Underground Storage Tank Program

DEPARTMENT OF THE TREASURY

40 CFR Part 281

[FRL-4885-7]

Massachusetts; Approval of State Underground Storage Tank Program

AGENCY: Environmental Protection Agency.

ACTION: Notice of tentative determination to approve the State of

Massachusetts' Underground Storage Tank program, public hearing and

public comment period.

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SUMMARY: The Commonwealth of Massachusetts has applied for final

approval of its underground storage tank (UST) program under Subtitle I

of the Resource Conservation and Recovery Act (RCRA). The Environmental

Protection Agency (EPA) has reviewed Massachusetts' application and has

made the tentative decision that Massachusetts' underground storage

tank program satisfies all of the requirements necessary to qualify for

final program approval. EPA intends to grant final approval to

Massachusetts to operate its program in lieu of the Federal program.

Massachusetts' application for final approval is available for public

review and comment and a public hearing will be held to solicit

comments on the application, if requested.

DATES: All written comments on Massachusetts' state program approval

application must be postmarked no later than June 30, 1994. EPA will

then respond to written comments where issues are raised concerning

EPA's tentative program approval.

A public hearing is scheduled for June 30, 1994. The hearing will

begin at 10 a.m. and will continue until the end of testimony or 1

p.m., whichever is later. Massachusetts will participate in any public

hearing held by EPA on this subject. Requests to present oral comments

at the hearing must be received at EPA by June 23, 1994. EPA reserves

the right to cancel the public hearing if significant public interest

in a hearing is not communicated to EPA in writing and postmarked by

June 30, 1994. EPA will determine after June 23, 1994 whether there is

significant interest to hold a public hearing. In the event the public

hearing is cancelled, persons requesting to present oral comments will

be timely notified of the cancellation.

ADDRESSES: Written comments should be mailed to Andrea Beland,

Underground Storage Tank Program, HPU-7, USEPA, Region I, JFK Federal

Building, Boston, Massachusetts 02203.

The public hearing will be held at 90 Canal Street, Boston, MA,

Large First Floor Conference Room.

Copies of Massachusetts' final approval application are available

between 8:30 a.m.-4 p.m., Monday through Friday, at the following

locations for review and copying:

Massachusetts, Department of Environmental Protection, Bureau of

Waste Site Cleanup, One Winter Street, Boston, Massachusetts 02108,

Phone: (617) 292-5887;

Massachusetts, Department of Public Safety, Office of the State

Fire Marshal (MA DPS), 1010 Commonwealth Avenue, Boston, Massachusetts

02215, Phone: (617) 351-6210;

USEPA Headquarters, Library, room 211A, 401 M Street, Washington,

SW., DC 20460, Phone: (202) 382-5926;

USEPA, Region I Library, 1 Congress Street, 11th Floor, Boston,

Massachusetts 02203, Phone: (617) 565-3300.

FOR FURTHER INFORMATION CONTACT: Andrea Beland, HPU-7, Underground

Storage Tank Program, USEPA, Region I, JFK Federal Building, Boston,

Massachusetts 02203, Phone: (617) 573-9604.

SUPPLEMENTARY INFORMATION:

A. Background

Section 9004 of the Resource Conservation and Recovery Act (RCRA),

42 U.S.C. 9004, authorizes EPA to approve State underground storage

tank programs to operate in lieu of the Federal underground storage

tank (UST) program. Program approval is granted by EPA, if the Agency

finds that the State program:

(1) Is ``no less stringent'' than the Federal program in all seven

elements found at 40 CFR part 281;

(2) Includes the notification requirements found at section

9004(a)(8), 42 U.S.C. 6991c(a)(8); and

(3) Provides for adequate enforcement of compliance with UST

standards at section 9004(a), 42 U.S.C. 6991c(a).

B. Massachusetts

On December of 1991, the Commonwealth of Massachusetts submitted a

draft application to EPA for program approval. The Massachusetts

Department of Public Safety (MA DPS) and the Massachusetts Department

of Environmental Protection (MA DEP) jointly prepared the application.

MA DPS is responsible for the underground storage tank regulatory

program, and the MA DEP is responsible for enforcing the leaking

underground storage tank corrective action program. Prior to the

submission, the MA DPS, working with EPA, amended its UST rules, to

meet the ``no less stringent'' Federal requirements. Consistent with

Massachusetts' laws, the Commonwealth provided public notice and an

opportunity to comment on the amended regulations. A public hearing was

held on February 25, 1992, and the regulations became effective on

March 27, 1992.

In accordance with the requirements of 40 CFR 281.50(b),

Massachusetts published a public notice on June 9, 1992, announcing a

public hearing to be held on July 9, 1992, and requesting comments on

Massachusetts' intention to seek program approval. On November 23,

1992, EPA received a Final Application for program approval. The

regulations governing the Massachusetts UST technical requirements and

those regulating releases were amended in the summer of 1993. The

Commonwealth's UST technical regulations became effective on July 1,

1993 and the regulations covering releases became effective on October

1, 1993. The Commonwealth then submitted a revised Final Application

for program approval to EPA on August 18, 1993. EPA reviewed

Massachusetts' application and tentatively determined that the

Commonwealth's program meets all of the requirements necessary to

qualify for final program approval. Consequently, EPA intends to grant

final approval to Massachusetts to operate its program in lieu of the

Federal program.

Based on a detailed review of the Massachusetts' application for

UST program approval, EPA has determined that the Massachusetts

Department of Public Safety, through the Office of the State Fire

Marshal has developed standards and criteria for the design,

installation, operation, maintenance, and monitoring of underground

storage tanks to prevent UST related ground and surface water

contamination, under the authority of Chapter 148, Section 38E of the

Massachusetts General Laws. Chapter 148, Section 38E of the

Massachusetts General Laws provides:

(1) Authority to promulgate UST regulations for controlling

underground storage facilities containing petroleum and hazardous

substances;

(2) Authority to impose civil penalties for violations of any

statutory or regulatory requirement;

(3) Authority to conduct compliance monitoring inspections and

other enforcement activities; and

(4) Notification requirements for owners of underground storage

tanks including heating oil tanks.

In addition, the Massachusetts Department of Environmental

Protection, through the Bureau of Waste Site Cleanup, has developed

standards and criteria for the response and remediation of leaking

underground storage tanks pursuant to Chapter 21E of the Massachusetts

General Laws, the Massachusetts Oil and Hazardous Materials Release

Prevention and Response Act, July 1, 1992, as amended. Chapter 21E of

the Massachusetts General Laws provides:

(1) Authority to promulgate regulations for the response to and

remediation of a release of oil or hazardous material;

(2) Authority to impose civil penalties for violations of any

provision of the statute; and

(3) Authority to conduct compliance monitoring inspections and

other enforcement activities.

C. Public Comments

In accordance with section 9004 of RCRA, 42 U.S.C. 6991c and 40 CFR

281.50(e), if sufficient public interest is received by June 23, 1994,

EPA will hold a public hearing on its tentative decision on June 30,

1994 from 10 a.m.-1 p.m. at 90 Canal Street, Boston, MA, Large First

Floor Conference Room. The public may also submit written comments on

EPA's tentative determination. Written comments must be postmarked by

June 30, 1994 as to allow EPA and the Commonwealth a reasonable

opportunity to research and prepare responses. Copies of Massachusetts'

application are available for inspection and copying at the locations

indicated in the ``Addresses'' section of this document.

EPA will consider all public comments on its tentative

determination received during the public comment period and at the

hearing. Issues raised by those comments may be the basis for a

decision to deny final approval to Massachusetts. EPA expects to make a

final decision on whether or not to approve Massachusetts' program

within sixty (60) days after the date of the public hearing and will

give notice of it in the Federal Register. The notice will include a

summary of the reasons for the final determination and a response to

all significant comments.

Compliance With Executive Order 12866

The Office of Management and Budget has exempted this rule from the

requirement of section 6 of Executive Order 12866.

Certification Under the Regulatory Flexibility Act

Pursuant to the provisions of 5 U.S.C 605(b), I hereby certify that

this approval will not have a significant economic impact on a

substantial number of small entities. The approval of Massachusetts'

UST program effectively suspends the applicability of the Federal UST

regulations, thereby eliminating duplicative requirements for owners

and operators of underground storage tanks in the Commonwealth. It does

not impose any new burdens on small entities. This rule, therefore,

does not require a regulatory flexibility analysis.

List of Subjects in 40 CFR Part 281

Environmental protection, Administrative practice and procedure,

Hazardous material, State program approval, Underground storage tanks.

Authority: This action is issued under the authority of section

9004 of the Solid Waste Disposal Act as amended, 42 U.S.C 6991c.

Dated: May 8, 1994.

Patricia L. Meaney,

Acting Regional Administrator.

[FR Doc. 94-11988 Filed 5-16-94; 8:45 am]

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