Iowa; Approval of State Underground Storage Tank Program

ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 281

[FRL-5028-5]

Iowa; Approval of State Underground Storage Tank Program

AGENCY: Environmental Protection Agency.

ACTION: Notice of tentative determination on application of State of

Iowa for final approval, public comment period.

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SUMMARY: The State of Iowa 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 Iowa's application and has made the tentative

decision that Iowa's UST program satisfies all of the requirements

necessary to qualify for final approval. Thus, EPA intends to grant

final approval to Iowa to operate its program in lieu of the federal

program. Iowa's 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 there is significant interest.

DATES: The public may submit written comments on EPA's tentative

determination until September 8, 1994. EPA expects to make a final

decision on whether or not to approve Iowa's program by November 7,

1994, and will give notice of it in the Federal Register. Any request

for a hearing and all comments on Iowa's final approval application

must be received at the EPA Region 7 office by the close of business on

September 8, 1994.

ADDRESSES: Comments should be sent to Lee Daniels, Coordinator,

Underground Storage Tank Section, EPA Region 7, 726 Minnesota Ave.,

Kansas City, Kansas, 66101. Phone: (913) 551-7651. Copies of Iowa's

program application are available during business hours at the

following addresses for inspection and copying: Iowa Department of

Natural Resources, Wallace State Office Building, Des Moines, Iowa,

Phone: (515) 281-8779; U.S. EPA Headquarters, Library, Room 211A, 401 M

Street, SW., Washington, DC 20460, Phone: (202) 382-5926; and U.S. EPA

Region 7 Library, 726 Minnesota Ave., Kansas City, Kansas 66101, Phone:

(913) 551-7266.

FOR FURTHER INFORMATION CONTACT: Lee Daniels, Coordinator, Underground

Storage Tank Section, EPA Region 7, 726 Minnesota Ave., Kansas City,

Kansas, 66101. Phone: (913) 551-7651.

SUPPLEMENTARY INFORMATION:

Public Comments and Hearings

EPA will consider all public comments on its tentative

determination received during the public comment period or at a public

hearing, if held. Issues raised by those comments may be the basis for

a decision to deny final approval to Iowa. EPA will announce its final

determination in a Federal Register notice which will include a summary

of the reasons for the determination and a response to all major

comments. A public hearing will be held only if significant public

interest on substantive issues is shown. If a public hearing is held,

all those making comments or requesting a hearing will be notified by

EPA of the place and time.

A. Background

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

enables EPA to approve state UST programs to operate in the State in

lieu of the Federal UST program. Program approval is granted by EPA if

the Agency finds that the state program is (1) ``no less stringent''

than the Federal program in leak detection, maintaining records,

release reporting, corrective action, tank closure, financial

responsibility, new tank standards and the notification requirements of

Section 9004(a)(8), 42 U.S.C. 6991c(a)(8); and (2) provides for

adequate enforcement of compliance with UST standards (Section 9004(a),

42 U.S.C. 6991c(a)).

B. Iowa

The statute authorizing Iowa's Underground Storage Tank Program is

set forth in Division IV, Part 8 of Iowa Code Chapter 455B, entitled

``Underground Storage Tanks.'' Part 8 consists of Code Sections

455B.471 through 455.479 and is the statute the State of Iowa relies on

to obtain authorization for this program. In addition to its statutory

authority, The Environmental Protection Commission of the Department of

Natural Resources has adopted the federal regulations essentially

verbatim. The rules differ in certain instances as a result of

statutory requirements peculiar to Iowa's program, however, it is the

opinion of the Iowa Attorney General that these differences do not

render inadequate the State's authority to carry out this program. The

program includes standards for: new tanks, upgrading existing tanks,

general operating requirements, release detection, release reporting,

corrective action, tank closure, financial responsibility and

notification requirements.

On March 17, 1994, Iowa submitted an official application for

``complete'' program approval. On April 25, 1994, Iowa submitted H.F.

2118 which amended Iowa Code Sec. 455B.471(6) for inclusion in the

application. This bill amended the definition of an ``owner'' of an

underground storage tank and provided the conditions under which a

``lender'' might be exempted from that definition. Also, on June 7,

1994 Iowa modified its' application so that it is not seeking

authorization over Indian lands. Together, these comprise the Iowa

application. The Iowa program provides for regulation of both petroleum

and hazardous substance tanks. Iowa also regulates farm/residential

tanks of 1,100 gallons or less capacity. However, this part of the Iowa

program is broader in scope than the Federal program and is not

included in this tentative approval. Prior to its submission, Iowa

provided an opportunity for public notice and comment in the

development of its underground storage tank program as required under

40 CFR Sec. 281.50(b). EPA has reviewed Iowa's application and has

tentatively determined that the State's program meets all of the

necessary requirements to qualify for final approval. Consequently, EPA

intends to grant Iowa final approval to operate its program in lieu of

the Federal program.

The public may submit comments regarding EPA's tentative

determination as provided in the ``Dates'' section of this notice.

Compliance with Executive Order 12866

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

requirements 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 effectively suspends

the applicability of certain Federal regulations in favor of Iowa's

program, thereby eliminating duplicative requirements for owners and

operators of underground storage tanks in the State. 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 materials, State program approval, and Underground Storage

Tanks.

Authority: This notice is issued under the authority of Section

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

Dated: July 14, 1994.

Dennis Grams, P.E.,

Regional Administrator.

[FR Doc. 94-19184 Filed 8-8-94; 8:45 am]

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