Utah; Final Approval of State Underground Storage Tank Program

ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 281

[FRL-5095-5]

Utah; Final Approval of State Underground Storage Tank Program

AGENCY: Environmental Protection Agency.

ACTION: Notice of Tentative Determination on Application of State of

Utah for Final Approval, Public Hearing and Public Comment Period.

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SUMMARY: The State of Utah has applied for final approval of its

underground storage tank program under Subtitle I of the Resource

Conservation and Recovery Act (RCRA). The Environmental Protection

Agency (EPA) has reviewed the Utah application and has made the

tentative decision that Utah's underground storage tank (UST) program

satisfies all of the requirements necessary to qualify for final

approval. Notably, the State of Utah's statute authorizes the issuance

of regulations that are broader in scope than the Federal regulations.

EPA intends to grant final approval to the State to operate its program

in lieu of the Federal program. The State of Utah's application for

final approval is available for public review and comment.

DATES: All comments on Utah's final approval application must be

received by the close of business on November 28, 1994. The public

hearing is tentatively scheduled for December 16, 1994.

ADDRESSES: Written comments should be sent to U.S. EPA, Attn: Leslie

Zawacki, mail code (8HWM-WM), Region 8, 999 18th Street, Suite 500,

Denver, Colorado 80202.

If a public hearing is held it will be at the Department of

Environmental Quality, 168 North 1950 West, Salt Lake City, Utah 84116,

at 1 p.m.

Copies of Utah's final approval application are available during

normal working days at the following addresses for inspection and

copying: from 8 a.m.-5 p.m. at the Utah Department of Environmental

Quality, Division of Environmental Response and Remediation, 168 North

1950 West, 1st Floor, Salt Lake City, Utah 84116, phone: (801) 536-

4100; and from 12 p.m.-4 p.m. at the U.S. EPA Region 8, Library, Suite

144, 999 18th Street, Denver, Colorado 80202, phone: (303) 294-7616.

FOR FURTHER INFORMATION CONTACT: Leslie Zawacki, Underground Storage

Tank Program Section, U.S. EPA, Region 8, 8HWM-WM, 999 18th Street,

Denver, Colorado 80202, phone: (303) 293-1665.

SUPPLEMENTARY INFORMATION: EPA has tentatively scheduled a public

hearing on this determination. If a sufficient number of people express

interest in participating in a hearing by writing to EPA or calling the

contact within 30 days of the date of publication of this notice, EPA

will hold a hearing on the date given below in the DATES section. EPA

will notify all persons who submit comments on this notice if it

decides to hold the hearing. In addition, anyone who wishes to learn

whether the hearing will be held may call the person listed in the FOR

FURTHER INFORMATION CONTACT section.

A. Background

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

enables EPA to approve state underground storage tank programs to

operate in the State 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, and includes 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. State of Utah

In February 1986, the State of Utah established authority through

the Utah Solid and Hazardous Waste Act to implement an underground

storage tank program, the State further developed its authority in the

UST Act in February 1989. The State adopted the federal rules and

developed some additional rules in February 1989. The State submitted a

draft application for state program approval in September 1992. EPA

reviewed and commented on the draft application and requested

additional information to be included in the final application.

On September 20, 1993, Utah submitted an official application for

final approval. Prior to its submission, Utah provided an opportunity

for public notice and comment in the development of its underground

storage tank program as required under Sec. 281.50(b). EPA has reviewed

Utah's application, and has tentatively determined that the State's

program meets all of the requirements necessary to qualify for final

approval. Consequently, EPA intends to grant final approval to Utah to

operate its program in lieu of the Federal program.

This tentative determination to approve the Utah UST program

applies to all activities in Utah outside of Indian Country, as defined

in 18 U.S.C. 1151. The Environmental Protection Agency retains all

underground storage tank authority under RCRA which applies to Indian

Country in Utah.

Before EPA would be able to approve the State of Utah UST program

for any portion of ``Indian Country,'' the State would have to provide

an appropriate analysis of the State's jurisdiction to enforce in these

areas. In order for a state to satisfy this requirement, it must

demonstrate to the EPA's satisfaction that it has authority pursuant to

applicable principles of Federal Indian Law to enforce its laws against

existing and potential pollution sources within any geographical area

for which it seeks program approval. EPA is not satisfied that Utah

has, at this time, made the requisite showing of its authority with

respect to such lands.

In withholding program approval for these areas, EPA is not making

a determination that the State either has adequate jurisdiction or

lacks such jurisdiction. Should the State of Utah choose to submit

analysis with regard to its jurisdiction over all or part of ``Indian

Country'' in the State, it may do so without prejudice.

EPA's future evaluation of whether to approve the Utah program for

``Indian Country,'' to include Indian reservation lands, will be

governed by EPA's judgment as to whether the State has demonstrated

adequate authority to justify such approval, based upon its

understanding of the relevant principles of Federal Indian law and

sound administrative practice. The State may wish to consider EPA's

discussion of the related issue of tribal jurisdiction found in the

preamble to the Indian Water Quality Standards Regulation (see 56 FR

64876, December 12, 1991).

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

281.50(e), the Agency will accept written comments on EPA's tentative

determination until November 28, 1994. Copies of Utah's application are

available for inspection and copying at the locations indicated in the

``Addresses'' section of this notice.

EPA will consider all public comments on its tentative

determination received during the public comment period. Issues raised

by those comments may be the basis for a decision to deny final

approval to Utah. EPA expects to make a final decision on whether or

not to approve Utah's program by January 25, 1995 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 major

comments.

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

requirements of section 6 of Executive Order 12866.

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 Utah'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, 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: October 5, 1994.

William P. Yellowtail,

Regional Administrator.

[FR Doc. 94-26248 Filed 10-26-94; 8:45 am]

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