Kansas; Approval of State Underground Storage Tank Program

ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 281

[FRL-4843-1]

Kansas; Approval of State Underground Storage Tank Program

AGENCY: Environmental Protection Agency.

ACTION: Notice of Tentative Determination on Application of the State

of Kansas for Final Approval, Public Comment Period.

-----------------------------------------------------------------------

SUMMARY: The State of Kansas 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 Kansas' application and has made the

tentative decision that Kansas' UST program satisfies all of the

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

to grant final approval to Kansas to operate its program in lieu of the

federal program. Kansas' 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 April 1, 1994.

EPA expects to make a final decision on whether or not to approve

Kansas' program by May 31, 1994 and will give notice of it in the

Federal Register.

Any request for a hearing and all comments on Kansas' final

approval application must be received at the EPA Region 7 office by the

close of business on April 1, 1994.

ADDRESSES: Copies of Kansas' program application are available during

business hours at the following addresses for inspection and copying:

Kansas Department of Health and Environment, Forbes Field, Building

740, Topeka, Kansas, Phone: (913) 296-1678; U.S. EPA Headquarters, OUST

Docket, room 2616, 401 M Street, SW., Washington, DC 20460, Phone:

(202) 260-9720; 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:

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 new tank standards, upgrading existing

tanks, general operating requirements, release detection, release

reporting, corrective action, tank closure, financial responsibility

and 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. Kansas

Kansas promulgated its first UST regulations in 1981 under the

authority of the water pollution control statutes. With the enactment

of the Kansas Storage Tank Act, K.S.A. 65-34,101 through 65-34,124,

promulgated on May 18, 1989, the Kansas Department of Health and

Environment now has specific authority to regulate underground storage

tanks and enforce compliance of these regulations. Over the years the

regulations have undergone a series of revisions which now are

consistent with and no less stringent than the Federal 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. These regulations have been in effect since

November 26, 1990.

On September 1, 1993, Kansas submitted an official application for

``complete'' program approval which includes regulation of both

petroleum and hazardous substance tanks. Kansas also regulates heating

oil tanks with the exception of tanks used to store heating oil for

consumptive use on a single family residence. However, this part of the

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

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

provided an opportunity for public notice and comment in the

development of its underground storage tank program as required under

40 CFR 281.50(b). EPA has reviewed Kansas' 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 Kansas final approval to Kansas to operate its program

in lieu of the Federal program.

The public may submit comments regarding EPA's tentative

determination as provided in the ``Submission of Comments'' 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 Kansas'

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.

Submission of Comments

The public may submit written comments on EPA's tentative

determination until April 1, 1994. EPA will consider all public

comments on its tentative determination received during the public

comment period or which may be received at the public hearing. Issues

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

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

not to approve Kansas' program by May 31, 1994 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.

A public hearing will be held only if significant public interest

on substantive issues is shown. Any request for a hearing and all

comments on Kansas' final approval application must be received at the

EPA Region 7 office by the close of business on April 1, 1994. If a

public hearing is held, all those making comments or requesting a

hearing will be notified by EPA of the place and time.

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.

Dennis Grams,

Regional Administrator.

[FR Doc. 94-4544 Filed 3-1-94; 8:45 am]

BILLING CODE 6560-50-P