

[Federal Register: March 22, 2006 (Volume 71, Number 55)]
[Proposed Rules]               
[Page 14442-14444]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr22mr06-34]                         

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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 281

[FRL-8048-2]

 
Indiana; Tentative Approval of State Underground Storage Tank 
Program

ACTION: Proposed rule; notice of tentative determination on application 
of State of Indiana for final approval, public hearing and public 
comment period.

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SUMMARY: The State of Indiana has applied for approval of the 
underground storage tank program under Subtitle I of the Resource 
Conservation and Recovery Act (RCRA). The Environmental Protection 
Agency (EPA) has reviewed the Indiana application and has made the 
tentative decision that Indiana's underground storage tank program 
satisfies all of the requirements necessary to qualify for approval. 
The Indiana application for approval is available for public review and 
comment. A public hearing will be held if sufficient public interest is 
expressed.

DATES: A public hearing will be held if sufficient public interest is 
expressed and communicated to EPA in writing by April 11, 2006. EPA 
will determine by April 21, 2006, whether there is significant interest 
to hold the public hearing. The State of Indiana will participate in 
any public hearing held by EPA on this subject. Written comments on the 
Indiana approval application, as well as requests to present oral 
testimony, must be received by the close of business on April 11, 2006.

ADDRESSES: EPA has established a docket for this action under Docket ID 
No. EPA-R05-UST-2006-0188. All documents in the docket are listed on 
the http://www.regulations.gov Web site. Although listed in the index, 

some information is not publicly available (e.g., CBI or other 
information whose disclosure is restricted by statute). Certain other 
material, such as copyrighted material, is not placed on the Internet 
and will be publicly available only in hard form. Publicly available 
docket materials are available either electronically through http://www.regulations.gov
 or in hard copy as follows. You can view and copy 

Indiana's approval application at the following addresses:
    Indiana Department of Environmental Management, File Room located 
on the 12th floor of the Indiana Government Center--North, 100 North 
Senate Avenue 46204, Telephone: (317) 234-0963, Monday through Friday, 
8:30 a.m. through 4:30 p.m.; and
    U.S. EPA Region 5, Underground Storage Tank Section, 77 West 
Jackson Blvd., Chicago, Illinois 60604. This facility is open from 8:30 
a.m. to 4:30 p.m., Monday through Friday, excluding legal holidays. We 
recommend you telephone Sandra Siler, Enforcement Officer, at (312) 
886-0429 before visiting the Region 5 office.
    Submit written comments, identified by Docket ID No. EPA-R05-UST-
2006-0188, by one of the following methods: http://www.regulations.gov: 

Follow the online instructions for submitting comments.
    E-mail: tschampa.andrew@epa.gov.
    Fax: (312) 353-3159.
    Mail: Mr. Andrew Tschampa, Chief of Underground Storage Tank 
Section, U.S. EPA Region 5, DU-7J, 77 West Jackson Blvd., Chicago, 
Illinois 60604.
    Hand Delivery: Andrew Tschampa, Chief of Underground Storage Tank 
Section, U.S. EPA, DU-7J, 77 W. Jackson Boulevard, Chicago, Illinois 
60604. Such deliveries are only accepted during the Regional Office 
normal hours of operation, and special

[[Page 14443]]

arrangements should be made for deliveries of boxed information. The 
Regional Office Official hours of business are Monday through Friday, 
8:30 a.m. to 4:30 p.m. excluding Federal holidays.
    Instructions: Direct your comments to Docket ID No. EPA-R05-UST-
2006-0188. EPA's policy is that all comments received will be included 
in the public docket without change and may be made available online at 
http://regulations.gov, including any personal information provided, 

unless the comment includes information claimed to be Confidential 
Business Information (CBI) or other information whose disclosure is 
restricted by statute. Do not submit information that you consider to 
be CBI or otherwise protected through http://www.regulations.gov or e-

mail.
    The http://www.regulations.gov Web site is an ``anonymous access'' 

system, which means EPA will not know your identity or contact 
information unless you provide it in the body of your comment. If you 
send an e-mail comment directly to EPA without going through http://www.regulations.gov
 your e-mail address will be automatically captured 

and included as part of the comment that is placed in the public docket 
and made available on the Internet. If you submit an electronic 
comment, EPA recommends that you include your name and other contact 
information in the body of your comment and with any disk or CD-ROM you 
submit. If EPA cannot read your comment due to technical difficulties 
and cannot contact you for clarification, EPA may not be able to 
consider your comment. Electronic files should avoid the use of special 
characters, any form of encryption, and be free of any defects or 
viruses. For additional information about EPA's public docket visit the 
EPA Docket Center homepage at http://www.epa.gov/epahome/dockets.htm.

    Unless sufficient public interest is expressed, EPA will not hold a 
public hearing on the State of Indiana's application for program 
approval. Anyone who wishes to learn whether or not a public hearing on 
the State's application has been scheduled should telephone the 
following contacts after April 21, 2006:
    Mr. Andrew Tschampa, Chief, Underground Storage Tank Section, U.S. 
EPA Region 5, DU-7J, 77 West Jackson Blvd., Chicago, Illinois 60604, 
Telephone: (312) 886-6136, or
    Mr. Skip Powers, Chief, Underground Storage Tank Section, Indiana 
Department of Environmental Management, 100 N. Senate Avenue, 
Indianapolis, Indiana 46206, Telephone: (317) 308-3039.

FOR FURTHER INFORMATION CONTACT: Mr. Andrew Tschampa, Chief, 
Underground Storage Tank Section, U.S. EPA Region 5, DU-7J, 77 West 
Jackson Blvd., Chicago, Illinois, Telephone: (312) 886-6136.

SUPPLEMENTARY INFORMATION:

I. Background

    Section 9004 of the Resource Conservation and Recovery Act (RCRA) 
authorizes 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 may be granted by EPA pursuant to RCRA 
section 9004(b), if the Agency finds that the State program: Is ``no 
less stringent'' than the Federal program for the seven elements set 
forth at RCRA section 9004(a)(1) through (7); includes the notification 
requirements of RCRA section 9004(a)(8); and provides for adequate 
enforcement of compliance with UST standards of RCRA section 9004(a). 
Note that RCRA sections 9005 (on information-gathering) and 9006 (on 
Federal enforcement) by their terms apply even in states with programs 
approved by EPA under RCRA section 9004. Thus, the Agency retains its 
authority under RCRA sections 9005 and 9006, 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 analogues to these provisions.

II. Indiana

    The Indiana Department of Environmental Management (IDEM) is the 
implementing agency for underground storage tank (UST) activities in 
the State.
    IDEM UST/LUST program was first implemented in 1986 and IDEM 
recently amended its technical rules, which came into effect October 
2004. Indiana adopted UST program regulations for petroleum and 
hazardous substance underground storage tanks. Prior to the adoption of 
the regulations, Indiana solicited public comments on the draft UST 
program regulations.
    IDEM submitted their application for State Program Approval (SPA) 
of Indiana's UST program to U.S. EPA by letter dated April 5, 2005. EPA 
reviewed IDEM's application and determined it to be complete. EPA 
notified IDEM in a June 22, 2005, letter that the Indiana application 
was complete. In addition, EPA has reviewed the IDEM application and 
has tentatively determined that the State's UST program meets all of 
the requirements necessary to qualify for final approval.
    EPA will not hold a public hearing on its tentative decision, 
unless sufficient public interest is expressed. The public may also 
submit written comments on EPA's tentative determination until April 
11, 2006. Copies of the Indiana 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 at a public hearing if scheduled, or received in 
writing during the public comment period. Issues raised by those 
comments may be the basis for a decision to deny final approval to 
Indiana. EPA expects to make a final decision on whether or not to 
approve Indiana's program within 60 days of the close of the public 
comment period, and will give notice of it in the Federal Register. The 
document will include a summary of the reasons for the final 
determination and a response to all significant and pertinent comments.
    Included in the State's Application is an Attorney General's 
statement. In some instances, the State program may be broader in scope 
or more stringent than the Federal program. The Attorney General's 
statement provides an outline of the State's statutory and regulatory 
authority and details concerning areas where the State program is 
broader in scope or more stringent than the Federal program.

III. Statutory and Executive Order Reviews

    This rule only applies to the Indiana Department of Environmental 
Management's underground storage tank program requirements pursuant to 
RCRA section 9004 and imposes no requirements other than those imposed 
by State law (see supplementary Information). Therefore, this rule 
complies with applicable executive orders and statutory provisions as 
follows.
    1. Executive Order 12866: Regulatory Planning Review--The Office of 
Management and Budget has exempted this rule from its review under 
Executive Order (EO) 12866.
    2. Paperwork Reduction Act--This rule does not impose an 
information collection burden under the Paperwork Reduction Act.

[[Page 14444]]

    3. Regulatory Flexibility Act--After considering the economic 
impacts of today's rule on small entities under the Regulatory 
Flexibility Act, I certify that this rule will not have a significant 
economic impact on a substantial number of small entities.
    4. Unfunded Mandates Reform Act--Because this rule codifies pre-
existing requirements under State law and does not impose any 
additional enforceable duty beyond that required by State law, it does 
not contain any unfunded mandate or significantly or uniquely affect 
small governments, as described in the Unfunded Mandates Reform Act.
    5. Executive Order 13132: Federalism--EO 13132 does not apply to 
this rule because it will not have federalism implications (i.e., 
substantial direct effects on the States, on the relationship between 
the national government and the States, or on the distribution of power 
and responsibilities among the various levels of government).
    6. Executive Order 13175: Consultation and Coordination with Indian 
Tribal Governments--EO 13175 does not apply to this rule because it 
will not have tribal implications (i.e., substantial direct effects on 
one or more Indian tribes, on the relationship between the Federal 
Government and Indian tribes, or on the distribution of power and 
responsibilities between the Federal Government and Indian tribes).
    7. Executive Order 13045: Protection of Children from Environmental 
Health & Safety Risks--This rule is not subject to EO 13045 because it 
is not economically significant and it is not based on health or safety 
risks.
    8. Executive Order 13211: Actions that Significantly Affect Energy 
Supply, Distribution, or Use--This rule is not subject to EO 13211 
because it is not a significant regulatory action as defined in EO 
12866.
    9. National Technology Transfer and Advancement Act--Section 12(d) 
of the National Technology Transfer and Advancement Act of 1995 
(``NTTAA''), Public Law 104-113, 12(d) (15 U.S.C. 272 note) directs EPA 
to use voluntary consensus standards in its regulatory activities 
unless to do so would be inconsistent with applicable law or otherwise 
impractical. Voluntary consensus standards are technical standards 
(e.g., materials specifications, test methods, sampling procedures, and 
business practices) that are developed or adopted by voluntary 
consensus standards bodies. The NTTAA directs EPA to provide Congress, 
through OMB, explanations when the Agency decides not to use available 
and applicable voluntary consensus standards.
    This action does not involve technical standards. Therefore, EPA is 
not considering the use of any voluntary consensus standards.

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 Sections 
2002(a), 7004(b), and 9004 of the Solid Waste Disposal Act as 
amended, 42 U.S.C. 6912(a), 6974(b), and 6991(c).

    Dated: March 9, 2006.
Bharat Mathur,
Acting Regional Administrator, Region 5.
 [FR Doc. E6-4145 Filed 3-21-06; 8:45 am]

BILLING CODE 6560-50-P
