

[Federal Register: November 27, 2006 (Volume 71, Number 227)]
[Proposed Rules]               
[Page 68517-68518]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr27no06-20]                         

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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 281

[EPA-R08-UST-2006-0295; FRL-8247-2]

 
Colorado: Tentative Approval of State Underground Storage Tank 
Program

AGENCY: Environmental Protection Agency (EPA).

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

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SUMMARY: The State of Colorado has applied for final approval of its 
Underground Storage Tank (UST) Program under Subtitle I of the Resource 
Conservation and Recovery Act (RCRA). EPA has reviewed Colorado's 
application and made the tentative decision that the State's UST 
program satisfies all requirements necessary to qualify for final 
approval.

DATES: Any member of the public is invited to provide written comments 
and/or request a public hearing on this determination by December 27, 
2006. A public hearing will be held if sufficient public interest is 
expressed and communicated to EPA in writing by December 27, 2006. EPA 
will determine by January 26, 2007, whether there is significant 
interest to hold a public hearing. The State of Colorado will 
participate in any public hearing held by EPA on this subject. Please 
see SUPPLEMENTARY INFORMATION, Item C, for details.

ADDRESSES: Written comments and requests for a public hearing shall be 
addressed to: Robert E. Roberts, Regional Administrator, c/o Francisca 
Chambus (8P-W-GW), U.S. EPA, Region 8, 999 18th Street, Suite 200, 
Denver, CO 80202-2466. Comments, as well as requests to present oral 
testimony, must be received by the close of business on December 27, 
2006.
    All documents relating to this determination are available for 
public inspection and copying at the following locations: (1) U.S. EPA, 
Library, Region 8, 999 18th Street, Suite 144, Denver, CO 80202-2466 
from 9AM to 4PM, (2) Colorado Department of Labor & Employment, 
Division of Oil and Public Safety, Public Records Center, 633 17th 
Street, Suite 200, Denver, CO 80202 from 8AM to Noon, or (3) online at: 
http://www.regulations.gov, with reference to Docket ID No. EPA-R08-

UST-2006-0295. However, based on sensitivity, certain materials are 
available in hardcopy only. Comments

[[Page 68518]]

can be submitted via http://www.regulations.gov. The 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. If EPA 
cannot read your comments 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 FURTHER INFORMATION CONTACT: Francisca Chambus at 303-312-6782.

SUPPLEMENTARY INFORMATION:

A. Background

    Section 9004 of RCRA enables EPA to approve implementation of State 
UST programs in lieu of the Federal UST program. Approval is granted 
when it has been determined that the State program: (1) is ``no less 
stringent'' than the overall Federal program 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 of 
Section 9004(a), 42 U.S.C. 6991c(a).

B. State of Colorado

    The Colorado Department of Labor & Employment, Division of Oil & 
Public Safety (OPS) is the lead implementing agency for the UST program 
in Colorado. OPS has broad statutory authority to regulate UST releases 
under Colorado Revised Statutes, Title 8, Labor and Industry, Articles 
20 and 20.5. Specific authority to regulate the installation, 
operation, maintenance, and closure of USTs is found under Colorado 
Department of Labor and Employment; Division of Oil and Public Safety; 
Storage Tank Regulation 7 CCR 1101-14.
    Colorado is not authorized to carry out its UST program in ``Indian 
country.'' This includes all lands within the exterior boundaries of 
the Southern Ute and Ute Mountain Ute Indian Reservations; any land 
held in trust by the United States for an Indian tribe, and any other 
areas that are ``Indian country'' within the meaning of 18 U.S.C. 1151.

C. Requesting a Hearing

    Any request for a public hearing shall include: (1) The name, 
address, and telephone number of the individual, organization, or other 
entity requesting a hearing, (2) a brief statement of the requester's 
interest in the RA's determination and of information that he/she 
intends to submit at such hearing, (3) the signature of the requester 
or responsible official, if made on behalf of an organization or other 
entity, and (4) the associated Docket ID Number, if available.
    Notice of any hearing shall be given not less than fifteen (15) 
days prior to the time scheduled for the hearing, and will be made by 
the RA in the Federal Register and newspapers of general circulation in 
the State. A notice will also be sent to both the person(s) requesting 
the hearing and the State. The hearing notice will include a statement 
of purpose, information regarding time and location, and the address 
and telephone number where interested persons may obtain further 
information. The RA will issue a final determination upon review of the 
hearing record.
    Frivolous or insubstantial requests for a hearing may be denied by 
the RA. However, if a substantial request is made within thirty (30) 
days after this notice, a public hearing will be held. Please bring 
this notice to the attention of any persons known by you to have an 
interest in this determination.

D. Statutory and Executive Order (EO) Review

    This rule only applies to Colorado's UST Program requirements 
pursuant to RCRA Section 9004 and imposes no requirements other than 
those imposed by State law. It complies with applicable EOs and 
statutory provisions as follows: (1) Under EO 12866: Regulatory 
Planning Review, the Office of Management & Budget (OMB) has exempted 
this rule from review; (2) under Paperwork Reduction Act, this rule 
does not impose an information collection burden; (3) under Regulatory 
Flexibility Act, and after considering economic impacts, I certify that 
this rule will not have significant economic impact on a substantial 
number of small entities; (4) as described in the 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; (5) under EO 
13132: Federalism, this rule does not apply because it will not have 
federalism implications; (6) under EO 13175: Consultation & 
Coordination with Indian Tribal Governments, this rule does not apply 
because it will not have tribal implications; (7) under EO 13045: 
Protection of Children from Environmental Health & Safety Risks, this 
rule is not subject because it is not economically significant, nor is 
it based on health or safety risks; (8) under EO 13211: Actions that 
Significantly Affect Energy Supply, Distribution or Use, this rule is 
not subject because it is not a significant regulatory action as 
defined in EO 12866; and (9) under the National Technology Transfer and 
Advancement Act of 1995 (NTTAA), Public Law 104-113, 12(d) (15 U.S.C. 
272 note), EPA is directed to use voluntary consensus standards in its 
regulatory activities unless doing so would be inconsistent with 
applicable law or otherwise impractical. Voluntary consensus standards 
are technical standards (i.e., materials specifications, test methods, 
sampling procedures and business practices) developed or adopted by 
voluntary consensus standards bodies. NTTAA directs EPA to provide 
Congress, through OMB, explanations when EPA 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, Intergovernmental relations, Reporting and 
recordkeeping requirements.

    Authority: This notice is issued under the authority of Section 
9004 of the Solid Waste Disposal Act as amended 42 U.S.C. 6912(a), 
6926, 6974(b).

    Dated: November 17, 2006.
Kerrigan G. Clough,
Deputy Regional Administrator, Region 8.
[FR Doc. E6-19988 Filed 11-24-06; 8:45 am]

BILLING CODE 6560-50-P
