issue-1996-01-18•Federal Register final rules — 1996-01-18
Federal Register final rules — 1996-01-18
issue-1996-01-18Federal Register final rules — 1996-01-18Regulation
Published Federal Register documents, not public-inspection drafts. The GPO XML/text rendition is a research aid; the linked complete official PDF retains the printed layout and all graphics. Graphics are retained in that PDF and are not independently reproduced in this text rendition. Publication does not establish that every provision remains legally in force.
FR Doc. 96-525 Underground Storage Tank Program: Approved State Program for Arkansas
[Federal Register Volume 61, Number 12 (Thursday, January 18, 1996)]
[Rules and Regulations]
[Pages 1213-1216]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-525]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 282
[FRL-5304-6]
Underground Storage Tank Program: Approved State Program for
Arkansas
AGENCY: Environmental Protection Agency (EPA).
ACTION: Immediate final rule.
-----------------------------------------------------------------------
SUMMARY: The Resource Conservation and Recovery Act of 1976, as amended
(RCRA), authorizes the U.S. Environmental Protection Agency to grant
approval to states to operate their underground storage tank programs
in lieu of the federal program. 40 CFR part 282 codifies EPA's decision
to approve state programs and incorporates by reference those
provisions of the state statutes and regulations that will be subject
to EPA's inspection and enforcement authorities under sections 9005 and
9006 of RCRA subtitle I and other applicable statutory and regulatory
provisions. This rule codifies, in part 282, the prior approval of
Arkansas' underground storage tank program and incorporates by
reference appropriate provisions of state statutes and regulations.
DATES: This regulation is effective March 18, 1996, unless EPA
publishes a prior Federal Register notice withdrawing this immediate
final rule. All comments on the codification of Arkansas' underground
storage tank program must be received by the close of business February
20, 1996. The incorporation by reference of certain publications listed
in the regulations, is approved by the Director of the Federal
Register, as of March 18, 1996, in accordance with 5 U.S.C. 552(a).
ADDRESSES: Comments may be mailed to the Docket Clerk, Underground
Storage Tank Program, 6H-A, U.S. EPA Region 6, 1445 Ross Avenue,
Dallas, TX 75202-2733. Comments received by EPA may be inspected in the
public docket, located in the EPA Region 6 Library (12th floor) from 8
a.m. to 4:30 p.m., Monday through Friday, excluding federal holidays.
FOR FURTHER INFORMATION CONTACT: Gary Fisher, Underground Storage Tank
Program, 6H-A, U.S. EPA Region 6, 1445 Ross Avenue, Dallas, TX 75202-
2733. Phone: (214) 665-8048.
SUPPLEMENTARY INFORMATION:
Background
Section 9004 of the Resource Conservation and Recovery Act of 1976,
as amended, (RCRA), 42 U.S.C. 6991(c), allows the U.S. Environmental
Protection Agency to approve state underground storage tank programs to
operate in the state in lieu of the federal underground storage tank
program. EPA published a Federal Register document announcing its
decision to grant approval to Arkansas on February 14, 1995 (60 FR
10331). Approval was effective on April 25, 1995.
EPA codifies its approval of State programs in 40 CFR part 282 and
incorporates by reference therein the state statutes and regulations
that will be subject to EPA's inspection and enforcement authorities
under sections 9005 and 9006 of subtitle I of RCRA, 42 U.S.C. 6991(d)
and 6991(e), and other
[[Page 1214]]
applicable statutory and regulatory provisions. Today's rulemaking
codifies EPA's approval of the Arkansas underground storage tank
program. This codification reflects the state program in effect at the
time EPA granted Arkansas approval under section 9004(a), 42 U.S.C.
6991c(a) for its underground storage tank program. Notice and
opportunity for comment were provided earlier on the Agency's decision
to approve the Arkansas program, and EPA is not now reopening that
decision nor requesting comment on it.
This effort provides clear notice to the public of the scope of the
approved program in each state. By codifying the approved Arkansas
program and by amending the Code of Federal Regulations whenever a new
or different set of requirements is approved in Arkansas, the status of
federally approved requirements of the Arkansas program will be readily
discernible. Only those provisions of the Arkansas underground storage
tank program for which approval has been granted by EPA will be
incorporated by reference for enforcement purposes.
To codify EPA's approval of Arkansas' underground storage tank
program, EPA has added Sec. 282.53 to title 40 of the CFR. Section
282.53 incorporates by reference for enforcement purposes the State's
statutes and regulations. Section 282.53 also references the Attorney
General's Statement, Demonstration of Adequate Enforcement Procedures,
the Program Description, and the Memorandum of Agreement, which are
approved as part of the underground storage tank program under subtitle
I of RCRA.
The Agency retains the authority under sections 9005 and 9006 of
subtitle I of RCRA, 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 analogs to these provisions. Therefore, the approved
Arkansas enforcement authorities will not be incorporated by reference.
Section 282.53 lists those approved Arkansas authorities that would
fall into this category.
The public also needs to be aware that some provisions of the
State's underground storage tank program are not part of the federally
approved state program. These non-approved provisions are not part of
the RCRA Subtitle I program because they are ``broader in scope'' than
Subtitle I of RCRA. See 40 CFR 281.12(a)(3)(ii). As a result, state
provisions which are ``broader in scope'' than the federal program are
not incorporated by reference for purposes of enforcement in part 282.
Section 282.53 of the codification simply lists for reference and
clarity the Arkansas statutory and regulatory provisions which are
``broader in scope'' than the federal program and which are not,
therefore, part of the approved program being codified today. ``Broader
in scope'' provisions cannot be enforced by EPA; the State, however,
will continue to enforce such provisions.
Certification Under the Regulatory Flexibility Act
This rule codifies the decision already made (60 FR 10331, February
14, 1995) to approve the Arkansas underground storage tank program and
thus has no separate effect. Therefore, this rule does not require a
regulatory flexibility analysis. Thus, pursuant to section 605(b) of
the Regulatory Flexibility Act, 5 U.S.C. 605(b), I hereby certify that
this rule will not have a significant economic impact on a substantial
number of small entities.
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.
Paperwork Reduction Act
Under the Paperwork Reduction Act, 44 U.S.C. 3501 et seq., Federal
agencies must consider the paperwork burden imposed by any information
request contained in a proposed or final rule. This rule will not
impose any information requirements upon the regulated community.
List of Subjects in 40 CFR Part 282
Environmental protection, Hazardous substances, Incorporation by
reference, Intergovernmental relations, State program approval,
Underground storage tanks, Water pollution control.
Dated: October 20, 1995.
A. Stanley Meiburg,
Acting Regional Administrator.
For the reasons set forth in the preamble, 40 CFR Part 282 is
amended as follows:
PART 282--APPROVED UNDERGROUND STORAGE TANK PROGRAMS
1. The authority citation for part 282 continues to read as
follows:
Authority: 42 U.S.C. 6912, 6991c, 6991d, and 6991e.
Subpart B--Approved State Programs
2. Subpart B is amended by adding Sec. 282.53 to read as follows:
Sec. 282.53 Arkansas State-Administered Program.
(a) The State of Arkansas is approved to administer and enforce an
underground storage tank program in lieu of the federal program under
Subtitle I of the Resource Conservation and Recovery Act of 1976
(RCRA), as amended, 42 U.S.C. 6991 et seq. The State's program, as
administered by the Arkansas Department of Pollution Control and
Ecology, was approved by EPA pursuant to 42 U.S.C. 6991c and part 281
of this chapter. EPA approved the Arkansas program on February 14, 1995
and it was effective on April 25, 1995.
(b) Arkansas has primary responsibility for enforcing its
underground storage tank program. However, EPA retains the authority to
exercise its inspection and enforcement authorities under sections 9005
and 9006 of subtitle I of RCRA, 42 U.S.C. 6991d and 6991e, as well as
under other statutory and regulatory provisions.
(c) To retain program approval, Arkansas must revise its approved
program to adopt new changes to the federal subtitle I program which
make it more stringent, in accordance with section 9004 of RCRA, 42
U.S.C. 6991c, and 40 CFR part 281, subpart E. If Arkansas obtains
approval for the revised requirements pursuant to section 9004 of RCRA,
42 U.S.C. 6991c, the newly approved statutory and regulatory provisions
will be added to this subpart and notice of any change will be
published in the Federal Register.
(d) Arkansas has final approval for the following elements
submitted to EPA in Arkansas' program application for final approval
and approved by EPA on February 14, 1995. Copies may be obtained from
the Underground Storage Tank Program, Arkansas Department of Pollution
Control and Ecology, 8001 National Drive, Little Rock, AR 72219-8913.
(1) State statutes and regulations. (i) The provisions cited in
this paragraph are incorporated by reference as part of the underground
storage tank program under subtitle I of RCRA, 42 U.S.C. 6991 et seq.
(A) Arkansas Statutory Requirements Applicable to the Underground
Storage Tank Program, 1995.
[[Page 1215]]
(B) Arkansas Regulatory Requirements Applicable to the Underground
Storage Tank Program, 1995.
(ii) The following statutes and regulations are part of the
approved state program, although not incorporated by reference herein
for enforcement purposes.
(A) The statutory provisions include:
(1) Arkansas Code Annotated, Title 8, Chapter 1, Subchapter 1--General
Provisions:
(i) Sec. 8-1-107 Inspections--Definitions--Investigations--
Inspection Warrant--Exceptions--Penalties
(2) Arkansas Code Annotated, Title 8, Chapter 4, Subchapter 1--General
Provisions:
(i) Sec. 8-4-103 Criminal, Civil, and Administrative Penalties
(3) Arkansas Code Annotated, Title 8, Chapter 7, Subchapter 8--
Regulated Substance Storage Tanks:
(i) Sec. 8-7-802 Department and commission--powers and duties
(ii) Sec. 8-7-806 Penalties
(iii) Sec. 8-7-809 Corrective actions--Orders of director
(B) The regulatory provisions include:
(1) Arkansas Department of Pollution Control and Ecology Regulation
Number 12--Storage Tank Regulation:
(i) Chapter 2, Section 4: Access to Records
(ii) Chapter 2, Section 5: Entry and Inspection of Underground
Storage Tank Facilities
(iii) Chapter 8, Section 1: Violations
(iv) Chapter 8, Section 2: Penalty Policy and Administrative
Procedures
(iii) The following statutory and regulatory provisions are broader
in scope than the federal program, are not part of the approved
program, and are not incorporated by reference herein for enforcement
purposes.
(A) Statutes.
(1) Arkansas Code Annotated, Title 8, Chapter 7, Subchapter 8--
Regulated Substance Storage Tanks.
(i) Sec. 8-7-802 Department's Powers and Duties (Insofar as it
applies to aboveground storage tanks.)
(ii) Sec. 8-7-805 License Requirement (Insofar as it applies to
individuals other than UST owners and operators.)
(2) Arkansas Code Annotated, Title 8, Chapter 7, Subchapter 9--
Petroleum Storage Tank Trust Fund Act.
(i) Sec. 8-7-903 Rules and Regulations--Powers of department
(Insofar as (c) addresses aboveground storage tanks.)
(ii) Reserved.
(B) Regulations.
(1) Arkansas Department of Pollution Control and Ecology Regulation
Number 12--Storage Tank Regulation.
(i) Chapter 2, Section 6: Entry and Inspection of Aboveground
Storage Tank Facilities (Insofar as it applies to aboveground storage
tanks.)
(ii) Chapter 3, Section 1: Underground and Aboveground Storage Tank
Registration Fees (Insofar as it applies to aboveground storage tanks.)
(iii) Chapter 5: Licensing of Tank Installers and Service Personnel
(Insofar as it applies to individuals other than UST system owners and
operators.)
Section 1: Purpose
Section 2: Definitions
Section 3: Applicability
Section 4: General Requirements
Section 5: Contractor Licensing
Section 6: Individual Licensing
Section 7: Experience Requirements
Section 8: Written Examination
Section 9: Approval of Comparable Licensing Programs
Section 10: Reciprocity
Section 11: Denial of Licenses
Section 12: Renewal of Licenses
Section 13: Duties and Obligations
Section 14: Department Approval of Training and Continuing Education
Section 15: Complaints
Section 16: Investigations; Enforcement; Penalties
Section 17: Department Actions Against Licenses.
(iv) Chapter 6: Licensing of Tank Testers (Insofar as it applies to
individuals other than UST system owners and operators.)
Section 1: Purpose
Section 2: Definitions
Section 3: Applicability
Section 4: General Requirements
Section 5: Company Licensing
Section 6: Individual Licensing
Section 7: Experience Requirements
Section 8: Approval of Comparable Licensing Programs
Section 9: Reciprocity
Section 10: Denial of Licenses
Section 11: Renewal of Licenses
Section 12: Duties and Obligations
Section 13: Department Approval of Training and Continuing Education
Section 14: Complaints
Section 15: Investigation; Enforcement; Penalties
Section 16: Department Actions Against Licenses
(2) Statement of legal authority. (i) ``Attorney General's
Statement for Final Approval'', signed by the Attorney General of
Arkansas on September 21, 1994, though not incorporated by reference,
is referenced as part of the approved underground storage tank program
under Subtitle I of RCRA, 42 U.S.C. 6991 et seq.
(ii) Letter from the Attorney General of Arkansas to EPA, September
21, 1994, though not incorporated by reference, is referenced as part
of the approved underground storage tank program under Subtitle I of
RCRA, 42 U.S.C. 6991 et seq.
(3) Demonstration of procedures for adequate enforcement. The
``Demonstration of Procedures for Adequate Enforcement'' submitted as
part of the original application on September 26, 1994, though not
incorporated by reference, is referenced as part of the approved
underground storage tank program under subtitle I of RCRA, 42 U.S.C.
6991 et seq.
(4) Program Description. The program description and any other
material submitted as part of the original application on September 26,
1994, though not incorporated by reference, are referenced as part of
the approved underground storage tank program under Subtitle I of RCRA,
42 U.S.C. 6991 et seq.
(5) Memorandum of Agreement. The Memorandum of Agreement between
EPA Region 6 and the Arkansas Department of Pollution Control and
Ecology, signed by the EPA Regional Administrator on February 14, 1995,
though not incorporated by reference, is referenced as part of the
approved underground storage tank program under subtitle I of RCRA, 42
U.S.C. 6991 et seq.
3. Appendix A to part 282 is amended by adding in alphabetical
order ``Arkansas'' and its listing.
Appendix A to Part 282--State Requirements Incorporated by
Reference in Part 282 of the Code of Federal Regulations
* * * * *
Arkansas
(a) The statutory provisions include:
1. Arkansas Code Annotated, Title 8, Chapter 7, Subchapter 8--
Regulated Substance Storage Tanks:
Sec. 8-7-801 Definitions and exceptions
Sec. 8-7-803 Regulations generally
Sec. 8-7-804 Procedures of department generally
Sec. 8-7-807 Responsibility and liability of owner
Sec. 8-7-808 Regulated Substance Storage Tank Program Fund
Sec. 8-7-810 Insurance pools
Sec. 8-7-811 Trade secrets
Sec. 8-7-812 Subchapter controlling over other laws
[[Page 1216]]
Sec. 8-7-813 Registration
2. Arkansas Code Annotated, Title 8, Chapter 7, Subchapter 9--
Petroleum Storage Tank Trust Fund Act:
Sec. 8-7-901 Title
Sec. 8-7-902 Definitions
Sec. 8-7-903 Rules and Regulations--Powers of department
[Except (c), which addresses aboveground storage tanks.]
Sec. 8-7-904 Advisory committee
Sec. 8-7-905 Petroleum Storage Tank Trust Fund
Sec. 8-7-906 Petroleum environmental assurance fee
Sec. 8-7-907 Payments for corrective action
Sec. 8-7-908 Third-party claims
Sec. 8-7-909 Confidential treatment of information
(b) The regulatory provisions include:
1. Arkansas Department of Pollution Control and Ecology Regulation
Number 12--Storage Tank Regulation:
a. Chapter 1: General Provisions
Section 1: Purpose
Section 2: Authority
Section 3: Short Title
b. Chapter 2: Regulations Promulgated Under Acts 172 and 173 of
1989 and Act 65 of the Third Extraordinary Session of 1989 for
Administration of the State Regulated Storage Tank Program
Section 1: Incorporation of Federal Regulations
Section 2: Arkansas Petroleum Storage Tank Trust Fund Act
Section 3: Definitions
c. Chapter 3: Fees
Section 1: Underground and Aboveground Storage Tank Registration
Fees [Except insofar as it applies to aboveground storage tanks.]
Section 2: Underground Storage Tank Licensing Fees
Section 3: Late Payment Penalties
Section 4: Refusal or Failure to Pay Fees
d. Chapter 4: Petroleum Storage Tank Trust Fund Release
Reimbursement
Section 1: Purpose
Section 2: Amount of Reimbursement
Section 3: Initial Fund Eligibility
Section 4: Loss and Restoration of Initial Fund Eligibility
Section 5: Corrective Action Reimbursement Procedure
Section 6: Reimbursement Application Review
Section 7: Allowable Costs
Section 8: Reasonable Costs
Section 9: Audits
Section 10: Deductible
Section 11: Third Party Claim Reimbursement Procedure
Section 12: Compliance
Section 13: Fund Availability
Section 14: Cost Recovery
e. Chapter 7: Confidentiality
Section 1: Confidentiality Requests
Section 2: Responsibility
Section 3: Submission Procedure
Section 4: Requirements for Protection
Section 5: Acceptability of Information
Section 6: Security
f. Chapter 9: Severability
g. Chapter 10: Effective Date
[FR Doc. 96-525 Filed 1-17-96; 8:45 am]
BILLING CODE 6560-50-P
Complete official Federal Register PDF
FR Doc. 96-524 Underground Storage Tank Program: Approved State Program for Louisiana
[Federal Register Volume 61, Number 12 (Thursday, January 18, 1996)]
[Rules and Regulations]
[Pages 1211-1213]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-524]
========================================================================
Rules and Regulations
Federal Register
________________________________________________________________________
This section of the FEDERAL REGISTER contains regulatory documents
having general applicability and legal effect, most of which are keyed
to and codified in the Code of Federal Regulations, which is published
under 50 titles pursuant to 44 U.S.C. 1510.
The Code of Federal Regulations is sold by the Superintendent of Documents.
Prices of new books are listed in the first FEDERAL REGISTER issue of each
week.
========================================================================
Federal Register / Vol. 61, No. 12 / Thursday, January 18, 1996 /
Rules and Regulations
[[Page 1211]]
ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 282
[FRL-5304-5]
Underground Storage Tank Program: Approved State Program for
Louisiana
AGENCY: Environmental Protection Agency (EPA).
ACTION: Immediate final rule.
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SUMMARY: The Resource Conservation and Recovery Act of 1976, as amended
(RCRA), authorizes the U.S. Environmental Protection Agency (EPA) to
grant approval to States to operate their underground storage tank
programs in lieu of the Federal program. 40 CFR part 282 codifies EPA's
decision to approve State programs and incorporates by reference those
provisions of the State statutes and regulations that will be subject
to EPA's inspection and enforcement authorities under sections 9005 and
9006 of RCRA subtitle I and other applicable statutory and regulatory
provisions. This rule codifies in part 282 the prior approval of
Louisiana's underground storage tank program and incorporates by
reference appropriate provisions of State statutes and regulations.
DATES: This regulation is effective March 18, 1996, unless EPA
publishes a prior Federal Register notice withdrawing this immediate
final rule. All comments on the codification of Louisiana's underground
storage tank program must be received by the close of business February
20, 1996. The incorporation by reference of certain publications listed
in the regulations is approved by the Director of the Federal Register,
as of March 18, 1996, in accordance with 5 U.S.C. 552(a).
ADDRESSES: Comments may be mailed to the Docket Clerk, Underground
Storage Tank Program, 6H-A, U.S. EPA Region 6, 1445 Ross Avenue,
Dallas, TX 75202-2733. Comments received by EPA may be inspected in the
public docket, located in the EPA Region 6 Library (12th floor) from 8
a.m. to 4:30 p.m., Monday through Friday, excluding Federal holidays.
FOR FURTHER INFORMATION CONTACT: Gary Fisher, Underground Storage Tank
Program, 6H-A, U.S. EPA Region 6, 1445 Ross Avenue, Dallas, TX 75202-
2733. Phone: (214) 665-8048.
SUPPLEMENTARY INFORMATION:
Background
Section 9004 of the Resource Conservation and Recovery Act of 1976,
as amended, (RCRA), 42 U.S.C. 6991c, allows the U.S. Environmental
Protection Agency to approve State underground storage tank programs to
operate in the State in lieu of the Federal underground storage tank
program. EPA published a Federal Register document announcing its
decision to grant approval to Louisiana on July 24, 1992 (57 FR 34519).
Approval was effective on September 4, 1992.
EPA codifies its approval of State programs in 40 CFR part 282 and
incorporates by reference therein the State statutes and regulations
that will be subject to EPA's inspection and enforcement authorities
under sections 9005 and 9006 of subtitle I of RCRA, 42 U.S.C. 6991d and
6991e, and other applicable statutory and regulatory provisions.
Today's rulemaking codifies EPA's approval of the Louisiana underground
storage tank program. This codification reflects the State program in
effect at the time EPA granted Louisiana approval under section
9004(a), 42 U.S.C. 6991c(a) for its underground storage tank program.
Notice and opportunity for comment were provided earlier on the
Agency's decision to approve the Louisiana program, and EPA is not now
reopening that decision nor requesting comment on it.
This effort provides clear notice to the public of the scope of the
approved program in each State. By codifying the approved Louisiana
program and by amending the Code of Federal Regulations whenever a new
or different set of requirements is approved in Louisiana, the status
of federally approved requirements of the Louisiana program will be
readily discernible. Only those provisions of the Louisiana underground
storage tank program for which approval has been granted by EPA will be
incorporated by reference for enforcement purposes.
To codify EPA's approval of Louisiana's underground storage tank
program, EPA has added Sec. 282.68 to title 40 of the CFR. Section
282.68 incorporates by reference for enforcement purposes the State's
statutes and regulations. Section 282.68 also references the Attorney
General's Statement, Demonstration of Adequate Enforcement Procedures,
the Program Description, and the Memorandum of Agreement, which are
approved as part of the underground storage tank program under subtitle
I of RCRA.
The Agency retains the authority under sections 9005 and 9006 of
subtitle I of RCRA, 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 analogs to these provisions. Therefore, the approved
Louisiana enforcement authorities will not be incorporated by
reference. Section 282.68 lists those approved Louisiana authorities
that would fall into this category.
The public also needs to be aware that some provisions of the
State's underground storage tank program are not part of the federally
approved State program. These non-approved provisions are not part of
the RCRA subtitle I program because they are ``broader in scope'' than
subtitle I of RCRA. See 40 CFR 281.12(a)(3)(ii). As a result, State
provisions which are ``broader in scope'' than the Federal program are
not incorporated by reference for purposes of enforcement in part 282.
Section 282.68 of the codification simply lists for reference and
clarity the Louisiana statutory and regulatory provisions which are
``broader in scope'' than the Federal program and which are not,
therefore, part of the approved program being codified today. ``Broader
in scope'' provisions cannot be enforced by EPA; the State, however,
will continue to enforce such provisions.
[[Page 1212]]
Certification Under the Regulatory Flexibility Act
This rule codifies the decision already made (57 FR 34519, July 24,
1992) to approve the Louisiana underground storage tank program and
thus has no separate effect. Therefore, this rule does not require a
regulatory flexibility analysis. Thus, pursuant to section 605(b) of
the Regulatory Flexibility Act, 5 U.S.C. 605(b), I hereby certify that
this rule will not have a significant economic impact on a substantial
number of small entities.
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.
Paperwork Reduction Act
Under the Paperwork Reduction Act, 44 U.S.C. 3501 et seq., Federal
agencies must consider the paperwork burden imposed by any information
request contained in a proposed or final rule. This rule will not
impose any information requirements upon the regulated community.
List of Subjects in 40 CFR Part 282
Environmental protection, Hazardous substances, Incorporation by
reference, Intergovernmental relations, State program approval,
Underground storage tanks, Water pollution control.
Dated: October 20, 1995.
A. Stanley Meiburg,
Acting Regional Administrator.
For the reasons set forth in the preamble, 40 CFR part 282 is
amended as follows:
PART 282--APPROVED UNDERGROUND STORAGE TANK PROGRAMS
1. The authority citation for part 282 continues to read as
follows:
Authority: 42 U.S.C. 6912, 6991c, 6991d, and 6991e.
Subpart B--Approved State Programs
2. Subpart B is amended by adding Sec. 282.68 to read as follows:
Sec. 282.68 Louisiana State-Administered Program.
(a) The State of Louisiana is approved to administer and enforce an
underground storage tank program in lieu of the federal program under
Subtitle I of the Resource Conservation and Recovery Act of 1976
(RCRA), as amended, 42 U.S.C. 6991 et seq. The State's program, as
administered by the Louisiana Department of Environmental Quality, was
approved by EPA pursuant to 42 U.S.C. 6991c and part 281 of this
Chapter. EPA approved the Louisiana program on July 24, 1992 and it was
effective on September 4, 1992.
(b) Louisiana has primary responsibility for enforcing its
underground storage tank program. However, EPA retains the authority to
exercise its inspection and enforcement authorities under sections 9005
and 9006 of subtitle I of RCRA, 42 U.S.C. 6991d and 6991e, as well as
under other statutory and regulatory provisions.
(c) To retain program approval, Louisiana must revise its approved
program to adopt new changes to the federal subtitle I program which
make it more stringent, in accordance with section 9004 of RCRA, 42
U.S.C. 6991c, and 40 CFR part 281, subpart E. If Louisiana obtains
approval for the revised requirements pursuant to section 9004 of RCRA,
42 U.S.C. 6991c, the newly approved statutory and regulatory provisions
will be added to this subpart and notice of any change will be
published in the Federal Register.
(d) Louisiana has final approval for the following elements
submitted to EPA in Louisiana's program application for final approval
and approved by EPA on July 24, 1992. Copies may be obtained from the
Underground Storage Tank Program, Louisiana Department of Environmental
Quality, 7290 Bluebonnet Road, Baton Rouge, LA 70810-1612.
(1) State statutes and regulations. (i) The provisions cited in
this paragraph are incorporated by reference as part of the underground
storage tank program under subtitle I of RCRA, 42 U.S.C. 6991 et seq.
(A) Louisiana Statutory Requirements Applicable to the Underground
Storage Tank Program, 1995.
(B) Louisiana Regulatory Requirements Applicable to the Underground
Storage Tank Program, 1995.
(ii) The following statutes and regulations are part of the
approved state program, although not incorporated by reference herein
for enforcement purposes.
(A) The statutory provisions include:
(1) Louisiana Revised Statutes, Title 30
Sec. 2012 Enforcement Inspections
Sec. 2025 Enforcement
Sec. 2026 Citizen Suits
Sec. 2077 Remediation of Pollution
Sec. 2172 Policy and Purpose
Sec. 2275 Demand by Secretary; Remedial Action
(B) The regulatory provisions include:
(1) Louisiana Environmental Regulatory Code, Part XI: Underground
Storage Tanks, Chapter 15--Enforcement:
Sec. 1501 Inspection and Entry
Sec. 1503 Failure to Comply
Sec. 1505 Investigations: Purposes, Notice
(iii) The following regulatory provisions are broader in scope than
the federal program, are not part of the approved program, and are not
incorporated by reference herein for enforcement purposes.
(A) Louisiana Environmental Regulatory Code, Part XI: Underground
Storage Tanks
(1) Chapter 13--Certification Requirements for Persons Who Install,
Repair, or Close Underground Storage Tank Systems [Insofar as it
applies to individuals other than UST owners and operators.]
Sec. 1301 Applicability
Sec. 1303 Definitions
Sec. 1305 Categories of Certification and Requirements for
Issuance and Renewal of Certificates
Sec. 1307 Certification Examinations
Sec. 1309 Approval of Continuing Training Courses
Sec. 1311 Denial of Issuance or Renewal of a Certificate or
Revocation of a Certificate
Sec. 1313 UST Certification Board
(2) Statement of legal authority. (i) ``Attorney General's
Statement for Final Approval'', signed by the Attorney General of
Louisiana on September 12, 1991, though not incorporated by reference,
is referenced as part of the approved underground storage tank program
under Subtitle I of RCRA, 42 U.S.C. 6991 et seq.
(ii) Letter from the Attorney General of Louisiana to EPA,
September 12, 1991, though not incorporated by reference, is referenced
as part of the approved underground storage tank program under Subtitle
I of RCRA, 42 U.S.C. 6991 et seq.
(3) Demonstration of procedures for adequate enforcement. The
``Demonstration of Procedures for Adequate Enforcement'' submitted as
part of the original application on October 15, 1991, though not
incorporated by reference, is referenced as part of the approved
underground storage tank program under subtitle I of RCRA, 42 U.S.C.
6991 et seq.
(4) Program Description. The program description and any other
material submitted as part of the original application on October 15,
1991, though not incorporated by reference, are referenced as part of
the approved underground storage tank program
[[Page 1213]]
under Subtitle I of RCRA, 42 U.S.C. 6991 et seq.
(5) Memorandum of Agreement. The Memorandum of Agreement between
EPA Region 6 and the Louisiana Department of Environmental Quality,
signed by the EPA Regional Administrator on May 14, 1992, though not
incorporated by reference, is referenced as part of the approved
underground storage tank program under subtitle I of RCRA, 42 U.S.C.
6991 et seq.
3. Appendix A to Part 282 is amended by adding in alphabetical
order ``Louisiana'' and its listing.
Appendix A to Part 282--State Requirements Incorporated by
Reference in Part 282 of the Code of Federal Regulations
* * * * *
Louisiana
(a) The statutory provisions include:
1. Louisiana Environmental Quality Act, Louisiana Revised Statutes
Title 30
Sec. 2194 Underground Storage Tanks; Registration
Sec. 2195 Underground Storage Tank Trust Fund
Sec. 2195.1 Underground Motor Fuel Storage Tank Remediation
Agreements
Sec. 2195.2 Uses of the Trust
Sec. 2195.3 Source of Funding; Limitations on Disbursements
from the Trust; Limit on Amount in Trust
Sec. 2195.4 Procedures for Disbursements from the Fund Trust
Sec. 2195.5 Audits
Sec. 2195.6 Ownership of Trust
Sec. 2195.7 No Inference of Liability on the Part of the State
Sec. 2195.8 Advisory Board
Sec. 2195.9 Financial Responsibility
Sec. 2195.10 Voluntary Cleanup, Private Contracts; Exemptions
(b) The regulatory provisions include:
1. Louisiana Environmental Regulatory Code, Part XI: Underground
Storage Tanks, Chapter 1--Program Applicability and Definitions
Sec. 101 Applicability
Sec. 103 Definitions
2. Chapter 3--Registration Requirements, Standards, and Fee Schedule
Sec. 301 Registration Requirements
Sec. 303 Standards for UST Systems
Sec. 305 Interim Prohibitions for Deferred UST Systems
Sec. 307 Fee Schedule
3. Chapter 5--General Operating Requirements
Sec. 501 Spill and Overfill Control
Sec. 503 Operation and Maintenance of Corrosion Protection
Sec. 505 Compatibility
Sec. 507 Repairs Allowed
Sec. 509 Reporting and Recordkeeping
4. Chapter 7--Methods of Release Detection and Release Reporting,
Investigation, Confirmation, and Response
Sec. 701 Methods of Release Detection
Sec. 703 Requirements for Use of Release Detection Methods
Sec. 705 Release Detection Recordkeeping
Sec. 707 Reporting of Suspected Releases
Sec. 709 Investigation due to Off-site Impacts
Sec. 711 Release Investigation and Confirmation Steps
Sec. 713 Reporting and Cleanup of Spills and Overfills
Sec. 715 Release Response and Corrective Action for UST Systems
Containing Petroleum or Hazardous Substances
5. Chapter 9--Out-of-Service UST Systems and Closure
Sec. 901 Applicability to Previously Closed UST Systems
Sec. 903 Temporary Closure
Sec. 905 Permanent Closure and Changes-in-Service
Sec. 907 Assessing the Site at Closure or Changes-in-Service
6. Chapter 11--Financial Responsibility
Sec. 1101 Applicability
Sec. 1103 Compliance Dates
Sec. 1105 Definition of Terms
Sec. 1107 Amount and Scope of Required Financial Responsibility
Sec. 1109 Allowable Mechanisms and Combinations of Mechanisms
Sec. 1111 Financial Test of Self-Insurance
Sec. 1113 Guarantee
Sec. 1115 Insurance and Risk Retention Group Coverage
Sec. 1117 Surety Bond
Sec. 1119 Letter of Credit
Sec. 1121 Use of the Underground Motor Fuel Storage Tank Trust
Sec. 1123 Trust Fund
Sec. 1125 Standby Trust Fund
Sec. 1127 Substitution of Financial Assurance Mechanisms by
Owner or Operator
Sec. 1129 Cancellation or Nonrenewal by a Provider of Financial
Assurance
Sec. 1131 Reporting by Owner or Operator
Sec. 1133 Recordkeeping
Sec. 1135 Drawing on Financial Assurance Mechanisms
Sec. 1137 Release from the Requirements
Sec. 1139 Bankruptcy or Other Incapacity of Owner or Operator
or Provider of Financial Assurance
Sec. 1141 Replenishment of Guarantees, Letters of Credit, or
Surety Bonds
[FR Doc. 96-524 Filed 1-17-96; 8:45 am]
BILLING CODE 6560-50-P
Complete official Federal Register PDF
FR Doc. 96-523 Underground Storage Tank Program: Approved State Program for Texas
[Federal Register Volume 61, Number 12 (Thursday, January 18, 1996)]
[Rules and Regulations]
[Pages 1223-1228]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-523]
-----------------------------------------------------------------------
ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 282
[FRL-5304-4]
Underground Storage Tank Program: Approved State Program for
Texas
AGENCY: Environmental Protection Agency (EPA).
ACTION: Immediate final rule.
-----------------------------------------------------------------------
SUMMARY: The Resource Conservation and Recovery Act of 1976, as amended
(RCRA), authorizes the U.S. Environmental Protection Agency (EPA) to
grant approval to states to operate their underground storage tank
programs in lieu of the federal program. 40 CFR part 282 codifies EPA's
decision to approve state programs and incorporates by reference those
provisions of the state statutes and regulations that will be subject
to EPA's inspection and enforcement authorities under sections 9005 and
9006 of RCRA subtitle I and other applicable statutory and regulatory
provisions. This rule codifies in part 282 the prior approval of Texas'
underground storage tank program and incorporates by reference
appropriate provisions of state statutes and regulations.
DATES: This regulation is effective March 18, 1996, unless EPA
publishes a prior Federal Register notice withdrawing this immediate
final rule. All comments on the codification of Texas' underground
storage tank program must be received by the close of business February
20, 1996. The incorporation by reference of certain publications listed
in the regulations is approved by the Director of the Federal Register,
as of March 18, 1996, in accordance with 5 U.S.C. 552(a).
ADDRESSES: Comments may be mailed to the Docket Clerk, Underground
Storage Tank Program, 6H-A, U.S. EPA Region 6, 1445 Ross Avenue,
Dallas, TX 75202-2733. Comments received by EPA may be inspected in the
public docket, located in the EPA Region 6 Library (12th floor) from 8
a.m. to 4:30 p.m., Monday through Friday, excluding federal holidays.
FOR FURTHER INFORMATION CONTACT: Gary Fisher, Underground Storage Tank
Program, 6H-A, U.S. EPA Region 6, 1445 Ross Avenue, Dallas, TX 75202-
2733. Phone: (214) 665-8048.
SUPPLEMENTARY INFORMATION:
Background
Section 9004 of the Resource Conservation and Recovery Act of 1976,
as amended, (RCRA), 42 U.S.C. 6991c, allows the U.S. Environmental
Protection Agency to approve state underground storage tank programs to
operate in the state in lieu of the federal underground storage tank
program. EPA published a Federal Register document announcing its
decision to grant approval to Texas on March 7, 1995 (60 FR 14373).
Approval was effective on April 17, 1995.
EPA codifies its approval of State programs in 40 CFR part 282 and
incorporates by reference therein the state statutes and regulations
that will be subject to EPA's inspection and enforcement authorities
under sections 9005 and 9006 of subtitle I of RCRA, 42 U.S.C. 6991d and
6991e, and other applicable statutory and regulatory provisions.
Today's rulemaking codifies EPA's approval of the Texas underground
storage tank program. This codification reflects the state program in
effect at the time EPA granted Texas approval under section 9004(a), 42
U.S.C. 6991c(a) for its underground storage tank program. Notice and
opportunity for comment were provided earlier on the Agency's decision
to approve the Texas program, and EPA is not now reopening that
decision nor requesting comment on it.
This effort provides clear notice to the public of the scope of the
approved program in each state. By codifying the approved Texas program
and by amending the Code of Federal Regulations whenever a new or
different set of requirements is approved in Texas, the status of
federally approved requirements of the Texas program will be readily
discernible. Only those provisions of the Texas underground storage
tank program for which approval has been granted by EPA will be
incorporated by reference for enforcement purposes.
To codify EPA's approval of Texas' underground storage tank
program, EPA has added section 282.93 to title 40 of the CFR. Section
282.93 incorporates by reference for enforcement purposes the State's
statutes and regulations. Section 282.93 also references the Attorney
General's Statement, Demonstration of Adequate Enforcement Procedures,
the Program Description, and the Memorandum of Agreement, which are
approved as part of the underground storage tank program under subtitle
I of RCRA.
The Agency retains the authority under sections 9005 and 9006 of
subtitle I of RCRA, 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
[[Page 1224]]
authorized analogs to these provisions. Therefore, the approved Texas
enforcement authorities will not be incorporated by reference. Section
282.93 lists those approved Texas authorities that would fall into this
category.
The public also needs to be aware that some provisions of the
State's underground storage tank program are not part of the federally
approved state program. These non-approved provisions are not part of
the RCRA Subtitle I program because they are ``broader in scope'' than
Subtitle I of RCRA. See 40 CFR 281.12(a)(3)(ii). As a result, state
provisions which are ``broader in scope'' than the federal program are
not incorporated by reference for purposes of enforcement in part 282.
Section 282.93 of the codification simply lists for reference and
clarity the Texas statutory and regulatory provisions which are
``broader in scope'' than the federal program and which are not,
therefore, part of the approved program being codified today. ``Broader
in scope'' provisions cannot be enforced by EPA; the State, however,
will continue to enforce such provisions.
Certification Under the Regulatory Flexibility Act
This rule codifies the decision already made (60 FR 14373, March 7,
1995) to approve the Texas underground storage tank program and thus
has no separate effect. Therefore, this rule does not require a
regulatory flexibility analysis. Thus, pursuant to section 605(b) of
the Regulatory Flexibility Act, 5 U.S.C. 605(b), I hereby certify that
this rule will not have a significant economic impact on a substantial
number of small entities.
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.
Paperwork Reduction Act
Under the Paperwork Reduction Act, 44 U.S.C. 3501 et seq., Federal
agencies must consider the paperwork burden imposed by any information
request contained in a proposed or final rule. This rule will not
impose any information requirements upon the regulated community.
List of Subjects in 40 CFR Part 282
Environmental protection, Hazardous substances, Incorporation by
reference, Intergovernmental relations, State program approval,
Underground storage tanks, Water pollution control.
Dated: October 20, 1995.
A. Stanley Meiburg,
Acting Regional Administrator.
For the reasons set forth in the preamble, 40 CFR Part 282 is
proposed to be amended as follows:
PART 282--APPROVED UNDERGROUND STORAGE TANK PROGRAMS
1. The authority citation for part 282 continues to read as
follows:
Authority: 42 U.S.C. 6912, 6991c, 6991d, and 6991e.
Subpart B--Approved State Programs
2. Subpart B is amended by adding Sec. 282.93 to read as follows:
Sec. 282.93 Texas State-Administered Program.
(a) The State of Texas is approved to administer and enforce an
underground storage tank program in lieu of the federal program under
Subtitle I of the Resource Conservation and Recovery Act of 1976
(RCRA), as amended, 42 U.S.C. 6991 et seq. The State's program, as
administered by the Texas Natural Resource Conservation Commission, was
approved by EPA pursuant to 42 U.S.C. 6991c and part 281 of this
Chapter. EPA approved the Texas program on March 7, 1995 and it was
effective on April 17, 1995.
(b) Texas has primary responsibility for enforcing its underground
storage tank program. However, EPA retains the authority to exercise
its inspection and enforcement authorities under sections 9005 and 9006
of subtitle I of RCRA, 42 U.S.C. 6991d and 6991e, as well as under
other statutory and regulatory provisions.
(c) To retain program approval, Texas must revise its approved
program to adopt new changes to the federal subtitle I program which
make it more stringent, in accordance with section 9004 of RCRA, 42
U.S.C. 6991c, and 40 CFR part 281, subpart E. If Texas obtains approval
for the revised requirements pursuant to section 9004 of RCRA, 42
U.S.C. 6991c, the newly approved statutory and regulatory provisions
will be added to this subpart and notice of any change will be
published in the Federal Register.
(d) Texas has final approval for the following elements submitted
to EPA in Texas' program application for final approval and approved by
EPA on March 7, 1995. Copies may be obtained from the Underground
Storage Tank Program, Texas Natural Resource Conservation Commission,
P.O. Box 13087, Austin, TX 78711-3087.
(1) State statutes and regulations. (i) The provisions cited in
this paragraph are incorporated by reference as part of the underground
storage tank program under subtitle I of RCRA, 42 U.S.C. 6991 et seq.
(A) Texas Statutory Requirements Applicable to the Underground Storage
Tank Program, 1995
(B) Texas Regulatory Requirements Applicable to the Underground Storage
Tank Program, 1995
(ii) The following statutes and regulations are part of the
approved state program, although not incorporated by reference herein
for enforcement purposes.
(A) The statutory provisions include:
(1) Texas Water Code, Title 2, Subtitle D, Chapter 26--State Water
Administration.
Sec. 26.013 Research, Investigations
Sec. 26.014 Power to Enter Property
Sec. 26.015 Power to Examine Records
Sec. 26.016 Enforcement Proceedings
Sec. 26.017 Cooperation
Sec. 26.019 Orders
Sec. 26.020 Hearing Powers
Sec. 26.021 Delegation of Hearing Powers
Sec. 26.022 Notice of Hearings; Continuance
Sec. 26.042 Monitoring and Reporting
Sec. 26.121 Unauthorized Discharges Prohibited
Sec. 26.122 Civil Penalty
Sec. 26.123 Enforcement by Commission
Sec. 26.124 Enforcement by Others
Sec. 26.125 Venue and Procedure
Sec. 26.126 Disposition of Civil Penalties
Sec. 26.136 Administrative Penalty
Sec. 26.212 Criminal Offense
Sec. 26.213 Criminal Penalty
Sec. 26.268 Penalties
Sec. 26.353 Commission Orders
Sec. 26.354 Emergency Orders
Sec. 26.356 Inspections, Monitoring, and Testing
(B) The regulatory provisions include:
(1) 31 Texas Administrative Code, Chapter 334--Underground and
Aboveground Storage Tanks.
Subchapter A: General Provisions
Sec. 334.11 Enforcement
Sec. 334.14 Memorandum of Understanding between the Attorney General
of Texas and the Texas Natural Resource Conservation Commission
(2) 31 Texas Administrative Code, Chapter 337--Enforcement.
(i) Subchapter A: Enforcement Generally.
Sec. 337.1 Enforcement Orders
[[Page 1225]]
Sec. 337.2 Hearings on Violations
Sec. 337.3 Legal Proceedings
Sec. 337.4 Complaint File
Sec. 337.5 Confidentiality of Enforcement Information
Sec. 337.6 Force Majeure
(ii) Subchapter B: Enforcement Hearings.
Sec. 337.31 Purpose
Sec. 337.32 Remedies
Sec. 337.33 Definitions
Sec. 337.34 Substantial Noncompliance and Emergency Conditions
Sec. 337.35 Emergencies
Sec. 337.36 Preliminary Enforcement Report
Sec. 337.37 Notice
Sec. 337.38 Answer
Sec. 337.39 Commission Action
Sec. 337.40 Appeals of Administrative Penalties
(iii) Subchapter C: Water Rights Enforcement.
Sec. 337.51 Show-Cause Enforcement Procedures
Sec. 337.52 Notice
Sec. 337.53 Enforcement of Commission Orders
Sec. 337.54 Enforcement
(3) 31 Texas Administrative Code, Chapter 265--Procedures Before Public
Hearing.
Sec. 265.1 Initial Pleadings
Sec. 265.2 Executive Director Forwards Initial Pleadings to the
Commission
Sec. 265.3 Acceptance for Filing
Sec. 265.4 Affidavit of Publication
Sec. 265.5 Effect of Failure to Furnish Affidavit
Sec. 265.6 Conference Before Hearing
Sec. 265.7 Recordation of Conference Action
Sec. 265.8 Prefiled Testimony and Exhibits
Sec. 265.9 Written Protest
Sec. 265.10 Discovery
Sec. 265.11 Forms of Discovery
Sec. 265.12 Scope of Discovery
Sec. 265.13 Exceptions
Sec. 265.14 Protective Orders
Sec. 265.15 Duty to Supplement
Sec. 265.16 Discovery of Documents and Things
Sec. 265.17 Interrogatories to Parties
Sec. 265.18 Admission of Facts and Genuineness of Document
Sec. 265.19 Requests for Requests for Information
Sec. 265.20 Sanctions for Failure to Comply with Discovery Ruling
(4) 31 Texas Administrative Code, Chapter 267--Procedures During Public
Hearing.
Sec. 267.1 Designation of Parties
Sec. 267.2 Statutory Parties
Sec. 267.3 Rights of Parties at the Hearing
Sec. 267.4 Persons Not Parties
Sec. 267.5 Effect of Postponement
Sec. 267.6 Furnishing Copies of Pleadings
Sec. 267.7 Conference During Hearing
Sec. 267.8 Recordation of Hearing Conference Action
Sec. 267.9 Agreements to be in Writing
Sec. 267.10 Rulings in Commission Evidentiary Hearings
Sec. 267.11 Order of Presentation
Sec. 267.12 Alignment of Participants
Sec. 267.13 General Admissibility of Evidence
Sec. 267.14 Objections
Sec. 267.15 Interlocutory Appeals
Sec. 267.16 Cross-Examination of Witnesses
Sec. 267.17 Stipulation
Sec. 267.18 Exhibits
Sec. 267.19 Copies of Exhibits
Sec. 267.20 Abstracts of Documents
Sec. 267.21 Excluding Exhibits
Sec. 267.22 Official Notice
Sec. 267.23 Parties to be Informed of Material Officially Noticed
Sec. 267.24 Continuance
Sec. 267.25 Oral Argument
Sec. 267.26 Submittal of Findings of Fact and Conclusions of Law
(5) 31 Texas Administrative Code, Chapter 273--Procedures After Final
Decision.
Sec. 273.1 Motion for Rehearing
Sec. 273.2 Reply to Motion for Rehearing
Sec. 273.3 Granting of Motion for Rehearing
Sec. 273.4 Modification of Time Limits
Sec. 273.5 Decision Final and Appealable
Sec. 273.6 Appeal
Sec. 273.7 The Record
Sec. 273.8 Costs of Record on Appeal
(iii) The following statutory and regulatory provisions are broader
in scope than the federal program, are not part of the approved
program, and are not incorporated by reference herein for enforcement
purposes.
(A) Texas Water Code, Title 2, Subtitle D, Chapter 26--State Water
Administration.
(1) Subchapter I: Underground and Aboveground Storage Tanks.
Sec. 26.341 Purpose (Insofar as it applies to aboveground storage
tanks.)
Sec. 26.342 Definitions (Insofar as (10) and (12) apply to aboveground
storage tanks.)
Sec. 26.344 Exemptions (Insofar as (a), (d), and (f) apply to
aboveground storage tanks.)
Sec. 26.3441 Aboveground Storage Tanks (Insofar as it applies to
aboveground storage tanks.)
Sec. 26.345 Administrative Provisions (Insofar as (a) and (e) apply to
aboveground storage tanks.)
Sec. 26.346 Registration Requirements (Insofar as (a) applies to
aboveground storage tanks.)
Sec. 26.349 Reporting of Releases and Corrective Action (Insofar as
(a) applies to aboveground storage tanks.)
Sec. 26.351 Corrective Action (Insofar as it applies to aboveground
storage tanks.)
Sec. 26.3511 Corrective Action by the Commission (Insofar as it
applies to aboveground storage tanks.)
Sec. 26.3514 Limits on Liability of Lender (Insofar as it applies to
aboveground storage tanks.)
Sec. 26.3515 Limits on Liability of Corporate Fiduciary (Insofar as it
applies to aboveground storage tanks.)
Sec. 26.355 Recovery of Costs (Insofar as it applies to aboveground
storage tanks.)
Sec. 26.358 Storage Tank Fund; Fees (Insofar as it applies to
aboveground storage tanks.)
(B) 31 Texas Administrative Code, Chapter 334--Underground and
Aboveground Storage Tanks.
(1) Subchapter A: General Provisions.
(i) Insofar as Sec. 334.1(a)(1), (c), and (d)(2) apply to
aboveground storage tanks.
(ii) Insofar as Sec. 334.3(b) applies release reporting and
corrective action requirements to certain hydraulic lift tanks that are
exempt under the federal program.
(iii) Insofar as Sec. 334.4 does not exclude airport hydrant fuel
distribution systems and UST systems with field-constructed tanks;
excludes only sumps less than 110 gallons, as opposed to all tanks; and
does not provide a release detection deferral for UST systems that
store fuel solely for use by emergency power generators.
(iv) Insofar as Sec. 334.4 subjects wastewater treatment tank
systems that are deferred in the federal rules to the registration,
general operating requirements, and corrective action requirements.
(v) Insofar as Sec. 334.4 requires USTs that store radioactive
substances or are part of a nuclear power plant to comply with
registration and general operating requirements.
(vi) Insofar as Sec. 334.4 applies release reporting and corrective
action requirements to certain hydraulic lift tanks that are exempt
under the federal program.
(2) Subchapter F: Aboveground Storage Tanks (Insofar as it applies to
aboveground storage tanks)
Sec. 334.121 Purpose and Applicability
[[Page 1226]]
Sec. 334.122 Definitions
Sec. 334.123 Statutory Exemptions
Sec. 334.124 Commission Exclusions
Sec. 334.125 General Prohibitions and Requirements
Sec. 334.126 Installation Notification
Sec. 334.127 Registration
Sec. 334.128 Annual Facility Fees
Sec. 334.129 Release Reporting and Corrective Action
Sec. 334.130 Reporting and Recordkeeping
Sec. 334.131 Enforcement
Sec. 334.132 Other General Provisions
(3) Subchapter I: Underground Storage Tank Contractor Certification and
Installer Licensing (Insofar as it applies to individuals other than
UST owners and operators)
Sec. 334.401 Certificate of Registration for UST Contractor
Sec. 334.402 Application for Certificate of Registration
Sec. 334.403 Issuance of Certificate of Registration
Sec. 334.404 Renewal of Certificate of Registration
Sec. 334.405 Denial of Certificate of Registration
Sec. 334.406 Fee Assessments for Certificate of Registration
Sec. 334.407 Other Requirements
Sec. 334.408 Exception to Registration Requirements
Sec. 334.409 Revocation, Suspension or Reinstatement of Certification
of Registration and License
Sec. 334.410 Notice of Hearings
Sec. 334.411 Type of Hearing
Sec. 334.412 Subchapter I Definitions
Sec. 334.413 License for Installers and On-Site Supervisors
Sec. 334.414 License for Installers and On-Site Supervisors
Sec. 334.415 License A and License B
Sec. 334.416 Requirements for Issuance of License A and License B
Sec. 334.417 Application for License A and License B
Sec. 334.418 Notification of Examination
Sec. 334.419 License A and License B Examination
Sec. 334.420 Issuance of License A or License B
Sec. 334.421 Renewal of License
Sec. 334.422 Denial of License A or License B
Sec. 334.423 Fees Assessments for License A and License B
Sec. 334.424 Other Requirements for a License A and License B
Sec. 334.425 Exceptions to License A and License B Requirements
Sec. 334.426 Revocation, Suspension, or Reinstatement of a License A
and License B
Sec. 334.427 Notice of Hearings
Sec. 334.428 Type of Hearing
(4) Subchapter J: Registration of Corrective Action Specialists and
Project Managers for Product Storage Tank Remediation Projects (Insofar
as it applies to individuals other than UST owners and operators)
Sec. 334.451 Applicability of Subchapter J
Sec. 334.452 Exemptions from Subchapter J
Sec. 334.453 General Requirements and Prohibitions
Sec. 334.454 Exception for Emergency Abatement Actions
Sec. 334.455 Notice to Owner or Operator
Sec. 334.456 Application for Certificate of Registration for
Corrective Action Specialist
Sec. 334.457 Application for Certificate of Registration for
Corrective Action Project Manager
Sec. 334.458 Review and Issuance of Certificates of Registration
Sec. 334.459 Continuing Education Requirements for Corrective Action
Project Managers
Sec. 334.460 Renewal of Certificate of Registration for Corrective
Action Specialist and Corrective Action Project Manager
Sec. 334.461 Denial of Certificate of Registration
Sec. 334.462 Other Requirements
Sec. 334.463 Grounds for Revocation or Suspension of Certificate of
Registration
Sec. 334.465 Procedures for Revocation or Suspension of Certificate of
Registration
Sec. 334.466 Reinstatement of a Certificate of Registration
(2) Statement of legal authority. (i) ``Attorney General's
Statement for Final Approval'', signed by the Attorney General of Texas
on January 11, 1994, though not incorporated by reference, is
referenced as part of the approved underground storage tank program
under Subtitle I of RCRA, 42 U.S.C. 6991 et seq.
(ii) Letter from the Attorney General of Texas to EPA, January 11,
1994, though not incorporated by reference, is referenced as part of
the approved underground storage tank program under Subtitle I of RCRA,
42 U.S.C. 6991 et seq.
(3) Demonstration of procedures for adequate enforcement. The
``Demonstration of Procedures for Adequate Enforcement'' submitted as
part of the original application on April 28, 1994, though not
incorporated by reference, is referenced as part of the approved
underground storage tank program under subtitle I of RCRA, 42 U.S.C.
6991 et seq.
(4) Program Description. The program description and any other
material submitted as part of the original application on April 28,
1994, though not incorporated by reference, are referenced as part of
the approved underground storage tank program under Subtitle I of RCRA,
42 U.S.C. 6991 et seq.
(5) Memorandum of Agreement. The Memorandum of Agreement between
EPA Region 6 and the Texas Natural Resource Conservation Commission,
signed by the EPA Regional Administrator on January 13, 1995, though
not incorporated by reference, is referenced as part of the approved
underground storage tank program under subtitle I of RCRA, 42 U.S.C.
6991 et seq.
3. Appendix A to Part 282 is amended by adding in alphabetical
order ``Texas'' and its listing.
Appendix A to Part 282--State Requirements Incorporated by
Reference in part 282 of the Code of Federal Regulations
* * * * *
Texas
(a) The statutory provisions include
1. Texas Water Code, Title 2, Subtitle D, Chapter 26--State Water
Administration
a. Subchapter I: Underground and Aboveground Storage Tanks
Sec. 26.341 Purpose (Except insofar as it applies to aboveground
storage tanks.)
Sec. 26.342 Definitions (Except insofar as (10) and (12) apply to
aboveground storage tanks.)
Sec. 26.343 Regulated Substances
Sec. 26.344 Exemptions (Except insofar as (a), (d), and (f) apply
to aboveground storage tanks.)
Sec. 26.345 Administrative Provisions (Except insofar as (a) and
(e) apply to aboveground storage tanks.)
Sec. 26.346 Registration Requirements (Except insofar as (a)
applies to aboveground storage tanks.)
Sec. 26.347 Tank Standards
Sec. 26.348 Leak Detection and Record Maintenance
Sec. 26.349 Reporting of Releases and Corrective Action (Except
insofar as (a) applies to aboveground storage tanks.)
Sec. 26.350 Tank Closure Requirements
Sec. 26.351 Corrective Action (Except insofar as it applies to
aboveground storage tanks.)
Sec. 26.3511 Corrective Action by the Commission (Except insofar as
it applies to aboveground storage tanks.)
Sec. 26.3512 Owner or Operator Responsibility; Limitations on Fund
Payments for Corrective Action
Sec. 26.3513 Liability and Costs: Multiple Owners and Operators
Sec. 26.3514 Limits on Liability of Lender (Except insofar as it
applies to aboveground storage tanks.)
[[Page 1227]]
Sec. 26.3515 Limits on Liability of Corporate Fiduciary (Except
insofar as it applies to aboveground storage tanks.)
Sec. 26.352 Financial Responsibility
Sec. 26.355 Recovery of Costs (Except insofar as it applies to
aboveground storage tanks.)
Sec. 26.357 Standards and Rules
Sec. 26.3571 Eligible Owner or Operator
Sec. 26.3572 Groundwater Protection Cleanup Program
Sec. 26.3573 Petroleum Storage Tank Remediation Fund
Sec. 26.35735 Claims Audit
Sec. 26.3574 Fee on Delivery of Certain Petroleum Products
Sec. 26.358 Storage Tank Fund; Fees (Except insofar as it applies
to aboveground storage tanks.)
Sec. 26.359 Local Regulation or Ordinance
(b) The regulatory provisions include
1. 31 Texas Administrative Code, Chapter 334--Underground and
Aboveground Storage Tanks
a. Subchapter A: General Provisions
Sec. 334.1 Purpose and Applicability (Except insofar as
Sec. 334.1(a)(1), (c), and (d)(2) apply to aboveground storage
tanks.)
Sec. 334.2 Definitions
Sec. 334.3 Statutory Exemptions (Except insofar as Sec. 334.3(b)
applies release reporting and corrective action requirements to
certain hydraulic lift tanks that are exempt under the federal
program.)
Sec. 334.4 Commission Exclusions (Except insofar as Sec. 334.4: (1)
Does not exclude airport hydrant fuel distribution systems and UST
systems with field-constructed tanks; excludes only sumps less than
110 gallons, as opposed to all tanks; and does not provide a release
detection deferral for UST systems that store fuel solely for use by
emergency power generators; (2) Subjects wastewater treatment tank
systems that are deferred in the federal rules to the registration
requirements, general operating requirements, and corrective action
requirements; (3) Requires USTs that store radioactive substances or
are part of a nuclear power plant to comply with registration and
general operating requirements; and (4) Applies release reporting
and corrective action requirements to certain hydraulic lift tanks
that are exempt under the federal program.)
Sec. 334.5 General Prohibitions
Sec. 334.6 Construction Notification
Sec. 334.7 Registration
Sec. 334.8 Certification
Sec. 334.9 Seller's Disclosure
Sec. 334.10 Reporting and Recordkeeping
Sec. 334.12 Other General Provisions
2. Subchapter B: Underground Storage Tank Fees
Sec. 334.21 Fee Assessment
Sec. 334.22 Failure to Make Payment
Sec. 334.23 Disposition of Fees, Interest and Penalties
3. Subchapter C: Technical Standards
Sec. 334.41 Applicability
Sec. 334.42 General Standards
Sec. 334.43 Variances and Alternative Procedures
Sec. 334.44 Implementation Schedules
Sec. 334.45 Technical Standards for New UST Systems
Sec. 334.46 Installation Standards for New UST Systems
Sec. 334.47 Technical Standards for Existing UST Systems
Sec. 334.48 General Operating and Management Requirements
Sec. 334.49 Corrosion Protection
Sec. 334.50 Release Detection
Sec. 334.51 Spill and Overfill Prevention and Control
Sec. 334.52 UST System Repairs and Relining
Sec. 334.53 Reuse of Used Tanks
Sec. 334.54 Temporary Removal from Service
Sec. 334.55 Permanent Removal from Service
4. Subchapter D: Release Reporting and Corrective Action
Sec. 334.71 Applicability
Sec. 334.72 Reporting of Suspected Releases
Sec. 334.73 Investigation Due to Off-Site Impacts
Sec. 334.74 Release Investigation and Confirmation Steps
Sec. 334.75 Reporting and Cleanup of Surface Spills and Overfills
Sec. 334.76 Initial Response to Releases
Sec. 334.77 Initial Abatement Measures and Site Check
Sec. 334.78 Initial Site Characterization
Sec. 334.79 Free Product Removal
Sec. 334.80 Investigation for Soil and Groundwater Cleanup
Sec. 334.81 Corrective Action Plan
Sec. 334.82 Public Participation
Sec. 334.83 Emergency Orders
Sec. 334.84 Corrective Action by the Commission
Sec. 334.85 Management of Wastes
5. Subchapter E: Financial Responsibility
Sec. 334.91 Applicability
Sec. 334.92 Compliance Dates
Sec. 334.93 Amount and Scope of Required Financial Responsibility
Sec. 334.94 Allowable Mechanisms and Combinations of Mechanisms
Sec. 334.95 Financial Test of Self-Insurance
Sec. 334.96 Guarantee
Sec. 334.97 Insurance and Risk Retention Group Coverage
Sec. 334.98 Surety Bond
Sec. 334.99 Letter of Credit
Sec. 334.100 Trust Fund
Sec. 334.101 Standby Trust Fund
Sec. 334.102 Substitution of Financial Assurance Mechanisms by
Owner or Operator
Sec. 334.103 Cancellation or Nonrenewal by a Provider of Financial
Assurance
Sec. 334.104 Reporting by Owner or Operator
Sec. 334.105 Financial Assurance Recordkeeping
Sec. 334.106 Drawing on Financial Assurance Mechanisms
Sec. 334.107 Release from the Requirements
Sec. 334.108 Bankruptcy or Other Incapacity of Owner or Operator of
Provider of Financial Assurance
Sec. 334.109 Replenishment of Guarantees, Letters of Credit, or
Surety Bonds
6. Subchapter H: Interim Reimbursement Program
Sec. 334.301 Applicability of this Subchapter
Sec. 334.302 General Conditions and Limitations Regarding
Reimbursement--Interim Period
Sec. 334.303 Time to File Application--Interim Period
Sec. 334.304 Who May File Application--Interim Period
Sec. 334.305 Where and How Documents Must Be Filed--Interim Period
Sec. 334.306 Form and Contents of Application--Interim Period
Sec. 334.307 Technical Information Required--Interim Period
Sec. 334.308 Allowable Costs and Restrictions on Allowable Costs--
Interim Period
Sec. 334.309 Reimbursable Costs--Interim Period
Sec. 334.310 Requirements for Eligibility--Interim Period
Sec. 334.311 Determining the Number of Occurrences--Interim Period
Sec. 334.312 Owner/Operator Contribution
Sec. 334.313 Review of Application by Executive Director--Interim
Period
Sec. 334.314 Executive Director's Fund Payment Report--Initial
Period
Sec. 334.315 Protest of Fund Payment Report--Interim Period
Sec. 334.316 Formal Petition--Interim Period
Sec. 334.317 Hearing by the Commission--Interim Period
Sec. 334.318 Recovery of Costs--Interim Period
Sec. 334.319 Administrative Penalties and Other Actions--Initial
Period
Sec. 334.320 Responsibilities of Owners and Operators--Interim
Period
Sec. 334.321 Corrective Action by the Commission--Interim Period
Sec. 334.322 Subchapter H Definitions
7. Subchapter K: Petroleum Substance Waste
Sec. 334.481 Definitions
Sec. 334.482 General Prohibitions
Sec. 334.483 Disposal by Generator
Sec. 334.484 Registration Required for Petroleum-Substance Waste
Storage or Treatment Facilities
Sec. 334.485 Authorization for Class C and Class D Facilities
Sec. 334.486 Exemptions
Sec. 334.487 Notification and Mobilization Requirements for Class B
Facilities
Sec. 334.488 Effect on Existing Facilities
Sec. 334.489 Notice to Owners and Operators
Sec. 334.490 Public Notice
Sec. 334.491 Public Meetings for Class A Facilities
Sec. 334.492 Closure and Facility Expansion
Sec. 334.493 Location Standards for Class A Petroleum-Substance
Waste Storage or Treatment Facilities
Sec. 334.494 Shipping Procedures Applicable to Generators of
Petroleum-Substance Waste
Sec. 334.495 Recordkeeping and Reporting Procedures Applicable to
Generators
Sec. 334.496 Shipping Requirements Applicable to Transporters of
Petroleum-Substance Waste
Sec. 334.497 Shipping Requirements Applicable to Owners or
Operators of Storage Treatment or Disposal Facilities
[[Page 1228]]
Sec. 334.498 Recordkeeping Requirements Applicable to Owners or
Operators of Storage Treatment or Disposal Facilities
Sec. 334.499 Additional Reports
Sec. 334.500 Design and Operating Requirements of Stockpiles and
Land Surface Treatment Units
Sec. 334.501 Reuse of Petroleum-Substance Waste
Sec. 334.502 Contaminant Assessment Program and Corrective Action
Sec. 334.503 Security
Sec. 334.504 Contingency Plan
Sec. 334.505 Emergency Procedures
Sec. 334.506 Closure Requirements Applicable to Class A and Class B
Facilities
Sec. 334.507 General Requirements for Financial Assurance
Sec. 334.508 Mechanisms for Financial Assurance
Sec. 334.509 Liability Requirements for Class A and B Facilities
Sec. 334.510 Incapacity of Owners or Operators, Guarantors, or
Financial Institutions
8. Subchapter L: Overpayment Prevention
Sec. 334.530 Purpose and Applicability of the Subchapter
Sec. 334.531 Responsibility of Recipients of Money from the PSTR
Fund and Persons Paid by Recipients of Money from the PSTR Fund
Sec. 334.532 Payments
Sec. 334.533 Audits
Sec. 334.534 Notice of Overpayment
Sec. 334.535 Objections to the Notice of Overpayment and Formal
Petition for Hearing
Sec. 334.536 Hearing by the Commission
Sec. 334.537 Failure to Return Overpayment or Cooperative with
Audit or Investigation
Sec. 334.538 Administrative Penalties and Other Actions
9. Subchapter M: Reimbursable Cost Guidelines for the Petroleum
Storage Tank Reimbursement Program
Sec. 334.560 Reimbursable Cost Guidelines
[FR Doc. 96-523 Filed 1-17-96; 8:45 am]
BILLING CODE 6560-50-P
Complete official Federal Register PDF
FR Doc. 96-522 Underground Storage Tank Program: Approved State Program for Oklahoma
[Federal Register Volume 61, Number 12 (Thursday, January 18, 1996)]
[Rules and Regulations]
[Pages 1220-1223]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-522]
-----------------------------------------------------------------------
ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 282
[FRL-5304-3]
Underground Storage Tank Program: Approved State Program for
Oklahoma
AGENCY: Environmental Protection Agency (EPA).
ACTION: Immediate final rule.
-----------------------------------------------------------------------
SUMMARY: The Resource Conservation and Recovery Act of 1976, as amended
(RCRA), authorizes the U.S. Environmental Protection Agency (EPA) to
grant approval to states to operate their underground storage tank
programs in lieu of the federal program. 40 CFR part 282 codifies EPA's
decision to approve state programs and incorporates by reference those
provisions of the state statutes and regulations that will be subject
to EPA's inspection and enforcement authorities under sections 9005 and
9006 of RCRA subtitle I and other applicable statutory and regulatory
provisions. This rule codifies in part 282 the prior approval of
Oklahoma's underground storage tank program and incorporates by
reference appropriate provisions of state statutes and regulations.
DATES: This regulation is effective March 18, 1996, unless EPA
publishes a prior Federal Register notice withdrawing this immediate
final rule. All comments on the codification of Oklahoma's underground
storage tank program must be received by the close of business February
20, 1996. The incorporation by reference of certain publications listed
in the regulations is approved by the Director of the Federal Register,
as of March 18, 1996, in accordance with 5 U.S.C. 552(a).
ADDRESSES: Comments may be mailed to the Docket Clerk, Underground
Storage Tank Program, 6H-A, U.S. EPA Region 6, 1445 Ross Avenue,
Dallas, TX 75202-2733. Comments received by EPA may be inspected in the
public docket, located in the EPA Region 6 Library (12th floor) from 8
a.m. to 4:30 p.m., Monday through Friday, excluding federal holidays.
FOR FURTHER INFORMATION CONTACT: Gary Fisher, Underground Storage Tank
Program, 6H-A, U.S. EPA Region 6, 1445 Ross Avenue, Dallas, TX 75202-
2733. Phone: (214) 665-8048.
SUPPLEMENTARY INFORMATION:
Background
Section 9004 of the Resource Conservation and Recovery Act of 1976,
as amended, (RCRA), 42 U.S.C. 6991c, allows the U.S. Environmental
Protection Agency to approve state underground storage tank programs to
operate in the state in lieu of the federal underground storage tank
program. EPA published a Federal Register document announcing its
decision to grant approval to Oklahoma on August 12, 1992 (57 FR
41874). Approval was effective on October 14, 1992.
EPA codifies its approval of State programs in 40 CFR part 282 and
incorporates by reference therein the state statutes and regulations
that will be subject to EPA's inspection and enforcement authorities
under sections 9005 and 9006 of subtitle I of RCRA, 42 U.S.C. 6991d and
6991e, and other applicable statutory and regulatory provisions.
Today's rulemaking codifies EPA's approval of the Oklahoma underground
storage tank program. This codification reflects the state program in
effect at the time EPA granted Oklahoma approval under section 9004(a),
42 U.S.C. 6991c(a) for its underground storage tank program. Notice and
opportunity for comment were provided earlier on the Agency's decision
to approve the Oklahoma program, and EPA is not now reopening that
decision nor requesting comment on it.
This effort provides clear notice to the public of the scope of the
approved program in each state. By codifying the approved Oklahoma
program and by amending the Code of Federal Regulations whenever a new
or different set of requirements is approved in Oklahoma, the status of
federally approved requirements of the Oklahoma program will be readily
discernible. Only those provisions of the Oklahoma underground storage
tank program for which approval has been granted by EPA will be
incorporated by reference for enforcement purposes.
To codify EPA's approval of Oklahoma's underground storage tank
program, EPA has added Sec. 282.86 to title 40 of the CFR. Section
282.86 incorporates by reference for enforcement purposes the State's
statutes and regulations. Section 282.86 also references the Attorney
General's Statement, Demonstration of Adequate Enforcement Procedures,
the Program Description, and the Memorandum of Agreement, which are
approved as part of the underground storage tank program under subtitle
I of RCRA.
The Agency retains the authority under sections 9005 and 9006 of
subtitle I of RCRA, 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 analogs to these provisions. Therefore, the approved
Oklahoma enforcement authorities will not be incorporated by reference.
Section 282.86 lists those approved Oklahoma authorities that would
fall into this category.
The public also needs to be aware that some provisions of the
State's underground storage tank program are not part of the federally
approved state program. These non-approved provisions are not part of
the RCRA Subtitle I program because they are ``broader in scope'' than
Subtitle I of RCRA. See 40 CFR 281.12(a)(3)(ii). As a result, state
provisions which are ``broader in scope'' than the federal program are
not incorporated by reference for purposes of enforcement in part 282.
Section 282.86 of the codification simply lists for reference
[[Page 1221]]
and clarity the Oklahoma statutory and regulatory provisions which are
``broader in scope'' than the federal program and which are not,
therefore, part of the approved program being codified today. ``Broader
in scope'' provisions cannot be enforced by EPA; the State, however,
will continue to enforce such provisions.
Certification Under the Regulatory Flexibility Act
This rule codifies the decision already made (57 FR 41874, August
12, 1992) to approve the Oklahoma underground storage tank program and
thus has no separate effect. Therefore, this rule does not require a
regulatory flexibility analysis. Thus, pursuant to section 605(b) of
the Regulatory Flexibility Act, 5 U.S.C. 605(b), I hereby certify that
this rule will not have a significant economic impact on a substantial
number of small entities.
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.
Paperwork Reduction Act
Under the Paperwork Reduction Act, 44 U.S.C. 3501 et seq., Federal
agencies must consider the paperwork burden imposed by any information
request contained in a proposed or final rule. This rule will not
impose any information requirements upon the regulated community.
List of Subjects in 40 CFR Part 282
Environmental protection, Hazardous substances, Incorporation by
reference, Intergovernmental relations, State program approval,
Underground storage tanks, Water pollution control.
Dated: October 20, 1995.
A. Stanley Meiburg,
Acting Regional Administrator.
For the reasons set forth in the preamble, 40 CFR part 282 is
amended as follows:
PART 282--APPROVED UNDERGROUND STORAGE TANK PROGRAMS
1. The authority citation for part 282 continues to read as
follows:
Authority: 42 U.S.C. 6912, 6991c, 6991d, and 6991e.
2. Subpart B is amended by adding Sec. 282.86 to read as follows:
Subpart B--Approved State Programs
Sec. 282.86 Oklahoma State-Administered Program.
(a) The State of Oklahoma is approved to administer and enforce an
underground storage tank program in lieu of the federal program under
Subtitle I of the Resource Conservation and Recovery Act of 1976
(RCRA), as amended, 42 U.S.C. 6991 et seq. The State's program, as
administered by the Oklahoma Corporation Commission, was approved by
EPA pursuant to 42 U.S.C. 6991c and part 281 of this chapter. EPA
approved the Oklahoma program on August 12, 1992 and it was effective
on October 14, 1992.
(b) Oklahoma has primary responsibility for enforcing its
underground storage tank program. However, EPA retains the authority to
exercise its inspection and enforcement authorities under sections 9005
and 9006 of subtitle I of RCRA, 42 U.S.C. 6991d and 6991e, as well as
under other statutory and regulatory provisions.
(c) To retain program approval, Oklahoma must revise its approved
program to adopt new changes to the federal subtitle I program which
make it more stringent, in accordance with section 9004 of RCRA, 42
U.S.C. 6991c, and 40 CFR part 281, subpart E. If Oklahoma obtains
approval for the revised requirements pursuant to section 9004 of RCRA,
42 U.S.C. 6991c, the newly approved statutory and regulatory provisions
will be added to this subpart and notice of any change will be
published in the Federal Register.
(d) Oklahoma has final approval for the following elements
submitted to EPA in Oklahoma's program application for final approval
and approved by EPA on August 12, 1991. Copies may be obtained from the
Underground Storage Tank Program, Oklahoma Corporation Commission, Jim
Thorpe Building, Room 238, Oklahoma City, OK 73105.
(1) State statutes and regulations. (i) The provisions cited in
this paragraph are incorporated by reference as part of the underground
storage tank program under subtitle I of RCRA, 42 U.S.C. 6991 et seq.
(A) Oklahoma Statutory Requirements Applicable to the Underground
Storage Tank Program, 1995.
(B) Oklahoma Regulatory Requirements Applicable to the Underground
Storage Tank Program, 1995.
(ii) The following statutes and regulations are part of the
approved state program, although not incorporated by reference herein
for enforcement purposes.
(A) The statutory provisions include:
(1) Oklahoma Statutes, Chapter 14: Oklahoma Underground Storage Tank
Regulation Act
Sec. 306 Corporation Commission--Powers and Duties
Sec. 310 Inspections and Investigations--Violations--Notice--
Failure To Take Corrective Action--Notice and Hearing--Orders--
Service of Instruments--Notice to Real Property Owner and
Opportunity for Hearing
Sec. 312 Enforcement of Actions and Remedies--Action for Equitable
Relief--Jurisdiction--Relief
(B) The regulatory provisions include:
(1) Oklahoma Annotated Code, Chapter 25: Underground Storage Tanks,
Subchapter 9: Inspections, Testing, and Monitoring
Part 1: Inspections
Part 5: Penalties
Part 7: Field Citations
Part 9: Shutdown of Operations
(2) Oklahoma Annotated Code, Chapter 27: Petroleum Storage Tank Release
Indemnity Program, Subchapter 9: Administrative Provisions
Sec. 165:27-9-1 Hearing, Orders, and Appeals
Sec. 165:27-9-2 Changes to Rules
Sec. 165:27-9-3 Notices
Sec. 165:27-9-4 Severability
(iii) The following statutory and regulatory provisions are broader
in scope than the federal program, are not part of the approved
program, and are not incorporated by reference herein for enforcement
purposes.
(A) Oklahoma Statutes, Chapter 14: Oklahoma Underground Storage Tank
Regulation Act
Sec. 308 Permits--Necessity--Application--Issuance--Fees--Denial,
Refusal to Issue, Suspension or Revocation--Financial Responsibility
Coverage (Insofar as (B) applies to individuals other than UST
system owners and operators.)
Sec. 318 Program for Certification of Underground Storage Tank
Professionals--Meeting Training and Other Requirements for Federal
Law and Regulations and State Statutes (Insofar as it applies to
individuals other than UST owners and operators.)
(B) Oklahoma Annotated Code, Chapter 25: Underground Storage Tanks
(1) Subchapter 1: General Provisions
Part 9: Notification and Reporting Requirements (Insofar as 165:25-
1-45 requires owners of exempt USTs to notify the Commission of the
existence of such systems.)
[[Page 1222]]
(2) Subchapter 3: Release Prevention, Detection, and Correction
Part 9: Installation of Underground Storage Tank Systems (Insofar as
165:25-3-48 applies to individuals other than UST owners and
operators.)
Part 19: Certification for UST Consultants (Insofar as it applies to
individuals other than UST owners and operators.)
(2) Statement of legal authority. (i) ``Attorney General's
Statement for Final Approval'', signed by the Attorney General of
Oklahoma on June 21, 1990, though not incorporated by reference, is
referenced as part of the approved underground storage tank program
under Subtitle I of RCRA, 42 U.S.C. 6991 et seq.
(ii) Letter from the Attorney General of Oklahoma to EPA, June 21,
1990, though not incorporated by reference, is referenced as part of
the approved underground storage tank program under Subtitle I of RCRA,
42 U.S.C. 6991 et seq.
(3) Demonstration of procedures for adequate enforcement. The
``Demonstration of Procedures for Adequate Enforcement'' submitted as
part of the original application on June 25, 1989, though not
incorporated by reference, is referenced as part of the approved
underground storage tank program under subtitle I of RCRA, 42 U.S.C.
6991 et seq.
(4) Program Description. The program description and any other
material submitted as part of the original application on June 25,
1989, though not incorporated by reference, are referenced as part of
the approved underground storage tank program under Subtitle I of RCRA,
42 U.S.C. 6991 et seq.
(5) Memorandum of Agreement. The Memorandum of Agreement between
EPA Region 6 and the Oklahoma Corporation Commission, signed by the EPA
Regional Administrator on April 8, 1992, though not incorporated by
reference, is referenced as part of the approved underground storage
tank program under subtitle I of RCRA, 42 U.S.C. 6991 et seq.
3. Appendix A to part 282 is amended by adding in alphabetical
order ``Oklahoma'' and its listing.
Appendix A to Part 282--State Requirements Incorporated by
Reference in Part 282 of the Code of Federal Regulations
* * * * *
Oklahoma
(a) The statutory provisions include
1. Oklahoma Statutes, Chapter 14: Oklahoma Underground Storage Tank
Regulation Act
Sec. 301 Short Title
Sec. 303 Definitions
Sec. 304 Exemptions
Sec. 305 Corporation Commission Designated as State Agency to
Administer Certain Federal Programs
Sec. 307 Corporation Commission--Promulgation of Rules Governing
Underground Storage Tank Systems
Sec. 308 Permits--Necessity--Application--Issuance--Fees--Denial,
Refusal to Issue, Suspension or Revocation--Financial Responsibility
Coverage (Except (B), which applies to individuals other than UST
owners and operators.)
Sec. 308.1 Underground Storage Tank Systems for Petroleum
Products--Permit Fee--Penalty--Suspension or Nonrenewal of Permit
Sec. 309 Release from Underground Storage Tank System--Reports--
Corrective Action--Powers, Duties and Procedures of Corporation
Commission
Sec. 313 Records, Reports and Informations--Public Inspection--
Confidentiality--Disclosure to Federal or State Representatives
Sec. 315 Corporation Commission Underground Storage Tank Regulation
Revolving Fund
Sec. 316 Ordinance or Regulations in Conflict with Act Prohibited
Sec. 340 Storage Tank Advisory Council--Members--Quorum--
Authority--Rules--Expenses
2. Oklahoma Statutes, Chapter 15: Oklahoma Petroleum Storage Tank
Release Indemnity Program
Sec. 350 Short Title--Maintenance, Operation and Administration
Sec. 352 Definitions
Sec. 353 Petroleum Storage Tank Release Environmental Cleanup
Indemnity Fund
Sec. 354 Assessments on Motor Fuels, Diesel Fuel and Blending
Materials--Exemptions--Deposits in Funds
Sec. 356 Collection, Remittance and Reporting of Assessments
Sec. 356.1 Confidentiality of Records, Reports or Information--
Schedule of Reimbursable Fees
Sec. 357 Payment of Claim Subject to Indemnity Fund Acquiring
Subrogation Rights--Administrator to Protect Indemnity Fund in
Judicial and Administrative Proceedings--Notice of Lawsuit--
Enforcement of Third Party Claim
Sec. 358 Annual Reports
Sec. 359 Audit Relating to Petroleum Storage Tank Release
Environmental Cleanup Indemnity Fund
Sec. 360 Limitation on Expenditures for Administrative Costs--
Reports
Sec. 361 Appointment of Administrator--Hiring of Employees--
Temporary Workers and Contract Labor
Sec. 365 Oklahoma Leaking Underground Storage Tank Trust Fund--
Oklahoma Leaking Underground Storage Tank Revolving Fund--
Appropriation, Budgeting and Expenditure of Monies--Payments from
Funds--Costs of Actions--Emergencies--Reimbursement of Funds--
Administrative Penalties
(b) The regulatory provisions include
1. Oklahoma Annotated Code, Chapter 25: Underground Storage Tanks
a. Subchapter 1: General Provisions
Part 1: Purpose and Statutory Authority
Part 3: Definitions
Part 5: Scope of Rules
Part 7: National Industry Codes
Part 9: Notification and Reporting Requirements (Except 165:25-1-45,
insofar as it requires owners of exempt USTs to notify the
Commission of the existence of such systems.)
b. Subchapter 3: Release Prevention, Detection, and Correction
Part 1: Release Prohibition, Reporting and Investigation
Part 3: Recordkeeping
Part 5: Spill and Overfill Prevention Requirements
Part 7: Compatibility
Part 9: Installation of Underground Storage Tank Systems (Except
165:25-3-48, which applies to individuals other than UST owners and
operators.)
Part 11: Repairs to Underground Storage Tank Systems
Part 13: Removal and Closure of Underground Storage Tank Systems
Part 15: Corrective Action Requirements
Part 17: Requirements for Corrosion Protection Systems
c. Subchapter 5: Requirements for Existing Underground Storage Tank
Systems
d. Subchapter 7: Requirements for New Underground Storage Tank Systems
Part 1: Design, Construction, and Installation Requirements
Part 3: General Release Detection Methods and Service
Part 5: Release Detection Methods and Devices for Petroleum
Underground Storage Tank Systems
e. Subchapter 9: Inspections, Testing, and Monitoring
Part 3: Fees
f. Subchapter 11: Administrative Provisions
g. Subchapter 13: Financial Responsibility Requirements
Part 1: Applicability
Part 3: Definitions
Part 5: Amount and Scope of Coverage
Part 7: Financial Assurance
Part 9: Financial Test of Self-Insurance
Part 11: Guarantee
Part 13: Insurance and Risk Retention Group Coverage
Part 15: Surety Bond
Part 17: Letter of Credit
Part 19: State Fund or Other State Assurance
[[Page 1223]]
Part 21: Trust Fund
Part 23: Standby Trust Fund
Part 25: Substitution of Financial Assurance Mechanisms
Part 27: Cancellation or Nonrenewal
Part 29: Reporting
Part 31: Recordkeeping
Part 33: Drawing on Financial Assurance Mechanisms
Part 35: Release from Subchapter 11 Requirements
Part 37: Bankruptcy or Other Incapacity of Owner/Operator or
Provider of Financial Assurance
Part 39: Replenishment of Guarantees, Letters of Credit, or Surety
Bonds
h. Subchapter 15: Circle K Settlement Fund
Part 1: General Provisions
Part 3: Definitions
Part 5: Eligibility Requirements
Part 7: Reimbursement
i. Appendices
Appendix A: Letter From Chief Financial Officer
Appendix B: Guarantee
Appendix C: Endorsement
Appendix D: Certificate of Insurance
Appendix E: Performance Bond
Appendix F: Irrevocable Standby Letter of Credit
Appendix G: Trust Agreement
Appendix H: Certification of Financial Responsibility
Appendix I: Certification of Valid Claim
Appendix J: Soil and Groundwater Remediation Index
Appendix K: Soil Cleanup Levels
Appendix L: Mean Annual Precipitation
Appendix M: Hydrologically Sensitive Area
Appendix N: Field Citation Fines
2. Oklahoma Annotated Code, Chapter 27: Indemnity Fund
a. Subchapter 1: General Provisions
Sec. 165:27-1-1 Purpose
Sec. 165:27-1-2 Definitions
Sec. 165:27-1-3 Scope
Sec. 165:27-1-4 Authority
Sec. 165:27-1-5 Citation of Rules
Sec. 165:27-1-6 Prescribed Forms
b. Subchapter 3: Eligibility Requirements
Sec. 165:27-3-1 General Requirements
Sec. 165:27-3-2 Eligible Person
Sec. 165:27-3-3 Eligible Release
c. Subchapter 5: Qualifications for Reimbursement
Sec. 165:27-5-1 Qualifications for Reimbursement
Sec. 165:27-5-2 Application for Reimbursement
Sec. 165:27-5-3 Application for Supplemental Reimbursement
d. Subchapter 7: Reimbursement
Sec. 165:27-7-1 Reimbursable Expenses
Sec. 165:27-7-2 Total Reimbursement
Sec. 165:27-7-5 Methods for Reimbursement
Sec. 165:27-7-6 Conditions for Reimbursement
Sec. 165:27-7-7 Exclusions from Reimbursement
Sec. 165:27-7-8 Withholding Reimbursement
[FR Doc. 96-522 Filed 1-17-96; 8:45 am]
BILLING CODE 6560-50-P
Complete official Federal Register PDF
FR Doc. 96-521 Underground Storage Tank Program: Approved State Program for New Mexico
[Federal Register Volume 61, Number 12 (Thursday, January 18, 1996)]
[Rules and Regulations]
[Pages 1216-1220]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-521]
-----------------------------------------------------------------------
ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 282
[FRL-5304-2]
Underground Storage Tank Program: Approved State Program for New
Mexico
AGENCY: Environmental Protection Agency (EPA).
ACTION: Immediate final rule.
-----------------------------------------------------------------------
SUMMARY: The Resource Conservation and Recovery Act of 1976, as amended
(RCRA), authorizes the U.S. Environmental Protection Agency (EPA) to
grant approval to states to operate their underground storage tank
programs in lieu of the federal program. 40 CFR part 282 codifies EPA's
decision to approve state programs and incorporates by reference those
provisions of the state statutes and regulations that will be subject
to EPA's inspection and enforcement authorities under sections 9005 and
9006 of RCRA subtitle I and other applicable statutory and regulatory
provisions. This rule codifies in part 282 the prior approval of New
Mexico's underground storage tank program and incorporates by reference
appropriate provisions of state statutes and regulations.
DATES: This regulation is effective March 18, 1996, unless EPA
publishes a prior Federal Register notice withdrawing this immediate
final rule. All comments on the codification of New Mexico's
underground storage tank program must be received by the close of
business February 20, 1996. The incorporation by reference of certain
publications listed in the regulations is approved by the Director of
the Federal Register, as of March 18, 1996, in accordance with 5 U.S.C.
552(a).
ADDRESSES: Comments may be mailed to the Docket Clerk, Underground
Storage Tank Program, 6H-A, U.S. EPA Region 6, 1445 Ross Avenue,
Dallas, TX 75202-2733. Comments received by EPA may be inspected in the
public docket, located in the EPA Region 6 Library (12th floor) from 8
a.m. to 4:30 p.m., Monday through Friday, excluding federal holidays.
FOR FURTHER INFORMATION CONTACT: Gary Fisher, Underground Storage Tank
Program, 6H-A, U.S. EPA Region 6, 1445 Ross Avenue, Dallas, TX 75202-
2733. Phone: (214) 665-8048.
SUPPLEMENTARY INFORMATION:
Background
Section 9004 of the Resource Conservation and Recovery Act of 1976,
as amended, (RCRA), 42 U.S.C. 6991c, allows the U.S. Environmental
Protection Agency to approve state underground storage tank programs to
operate in the state in lieu of the federal underground storage tank
program. EPA published a Federal Register document announcing its
decision to grant approval to New Mexico on August 21, 1990 (55 FR
38064). Approval was effective on November 16, 1990.
EPA codifies its approval of State programs in 40 CFR part 282 and
incorporates by reference therein the state statutes and regulations
that will be subject to EPA's inspection and enforcement authorities
under sections 9005 and 9006 of subtitle I of RCRA, 42 U.S.C. 6991d and
6991e, and other applicable statutory and regulatory provisions.
Today's rulemaking codifies EPA's approval of the New Mexico
underground storage tank program. This codification reflects the state
program in effect at the time EPA granted New Mexico approval under
section 9004(a), 42 U.S.C. 6991c(a) for its underground storage tank
program. Notice and opportunity for comment were provided earlier on
the Agency's decision to approve the New Mexico program, and EPA is not
now reopening that decision nor requesting comment on it.
This effort provides clear notice to the public of the scope of the
approved program in each state. By codifying the approved New Mexico
program and by amending the Code of Federal Regulations whenever a new
or different set of requirements is approved in New Mexico, the status
of federally approved requirements of the New Mexico program will be
readily discernible. Only those provisions of the New Mexico
underground storage tank program for which approval has been granted by
EPA will be incorporated by reference for enforcement purposes.
To codify EPA's approval of New Mexico's underground storage tank
program, EPA has added section 282.81 to title 40 of the CFR. Section
282.81 incorporates by reference for enforcement purposes the State's
statutes and regulations. Section 282.81 also references the Attorney
General's Statement, Demonstration of Adequate Enforcement Procedures,
the Program Description, and the Memorandum of Agreement, which are
approved as part of the underground storage tank program under subtitle
I of RCRA.
The Agency retains the authority under sections 9005 and 9006 of
subtitle I of RCRA, 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
[[Page 1217]]
procedures rather than the state authorized analogs to these
provisions. Therefore, the approved New Mexico enforcement authorities
will not be incorporated by reference. Section 282.81 lists those
approved New Mexico authorities that would fall into this category.
The public also needs to be aware that some provisions of the
State's underground storage tank program are not part of the federally
approved state program. These non-approved provisions are not part of
the RCRA Subtitle I program because they are ``broader in scope'' than
Subtitle I of RCRA. See 40 CFR 281.12(a)(3)(ii). As a result, state
provisions which are ``broader in scope'' than the federal program are
not incorporated by reference for purposes of enforcement in part 282.
Section 282.81 of the codification simply lists for reference and
clarity the New Mexico statutory and regulatory provisions which are
``broader in scope'' than the federal program and which are not,
therefore, part of the approved program being codified today. ``Broader
in scope'' provisions cannot be enforced by EPA; the State, however,
will continue to enforce such provisions.
Certification Under the Regulatory Flexibility Act
This rule codifies the decision already made (55 FR 38064, August
21, 1990) to approve the New Mexico underground storage tank program
and thus has no separate effect. Therefore, this rule does not require
a regulatory flexibility analysis. Thus, pursuant to section 605(b) of
the Regulatory Flexibility Act, 5 U.S.C. 605(b), I hereby certify that
this rule will not have a significant economic impact on a substantial
number of small entities.
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.
Paperwork Reduction Act
Under the Paperwork Reduction Act, 44 U.S.C. 3501 et seq., Federal
agencies must consider the paperwork burden imposed by any information
request contained in a proposed or final rule. This rule will not
impose any information requirements upon the regulated community.
List of Subjects in 40 CFR Part 282
Environmental protection, Hazardous substances, Incorporation by
reference, Intergovernmental relations, State program approval,
Underground storage tanks, Water pollution control.
Dated: October 20, 1995.
A. Stanley Meiburg,
Acting Regional Administrator.
For the reasons set forth in the preamble, 40 CFR Part 282 is
amended as follows:
PART 282--APPROVED UNDERGROUND STORAGE TANK PROGRAMS
1. The authority citation for part 282 continues to read as
follows:
Authority: 42 U.S.C. 6912, 6991c, 6991d, and 6991e.
Subpart B--Approved State Programs
2. Subpart B is amended by adding Sec. 282.81 to read as follows:
Sec. 282.81 New Mexico State-Administered Program.
(a) The State of New Mexico is approved to administer and enforce
an underground storage tank program in lieu of the federal program
under Subtitle I of the Resource Conservation and Recovery Act of 1976
(RCRA), as amended, 42 U.S.C. 6991 et seq. The State's program, as
administered by the New Mexico Environmental Improvement Board, was
approved by EPA pursuant to 42 U.S.C. 6991c and part 281 of this
Chapter. EPA approved the New Mexico program on August 21, 1990 and it
was effective on November 16, 1990.
(b) New Mexico has primary responsibility for enforcing its
underground storage tank program. However, EPA retains the authority to
exercise its inspection and enforcement authorities under sections 9005
and 9006 of subtitle I of RCRA, 42 U.S.C. 6991d and 6991e, as well as
under other statutory and regulatory provisions.
(c) To retain program approval, New Mexico must revise its approved
program to adopt new changes to the federal subtitle I program which
make it more stringent, in accordance with section 9004 of RCRA, 42
U.S.C. 6991c, and 40 CFR part 281, subpart E. If New Mexico obtains
approval for the revised requirements pursuant to section 9004 of RCRA,
42 U.S.C. 6991c, the newly approved statutory and regulatory provisions
will be added to this subpart and notice of any change will be
published in the Federal Register.
(d) New Mexico has final approval for the following elements
submitted to EPA in New Mexico's program application for final approval
and approved by EPA on August 21, 1990. Copies may be obtained from the
Underground Storage Tank Program, New Mexico Environmental Improvement
Board, 1190 St. Francis Drive, Santa Fe, NM 87503.
(1) State statutes and regulations. (i) The provisions cited in
this paragraph are incorporated by reference as part of the underground
storage tank program under subtitle I of RCRA, 42 U.S.C. 6991 et seq.
(A) New Mexico Statutory Requirements Applicable to the Underground
Storage Tank Program, 1995.
(B) New Mexico Regulatory Requirements Applicable to the
Underground Storage Tank Program, 1995.
(ii) The following statutes and regulations are part of the
approved state program, although not incorporated by reference herein
for enforcement purposes.
(A) The statutory provisions include:
(1) New Mexico Statutes 1978 Annotated, Chapter 74, Environmental
Improvement.
(i) Article 4: Hazardous Wastes.
74-4-4.2 Permits; Issuance; Denial; Modification; Suspension;
Revocation
74-4-4.3 Entry; Availability of Records
74-4-10 Enforcement; Compliance Orders; Civil Penalties
74-4-11 Penalty; Criminal
74-4-12 Penalty; Civil
74-4-13 Imminent Hazards; Authority of Director; Penalties
74-4-14 Administrative Actions; Judicial Review
(ii) Article 6: Water Quality.
74-6-7 Administrative Action; Judicial Review
74-6-10 Penalties Enforcement; Compliance Orders; Penalties;
Assurance of Discontinuance
74-6-10.1 Civil Penalties
74-6-10.2 Criminal Penalties
74-6-11 Emergency; Powers of Delegated Constituent Agencies;
Penalties
(iii) Article 6B: Ground Water Protection.
74-6B-5 Department's Right of Entry and Inspection
(B) The regulatory provisions include:
(1) State of New Mexico Environmental Improvement Board Underground
Storage Tank Regulations.
(i) Part X: Administrative Review.
Sec. 1000 Informal Review
Sec. 1001 Review By the Director on Written Memoranda
Sec. 1002 Public Participation
(2) New Mexico Rules Governing Appeals From Compliance Orders Under the
Hazardous Waste Act and the Solid Waste Act.
[[Page 1218]]
(i) Part I: General Provisions.
Sec. 101 Authority
Sec. 102 Scope of Rules; Applicability of Rules of Civil Procedure
Sec. 103 Definitions
Sec. 104 Use of Number and Gender
Sec. 105 Powers and Duties of the Director, Hearing Officer, and
Hearing Clerk
Sec. 106 Computation and Extension of Time
Sec. 107 Ex Parte Discussions
Sec. 108 Examination of Documents Filed
Sec. 109 Settlement; Consent Agreement
(ii) Part II: Document Requirements.
Sec. 201 Filing, Service, and Form of Documents
Sec. 202 Filing and Service of Documents Issued by Hearing Officer
Sec. 203 Compliance Order
Sec. 204 Request for Hearing; Answer to Compliance Order
Sec. 205 Notice of Docketing; Notice of Hearing Officer Assignment
Sec. 206 Motions
(iii) Part III: Prehearing Procedures and Discovery.
Sec. 301 General Rules Regarding Discovery
Sec. 302 Identity of Witnesses
Sec. 303 Production of Documents
Sec. 304 Request for Admissions
Sec. 305 Subpoenas
Sec. 306 Other Discovery
(iv) Part IV: Hearing Procedures.
Sec. 401 Scheduling the Hearing
Sec. 402 Evidence
Sec. 403 Objections and Offers of Proof
Sec. 404 Burden of Presentation; Burden of Persuasion
(v) Part V: Post-Hearing Procedures.
Sec. 501 Filing the Transcript
Sec. 502 Proposed Findings, Conclusions and Orders
Sec. 503 Recommended Decision
Sec. 504 Final Order by Director
Sec. 505 Judicial Review
(vi) Part VI: Miscellaneous Provisions.
Sec. 601 Liberal Construction
Sec. 602 Severability
Sec. 603 Supersession of Prior Rules
Sec. 604 Savings Clause
(iii) The following statutory and regulatory provisions are broader
in scope than the federal program, are not part of the approved
program, and are not incorporated by reference herein for enforcement
purposes.
(A) New Mexico Statutes 1978 Annotated, Chapter 74, Environmental
Improvement.
(1) 74-4-4.4 Underground Storage Tanks; Registration; Installer
Certification; Fees [Insofar as it applies to individuals other than
UST owners and operators.]
(B) State of New Mexico Environmental Improvement Board Underground
Storage Tank Regulations.
(1) Part I: General Provisions.
Sec. 103 Applicability [Insofar as it does not exclude UST systems
with de minimis concentrations of regulated substances; emergency spill
or overflow containment UST systems expeditiously emptied after use;
UST systems that are part of emergency generator systems at nuclear
power generation facilities; airport hydrant fuel distribution systems;
and UST systems with field-constructed tanks; and does not defer
emergency power generator UST systems.]
(2) Part XIV: Certification of Tank Installers [Insofar as it
applies to individuals other than UST owners and operators.]
Sec. 1400 Purpose
Sec. 1401 Legal Authority
Sec. 1402 Definitions
Sec. 1403 Applicability
Sec. 1404 General Requirements
Sec. 1405 Contractor Certification
Sec. 1406 Individual Certification
Sec. 1407 Experience Requirements
Sec. 1408 Written Examination
Sec. 1409 On-Site Examination
Sec. 1410 Approval of Comparable Certification Programs
Sec. 1411 Denial of Certificates
Sec. 1412 Renewal of Certificates
Sec. 1413 Installer Duties and Obligations
Sec. 1414 Division Approval of Training and Continuing Education
Sec. 1415 Complaints
Sec. 1416 Investigations, Enforcement, Penalties
Sec. 1417 Division Actions Against Certificates
(2) Statement of legal authority. (i) ``Attorney General's
Statement for Final Approval'', signed by the Attorney General of New
Mexico on June 25, 1990, though not incorporated by reference, is
referenced as part of the approved underground storage tank program
under Subtitle I of RCRA, 42 U.S.C. 6991 et seq.
(ii) Letter from the Attorney General of New Mexico to EPA, June
25, 1990, though not incorporated by reference, is referenced as part
of the approved underground storage tank program under Subtitle I of
RCRA, 42 U.S.C. 6991 et seq.
(3) Demonstration of procedures for adequate enforcement. The
``Demonstration of Procedures for Adequate Enforcement'' submitted as
part of the original application on September 25, 1989, though not
incorporated by reference, is referenced as part of the approved
underground storage tank program under subtitle I of RCRA, 42 U.S.C.
6991 et seq.
(4) Program Description. The program description and any other
material submitted as part of the original application on September 25,
1990, though not incorporated by reference, are referenced as part of
the approved underground storage tank program under Subtitle I of RCRA,
42 U.S.C. 6991 et seq.
(5) Memorandum of Agreement. The Memorandum of Agreement between
EPA Region 6 and the New Mexico Environmental Improvement Board, signed
by the EPA Regional Administrator on September 13, 1990, though not
incorporated by reference, is referenced as part of the approved
underground storage tank program under subtitle I of RCRA, 42 U.S.C.
6991 et seq.
3. Appendix A to Part 282 is amended by adding in alphabetical
order ``New Mexico'' and its listing.
Appendix A to Part 282--State Requirements Incorporated by
Reference in Part 282 of the Code of Federal Regulations
* * * * *
New Mexico
(a) The statutory provisions include:
1. New Mexico Statutes 1978 Annotated, Chapter 74, Environmental
Improvement (1993 Replacement Pamphlet and 1994 Supplement)
a. Article 4: Hazardous Wastes
74-4-1 Short Title
74-4-2 Purpose
74-4-3 Definitions
74-4-3.1 Application of Act
74-4-3.3 Hazardous Wastes of Other States
74-4-4 Duties and Powers of the Board
74-4-4.1 Hazardous Agricultural Waste; Duties and
Responsibilities of the Department of Agriculture
74-4-4.4 Underground Storage Tanks; Registration; Installer
Certification; Fees [Except insofar as it applies to individuals
other than UST owners and operators.]
74-4-4.5 Hazardous Waste Fund Created; Appropriation
74-4-4.7 Permit Applicant Disclosure
74-4-4.8 Underground Storage Tank Fund Created; Appropriation
74-4-5 Adoption of Regulations; Notice and Hearing
74-4-7 Containment and Cleanup of Hazardous Substance
Incidents; Division Powers
74-4-8 Emergency Fund
74-4-9 Existing Hazardous Waste Facilities; Interim Status
74-4-10.1 Hazardous Waste Monitoring; Analysis and Testing
b. Article 6: Water Quality
[[Page 1219]]
74-6-1 Short Title
74-6-2 Definitions
74-6-3 Water Quality Control Commission Created
74-6-3.1 Legal Advice
74-6-4 Duties and Powers of Commission
74-6-5 Permits; Certification; Appeals to Commission
74-6-5.1 Disclosure Statements
74-6-5.2 Water Quality Management Fund Created
74-6-6 Adoption of Regulations and Standards; Notice and
Hearing
74-6-8 Duties of Constituent Agencies
74-6-9 Powers of Constituent Agencies
74-6-12 Limitations
74-6-13 Construction
74-6-14 Recompiled
74-6-15 Confidential Information; Penalties
74-6-16 Effect and Enforcement of Water Quality Act During
Transition
74-6-17 Termination of Agency Life; Delayed Repeal
c. Article 6B: Ground Water Protection
74-6B-1 Short Title
74-6B-2 Findings; Purpose of Act
74-6B-3 Definitions
74-6B-4 Underground Storage Tank Committee; Creation; Terms;
Powers and Duties
74-6B-6 Civil Liability for Damage to Property from Leaking
Underground Storage Tank
74-6B-7 Corrective Action Fund Created; Authorization for
Expenditures
74-6B-8 Liability; Cost Recovery
74-6B-9 Underground Storage Tank Fee; Deposit in Underground
Storage Tank Fund
74-6B-10 Act Does not Create Insurance Company or Fund
74-6B-12 Early Response Team Created
74-6B-13 Payment Program
74-6B-14 State Liability; Insufficient Balance in the Fund
(b) The regulatory provisions include:
1. State of New Mexico Environmental Improvement Board Underground
Storage Tank Regulations
a. Part I: General Provisions
Sec. 100 Purpose
Sec. 101 Legal Authority
Sec. 102 Definitions
Sec. 103 Applicability
b. Part II: Registration of Tanks
Sec. 200 Existing Tanks
Sec. 201 Transfer of Ownership
Sec. 202 New UST System
Sec. 203 Substantially Modified UST Systems
Sec. 204 Notification of Spill or Release
Sec. 205 Emergency Repairs and Tank Replacement
Sec. 206 Application Forms
Sec. 207 Registration Certificate
c. Part III: Annual Fee
Sec. 300 Payment of Fee
Sec. 301 Amount of Fee
Sec. 302 Late Payment Penalties
d. Part IV: New and Upgraded UST Systems: Design, Construction,
and Installation
Sec. 400 Performance Standards for New UST Systems
Sec. 401 Upgrading of Existing UST Systems
Sec. 402 Certificate of Compliance; Notification Requirements
e. Part V: General Operating Requirements
Sec. 500 Spill and Overfill Control
Sec. 501 Operation and Maintenance of Corrosion Protection
Sec. 502 Compatibility
Sec. 503 Repairs Allowed
Sec. 504 Reporting and Recordkeeping
Sec. 505 Inspections, Monitoring and Testing
f. Part VI: Release Detection
Sec. 600 General Requirements for All UST Systems
Sec. 601 Requirements for Petroleum UST Systems
Sec. 602 Requirements for Hazardous Substance UST Systems
Sec. 603 Methods of Release Detection for Tanks
Sec. 604 Methods of Release Detection for Piping
Sec. 605 Release Detection Recordkeeping
g. Part VII: Release Reporting, Investigation, and Confirmation
Sec. 700 Reporting of Suspected Releases
Sec. 701 Investigation Due to Off-Site Impacts
Sec. 702 Release Investigation and Confirmation Steps
Sec. 703 Reporting and Cleanup of Spills and Overfills
h. Part VIII: Out-of-Service Systems and Closure
Sec. 800 Temporary Closure
Sec. 801 Permanent Closure and Changes-in-Service
Sec. 802 Assessing the Site at Closure or Change-in-Service
Sec. 803 Applicability to Previously Closed UST Systems
Sec. 804 Closure Records
i. Part IX: Financial Responsibility
Sec. 900 Applicability
Sec. 901 Compliance Dates
Sec. 902 Definition of Terms
Sec. 903 Amount and Scope of Required Financial Responsibility
Sec. 904 Allowable Mechanisms and Combinations of Mechanisms
Sec. 905 Financial Test of Self-Insurance
Sec. 906 Guarantee
Sec. 907 Insurance and Risk Retention Group Coverage
Sec. 908 Surety Bond
Sec. 909 Letter of Credit
Sec. 910 Use of State-Required Mechanism
Sec. 911 State Fund or Other State Assurance
Sec. 912 Trust Fund
Sec. 913 Standby Trust Fund
Sec. 914 Substitution of Financial Assurance Mechanisms by
Owner or Operator
Sec. 915 Cancellation or Nonrenewal by a Provider of Financial
Assurance
Sec. 916 Reporting by Owner or Operator
Sec. 917 Recordkeeping
Sec. 918 Drawing on Financial Assurance Mechanisms
Sec. 919 Release from the Requirements
Sec. 920 Bankruptcy or Other Incapacity of Owner or Operator or
Provider of Financial Assurance
Sec. 921 Replenishment of Guarantees, Letters of Credit, or
Surety Bonds
Sec. 922 Suspension of Enforcement [reserved]
j. Part XI: Miscellaneous
Sec. 1100 Compliance with Other Regulations
Sec. 1101 Construction
Sec. 1102 Severability
k. Part XII: Corrective Action for UST Systems Containing
Petroleum
Sec. 1200 General
Sec. 1201 Definitions
Sec. 1202 Initial Response
Sec. 1203 Initial Abatement
Sec. 1204 72 Hour and 7 Day Reporting Requirements
Sec. 1205 On-Site Investigation
Sec. 1206 Report on the On-Site Investigation
Sec. 1207 Split Samples and Sampling Procedures
Sec. 1208 Free Product Removal
Sec. 1209 Treatment of Highly Contaminated Soils
Sec. 1210 Hydrogeologic Investigation
Sec. 1211 Review and Approval of Hydrogeologic Investigation
Sec. 1212 Reclamation Proposal
Sec. 1213 Public Notice of Reclamation Proposal
Sec. 1214 Review and Approval of Reclamation Proposal
Sec. 1215 Implementation of Reclamation Proposal
Sec. 1216 Quarterly Reports
Sec. 1217 Evaluation of Corrective Action System
Sec. 1218 Modification of Reclamation Proposal
Sec. 1219 Termination of Reclamation
Sec. 1220 Technical Infeasibility for Completion of Reclamation
Sec. 1221 Request for Extension of Time
Sec. 1222 Request for Variance
l. Part XIII: Corrective Action for UST Systems Containing Other
Regulated Substances
Sec. 1300 General
Sec. 1301 Definitions
Sec. 1302 Initial Response
Sec. 1303 Initial Abatement
Sec. 1304 72 Hour and 7 Day Reporting Requirements
Sec. 1305 On-Site Investigation
Sec. 1306 Report on the On-Site Investigation
Sec. 1307 Split Samples and Sampling Procedures
Sec. 1308 Hydrogeologic Investigation
Sec. 1309 Review and Approval of Hydrogeologic Investigation
Sec. 1310 Reclamation Proposal
Sec. 1311 Public Notice of Reclamation Proposal
Sec. 1312 Review and Approval of Reclamation Proposal
Sec. 1313 Implementation of Reclamation Proposal
Sec. 1314 Quarterly Reports
Sec. 1315 Evaluation of Corrective Action System
Sec. 1316 Modification of Reclamation Proposal
Sec. 1317 Termination of Reclamation
Sec. 1318 Additional Water Quality Standards
Sec. 1319 Request for Extension of Time
[[Page 1220]]
Sec. 1320 Request for Variance
m. Part XV: Ground Water Protection Act Regulations
Sec. 1500 Purpose
Sec. 1501 Legal Authority
Sec. 1502 Definitions
Sec. 1503 Construction
Sec. 1504 Permissible Fund Expenditures
Sec. 1505 Priorities for Fund Expenditures
Sec. 1506 Site-Specific Allocation of Fund Monies
Sec. 1507 Reserved and Dedicated Fund Monies
Sec. 1508 Minimum Site Assessment
2. Corrective Action Fund Payment and Reimbursement Regulations
a. Part I: General Provisions
Sec. 101 Authority
Sec. 102 Purpose
Sec. 103 Applicability
Sec. 104 Definitions
b. Part II: Compliance Determinations
Sec. 201 General
Sec. 202 Determination of Compliance under Section 74-6B-8
Sec. 203 Compliance Determination Following Written Submission
c. Part III: Eligible and Ineligible Costs
Sec. 301 Minimum Site Assessment
Sec. 302 Corrective Action
d. Part IV: Application, Payment, and Reimbursement
Sec. 401 Application, Payment, and Reimbursement Process
e. Part V: Administrative Review
Sec. 501 Review by the Director on Written Submittal
Sec. 502 Request for Hearing on Determinations of Compliance
and Cost Eligibility
Sec. 503 Notice of Docketing and Hearing Officer Assignment;
Motions; Prehearing Procedures and Discovery; Hearing and Post-
Hearing Procedures
f. Part VI: Miscellaneous Provisions
Sec. 601 Liberal Construction
Sec. 602 Severability
Sec. 603 Compliance
[FR Doc. 96-521 Filed 1-17-96; 8:45 am]
BILLING CODE 6560-50-P
Complete official Federal Register PDF
FR Doc. 96-434 Final Theft Data; Motor Vehicle Theft Prevention Standard
[Federal Register Volume 61, Number 12 (Thursday, January 18, 1996)]
[Rules and Regulations]
[Pages 1228-1232]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-434]
=======================================================================
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DEPARTMENT OF TRANSPORTATION
National Highway Traffic Safety Administration
49 CFR Part 541
[Docket No. 95-63; Notice 04]
RIN 2127-AE92
Final Theft Data; Motor Vehicle Theft Prevention Standard
AGENCY: National Highway Traffic Safety Administration (NHTSA),
Department of Transportation.
ACTION: Publication of final theft data.
-----------------------------------------------------------------------
SUMMARY: This document publishes the final data on thefts of model year
(MY) 1993 passenger motor vehicles that occurred in calendar year (CY)
1993. The final 1993 theft data indicate a decrease in the vehicle
theft rate when compared to the theft rate experienced in CY/MY 1992.
The final theft rate for MY 1993 passenger vehicles stolen in calendar
year 1993 decreased to 3.98 thefts per thousand vehicles produced.
Publication of these data fulfills NHTSA's statutory obligation to
periodically obtain accurate and timely theft data, and publish the
information for review and comment. The data was calculated for
informational purposes only.
FOR FURTHER INFORMATION CONTACT: Ms. Barbara A. Gray, Office of Market
Incentives, NHTSA, 400 Seventh Street, SW, Washington, DC 20590. Ms.
Gray's telephone number is (202) 366-1740. Her fax number is (202) 493-
2739.
SUPPLEMENTARY INFORMATION: NHTSA administers a program for reducing
motor vehicle theft. The central feature of this program is the Federal
Motor Vehicle Theft Prevention Standard, 49 CFR Part 541. The standard
specifies performance requirements for inscribing and affixing vehicle
identification numbers (VINs) onto certain major original equipment and
replacement parts of high-theft lines of passenger motor vehicles.
The agency is required by 49 U.S.C. 33104(b)(4) to periodically
obtain, from the most reliable source, accurate and timely theft data,
and publish the data for review and comment. To fulfill this statutory
mandate, NHTSA has published theft data annually since 1983/84.
Continuing to fulfill the Sec. 33104(b)(4) mandate, this document
reports the final theft data for CY 1993, the most recent calendar year
for which data are available.
In calculating the 1993 theft rates, NHTSA followed the same
procedures it used in calculating the MY 1992 theft rates. (For 1992
theft data calculations, see 60 FR 1824, January 5, 1995). As in all
previous reports, NHTSA's data were based on information provided to
NHTSA by the National Crime Information Center (NCIC) of the Federal
Bureau of Investigation. The NCIC is a government system that receives
vehicle theft information from nearly 23,000 criminal justice agencies
and other law enforcement authorities throughout the United States. The
NCIC data also include reported thefts of self-insured and uninsured
vehicles, not all of which are reported to other data sources.
The 1993 theft rate for each vehicle line was calculated by
dividing the number of reported thefts of MY 1993 vehicles of that line
stolen during calendar year 1993, by the total number of vehicles in
that line manufactured for MY 1993, as reported to the Environmental
Protection Agency.
The final 1993 theft data show a decrease in the vehicle theft rate
when compared to the theft rate experienced in CY/MY 1992. The final
theft rate for MY 1993 passenger vehicles stolen in CY 1993 decreased
to 3.98 thefts per thousand vehicles produced, a decrease of 7.7
percent from the rate of 4.31 thefts per thousand vehicles experienced
by MY 1992 vehicles in CY 1992. For MY 1993 vehicles, out of a total of
213 vehicle lines, 97 lines had a theft rate higher than 3.5826 per
thousand vehicles, the established median theft rate for MYs 1990/1991.
(See 59 FR 12400, March 16, 1994). Of the 97 vehicle lines with a theft
rate higher than 3.5826, 76 are passenger car lines, 17 are
multipurpose passenger vehicle lines, and 4 are light-duty truck lines.
On Tuesday, September 12, 1995, NHTSA published the preliminary
theft rates for CY 1993 passenger motor vehicles in the Federal
Register (60 FR 47429). The agency tentatively ranked each of the MY
1993 vehicle lines in descending order of theft rate. The public was
requested to comment on the accuracy of the data, and to provide final
production figures for individual vehicle lines. In response to the
September 1995 notice, the agency received written comments from Ford
Motor Company (Ford), General Motors Corporation (GM), and Mercedes-
Benz of North America, Inc. (Mercedes-Benz). In its comments, all three
manufacturers provided corrected production figures for their vehicle
lines. (The written corrections are available at the docket number
cited at the beginning of this notice.) The updated production figures
from those manufacturers affected the theft rates of the vehicle lines
of each manufacturer as follows: The Ford Taurus, E150 Van, F150 Pickup
Truck, and Mercury Capri have been amended. In addition, the General
Motors Geo Metro and Tracker are revised. Likewise, the Mercedes-Benz
124 (E-Class), 129 (SL-Class), 140 (S-Class), and 201 have also been
revised.
The agency used all written comments to make the necessary
adjustments to its data. As a result of the adjustments, the final
theft rate and ranking of the vehicle lines changed from those
published in the September 1995 notice. The Ford E150 Van previously
ranked at No. 37, with a theft rate of 6.4963, is now ranked at No. 26,
with a theft rate of 7.5873; the Ford F150 Pickup Truck previously
ranked at No. 195, with a theft rate of 0.6147, is now ranked at
No.159, with a theft rate
[[Page 1229]]
of 1.9652; the Ford Mercury Capri previously ranked at No. 116, with a
theft rate of 3.1364, is now ranked at No.132, with a theft rate of
2.7083; the Ford Taurus previously ranked at No. 136, with a theft rate
of 2.5996, remains at No. 136, with a theft rate of 2.4923; the General
Motors Geo Tracker previously ranked at No. 29, with a theft rate of
7.3293, remains at No. 29 with a theft rate of 7.3383; the General
Motors Geo Metro previously ranked at No. 129, with a theft rate of
2.8258, is now ranked at No. 134, with a theft rate of 2.5975; the
Mercedes-Benz 124 line (E-Class) previously ranked at No.179, with a
theft rate of 1.3839, is now ranked at No. 174, with a theft rate of
1.5325; the Mercedes-Benz 129 line (SL-Class) previously ranked No. 3
with a theft rate of 19.2308, is now ranked No. 71, with a theft rate
of 4.6425; the Mercedes-Benz 140 line (S-Class), previously ranked at
No. 30, with a theft rate of 7.2457, is now ranked at No. 65, with a
theft rate of 4.9328; and the Mercedes-Benz 201 line, previously ranked
at No. 73, with a theft rate of 4.5638, is now ranked at No. 152, with
a theft rate of 2.1154;
The following list represents NHTSA's final calculation of theft
rates for all 1993 passenger motor vehicle lines. This list is intended
to inform the public of calendar year 1993 motor vehicle thefts of
model year 1993 vehicles, and does not have any affect on the
obligations of regulated parties under 49 U.S.C. Chapter 331, Theft
Prevention.
Theft Rates of Model Year 1993 Passenger Motor Vehicles Stolen in Calendar Year 1993
----------------------------------------------------------------------------------------------------------------
1993 (per 1,000
Thefts Production Vehicles
Manufacturer Make/Model (line) 1993 (mfr's) 1993 Produced) Theft
Rate
----------------------------------------------------------------------------------------------------------------
1. MITSUBISHI............. MONTERO......................... 296 11,221 26.3791
2. CHRYSLER CORP.......... LEBARON COUPE/CONVERTIBLE....... 631 26,789 23.5544
3. FORD MOTOR CO.......... MUSTANG......................... 1,935 110,616 17.4929
4. VOLKSWAGEN............. CABRIOLET....................... 48 2,991 16.0481
5. CHRYSLER CORP.......... IMPERIAL........................ 89 6,235 14.2743
6. NISSAN................. 300ZX........................... 115 8,300 13.8554
7. CHRYSLER CORP.......... PLYMOUTH ACCLAIM................ 604 49,611 12.1747
8. CHRYSLER CORP.......... PLYMOUTH SUNDANCE............... 600 59,749 10.0420
9. MITSUBISHI............. PRECIS.......................... 16 1,612 9.9256
10. NISSAN................. PATHFINDER...................... 394 41,215 9.5596
11. MITSUBISHI............. DIAMANTE........................ 235 24,846 9.4583
12. GENERAL MOTORS......... OLDSMOBILE CUTLASS CIERA........ 1,272 135,272 9.4033
13. GENERAL MOTORS......... OLDSMOBILE SILHOUETTE APV....... 98 10,465 9.3645
14. CHRYSLER CORP.......... DODGE SPIRIT.................... 714 76,503 9.3330
15. NISSAN NX.............. COUPE........................... 17 1,910 8.9005
16. MITSUBISHI............. GALANT/SIGMA.................... 98 11,282 8.6864
17. TOYOTA................. 4-RUNNER........................ 367 42,257 8.6850
18. HONDA.................. PRELUDE......................... 187 22,123 8.4527
19. CHRYSLER CORP.......... DODGE SHADOW.................... 843 102,186 8.2497
20. NISSAN................. INFINITI Q45.................... 37 4,517 8.1913
21. GENERAL MOTORS......... GMC JIMMY S-15.................. 353 43,412 8.1314
22. NISSAN................. MAXIMA.......................... 543 67,075 8.0954
23. HYUNDAI................ SONATA.......................... 125 15,452 8.0896
24. HONDA/ACURA............ LEGEND.......................... 300 37,488 8.0026
25. CHRYSLER CORP.......... JEEP WRANGLER................... 459 59,412 7.7257
26. FORD MOTOR CO.......... E150 VAN........................ 60 7,908 7.5873
27. HONDA.................. ACCORD.......................... 2,290 304,032 7.5321
28. CHRYSLER CORP.......... LEBARON SEDAN................... 243 32,480 7.4815
29. GENERAL MOTORS......... GEO TRACKER..................... 258 35,158 7.3383
30. CHRYSLER CORP.......... DODGE DYNASTY................... 421 58,401 7.2088
31. GENERAL MOTORS......... PONTIAC TRANS SPORT APV......... 184 26,442 6.9586
32. HYUNDAI................ EXCEL........................... 294 42,632 6.8962
33. MITSUBISHI............. 3000GT.......................... 83 12,266 6.7667
34. CHRYSLER CORP.......... JEEP CHEROKEE................... 2,312 345,277 6.6961
35. MAZDA.................. RX-7............................ 67 10,035 6.6766
36. GENERAL MOTORS......... CHEVROLET LUMINA APV............ 260 40,613 6.4019
37. HONDA/ACURA............ VIGOR........................... 68 10,695 6.3581
38. NISSAN................. SENTRA.......................... 830 130,991 6.3363
39. GENERAL MOTORS......... BUICK CENTURY................... 764 120,599 6.3350
40. GENERAL MOTORS......... OLDSMOBILE BRAVADA.............. 61 9,671 6.3075
41. CHRYSLER CORP.......... NEW YORKER SALON................ 131 20,852 6.2824
42. PORSCHE................ 911............................. 10 1,600 6.2500
43. PORSCHE................ 928............................. 1 163 6.1350
44. FORD MOTOR CO.......... LINCOLN TOWN CAR................ 684 113,596 6.0213
45. MITSUBISHI............. MIRAGE.......................... 190 32,168 5.9065
46. ISUZU.................. STYLUS.......................... 9 1,544 5.8290
47. HYUNDAI................ ELANTRA......................... 205 36,169 5.6678
48. FORD MOTOR CO.......... THUNDERBIRD..................... 733 129,854 5.6448
49. TOYOTA................. MR2............................. 29 5,245 5.5291
50. GENERAL MOTORS......... CHEVROLET BLAZER S-10........... 731 132,616 5.5122
51. CHRYSLER CORP.......... DODGE B150 RAMCHARGER/VAN....... 29 5,376 5.3943
52. HONDA/ACURA............ INTEGRA......................... 197 36,832 5.3486
53. GENERAL MOTORS......... PONTIAC SUNBIRD................. 471 88,087 5.3470
[[Page 1230]]
54. ISUZU.................. AMIGO........................... 41 7,684 5.3358
55. BMW.................... 5............................... 74 13,975 5.2952
56. GENERAL MOTORS......... CHEVROLET BERETTA............... 194 36,925 5.2539
57. MITSUBISHI............. EXPO............................ 58 11,158 5.1981
58. BMW.................... 3............................... 209 40,552 5.1539
59. SUZUKI................. SWIFT........................... 55 10,689 5.1455
60. GENERAL MOTORS......... CHEVROLET SPORTVAN G-10......... 11 2,173 5.0621
61. GENERAL MOTORS......... CADILLAC DEVILLE/SIXTY SPECIAL.. 634 125,391 5.0562
62. VOLKSWAGEN............. CORRADO......................... 14 2,786 5.0251
63. NISSAN................. 240SX........................... 107 21,471 4.9835
64. GENERAL MOTORS......... CHEVROLET CORVETTE.............. 103 20,764 4.9605
65. MERCEDES-BENZ.......... 140 (S-CLASS)................... 80 16,218 4.9328
66. HYUNDAI................ SCOUPE.......................... 56 11,377 4.9222
67. GENERAL MOTORS......... CHEVROLET CORSICA............... 628 127,933 4.9088
68. NISSAN................. ALTIMA.......................... 480 99,404 4.8288
69. NISSAN................. PICKUP TRUCK.................... 541 112,552 4.8067
70. GENERAL MOTORS......... GMC RALLY SPORTVAN.............. 5 1,073 4.6598
71. MERCEDES-BENZ.......... 129 (SL-CLASS).................. 15 3,231 4.6425
72. GENERAL MOTORS......... PONTIAC GRAND PRIX.............. 491 107,000 4.5888
73. MITSUBISHI............. ECLIPSE......................... 247 54,670 4.5180
74. CHRYSLER CORP.......... DODGE STEALTH................... 64 14,516 4.4089
75. PORSCHE................ 968............................. 4 911 4.3908
76. GENERAL MOTORS......... PONTIAC LEMANS.................. 33 7,550 4.3709
77. MITSUBISHI............. PICKUP TRUCK.................... 39 8,925 4.3697
78. FORD MOTOR CO.......... LINCOLN MARK VIII............... 135 30,964 4.3599
79. TOYOTA................. CELICA.......................... 121 27,794 4.3535
80. NISSAN................. INFINITI J30.................... 81 18,785 4.3120
81. TOYOTA................. SUPRA........................... 12 2,850 4.2105
82. FORD MOTOR CO.......... MERCURY TOPAZ................... 314 76,115 4.1253
83. FORD MOTOR CO.......... TEMPO........................... 853 208,382 4.0934
84. GENERAL MOTORS......... CHEVROLET CAVALIER.............. 962 235,319 4.0881
85. SUBARU................. LOYALE.......................... 48 11,914 4.0289
86. BMW.................... 8............................... 3 753 3.9841
87. FORD MOTOR CO.......... MERCURY COUGAR.................. 316 79,780 3.9609
88. MAZDA.................. 929............................. 61 15,651 3.8975
89. GENERAL MOTORS......... CHEVROLET ASTRO................. 431 113,010 3.8138
90. GENERAL MOTORS......... PONTIAC GRAND AM................ 844 224,101 3.7662
91. TOYOTA................. COROLLA/COROLLA SPORT........... 794 211,301 3.7577
92. GENERAL MOTORS......... GEO STORM....................... 169 45,000 3.7556
93. VOLKSWAGEN............. FOX............................. 60 16,181 3.7081
94. FORD MOTOR CO.......... FESTIVA......................... 152 41,199 3.6894
95. GENERAL MOTORS......... BUICK SKYLARK................... 207 56,362 3.6727
96. FORD MOTOR CO.......... PROBE........................... 438 119,920 3.6524
97. GENERAL MOTORS......... SATURN SC....................... 184 51,011 3.6071
98. MAZDA.................. B SERIES PICKUP................. 133 37,181 3.5771
99. TOYOTA................. PASEO........................... 96 26,896 3.5693
100. TOYOTA................. LEXUS SC........................ 60 16,891 3.5522
101. TOYOTA................. LEXUS LS........................ 100 28,366 3.5253
102. SUZUKI................. SAMURAI......................... 4 1,139 3.5119
103. BMW.................... 7............................... 32 9,304 3.4394
104. SUZUKI................. SIDEKICK........................ 64 18,621 3.4370
105. VOLKSWAGEN............. PASSAT.......................... 44 12,851 3.4239
106. CHRYSLER CORP.......... DODGE DAYTONA................... 31 9,059 3.4220
107. TOYOTA................. CAMRY........................... 1,027 302,089 3.3997
108. CHRYSLER CORP.......... NEW YORKER 5TH AVE.............. 92 27,345 3.3644
109. GENERAL MOTORS......... GMC SAFARI...................... 134 40,883 3.2776
110. GENERAL MOTORS......... CHEVROLET S-10 PICKUP........... 567 173,509 3.2678
111. HONDA/ACURA............ NSX............................. 2 626 3.1949
112. GENERAL MOTORS......... OLDSMOBILE ACHIEVA.............. 135 42,384 3.1852
113. FORD MOTOR CO.......... LINCOLN CONTINENTAL............. 82 25,762 3.1830
114. CHRYSLER CORP.......... DODGE CARAVAN/GRAND............. 856 272,265 3.1440
115. TOYOTA................. LEXUS GS........................ 58 18,545 3.1275
116. CHRYSLER CORP.......... PLYMOUTH VOYAGER/GRAND.......... 651 210,815 3.0880
117. GENERAL MOTORS......... CADILLAC ALLANTE................ 14 4,558 3.0715
118. MAZDA.................. 323/PROTEGE..................... 258 84,282 3.0612
119. TOYOTA................. TERCEL.......................... 311 101,974 3.0498
120. MAZDA.................. NAVAJO.......................... 17 5,579 3.0471
121. HONDA.................. CIVIC........................... 843 280,107 3.0096
122. ISUZU.................. RODEO........................... 123 40,886 3.0084
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123. TOYOTA................. PICKUP TRUCK.................... 611 207,824 2.9400
124. FORD MOTOR CO.......... ESCORT.......................... 1,141 399,860 2.8535
125. FORD MOTOR CO.......... CROWN VICTORIA.................. 205 72,065 2.8447
126. CHRYSLER CORP.......... EAGLE TALON..................... 74 26,105 2.8347
127. GENERAL MOTORS......... CHEVROLET CAPRICE............... 163 57,723 2.8238
128. CHRYSLER CORP.......... PLYMOUTH LASER.................. 48 17,178 2.7943
129. FORD MOTOR CO.......... MERCURY TRACER.................. 208 74,835 2.7794
130. GENERAL MOTORS......... PONTIAC FIREBIRD................ 34 12,327 2.7582
131. GENERAL MOTORS......... CHEVROLET CAMARO................ 93 34,137 2.7243
132. FORD MOTOR CO.......... MERCURY CAPRI................... 25 9,231 2.7083
133. GENERAL MOTORS......... CHEVROLET C-1500 PICKUP......... 636 242,756 2.6199
134. GENERAL MOTORS......... GEO METRO....................... 209 80,462 2.5975
135. ALFA ROMEO............. 164............................. 1 385 2.5974
136. FORD MOTOR CO.......... TAURUS.......................... 1,056 423,698 2.4923
137. FORD MOTOR CO.......... MERCURY SABLE................... 317 127,406 2.4881
138. CHRYSLER CORP.......... TOWN & COUNTRY MPV.............. 64 26,057 2.4562
139. VOLVO.................. 850............................. 67 27,482 2.4380
140. GENERAL MOTORS......... BUICK REGAL..................... 205 84,571 2.4240
141. FORD MOTOR CO.......... MERCURY GRAND MARQUIS........... 201 83,239 2.4147
142. GENERAL MOTORS......... CHEVROLET LUMINA................ 526 222,442 2.3647
143. CHRYSLER CORP.......... INTREPID........................ 165 70,170 2.3514
144. MAZDA.................. 626/MX-6........................ 301 128,044 2.3508
145. TOYOTA................. LEXUS ES........................ 95 41,060 2.3137
146. GENERAL MOTORS......... GMC SONOMA...................... 95 41,459 2.2914
147. CHRYSLER CORP.......... EAGLE SUMMIT.................... 46 20,246 2.2721
148. NISSAN................. INFINITI G20.................... 39 17,427 2.2379
149. GENERAL MOTORS......... GEO PRIZM....................... 168 75,502 2.2251
150. GENERAL MOTORS......... OLDSMOBILE CUTLASS SUPREME...... 168 75,885 2.2139
151. FORD MOTOR CO.......... EXPLORER........................ 671 306,845 2.1868
152. MERCEDES-BENZ.......... 201............................. 35 16,545 2.1154
153. MAZDA.................. MX-5 MIATA...................... 46 21,758 2.1142
154. MAZDA.................. MX-3............................ 67 31,972 2.0956
155. GENERAL MOTORS......... GMC SIERRA C-1500............... 175 83,764 2.0892
156. SUBARU................. LEGACY.......................... 138 66,117 2.0872
157. ISUZU.................. PICKUP.......................... 48 23,476 2.0446
158. GENERAL MOTORS......... CADILLAC ELDORADO............... 41 20,540 1.9961
159. FORD MOTOR CO.......... F150 PICKUP TRUCK............... 268 136,373 1.9652
160. VOLVO.................. 960............................. 13 6,826 1.9045
161. VOLVO.................. 940............................. 43 22,767 1.8887
162. JAGUAR................. XJS............................. 3 1,625 1.8462
163. TOYOTA................. PREVIA.......................... 67 36,970 1.8123
164. CHRYSLER CORP.......... EAGLE VISION.................... 51 28,642 1.7806
165. FORD MOTOR CO.......... RANGER PICKUP................... 593 333,277 1.7793
166. GENERAL MOTORS......... CADILLAC SEVILLE................ 58 32,968 1.7593
167. CHRYSLER CORP.......... CONCORDE........................ 84 49,483 1.6976
168. CHRYSLER CORP.......... DODGE DAKOTA PICKUP............. 211 127,043 1.6609
169. GENERAL MOTORS......... PONTIAC BONNEVILLE.............. 163 99,076 1.6452
170. ISUZU.................. TROOPER......................... 29 17,982 1.6127
171. MAZDA.................. MPV WAGON....................... 48 30,069 1.5963
172. GENERAL MOTORS......... BUICK RIVIERA................... 7 4,437 1.5776
173. NISSAN................. QUEST........................... 39 25,190 1.5482
174. MERCEDES-BENZ.......... 124 (E-CLASS)................... 35 22,839 1.5325
175. AUDI................... 90.............................. 13 8,501 1.5292
176. FORD MOTOR CO.......... AEROSTAR........................ 377 248,494 1.5171
177. SAAB................... 900............................. 15 9,943 1.5086
178. JAGUAR................. XJ6............................. 12 8,003 1.4994
179. CHRYSLER CORP.......... DODGE COLT/COLT VISTA........... 55 38,339 1.4346
180. GENERAL MOTORS......... OLDSMOBILE CUTLASS CRUISER...... 9 6,330 1.4218
181. VOLVO.................. 240............................. 20 14,985 1.3347
182. AUDI................... S4.............................. 1 756 1.3228
183. GENERAL MOTORS......... OLDSMOBILE 88 ROYALE............ 73 58,942 1.2385
184. GENERAL MOTORS......... CADILLAC FLEETWOOD.............. 32 26,899 1.1896
185. SAAB................... 9000............................ 10 9,745 1.0262
186. SUBARU................. IMPREZA......................... 40 40,584 0.9856
187. CHRYSLER CORP.......... PLYMOUTH COLT/COLT VISTA........ 37 38,339 0.9651
188. GENERAL MOTORS......... BUICK PARK AVENUE............... 42 51,244 0.8196
189. GENERAL MOTORS......... BUICK LESABRE................... 117 143,724 0.8141
190. GENERAL MOTORS......... BUICK ROADMASTER................ 28 36,289 0.7716
191. VOLKSWAGEN............. JETTA........................... 5 6,494 0.7699
[[Page 1232]]
192. AUDI................... 100............................. 5 6,764 0.7392
193. GENERAL MOTORS......... SATURN SL....................... 122 165,754 0.7360
194. GENERAL MOTORS......... OLDSMOBILE 98/TOURING........... 13 18,857 0.6894
195. VOLKSWAGEN............. GOLF/GTI........................ 2 2,946 0.6789
196. FORD MOTOR CO.......... MERCURY VILLAGER (MPV).......... 52 94,655 0.5494
197. SUBARU................. JUSTY........................... 2 4,071 0.4913
198. CHRYSLER CORP.......... DODGE RAM PICKUP D150........... 6 13,349 0.4495
199. GENERAL MOTORS......... SATURN SW....................... 4 13,821 0.2894
200. ALFA ROMEO............. SPIDER.......................... 0 509 0.0000
201. CHRYSLER CORP.......... DODGE VIPER..................... 0 910 0.0000
202. FERRARI................ 348............................. 0 70 0.0000
203. FERRARI................ 512............................. 0 91 0.0000
204. FERRARI................ MONDIAL......................... 0 24 0.0000
205. JAGUAR................. XJRS............................ 0 99 0.0000
206. KIA MOTORS............. SEPHIA.......................... 0 200 0.0000
207. LAMBORGHINI............ DIABLO.......................... 0 13 0.0000
208. LOTUS.................. ESPIRIT......................... 0 113 0.0000
209. PEUGEOT................ 405............................. 0 14 0.0000
210. ROLLS-ROYCE............ CORNICHE/CONTINENTAL............ 0 145 0.0000
211. ROLLS-ROYCE............ SIL SPIRIT/SPUR/MULS/EIGHT...... 0 99 0.0000
212. ROLLS-ROYCE............ TURBO R......................... 0 36 0.0000
213. SUBARU................. SVX............................. 0 302 0.0000
----------------------------------------------------------------------------------------------------------------
Issued on: January 11, 1996.
Barry Felrice,
Associate Administrator for Safety Performance Standards.
[FR Doc. 96-434 Filed 1-17-96; 8:45 am]
BILLING CODE 4910-59-P
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