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. Mr. Don Pauley <br /> June 24, 1990 <br /> Page 2 <br /> 2) Whether the legislature indicates that the <br /> subject is a matter solely of state concern; and <br /> 3) Whether the subject matter is of such a nature <br /> that local regulation would have unreasonable adverse <br /> effects. <br /> Concerning factor one and two, Minnesota law on underground <br /> tanks has not been completely promulgated. The laws are currently <br /> due in draft form in June with a final draft anticipated in <br /> December of 1990 with full compliance not mandatory until 1991. <br /> Further, underground tank storage is not just of state concern, but <br /> also federal. <br /> The underground storage tank federal statute section 6991g <br /> entitled State Authority states: <br /> Nothing in this subchapter shall preclude or deny <br /> any right of any State or political subdivision thereof <br /> to adopt or enforce any regulation, requirement, or <br /> standard of performance respecting underground storage <br /> tanks that is more stringent than a regulation, <br /> requirement, or standard of performance in effect under <br /> this subchapter or to impose any additional liability <br /> with respect to the release of regulated substances <br /> within such State or political subdivision. <br /> Clearly, a state or a municipality may be more stringent and <br /> restrictive than the federal statute on underground storage tanks. <br /> My associate has had various telephone conversations with the <br /> Minnesota Pollution Control Agency, the Environmental Division of <br /> the Attorney General's Office and Region 5 headquarters of the <br /> Environmental Protection Agency. She spoke directly with Kristi <br /> Peterson of the Minnesota PCA Underground Tank Program. Ms. <br /> Peterson indicated that the PCA would not hold a municipal <br /> ordinance in conflict unless it was directly challenged. Attorney <br /> Barbara Freece of the Minnesota Attorney General 's Office indicated <br /> the Minnesota Underground Tank Program statutes were not drafted <br /> to be pre-emptive. Attorney Tom Kenney, Assistant Regional Counsel <br /> for the EPA, located in Chicago, stated he could not find a problem <br /> with a municipality being more strict in the cleaning and testing <br /> of underground storage tanks than the federal statute. <br /> Finally, from the information I have received, if you are <br /> . concerned about a particular request for a specific tank, a <br /> variance is all that is required to compel compliance. However, <br />