Georgia: Proposed Approval and Incorporation by Reference of State Underground Storage Tank Program Revisions, 48573-48578 [2019-19936]
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Federal Register / Vol. 84, No. 179 / Monday, September 16, 2019 / Proposed Rules
Class E airspace designations are
published in paragraph 6005 of FAA
Order 7400.11D, dated August 8, 2019,
and effective September 15, 2019, which
is incorporated by reference in 14 CFR
71.1. The Class E airspace designation
listed in this document will be
published subsequently in the Order.
Regulatory Notices and Analyses
The FAA has determined that this
regulation only involves an established
body of technical regulations for which
frequent and routine amendments are
necessary to keep them operationally
current, is non-controversial and
unlikely to result in adverse or negative
comments. It, therefore: (1) Is not a
‘‘significant regulatory action’’ under
Executive Order 12866; (2) is not a
‘‘significant rule’’ under DOT
Regulatory Policies and Procedures (44
FR 11034; February 26, 1979); and (3)
does not warrant preparation of a
regulatory evaluation as the anticipated
impact is so minimal. Since this is a
routine matter that will only affect air
traffic procedures and air navigation, it
is certified that this rule, when
promulgated, would not have a
significant economic impact on a
substantial number of small entities
under the criteria of the Regulatory
Flexibility Act.
Environmental Review
The Proposed Amendment
Accordingly, pursuant to the
authority delegated to me, the Federal
Aviation Administration proposes to
amend 14 CFR part 71 as follows:
PART 71—DESIGNATION OF CLASS A,
B, C, D, AND E AIRSPACE AREAS; AIR
TRAFFIC SERVICE ROUTES; AND
REPORTING POINTS
1. The authority citation for 14 CFR
part 71 continues to read as follows:
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■
Authority: 49 U.S.C. 106(f), 106(g); 40103,
40113, 40120; E.O. 10854, 24 FR 9565, 3 CFR,
1959–1963 Comp., p. 389.
[Amended]
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AGL WI E5 Tomahawk, WI [Amended]
Tomahawk Regional Airport, WI
(Lat. 45°28′10″ N, long. 89°48′18″ W)
That airspace extending upward from 700
feet above the surface within a 6.4-mile
radius of Tomahawk Regional Airport, and
within 2 miles each side of the 090° bearing
from the airport extending from the 6.4-mile
radius to 9.4 miles east the airport, and
within 2 miles each side of the 270° bearing
extending from the 6.4-mile radius to 9 miles
west of the airport.
Issued in Fort Worth, Texas, on September
9, 2019.
Steve Szukala,
Acting Manager, Operations Support Group,
ATO Central Service Center.
[FR Doc. 2019–19884 Filed 9–13–19; 8:45 am]
BILLING CODE 4910–13–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Parts 281 and 282
[EPA–R04–UST–2019–0310; FRL–9998–86–
Region 4]
Environmental Protection
Agency (EPA).
ACTION: Proposed rule.
Airspace, Incorporation by reference,
Navigation (air).
2. The incorporation by reference in
14 CFR 71.1 of FAA Order 7400.11D,
Airspace Designations and Reporting
Points, dated August 8, 2019, and
*
AGENCY:
List of Subjects in 14 CFR Part 71
■
Paragraph 6005 Class E Airspace Areas
Extending Upward From 700 Feet or More
Above the Surface of the Earth.
Georgia: Proposed Approval and
Incorporation by Reference of State
Underground Storage Tank Program
Revisions
This proposal will be subject to an
environmental analysis in accordance
with FAA Order 1050.1F,
‘‘Environmental Impacts: Policies and
Procedures’’ prior to any FAA final
regulatory action.
§ 71.1
effective September 15, 2019, is
amended as follows:
Pursuant to the Resource
Conservation and Recovery Act (RCRA
or Act), the Environmental Protection
Agency (EPA) is proposing, subject to
public comment, to approve revisions to
the underground storage tank (UST)
program submitted by the State of
Georgia (Georgia or State). The EPA has
reviewed Georgia’s revisions and is
proposing to determine that these
revisions satisfy all requirements
needed for program approval. In
addition, the EPA is proposing to codify
EPA’s approval of Georgia’s revised UST
program and to incorporate by reference
those provisions of the State statutes
and regulations the EPA has
determined, subject to public comment,
meet the requirements for approval. The
EPA seeks public comment prior to
taking final action.
DATES: Comments must be received by
October 16, 2019.
ADDRESSES: Submit your comments,
identified by docket number EPA–R04–
SUMMARY:
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48573
UST–2019–0310, at https://
www.regulations.gov. Follow the online
instructions for submitting comments.
Once submitted, comments cannot be
edited or removed from https://
www.regulations.gov. The EPA may
publish any comment received to its
public docket. Do not submit
electronically any information you
consider to be Confidential Business
Information (CBI) or other information
whose disclosure is restricted by statute.
Multimedia submissions (audio, video,
etc.) must be accompanied by a written
comment. The written comment is
considered the official comment and
should include discussion of all points
you wish to make. The EPA will
generally not consider comments or
comment contents located outside of the
primary submission (i.e., on the web,
cloud, or other file sharing system). For
additional submission methods, the full
EPA public comment policy,
information about CBI or multimedia
submissions, and general guidance on
making effective comments, please visit:
https://www.epa.gov/dockets/
commenting-epa-dockets.
All documents in the docket are listed
on the https://www.regulations.gov
website. Publicly available docket
materials are also available in hard copy
at the Underground Storage Tanks and
Data Management Section in the Land,
Chemicals and Redevelopment Division,
U.S. Environmental Protection Agency,
Region 4, Atlanta Federal Center, 61
Forsyth Street SW, Atlanta, Georgia
30303–8960. EPA requests that you
contact the person listed in the FOR
FURTHER INFORMATION CONTACT section to
schedule your inspection. The Regional
Office’s official hours of business are
Monday through Friday 8:30 a.m. to
4:30 p.m., excluding Federal holidays.
FOR FURTHER INFORMATION CONTACT:
Aaryn Jones, RCRA Programs and
Cleanup Branch, Land, Chemicals and
Redevelopment Division, U.S.
Environmental Protection Agency,
Region 4, Atlanta Federal Center, 61
Forsyth Street SW, Atlanta, Georgia
30303–8960; Phone number: (404) 562–
8969; email address: jones.aaryn@
epa.gov.
SUPPLEMENTARY INFORMATION:
I. Proposed Approval of Revisions to
Georgia’s Underground Storage Tank
(UST) Program
A. Why are revisions to state UST
programs necessary?
States that have received final
approval from the EPA under RCRA
section 9004(b) of RCRA, 42 U.S.C.
6991c(b), must maintain a UST program
that is no less stringent than the federal
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program. When the EPA makes
revisions to the regulations that govern
the UST program, states must revise
their programs to comply with the
updated regulations and submit these
revisions to the EPA for approval. Most
commonly, states must change their
programs because of changes to the
EPA’s regulations in 40 Code of Federal
Regulations (CFR) part 280. States can
also initiate changes on their own to
their UST programs and these changes
must then be approved by the EPA.
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B. What decision is the EPA proposing
to make in this rule?
On August 8, 2018, in accordance
with 40 CFR 281.51(a), Georgia
submitted a complete program revision
application (State Application) seeking
approval of changes to its UST program.
The program revisions requested in the
State Application correspond to the EPA
final rule published on July 15, 2015 (80
FR 41566), which revised the 1988 UST
regulations and the 1988 state program
approval (SPA) regulations (2015
Federal Revisions). As required by 40
CFR 281.20, the State Application
contains the following: A transmittal
letter from the Governor requesting
approval; a description of the program
and operating procedures; a
demonstration of the State’s procedures
to ensure adequate enforcement; a
Memorandum of Agreement outlining
the roles and responsibilities of the EPA
and the implementing agency; a
statement of certification from the
Attorney General; and copies of all
relevant State statutes and regulations.
The EPA has reviewed the State
Application and is proposing to
determine that the revisions to Georgia’s
UST program are no less stringent than
the corresponding federal requirements
in subpart C of 40 CFR part 281, and
that the Georgia program continues to
provide adequate enforcement of
compliance. Therefore, the EPA is
proposing to grant Georgia final
approval to operate its UST program
with the revisions described in the State
Application, and as outlined below in
Section I.F. The Environmental
Protection Division (EPD) of the Georgia
Department of Natural Resources (DNR)
is the lead implementing agency for the
UST program in Georgia.
C. What is the effect of this proposed
approval on the regulated community?
Section 9004(b) of RCRA, 42 U.S.C.
6991c(b), as amended, allows the EPA to
approve state UST programs to operate
in lieu of the federal program. If Georgia
is approved for the changes described in
the State Application, these changes
will become part of the approved State
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UST program, and therefore will be
federally enforceable. Georgia will
continue to have primary enforcement
authority and responsibility for its State
UST program. This action does not
impose additional requirements on the
regulated community because the
regulations being proposed for approval
by this rule are already in effect in the
State of Georgia, and are not changed by
this proposed action. This action merely
proposes to approve the existing State
regulations as meeting the revised
federal requirements and rendering
them federally enforceable.
D. What happens if the EPA receives
comments that oppose this action?
The EPA will evaluate any comments
received on this proposed action and
will make a final decision on approval
or disapproval of the UST program
revisions contained in the State
Application. The EPA’s decision will be
published in the Federal Register. You
may not have another opportunity to
comment. If you want to comment on
this proposed action, you must do so at
this time.
E. For what has Georgia previously been
approved?
Effective July 9, 1991, the EPA
granted final approval for Georgia to
administer the State UST program in
lieu of the federal UST program (56 FR
21603, May 10, 1991). Effective March
4, 1996, the EPA codified the provisions
of the approved Georgia program that
are part of the UST program under
subtitle I of RCRA, and therefore are
subject to the EPA’s corrective action,
inspection, and enforcement authorities
under RCRA sections 9003(h), 9005 and
9006, 42 U.S.C. 6991b(h), 6991d and
6991e, and other applicable statutory
and regulatory provisions (61 FR 4224,
February 5, 1996).
F. What changes is the EPA proposing
to approve with this action and what
standards do we use for review?
In order to be approved, each state
program revision application must meet
the general requirements in 40 CFR
281.11 (General Requirements), and the
specific requirements in 40 CFR part
281, subpart B (Components of a
Program Application), subpart C
(Criteria for No Less Stringent), and
subpart D (Adequate Enforcement of
Compliance).
As more fully described below, the
State has made changes to its approved
UST program to reflect the 2015 Federal
Revisions. These changes are included
in the Georgia UST Rules at Ga. Comp.
R. & Regs. 391–3–15, as amended,
effective November 6, 2017. The EPA is
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proposing to approve the State’s
changes because they are no less
stringent than the federal UST program,
and because the revised Georgia UST
program will continue to provide for
adequate enforcement of compliance as
required by 40 CFR 281.11(b) and part
281, subparts C and D, after this
approval.
The Georgia EPD continues to be the
lead implementing agency for the UST
program in Georgia. The EPD continues
to have broad statutory and regulatory
authority to regulate the installation,
operation, maintenance, and closure of
USTs, as well as UST releases, under
the Georgia Underground Storage Tank
Act (GUSTA), Official Code of Georgia
Annotated (O.C.G.A.) section 12–13–1
(2017), and the Ga. Comp. R. & Regs.
391–3–15 (2017).
As part of the State Application, the
Georgia Attorney General has identified
the following specific authorities for
compliance monitoring, required
pursuant to 40 CFR 281.40: GUSTA,
O.C.G.A. sections 12–13–6(a)(3), 12–13–
8(a), and 12–13–14(b); and Ga. Comp. R.
& Regs. r. 391–3–15–.01(2) and 391–3–
15–.08.
As part of the State Application, the
Georgia Attorney General has identified
the following specific authorities for
enforcement response, required
pursuant to 40 CFR 281.41: GUSTA,
O.C.G.A. sections 12–13–15 and 12–13–
19(b) and (c); and Ga. Comp. R. & Regs.
r. 391–3–15–.14.
As part of the State Application, the
Georgia Attorney General has identified
the following specific authorities
enabling public participation in the
State enforcement process, required
pursuant to 40 CFR 281.42: O.C.G.A.
sections 12–2–2, 50–13–14, 12–13–15,
9–11–24, 12–13–6(a)(8), 12–13–16, and
12–13–21; and Ga. Comp. R. and Regs.
r. 391–1–2–.14(2) and 391–3–15–.09.
Further, through a Memorandum of
Agreement between the State of Georgia
and the EPA, effective October 12, 2018,
the State maintains procedures for
receiving and ensuring proper
consideration of information about
violations submitted by the public and
will not object to public participation in
administrative or civil enforcement
actions. As required pursuant to 40 CFR
281.43, through the Memorandum of
Agreement between the State and the
EPA, the State agrees to furnish the
EPA, upon request, any information in
State files obtained or used in the
administration of the State program.
To qualify for final approval,
revisions to a state’s UST program must
be ‘‘no less stringent’’ than the 2015
Federal Revisions. In the 2015 Federal
Revisions, the EPA addressed UST
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systems deferred in the 1988 UST
regulations, and added, among other
things: New operation and maintenance
requirements; secondary containment
requirements for new and replaced
tanks and piping; operator training
requirements; and a requirement to
ensure UST system compatibility before
storing certain biofuel blends. In
addition, the EPA removed past
deferrals for emergency generator tanks,
field constructed tanks, and airport
hydrant systems. Georgia incorporates
all the required 2015 Federal Revisions
at Ga. Comp. R. & Regs. 391–3–15.
Specifically, Georgia has amended its
Georgia UST Rules to incorporate by
reference (into the Georgia regulations)
the requirements of 40 CFR part 280,
including the requirements added by
the 2015 Federal Revisions.
As part of the State Application, and
as described above, the Georgia
Attorney General has certified that the
State regulations provide for adequate
enforcement of compliance and meet
the ‘‘no less stringent’’ criteria in 40
CFR part 281, subparts C and D. The
EPA is relying on this certification, in
addition to the analysis submitted by
the State, in proposing to approve the
State’s changes.
to maintain proof that all petroleum
stored in such tank was subjected to the
environmental fee imposed in O.C.G.A.
section 12–13–10.
G. Where are the revised State rules
different from the federal rules?
More Stringent Provisions
When an approved state program
includes requirements that are
considered more stringent than those
required by federal law, the more
stringent requirements become part of
the federally approved program in
accordance with 40 CFR 281.12(a)(3)(i).
The following State regulatory
requirements are considered more
stringent than the federal program, and
on approval, they will become part of
the federally-approved State UST
program and therefore federally
enforceable:
• With respect to the definition of
‘‘replaced’’ found at 40 CFR 280.12,
under Ga. Comp. R. & Regs. r. 391–3–
15–.03(1)(n), Georgia defines ‘‘replace’’
when referring to piping to mean the
removal and replacement of 25% or
more of the existing piping.
• With respect to recordkeeping
requirements found at 40 CFR 280.34
and 40 CFR 280.45, under Ga. Comp. R.
& Regs. r. 391–3–15–.06(2) and 391–3–
15–.07(2), Georgia requires records to be
maintained for a minimum period of 36
months.
• With respect to release response
and corrective action requirements
found at 40 CFR part 280, subpart F, the
GUST Rule is more stringent as follows:
(1) Under Ga. Comp. R. & Regs. r.
391–3–15–.09(2), Georgia requires that a
Corrective Action Plan—Part A be
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Broader in Scope Provisions
Where a state program has provisions
that are broader in scope than required
by federal law, these provisions are not
part of the federally-approved program
and are not federally enforceable, in
accordance with 40 CFR 281.12(a)(3)(ii).
The following State statutory and
regulatory requirements are considered
broader in scope than the federal and
are therefore not part of federally
approved State UST program:
Statutory Broader in Scope Provisions
• O.C.G.A. section 12–13–9(f)–(i)
establishes the Georgia Underground
Storage Tank (GUST) Fund to take
emergency action, take preventive or
corrective action, and provide
compensation for third-party liabilities.
• O.C.G.A. section 12–13–10 requires
that an environmental assurance fee be
paid by any potential claimant to the
GUST Fund.
• O.C.G.A section 12–13–11(b)
through (e) pertain to the use of the
GUST Fund to perform corrective
action.
• O.C.G.A. section 12–13–13(e)
requires owners and operators of a UST
in use or capable of being used to
provide an annual UST notification.
• O.C.G.A. section 12–13–18(a)
requires owners and operators of USTs
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Regulatory Broader in Scope Provisions
• Ga. Comp. R. & Regs. r. 391–3–15–
.05(4) requires an annual registration of
USTs and an annual UST Registration
Certificate.
• Ga. Comp. R. & Regs. r. 391–3–15–
.09(5) requires that owners or operators
may transport or provide for
transportation of petroleumcontaminated soils only to permitted
storage, treatment or disposal facilities
and must designate any receiving
facility in the corrective action plan.
• Ga. Comp. R. & Regs. r. 391–3–15–
.09(7) allows owners and operators
conducting corrective action with funds
other than the GUST Fund to remediate
soil and groundwater to a more stringent
objective than those found in Ga. Comp.
R. & Regs. r. 391–3–15–.09(4).
• Ga. Comp. R. & Regs. r. 391–3–15–
.13 describes the requirements for
owner/operator participation in the
GUST Fund, including payment of an
Environmental Assurance Fee (EAF) to
EPD per gallon of petroleum products
imported into Georgia.
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stamped or sealed by a Georgia
registered Professional Engineer or
Professional Geologist, and submitted in
lieu of the initial abatement report, the
initial site characterization report, and
the free product removal report, as
referenced by 40 CFR 280.62(b),
280.63(b), and 280.64(d), respectively,
and must be submitted within 60 days
after the release confirmation.
(2) Under Ga. Comp. R. & Regs. r.
391–3–15–.09(3), Georgia requires that a
Corrective Action Plan—Part B be
submitted when certain surface water,
groundwater, or soil contamination
levels are exceeded, or when the State
otherwise determines on a site-specific
basis that a Corrective Action Plan—Part
B is necessary.
(3) Under Ga. Comp. R. & Regs. r.
391–3–15–.09(4), Georgia requires that if
a Corrective Action Plan—Part B is
necessary, the full extent of
groundwater and surface water
contamination must be delineated, and
certain corrective action objectives must
be proposed and implemented upon
approval by the State.
(4) Under Ga. Comp. R. & Regs. r.
391–3–15–.09(6), Georgia requires that
the owner or operator certify completion
of corrective action in the completion
report.
(5) Under Ga. Comp. R. & Reg. r. 391–
3–15–.09(8), Georgia requires that
determinations of petroleum
concentrations in soil or groundwater be
performed in conformity with specified
methods.
(6) Under Ga. Comp. R. & Regs. r.
391–15–.10, Georgia specifies cleanup
levels for releases from hazardous
substance USTs.
• With respect to closure
requirements found at 40 CFR 280.72,
under Ga. Comp. R. & Regs. r. 391–15–
.11(3), Georgia requires that owners
submit an EPD UST closure report
within 45 days of permanently closing
a UST.
• With respect to operator training
requirements found at 40 CFR 280.244,
under Ga. Comp. R. & Regs. r. 391–3–
15–.16, Georgia requires owners and
operators to complete operator training
once every seven years.
II. Codification
A. What is codification?
Codification is the process of placing
citations and references to a state’s
statutes and regulations that comprise a
state’s approved UST program into the
Code of Federal Regulations (CFR). The
EPA codifies its approval of state
programs in 40 CFR part 282 and
incorporates by reference state statutes
and regulations that the EPA can
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enforce, after the approval is final,
under sections 9005 and 9006 of RCRA,
and any other applicable statutory
provisions. The incorporation by
reference of EPA-approved state
programs in the CFR should
substantially enhance the public’s
ability to discern the status of the
approved state UST program and state
requirements that can be federally
enforced. This effort provides clear
notice to the public of the scope of the
approved program in each state.
B. What is the history of codification of
Georgia’s UST program?
In 1996, the EPA incorporated by
reference and codified Georgia’s
approved UST program at 40 CFR
282.60 (61 FR 4224, February 5, 1996).
Through this action, the EPA is
proposing to amend 40 CFR 282.60 to
incorporate by reference and codify
Georgia’s revised UST program.
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C. What codification decisions is the
EPA proposing in this rule?
In this rule, the EPA is proposing to
include in a final EPA rule regulatory
text that includes incorporation by
reference of the relevant Georgia UST
program, including the revisions made
to the program based on the 2015
Federal Revisions. In accordance with
the requirements of 1 CFR 51.5, the EPA
is proposing to incorporate by reference
Georgia’s statutes and regulations as
described in the amendments to 40 CFR
part 282 set forth below. These
documents are available through https://
www.regulations.gov and at the EPA
Region 4 office (see the ADDRESSES
section of this preamble for more
information). This proposed
codification reflects the State UST
program that would be in effect at the
time the EPA’s approved revisions to
the Georgia UST program addressed in
this proposed rule become final, subject
to the receipt of public comments.
Specifically, in Section
282.60(d)(1)(i), the EPA is proposing to
incorporate by reference the Georgiaapproved UST program. Section
282.60(d)(1)(ii) identifies the State’s
statutes and regulations that are part of
the approved State program, although
not incorporated by reference for
enforcement purposes. Section
282.60(d)(2) through (d)(5) reference the
Attorney General’s Statement,
Demonstration of Adequate
Enforcement Procedures, the Program
Description, and the Memorandum of
Agreement, which are part of the State
Application and proposed for approval
as part of the UST program under
subtitle I of RCRA.
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D. What is the effect of the EPA’s
codification of the federally approved
Georgia UST program on enforcement?
The EPA retains the authority under
sections 9003(h), 9005, and 9006 of
subtitle I of RCRA, 42 U.S.C. 6991b(h),
6991d, and 6991e, and other applicable
statutory and regulatory provisions, to
undertake corrective action, inspections,
and enforcement actions, and to issue
orders in approved states. If the EPA
determines it will take such actions in
Georgia, the EPA will rely on federal
sanctions, federal inspection authorities,
and other federal procedures rather than
the State analogs. Therefore, the EPA is
not incorporating by reference Georgia’s
procedural and enforcement authorities,
although they are listed in 40 CFR
282.60(d)(1)(ii).
E. What State provisions are not part of
the codification?
As discussed in Section I.G. above,
some provisions of the State’s UST
program are not part of the federally
approved State program because they
are ‘‘broader in scope’’ than the federal
UST program. 40 CFR 281.12(a)(3)(ii)
states that, where an approved state
program has provisions that are broader
in scope than the federal program, those
provisions are not a part of the federally
approved program. 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. In addition,
provisions that are external to the State
UST program approval requirements,
but included in the State Application,
are also being excluded from
incorporation by reference in part 282.
For reference and clarity, 40 CFR
282.60(d)(1)(iii) lists the Georgia
statutory and regulatory provisions
which are ‘‘broader in scope’’ than the
federal program and external to state
UST program approval requirements.
These provisions are, therefore, not part
of the approved program that the EPA
is proposing to codify. Although these
provisions cannot be enforced by the
EPA, the State will continue to
implement and enforce such provisions
under State law.
III. Statutory and Executive Order
(E.O.) Reviews
The EPA’s proposed actions merely
approve and codify Georgia’s revised
UST program requirements pursuant to
RCRA section 9004, and do not impose
additional requirements other than
those imposed by State law. For that
reason, these actions:
• Are not significant regulatory
actions subject to review by the Office
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of Management and Budget under
Executive Orders 12866 (58 FR 51735,
October 4, 1993) and 13563 (76 FR 3821,
January 21, 2011);
• Are not Executive Order 13771 (82
FR 9339, February 2, 2017) regulatory
actions because UST program approvals
are exempted under Executive Order
12866;
• Do not impose an information
collection burden under the provisions
of the Paperwork Reduction Act (44
U.S.C. 3501 et seq.);
• Are certified as not having a
significant economic impact on a
substantial number of small entities
under the Regulatory Flexibility Act (5
U.S.C. 601 et seq.);
• Do not contain any unfunded
mandate or significantly or uniquely
affect small governments, as described
in the Unfunded Mandates Reform Act
of 1995 (Pub. L. 104–4);
• Do not have Federalism
implications as specified in Executive
Order 13132 (64 FR 43255, August 10,
1999);
• Are not economically significant
regulatory actions based on health or
safety risks subject to Executive Order
13045 (62 FR 19885, April 23, 1997);
• Are not significant regulatory
actions subject to Executive Order
13211 (66 FR 28355, May 22, 2001);
• Are not subject to the requirements
of Section 12(d) of the National
Technology Transfer and Advancement
Act of 1995 (15 U.S.C. 272 note) because
application of those requirements would
be inconsistent with RCRA; and
• Do not provide EPA with the
discretionary authority to address, as
appropriate, disproportionate human
health or environmental effects, using
practicable and legally permissible
methods, under Executive Order 12898
(59 FR 7629, February 16, 1994).
• Do not apply on any Indian
reservation land or in any other area
where the EPA or an Indian tribe has
demonstrated that a tribe has
jurisdiction. The rule does not have
tribal implications as specified by
Executive Order 13175 (65 FR 67249,
November 9, 2000), nor will it impose
substantial direct costs on tribal
governments or preempt tribal law.
As required by section 3 of Executive
Order 12988 (61 FR 4729, February 7,
1996), in issuing this rule, the EPA has
taken the necessary steps to eliminate
drafting errors and ambiguity, minimize
potential litigation, and provide a clear
legal standard for affected conduct.
List of Subjects in 40 CFR Parts 281 and
282
Environmental protection,
Administrative practice and procedure,
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Petroleum, Hazardous substances,
Incorporation by reference, State
program approval, Underground storage
tanks, and Reporting and recordkeeping
requirements.
Authority: This action is issued under the
authority of Sections 2002(a), 7004(b), 9004,
9005 and 9006 of the Solid Waste Disposal
Act, as amended, 42 U.S.C. 6912(a), 6974(b),
6991c, 6991d, and 6991e.
Mary S. Walker,
Regional Administrator, Region 4.
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.
■
2. Revise § 282.60 to read as follows:
jspears on DSK3GMQ082PROD with PROPOSALS
§ 282.60 Georgia State-Administered
Program.
(a) History of the approval of
Georgia’s Program. The State of Georgia
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
Georgia Department of Natural
Resources, Environmental Protection
Division, was approved by EPA
pursuant to 42 U.S.C. 6991c and part
281 of this Chapter. EPA approved the
Georgia program on May 10, 1991 and
it was effective on July 9, 1991. A
subsequent program revision was
approved by EPA and became effective
on [Effective date of final rule].
(b) Enforcement authority. Georgia
has primary responsibility for
administering and enforcing its
federally approved underground storage
tank program. However, EPA retains the
authority to exercise its corrective
action, inspection, and enforcement
authorities under sections 9003(h),
9005, and 9006 of subtitle I of RCRA, 42
U.S.C. 6991b(h), 6991d, and 6991e, as
well as under any other applicable
statutory and regulatory provisions.
(c) To retain program approval,
Georgia 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
Georgia obtains approval for revised
requirements pursuant to section 9004
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Jkt 247001
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) Georgia has final approval for the
following elements of its underground
storage tank program originally
submitted to EPA and approved
effective July 9, 1991, and the program
revisions approved by EPA effective on
[Effective date of final rule]:
(1) State statutes and regulations.
(i) Incorporation by reference. The
Georgia materials cited in this
paragraph, and listed in appendix A to
part 282, are incorporated by reference
as part of the underground storage tank
program under subtitle I of RCRA, 42
U.S.C. 6991 et seq. The Director of the
Federal Register approves this
incorporation by reference in
accordance with 5 U.S.C. 552(a) and 1
CFR part 51. You may obtain copies of
the Georgia statutes that are
incorporated by reference in this
paragraph from LexisNexis, Attn:
Official Code of Georgia Annotated, 701
East Water Street, Charlottesville, VA
22902–5389; Phone number: 1–800–
833–9844; website: https://sos.ga.gov/
index.php/elections/georgia_code_-_
lexisnexis. You may obtain copies of the
Georgia regulations that are
incorporated by reference in this
paragraph from the Administrative
Procedures Division, Office of the
Georgia Secretary of State, 5800
Jonesboro Road, Morrow, Georgia
30260; Phone number: (678) 364–3785;
website: https://rules.sos.ga.gov/gac/3913-15. You may inspect all approved
material at the EPA Region 4, 61 Forsyth
Street SW, Atlanta, Georgia 30303;
Phone number: (404) 562–9900; or the
National Archives and Records
Administration (NARA). For
information on the availability of the
material at NARA, call (202) 741–6030
or go to https://www.archives.gov/
federal-register/cfr/ibr-locations.html.
(A) ‘‘Georgia Statutory Requirements
Applicable to the UST Program’’, dated
August 2018.
(B) ‘‘Georgia Regulatory Requirements
Applicable to the UST Program’’, dated
August 2018.
(ii) Legal basis. The EPA evaluated the
following statutes and regulations
which provide the legal basis for the
State’s implementation of the
underground storage tank program, but
they are not being incorporated by
reference and do not replace federal
authorities:
(A) Official Code of Georgia
Annotated (2017), Title 12:
‘‘Conservation and Natural Resources,’’
Chapter 13, ‘‘Georgia Underground
PO 00000
Frm 00009
Fmt 4702
Sfmt 4702
48577
Storage Tank Act’’: Sections 12–13–5;
12–13–6; 12–13–8; 12–13–11(a) and (f);
12–13–14 through 12–13–17; and 12–
13–19 through 12–3–22.
(B) Rules and Regulations of the State
of Georgia (November 6, 2017),
Department 391: ‘‘Rules of the Georgia
Department of Natural Resources,’’
Chapter 3, ‘‘Environmental Protection,’’
Subject 15, ‘‘Underground Storage Tank
Management’’: Sections 391–3–15.01(2)
and 391–3–15–.14.
(iii) Other Provisions not incorporated
by reference. The following specifically
identified sections and rules applicable
to the Georgia underground storage tank
program that are broader in scope than
the federal program or external to the
state UST program approval
requirements are not part of the
approved program, and are not
incorporated by reference herein:
(A) Official Code of Georgia
Annotated (2017), Title 12:
‘‘Conservation and Natural Resources,’’
Chapter 13, ‘‘Georgia Underground
Storage Tank Act’’: Sections 12–13–3(8)
and (16); 12–13–7; 12–13–9(d) through
(i); 12–13–10; 12–13–11(b) through (e);
12–13–12; 12–13–13(e), and 12–13–18.
(B) Rules and Regulations of the State
of Georgia (November 6, 2017),
Department 391: ‘‘Rules of the Georgia
Department of Natural Resources,’’
Chapter 3, ‘‘Environmental Protection,’’
Subject 15, ‘‘Underground Storage Tank
Management’’: Sections 391–3–15–
.01(1); 391–3–15–.03(1)(a), (g), (i), and
(p) through (r); 391–3–15–.04; 391–3–
15–.05(4); 391–3–15–.09(5) and (7);
391–15–3–.12(3); 391–3–15–.13; and
391–3–15–.15.
(2) Statement of legal authority. The
Attorney General’s Statement, signed by
the Attorney General on June 12, 2018,
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 Georgia’s application on August
8, 2018, 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 submitted as part of
Georgia’s application on August 8, 2018,
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.
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Federal Register / Vol. 84, No. 179 / Monday, September 16, 2019 / Proposed Rules
(5) Memorandum of Agreement. The
Memorandum of Agreement between
EPA Region 4 and the Georgia
Environmental Protection Division,
signed by EPA Regional Administrator
on October 12, 2018, 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 proposed
to be amended by revising the entry for
Georgia to read as follows:
Appendix A to Part 282—State
Requirements Incorporated by
Reference in Part 282 of the Code of
Federal Regulations
*
*
*
*
*
jspears on DSK3GMQ082PROD with PROPOSALS
Georgia
(a) The statutory provisions include:
Official Code of Georgia Annotated (2017),
Title 12: ‘‘Conservation and Natural
Resources,’’ Chapter 13, ‘‘Georgia
Underground Storage Tank Act’’:
Section 12–13–1 Short title.
Section 12–13–2 Public policy.
Section 12–13–3 Definitions, except (8)
and (16).
Section 12–13–4 Exceptions to chapter.
Section 12–13–9 Establishing financial
responsibility; claims against the guarantor;
Underground Storage Tank Trust Fund,
except (d) through (i).
Section 12–13–13 Notification by owner of
underground storage tank, except (e).
VerDate Sep<11>2014
16:45 Sep 13, 2019
Jkt 247001
(b) The regulatory provisions include:
Rules and Regulations of the State of Georgia
(November 6, 2017), Department 391: ‘‘Rules
of the Georgia Department of Natural
Resources,’’ Chapter 3, ‘‘Environmental
Protection,’’ Subject 15, ‘‘Underground
Storage Tank Management’’:
Section 391–3–15–.01(3) General
Provisions
Section 391–3–15–.02 UST Exclusions.
Section 391–3–15–.03 Definitions, except
(1)(a), (1)(g), (1)(i), and (1)(p) through and (r).
Section 391–3–15–.05 UST Systems:
Design, Construction, Installation, and
Notification, except (4).
Section 391–3–15–.06 General Operating
Requirements.
Section 391–3–15–.07 Release Detection.
Section 391–3–15–.08 Release Reporting,
Investigation, and Confirmation.
Section 391–3–15–.09 Release Response
and Corrective Action for UST Systems
Containing Petroleum, except (5) and (7).
Section 391–3–15–.10 Release Response
and Corrective Action for UST Systems
Containing Hazardous Substances.
Section 391–3–15–.11 Out-of-Service UST
Systems and Closure.
Section 391–3–15–.12 Underground
Storage Tanks Containing Petroleum;
Financial Responsibility Requirements,
except (3).
Section 391–3–15–.16 Operator Training.
Section 391–3–15–.17 Airport Hydrant
Systems and Field Constructed Tanks.
(c) Copies of the Georgia statutes that are
incorporated by reference are available from
LexisNexis, Attn: Official Code of Georgia
Annotated, 701 East Water Street,
Charlottesville, VA 22902–5389; Phone
PO 00000
Frm 00010
Fmt 4702
Sfmt 9990
number: 1–800–833–9844; website: https://
sos.ga.gov/index.php/elections/georgia_
code_-_lexisnexis. Copies of the Georgia
regulations that are incorporated by reference
are available from the Administrative
Procedures Division, Office of the Georgia
Secretary of State, 5800 Jonesboro Road,
Morrow, Georgia 30260; Phone number: (678)
364–3785; website: https://rules.sos.ga.gov/
gac/391-3-15.
*
*
*
*
*
[FR Doc. 2019–19936 Filed 9–13–19; 8:45 am]
BILLING CODE 6560–50–P
FEDERAL MARITIME COMMISSION
46 CFR Parts 502 and 515
[Docket No. 19–04]
RIN 3072–AC75
Hearing Procedures Governing the
Denial, Revocation, or Suspension of
an OTI License
Correction
In proposed rule document 2019–
18742 beginning on page 45934 in the
issue of Tuesday, September 3, 2019,
make the following correction:
The heading should read as set forth
above.
[FR Doc. C1–2019–18742 Filed 9–13–19; 8:45 am]
BILLING CODE 1301–00–D
E:\FR\FM\16SEP1.SGM
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]]>Agencies
[Federal Register Volume 84, Number 179 (Monday, September 16, 2019)]
[Proposed Rules]
[Pages 48573-48578]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-19936]
=======================================================================
-----------------------------------------------------------------------
ENVIRONMENTAL PROTECTION AGENCY
40 CFR Parts 281 and 282
[EPA-R04-UST-2019-0310; FRL-9998-86-Region 4]
Georgia: Proposed Approval and Incorporation by Reference of
State Underground Storage Tank Program Revisions
AGENCY: Environmental Protection Agency (EPA).
ACTION: Proposed rule.
-----------------------------------------------------------------------
SUMMARY: Pursuant to the Resource Conservation and Recovery Act (RCRA
or Act), the Environmental Protection Agency (EPA) is proposing,
subject to public comment, to approve revisions to the underground
storage tank (UST) program submitted by the State of Georgia (Georgia
or State). The EPA has reviewed Georgia's revisions and is proposing to
determine that these revisions satisfy all requirements needed for
program approval. In addition, the EPA is proposing to codify EPA's
approval of Georgia's revised UST program and to incorporate by
reference those provisions of the State statutes and regulations the
EPA has determined, subject to public comment, meet the requirements
for approval. The EPA seeks public comment prior to taking final
action.
DATES: Comments must be received by October 16, 2019.
ADDRESSES: Submit your comments, identified by docket number EPA-R04-
UST-2019-0310, at https://www.regulations.gov. Follow the online
instructions for submitting comments. Once submitted, comments cannot
be edited or removed from https://www.regulations.gov. The EPA may
publish any comment received to its public docket. Do not submit
electronically any information you consider to be Confidential Business
Information (CBI) or other information whose disclosure is restricted
by statute. Multimedia submissions (audio, video, etc.) must be
accompanied by a written comment. The written comment is considered the
official comment and should include discussion of all points you wish
to make. The EPA will generally not consider comments or comment
contents located outside of the primary submission (i.e., on the web,
cloud, or other file sharing system). For additional submission
methods, the full EPA public comment policy, information about CBI or
multimedia submissions, and general guidance on making effective
comments, please visit: https://www.epa.gov/dockets/commenting-epa-dockets.
All documents in the docket are listed on the https://www.regulations.gov website. Publicly available docket materials are
also available in hard copy at the Underground Storage Tanks and Data
Management Section in the Land, Chemicals and Redevelopment Division,
U.S. Environmental Protection Agency, Region 4, Atlanta Federal Center,
61 Forsyth Street SW, Atlanta, Georgia 30303-8960. EPA requests that
you contact the person listed in the FOR FURTHER INFORMATION CONTACT
section to schedule your inspection. The Regional Office's official
hours of business are Monday through Friday 8:30 a.m. to 4:30 p.m.,
excluding Federal holidays.
FOR FURTHER INFORMATION CONTACT: Aaryn Jones, RCRA Programs and Cleanup
Branch, Land, Chemicals and Redevelopment Division, U.S. Environmental
Protection Agency, Region 4, Atlanta Federal Center, 61 Forsyth Street
SW, Atlanta, Georgia 30303-8960; Phone number: (404) 562-8969; email
address: [email protected].
SUPPLEMENTARY INFORMATION:
I. Proposed Approval of Revisions to Georgia's Underground Storage Tank
(UST) Program
A. Why are revisions to state UST programs necessary?
States that have received final approval from the EPA under RCRA
section 9004(b) of RCRA, 42 U.S.C. 6991c(b), must maintain a UST
program that is no less stringent than the federal
[[Page 48574]]
program. When the EPA makes revisions to the regulations that govern
the UST program, states must revise their programs to comply with the
updated regulations and submit these revisions to the EPA for approval.
Most commonly, states must change their programs because of changes to
the EPA's regulations in 40 Code of Federal Regulations (CFR) part 280.
States can also initiate changes on their own to their UST programs and
these changes must then be approved by the EPA.
B. What decision is the EPA proposing to make in this rule?
On August 8, 2018, in accordance with 40 CFR 281.51(a), Georgia
submitted a complete program revision application (State Application)
seeking approval of changes to its UST program. The program revisions
requested in the State Application correspond to the EPA final rule
published on July 15, 2015 (80 FR 41566), which revised the 1988 UST
regulations and the 1988 state program approval (SPA) regulations (2015
Federal Revisions). As required by 40 CFR 281.20, the State Application
contains the following: A transmittal letter from the Governor
requesting approval; a description of the program and operating
procedures; a demonstration of the State's procedures to ensure
adequate enforcement; a Memorandum of Agreement outlining the roles and
responsibilities of the EPA and the implementing agency; a statement of
certification from the Attorney General; and copies of all relevant
State statutes and regulations. The EPA has reviewed the State
Application and is proposing to determine that the revisions to
Georgia's UST program are no less stringent than the corresponding
federal requirements in subpart C of 40 CFR part 281, and that the
Georgia program continues to provide adequate enforcement of
compliance. Therefore, the EPA is proposing to grant Georgia final
approval to operate its UST program with the revisions described in the
State Application, and as outlined below in Section I.F. The
Environmental Protection Division (EPD) of the Georgia Department of
Natural Resources (DNR) is the lead implementing agency for the UST
program in Georgia.
C. What is the effect of this proposed approval on the regulated
community?
Section 9004(b) of RCRA, 42 U.S.C. 6991c(b), as amended, allows the
EPA to approve state UST programs to operate in lieu of the federal
program. If Georgia is approved for the changes described in the State
Application, these changes will become part of the approved State UST
program, and therefore will be federally enforceable. Georgia will
continue to have primary enforcement authority and responsibility for
its State UST program. This action does not impose additional
requirements on the regulated community because the regulations being
proposed for approval by this rule are already in effect in the State
of Georgia, and are not changed by this proposed action. This action
merely proposes to approve the existing State regulations as meeting
the revised federal requirements and rendering them federally
enforceable.
D. What happens if the EPA receives comments that oppose this action?
The EPA will evaluate any comments received on this proposed action
and will make a final decision on approval or disapproval of the UST
program revisions contained in the State Application. The EPA's
decision will be published in the Federal Register. You may not have
another opportunity to comment. If you want to comment on this proposed
action, you must do so at this time.
E. For what has Georgia previously been approved?
Effective July 9, 1991, the EPA granted final approval for Georgia
to administer the State UST program in lieu of the federal UST program
(56 FR 21603, May 10, 1991). Effective March 4, 1996, the EPA codified
the provisions of the approved Georgia program that are part of the UST
program under subtitle I of RCRA, and therefore are subject to the
EPA's corrective action, inspection, and enforcement authorities under
RCRA sections 9003(h), 9005 and 9006, 42 U.S.C. 6991b(h), 6991d and
6991e, and other applicable statutory and regulatory provisions (61 FR
4224, February 5, 1996).
F. What changes is the EPA proposing to approve with this action and
what standards do we use for review?
In order to be approved, each state program revision application
must meet the general requirements in 40 CFR 281.11 (General
Requirements), and the specific requirements in 40 CFR part 281,
subpart B (Components of a Program Application), subpart C (Criteria
for No Less Stringent), and subpart D (Adequate Enforcement of
Compliance).
As more fully described below, the State has made changes to its
approved UST program to reflect the 2015 Federal Revisions. These
changes are included in the Georgia UST Rules at Ga. Comp. R. & Regs.
391-3-15, as amended, effective November 6, 2017. The EPA is proposing
to approve the State's changes because they are no less stringent than
the federal UST program, and because the revised Georgia UST program
will continue to provide for adequate enforcement of compliance as
required by 40 CFR 281.11(b) and part 281, subparts C and D, after this
approval.
The Georgia EPD continues to be the lead implementing agency for
the UST program in Georgia. The EPD continues to have broad statutory
and regulatory authority to regulate the installation, operation,
maintenance, and closure of USTs, as well as UST releases, under the
Georgia Underground Storage Tank Act (GUSTA), Official Code of Georgia
Annotated (O.C.G.A.) section 12-13-1 (2017), and the Ga. Comp. R. &
Regs. 391-3-15 (2017).
As part of the State Application, the Georgia Attorney General has
identified the following specific authorities for compliance
monitoring, required pursuant to 40 CFR 281.40: GUSTA, O.C.G.A.
sections 12-13-6(a)(3), 12-13-8(a), and 12-13-14(b); and Ga. Comp. R. &
Regs. r. 391-3-15-.01(2) and 391-3-15-.08.
As part of the State Application, the Georgia Attorney General has
identified the following specific authorities for enforcement response,
required pursuant to 40 CFR 281.41: GUSTA, O.C.G.A. sections 12-13-15
and 12-13-19(b) and (c); and Ga. Comp. R. & Regs. r. 391-3-15-.14.
As part of the State Application, the Georgia Attorney General has
identified the following specific authorities enabling public
participation in the State enforcement process, required pursuant to 40
CFR 281.42: O.C.G.A. sections 12-2-2, 50-13-14, 12-13-15, 9-11-24, 12-
13-6(a)(8), 12-13-16, and 12-13-21; and Ga. Comp. R. and Regs. r. 391-
1-2-.14(2) and 391-3-15-.09. Further, through a Memorandum of Agreement
between the State of Georgia and the EPA, effective October 12, 2018,
the State maintains procedures for receiving and ensuring proper
consideration of information about violations submitted by the public
and will not object to public participation in administrative or civil
enforcement actions. As required pursuant to 40 CFR 281.43, through the
Memorandum of Agreement between the State and the EPA, the State agrees
to furnish the EPA, upon request, any information in State files
obtained or used in the administration of the State program.
To qualify for final approval, revisions to a state's UST program
must be ``no less stringent'' than the 2015 Federal Revisions. In the
2015 Federal Revisions, the EPA addressed UST
[[Page 48575]]
systems deferred in the 1988 UST regulations, and added, among other
things: New operation and maintenance requirements; secondary
containment requirements for new and replaced tanks and piping;
operator training requirements; and a requirement to ensure UST system
compatibility before storing certain biofuel blends. In addition, the
EPA removed past deferrals for emergency generator tanks, field
constructed tanks, and airport hydrant systems. Georgia incorporates
all the required 2015 Federal Revisions at Ga. Comp. R. & Regs. 391-3-
15. Specifically, Georgia has amended its Georgia UST Rules to
incorporate by reference (into the Georgia regulations) the
requirements of 40 CFR part 280, including the requirements added by
the 2015 Federal Revisions.
As part of the State Application, and as described above, the
Georgia Attorney General has certified that the State regulations
provide for adequate enforcement of compliance and meet the ``no less
stringent'' criteria in 40 CFR part 281, subparts C and D. The EPA is
relying on this certification, in addition to the analysis submitted by
the State, in proposing to approve the State's changes.
G. Where are the revised State rules different from the federal rules?
Broader in Scope Provisions
Where a state program has provisions that are broader in scope than
required by federal law, these provisions are not part of the
federally-approved program and are not federally enforceable, in
accordance with 40 CFR 281.12(a)(3)(ii). The following State statutory
and regulatory requirements are considered broader in scope than the
federal and are therefore not part of federally approved State UST
program:
Statutory Broader in Scope Provisions
O.C.G.A. section 12-13-9(f)-(i) establishes the Georgia
Underground Storage Tank (GUST) Fund to take emergency action, take
preventive or corrective action, and provide compensation for third-
party liabilities.
O.C.G.A. section 12-13-10 requires that an environmental
assurance fee be paid by any potential claimant to the GUST Fund.
O.C.G.A section 12-13-11(b) through (e) pertain to the use
of the GUST Fund to perform corrective action.
O.C.G.A. section 12-13-13(e) requires owners and operators
of a UST in use or capable of being used to provide an annual UST
notification.
O.C.G.A. section 12-13-18(a) requires owners and operators
of USTs to maintain proof that all petroleum stored in such tank was
subjected to the environmental fee imposed in O.C.G.A. section 12-13-
10.
Regulatory Broader in Scope Provisions
Ga. Comp. R. & Regs. r. 391-3-15-.05(4) requires an annual
registration of USTs and an annual UST Registration Certificate.
Ga. Comp. R. & Regs. r. 391-3-15-.09(5) requires that
owners or operators may transport or provide for transportation of
petroleum-contaminated soils only to permitted storage, treatment or
disposal facilities and must designate any receiving facility in the
corrective action plan.
Ga. Comp. R. & Regs. r. 391-3-15-.09(7) allows owners and
operators conducting corrective action with funds other than the GUST
Fund to remediate soil and groundwater to a more stringent objective
than those found in Ga. Comp. R. & Regs. r. 391-3-15-.09(4).
Ga. Comp. R. & Regs. r. 391-3-15-.13 describes the
requirements for owner/operator participation in the GUST Fund,
including payment of an Environmental Assurance Fee (EAF) to EPD per
gallon of petroleum products imported into Georgia.
More Stringent Provisions
When an approved state program includes requirements that are
considered more stringent than those required by federal law, the more
stringent requirements become part of the federally approved program in
accordance with 40 CFR 281.12(a)(3)(i).
The following State regulatory requirements are considered more
stringent than the federal program, and on approval, they will become
part of the federally-approved State UST program and therefore
federally enforceable:
With respect to the definition of ``replaced'' found at 40
CFR 280.12, under Ga. Comp. R. & Regs. r. 391-3-15-.03(1)(n), Georgia
defines ``replace'' when referring to piping to mean the removal and
replacement of 25% or more of the existing piping.
With respect to recordkeeping requirements found at 40 CFR
280.34 and 40 CFR 280.45, under Ga. Comp. R. & Regs. r. 391-3-15-.06(2)
and 391-3-15-.07(2), Georgia requires records to be maintained for a
minimum period of 36 months.
With respect to release response and corrective action
requirements found at 40 CFR part 280, subpart F, the GUST Rule is more
stringent as follows:
(1) Under Ga. Comp. R. & Regs. r. 391-3-15-.09(2), Georgia requires
that a Corrective Action Plan--Part A be stamped or sealed by a Georgia
registered Professional Engineer or Professional Geologist, and
submitted in lieu of the initial abatement report, the initial site
characterization report, and the free product removal report, as
referenced by 40 CFR 280.62(b), 280.63(b), and 280.64(d), respectively,
and must be submitted within 60 days after the release confirmation.
(2) Under Ga. Comp. R. & Regs. r. 391-3-15-.09(3), Georgia requires
that a Corrective Action Plan--Part B be submitted when certain surface
water, groundwater, or soil contamination levels are exceeded, or when
the State otherwise determines on a site-specific basis that a
Corrective Action Plan--Part B is necessary.
(3) Under Ga. Comp. R. & Regs. r. 391-3-15-.09(4), Georgia requires
that if a Corrective Action Plan--Part B is necessary, the full extent
of groundwater and surface water contamination must be delineated, and
certain corrective action objectives must be proposed and implemented
upon approval by the State.
(4) Under Ga. Comp. R. & Regs. r. 391-3-15-.09(6), Georgia requires
that the owner or operator certify completion of corrective action in
the completion report.
(5) Under Ga. Comp. R. & Reg. r. 391-3-15-.09(8), Georgia requires
that determinations of petroleum concentrations in soil or groundwater
be performed in conformity with specified methods.
(6) Under Ga. Comp. R. & Regs. r. 391-15-.10, Georgia specifies
cleanup levels for releases from hazardous substance USTs.
With respect to closure requirements found at 40 CFR
280.72, under Ga. Comp. R. & Regs. r. 391-15-.11(3), Georgia requires
that owners submit an EPD UST closure report within 45 days of
permanently closing a UST.
With respect to operator training requirements found at 40
CFR 280.244, under Ga. Comp. R. & Regs. r. 391-3-15-.16, Georgia
requires owners and operators to complete operator training once every
seven years.
II. Codification
A. What is codification?
Codification is the process of placing citations and references to
a state's statutes and regulations that comprise a state's approved UST
program into the Code of Federal Regulations (CFR). The EPA codifies
its approval of state programs in 40 CFR part 282 and incorporates by
reference state statutes and regulations that the EPA can
[[Page 48576]]
enforce, after the approval is final, under sections 9005 and 9006 of
RCRA, and any other applicable statutory provisions. The incorporation
by reference of EPA-approved state programs in the CFR should
substantially enhance the public's ability to discern the status of the
approved state UST program and state requirements that can be federally
enforced. This effort provides clear notice to the public of the scope
of the approved program in each state.
B. What is the history of codification of Georgia's UST program?
In 1996, the EPA incorporated by reference and codified Georgia's
approved UST program at 40 CFR 282.60 (61 FR 4224, February 5, 1996).
Through this action, the EPA is proposing to amend 40 CFR 282.60 to
incorporate by reference and codify Georgia's revised UST program.
C. What codification decisions is the EPA proposing in this rule?
In this rule, the EPA is proposing to include in a final EPA rule
regulatory text that includes incorporation by reference of the
relevant Georgia UST program, including the revisions made to the
program based on the 2015 Federal Revisions. In accordance with the
requirements of 1 CFR 51.5, the EPA is proposing to incorporate by
reference Georgia's statutes and regulations as described in the
amendments to 40 CFR part 282 set forth below. These documents are
available through https://www.regulations.gov and at the EPA Region 4
office (see the ADDRESSES section of this preamble for more
information). This proposed codification reflects the State UST program
that would be in effect at the time the EPA's approved revisions to the
Georgia UST program addressed in this proposed rule become final,
subject to the receipt of public comments.
Specifically, in Section 282.60(d)(1)(i), the EPA is proposing to
incorporate by reference the Georgia-approved UST program. Section
282.60(d)(1)(ii) identifies the State's statutes and regulations that
are part of the approved State program, although not incorporated by
reference for enforcement purposes. Section 282.60(d)(2) through (d)(5)
reference the Attorney General's Statement, Demonstration of Adequate
Enforcement Procedures, the Program Description, and the Memorandum of
Agreement, which are part of the State Application and proposed for
approval as part of the UST program under subtitle I of RCRA.
D. What is the effect of the EPA's codification of the federally
approved Georgia UST program on enforcement?
The EPA retains the authority under sections 9003(h), 9005, and
9006 of subtitle I of RCRA, 42 U.S.C. 6991b(h), 6991d, and 6991e, and
other applicable statutory and regulatory provisions, to undertake
corrective action, inspections, and enforcement actions, and to issue
orders in approved states. If the EPA determines it will take such
actions in Georgia, the EPA will rely on federal sanctions, federal
inspection authorities, and other federal procedures rather than the
State analogs. Therefore, the EPA is not incorporating by reference
Georgia's procedural and enforcement authorities, although they are
listed in 40 CFR 282.60(d)(1)(ii).
E. What State provisions are not part of the codification?
As discussed in Section I.G. above, some provisions of the State's
UST program are not part of the federally approved State program
because they are ``broader in scope'' than the federal UST program. 40
CFR 281.12(a)(3)(ii) states that, where an approved state program has
provisions that are broader in scope than the federal program, those
provisions are not a part of the federally approved program. 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. In addition, provisions that are external to
the State UST program approval requirements, but included in the State
Application, are also being excluded from incorporation by reference in
part 282. For reference and clarity, 40 CFR 282.60(d)(1)(iii) lists the
Georgia statutory and regulatory provisions which are ``broader in
scope'' than the federal program and external to state UST program
approval requirements. These provisions are, therefore, not part of the
approved program that the EPA is proposing to codify. Although these
provisions cannot be enforced by the EPA, the State will continue to
implement and enforce such provisions under State law.
III. Statutory and Executive Order (E.O.) Reviews
The EPA's proposed actions merely approve and codify Georgia's
revised UST program requirements pursuant to RCRA section 9004, and do
not impose additional requirements other than those imposed by State
law. For that reason, these actions:
Are not significant regulatory actions subject to review
by the Office of Management and Budget under Executive Orders 12866 (58
FR 51735, October 4, 1993) and 13563 (76 FR 3821, January 21, 2011);
Are not Executive Order 13771 (82 FR 9339, February 2,
2017) regulatory actions because UST program approvals are exempted
under Executive Order 12866;
Do not impose an information collection burden under the
provisions of the Paperwork Reduction Act (44 U.S.C. 3501 et seq.);
Are certified as not having a significant economic impact
on a substantial number of small entities under the Regulatory
Flexibility Act (5 U.S.C. 601 et seq.);
Do not contain any unfunded mandate or significantly or
uniquely affect small governments, as described in the Unfunded
Mandates Reform Act of 1995 (Pub. L. 104-4);
Do not have Federalism implications as specified in
Executive Order 13132 (64 FR 43255, August 10, 1999);
Are not economically significant regulatory actions based
on health or safety risks subject to Executive Order 13045 (62 FR
19885, April 23, 1997);
Are not significant regulatory actions subject to
Executive Order 13211 (66 FR 28355, May 22, 2001);
Are not subject to the requirements of Section 12(d) of
the National Technology Transfer and Advancement Act of 1995 (15 U.S.C.
272 note) because application of those requirements would be
inconsistent with RCRA; and
Do not provide EPA with the discretionary authority to
address, as appropriate, disproportionate human health or environmental
effects, using practicable and legally permissible methods, under
Executive Order 12898 (59 FR 7629, February 16, 1994).
Do not apply on any Indian reservation land or in any
other area where the EPA or an Indian tribe has demonstrated that a
tribe has jurisdiction. The rule does not have tribal implications as
specified by Executive Order 13175 (65 FR 67249, November 9, 2000), nor
will it impose substantial direct costs on tribal governments or
preempt tribal law.
As required by section 3 of Executive Order 12988 (61 FR 4729,
February 7, 1996), in issuing this rule, the EPA has taken the
necessary steps to eliminate drafting errors and ambiguity, minimize
potential litigation, and provide a clear legal standard for affected
conduct.
List of Subjects in 40 CFR Parts 281 and 282
Environmental protection, Administrative practice and procedure,
[[Page 48577]]
Petroleum, Hazardous substances, Incorporation by reference, State
program approval, Underground storage tanks, and Reporting and
recordkeeping requirements.
Authority: This action is issued under the authority of Sections
2002(a), 7004(b), 9004, 9005 and 9006 of the Solid Waste Disposal
Act, as amended, 42 U.S.C. 6912(a), 6974(b), 6991c, 6991d, and
6991e.
Mary S. Walker,
Regional Administrator, Region 4.
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
0
1. The authority citation for part 282 continues to read as follows:
Authority: 42 U.S.C. 6912, 6991c, 6991d, and 6991e.
0
2. Revise Sec. 282.60 to read as follows:
Sec. 282.60 Georgia State-Administered Program.
(a) History of the approval of Georgia's Program. The State of
Georgia 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 Georgia
Department of Natural Resources, Environmental Protection Division, was
approved by EPA pursuant to 42 U.S.C. 6991c and part 281 of this
Chapter. EPA approved the Georgia program on May 10, 1991 and it was
effective on July 9, 1991. A subsequent program revision was approved
by EPA and became effective on [Effective date of final rule].
(b) Enforcement authority. Georgia has primary responsibility for
administering and enforcing its federally approved underground storage
tank program. However, EPA retains the authority to exercise its
corrective action, inspection, and enforcement authorities under
sections 9003(h), 9005, and 9006 of subtitle I of RCRA, 42 U.S.C.
6991b(h), 6991d, and 6991e, as well as under any other applicable
statutory and regulatory provisions.
(c) To retain program approval, Georgia 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 Georgia obtains
approval for 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) Georgia has final approval for the following elements of its
underground storage tank program originally submitted to EPA and
approved effective July 9, 1991, and the program revisions approved by
EPA effective on [Effective date of final rule]:
(1) State statutes and regulations.
(i) Incorporation by reference. The Georgia materials cited in this
paragraph, and listed in appendix A to part 282, are incorporated by
reference as part of the underground storage tank program under
subtitle I of RCRA, 42 U.S.C. 6991 et seq. The Director of the Federal
Register approves this incorporation by reference in accordance with 5
U.S.C. 552(a) and 1 CFR part 51. You may obtain copies of the Georgia
statutes that are incorporated by reference in this paragraph from
LexisNexis, Attn: Official Code of Georgia Annotated, 701 East Water
Street, Charlottesville, VA 22902-5389; Phone number: 1-800-833-9844;
website: https://sos.ga.gov/index.php/elections/georgia_code_-_lexisnexis. You may obtain copies of the Georgia regulations that are
incorporated by reference in this paragraph from the Administrative
Procedures Division, Office of the Georgia Secretary of State, 5800
Jonesboro Road, Morrow, Georgia 30260; Phone number: (678) 364-3785;
website: https://rules.sos.ga.gov/gac/391-3-15. You may inspect all
approved material at the EPA Region 4, 61 Forsyth Street SW, Atlanta,
Georgia 30303; Phone number: (404) 562-9900; or the National Archives
and Records Administration (NARA). For information on the availability
of the material at NARA, call (202) 741-6030 or go to https://www.archives.gov/federal-register/cfr/ibr-locations.html.
(A) ``Georgia Statutory Requirements Applicable to the UST
Program'', dated August 2018.
(B) ``Georgia Regulatory Requirements Applicable to the UST
Program'', dated August 2018.
(ii) Legal basis. The EPA evaluated the following statutes and
regulations which provide the legal basis for the State's
implementation of the underground storage tank program, but they are
not being incorporated by reference and do not replace federal
authorities:
(A) Official Code of Georgia Annotated (2017), Title 12:
``Conservation and Natural Resources,'' Chapter 13, ``Georgia
Underground Storage Tank Act'': Sections 12-13-5; 12-13-6; 12-13-8; 12-
13-11(a) and (f); 12-13-14 through 12-13-17; and 12-13-19 through 12-3-
22.
(B) Rules and Regulations of the State of Georgia (November 6,
2017), Department 391: ``Rules of the Georgia Department of Natural
Resources,'' Chapter 3, ``Environmental Protection,'' Subject 15,
``Underground Storage Tank Management'': Sections 391-3-15.01(2) and
391-3-15-.14.
(iii) Other Provisions not incorporated by reference. The following
specifically identified sections and rules applicable to the Georgia
underground storage tank program that are broader in scope than the
federal program or external to the state UST program approval
requirements are not part of the approved program, and are not
incorporated by reference herein:
(A) Official Code of Georgia Annotated (2017), Title 12:
``Conservation and Natural Resources,'' Chapter 13, ``Georgia
Underground Storage Tank Act'': Sections 12-13-3(8) and (16); 12-13-7;
12-13-9(d) through (i); 12-13-10; 12-13-11(b) through (e); 12-13-12;
12-13-13(e), and 12-13-18.
(B) Rules and Regulations of the State of Georgia (November 6,
2017), Department 391: ``Rules of the Georgia Department of Natural
Resources,'' Chapter 3, ``Environmental Protection,'' Subject 15,
``Underground Storage Tank Management'': Sections 391-3-15-.01(1); 391-
3-15-.03(1)(a), (g), (i), and (p) through (r); 391-3-15-.04; 391-3-
15-.05(4); 391-3-15-.09(5) and (7); 391-15-3-.12(3); 391-3-15-.13; and
391-3-15-.15.
(2) Statement of legal authority. The Attorney General's Statement,
signed by the Attorney General on June 12, 2018, 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 Georgia's application on August 8, 2018, 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 submitted as part
of Georgia's application on August 8, 2018, 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.
[[Page 48578]]
(5) Memorandum of Agreement. The Memorandum of Agreement between
EPA Region 4 and the Georgia Environmental Protection Division, signed
by EPA Regional Administrator on October 12, 2018, 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.
0
3. Appendix A to part 282 is proposed to be amended by revising the
entry for Georgia to read as follows:
Appendix A to Part 282--State Requirements Incorporated by Reference in
Part 282 of the Code of Federal Regulations
* * * * *
Georgia
(a) The statutory provisions include: Official Code of Georgia
Annotated (2017), Title 12: ``Conservation and Natural Resources,''
Chapter 13, ``Georgia Underground Storage Tank Act'':
Section 12-13-1 Short title.
Section 12-13-2 Public policy.
Section 12-13-3 Definitions, except (8) and (16).
Section 12-13-4 Exceptions to chapter.
Section 12-13-9 Establishing financial responsibility; claims
against the guarantor; Underground Storage Tank Trust Fund, except
(d) through (i).
Section 12-13-13 Notification by owner of underground storage
tank, except (e).
(b) The regulatory provisions include: Rules and Regulations of
the State of Georgia (November 6, 2017), Department 391: ``Rules of
the Georgia Department of Natural Resources,'' Chapter 3,
``Environmental Protection,'' Subject 15, ``Underground Storage Tank
Management'':
Section 391-3-15-.01(3) General Provisions
Section 391-3-15-.02 UST Exclusions.
Section 391-3-15-.03 Definitions, except (1)(a), (1)(g), (1)(i),
and (1)(p) through and (r).
Section 391-3-15-.05 UST Systems: Design, Construction,
Installation, and Notification, except (4).
Section 391-3-15-.06 General Operating Requirements.
Section 391-3-15-.07 Release Detection.
Section 391-3-15-.08 Release Reporting, Investigation, and
Confirmation.
Section 391-3-15-.09 Release Response and Corrective Action for
UST Systems Containing Petroleum, except (5) and (7).
Section 391-3-15-.10 Release Response and Corrective Action for
UST Systems Containing Hazardous Substances.
Section 391-3-15-.11 Out-of-Service UST Systems and Closure.
Section 391-3-15-.12 Underground Storage Tanks Containing
Petroleum; Financial Responsibility Requirements, except (3).
Section 391-3-15-.16 Operator Training.
Section 391-3-15-.17 Airport Hydrant Systems and Field
Constructed Tanks.
(c) Copies of the Georgia statutes that are incorporated by
reference are available from LexisNexis, Attn: Official Code of
Georgia Annotated, 701 East Water Street, Charlottesville, VA 22902-
5389; Phone number: 1-800-833-9844; website: https://sos.ga.gov/index.php/elections/georgia_code_-_lexisnexis. Copies of the Georgia
regulations that are incorporated by reference are available from
the Administrative Procedures Division, Office of the Georgia
Secretary of State, 5800 Jonesboro Road, Morrow, Georgia 30260;
Phone number: (678) 364-3785; website: https://rules.sos.ga.gov/gac/391-3-15.
* * * * *
[FR Doc. 2019-19936 Filed 9-13-19; 8:45 am]
BILLING CODE 6560-50-P
