Maine: Final Approval of State Underground Storage Tank Program Revisions, Codification, and Incorporation by Reference, 52783-52791 [2019-21200]

Agencies

• ENVIRONMENTAL PROTECTION AGENCY

[Federal Register Volume 84, Number 192 (Thursday, October 3, 2019)]
[Rules and Regulations]
[Pages 52783-52791]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-21200]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 282

[EPA-R01-UST-2019-0420; FRL-10000-57-Region 1]


Maine: Final Approval of State Underground Storage Tank Program 
Revisions, Codification, and Incorporation by Reference

AGENCY: Environmental Protection Agency (EPA).

ACTION: Direct final rule.

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SUMMARY: Pursuant to the Resource Conservation and Recovery Act (RCRA 
or Act), the Environmental Protection Agency (EPA) is taking direct 
final action to approve revisions to the State of Maine's Underground 
Storage Tank (UST) program submitted by the Maine Department of 
Environmental Protection (ME DEP). This action also codifies EPA's 
approval of Maine's State program and incorporates by reference those 
provisions of the State regulations that we have determined meet the 
requirements for approval. The provisions 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.

DATES: This rule is effective December 2, 2019, unless EPA receives 
adverse comment by November 4, 2019. If EPA receives adverse comments, 
it will publish a timely withdrawal in the Federal Register informing 
the public that the rule will not take effect. The incorporation by 
reference of certain publications listed in the regulations is approved 
by the Director of the Federal Register, as of December 2, 2019, in 
accordance with 5 U.S.C. 552(a) and 1 CFR part 51.

ADDRESSES: Submit your comments by one of the following methods:
    1. Federal eRulemaking Portal: https://www.regulations.gov. Follow 
the on-line instructions for submitting comments.
    2. Email: [email protected].
    3. Mail: Susan Hanamoto, RCRA Waste Management, UST, and Pesticides 
Section; Land, Chemicals, and Redevelopment Division; EPA Region 1, 5 
Post Office Square, Suite 100, (Mail Code 07-1), Boston, MA 02109-3912.
    4. Hand Delivery or Courier: Deliver your comments to Susan 
Hanamoto, RCRA Waste Management, UST, and Pesticides Section; Land, 
Chemicals, and Redevelopment Division; EPA Region 1, 5 Post Office 
Square, Suite 100, (Mail Code 07-1), Boston, MA 02109-3912. Such 
deliveries are only accepted during the Regional Office's normal hours 
of operation.
    Instructions: Direct your comments to Docket ID No. EPA-R01-UST-
2019-0420. EPA's policy is that all comments received will be included 
in the public docket without change and may be available online at 
https://www.regulations.gov, including any personal information 
provided, unless the comment includes information claimed to be 
Confidential Business Information (CBI) or other information whose 
disclosure is restricted by statute. Do not submit information that you 
consider to be CBI or otherwise protected through https://www.regulations.gov, or email. The Federal website, https://www.regulations.gov, is an ``anonymous access'' system, which means the 
EPA will not know your identity or contact information unless you 
provide it in the body of your comment. If you send an email comment 
directly to the EPA without going through https://www.regulations.gov, 
your email address will be automatically captured and included as part 
of the comment that is placed in the public docket and made available 
on the internet. If you submit an electronic comment, EPA recommends 
that you include your name and other contact information in the body of 
your comment and also with any disk or CD-ROM you submit. If EPA cannot 
read your comment due to technical difficulties, and cannot contact you 
for clarification, EPA may not be able to consider your comment. 
Electronic files should avoid the use of special characters, any form 
of encryption, and be free of any defects or viruses.
    Docket: All documents in the docket are listed in the https://www.regulations.gov index. Although listed in the index, some 
information might not be publicly available, e.g., CBI or other 
information whose disclosure is restricted by statute. Certain other 
material, such as copyrighted material, might be publicly available 
only in hard copy form. Publicly available docket materials are 
available either electronically through www.regulations.gov or in hard 
copy.
    IBR and supporting material: You can view and copy the documents 
that form the basis for this codification and associated publicly 
available materials from 8:30 a.m. to 4:00 p.m. Monday

[[Page 52784]]

through Friday at the following location: EPA Region 1 Library, 5 Post 
Office Square, 1st Floor, Boston, MA 02109-3912; by appointment only; 
tel: (617) 918-1990. Interested persons wanting to examine these 
documents should make an appointment with the office at least two weeks 
in advance.

FOR FURTHER INFORMATION CONTACT: Susan Hanamoto, (617) 918-1219, 
[email protected].

SUPPLEMENTARY INFORMATION:

I. Approval of Revisions to Maine's Underground Storage Tank Program

A. Why are revisions to State 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 an 
underground storage tank program that is equivalent to, consistent 
with, and no less stringent than the Federal UST program. Either EPA or 
the approved state may initiate program revision. When 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. Program revision may be 
necessary when the controlling Federal or state statutory or regulatory 
authority is modified or when responsibility for the state program is 
shifted to a new agency or agencies.

B. What decisions has the EPA made in this rule?

    On October 12, 2018, in accordance with 40 CFR 281.51(a), Maine 
submitted a complete program revision application seeking the EPA 
approval for its UST program revisions (State Application). Maine's 
revisions 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 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. We 
have reviewed the State Application and determined that the revisions 
to Maine's UST program are equivalent to, consistent with, and no less 
stringent than the corresponding Federal requirements in subpart C of 
40 CFR part 281, and that the Maine program provides for adequate 
enforcement of compliance (40 CFR 281.11(b)).
    The statement of certification from the Attorney General asserts 
that the State ``possesses authority over UST activities on Indian 
lands in the State'' pursuant to the Act to Implement the Maine Indian 
Claims Settlement (``Maine Implementing Act'' or ``MIA''), 30 M.R.S. 
Sections 6201 to 6214, and the Federal Maine Indian Claims Settlement 
Act (``MICSA''), 1980 Public Law 96-420 (Oct. 10, 1980).
    Under basic principles of Federal Indian law, states generally lack 
civil regulatory jurisdiction within Indian country as defined in 18 
U.S.C. Section 202F;1151. Alaska v. Native Village Of Venetie Tribal 
Government, 522 U.S. 520, 527 n.1 (1998). Thus, EPA cannot presume a 
state has authority to regulate in Indian country, including with 
regard to UST activities. Instead, a state must demonstrate its 
jurisdiction, and EPA must determine that the state has made the 
requisite demonstration and expressly determine that the state has 
authority, before a state can implement a program in Indian country.
    Based on the unique jurisdictional framework established in MIA, 
MICSA, and the two companion laws for the Aroostook Band of Micmacs \1\ 
and Houlton Band of Maliseet Indians,\2\ EPA has previously determined 
that the State of Maine has civil regulatory jurisdiction in Indian 
country in two contexts. In 2012, EPA determined that the State has 
jurisdiction to issue National Pollution Discharge Elimination System 
(``NPDES'') permits under the Clean Water Act in the territories of the 
Penobscot Indian Nation and Passamaquoddy Tribe. 77 FR 23481, 23482 
(April 19, 2012); see also Maine v. Johnson, 498 F.3d 37 (1st Cir. 
2007); 78 FR 13339, 13349 (``EPA proposes to approve the state to 
implement its NPDES program in the territories of the Houlton Band of 
Maliseet Indians and the Aroostook Band of Micmacs. . . .''). In 2015, 
EPA determined that the State has authority to set water quality 
standards under the Clean Water for waters in Tribal lands. February 2, 
2015, Letter from H. Curtis Spalding, EPA Regional Administrator, to 
Patricia W. Aho, Maine Department of Environmental Protection 
Commissioner, Re: Review and Decision on Water Quality Standards 
Revisions, available at https://www.epa.gov/sites/production/files/2016-04/documents/me_let_020215.pdf.
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    \1\ Aroostook Band of Micmacs Settlement Act (ABMSA), 1991 
Public Law 102-171 (Nov. 26, 1991); Micmac Settlement 30 M.R.S. 
Sections 7210, et seq.
    \2\ 1980 Public Law 96-420; M.R.S. section 6205-A.
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    In recognition of the significant time and resources needed to 
address the State's assertion of authority to regulate UST activities 
on Tribal lands, the EPA is not making a determination on such 
authority as part of this decision. This approach allows EPA to move 
forward with approval of the State's program elsewhere in the State 
while it continues to work on the State's assertion in Tribal lands. 
EPA is committed to acting on the State's assertion of authority. It 
will do so following the necessary consultation with the federally 
recognized Indian tribes in Maine, consistent with Executive Order 
13175 (Nov. 6, 2000) and EPA's Policy on Consultation and Coordination 
with Indian Tribes (May 4, 2011).
    Therefore, the EPA grants Maine final approval to operate its UST 
program with the changes described in the State Application, and as 
outlined below in Section I.G of this document, except as is relates to 
USTs on Indian lands.

C. What is the effect of this approval decision?

    This action does not impose additional requirements on the 
regulated community because the regulations being approved by this rule 
are already effective in Maine, and they are not changed by this 
action. This action merely approves the existing State regulations as 
meeting the Federal requirements and renders them federally 
enforceable.

D. Why is EPA using a direct final rule?

    EPA is publishing this direct final rule concurrent with a proposed 
rule because we view this as a noncontroversial action and anticipate 
no adverse comment. EPA is providing an opportunity for public comment 
now.

E. What happens if the EPA receives comments that oppose this action?

    Along with this direct final, the EPA is publishing a separate 
document in the ``Proposed Rules'' Section of this issue of the Federal 
Register that serves as the proposal to approve the State's UST program 
revisions, providing opportunity for public comment. If EPA receives 
comments that oppose this approval, EPA will withdraw the direct final 
rule by publishing a document in the Federal Register before the rule 
becomes effective. The EPA will base any further decision on the 
approval of

[[Page 52785]]

the State program changes after considering all comments received 
during the comment period. EPA will then address all public comments in 
a later final rule. You may not have another opportunity to comment. If 
you want to comment on this approval, you must do so at this time.

F. For what has Maine previously been approved?

    On June 11, 1992, the EPA finalized a rule approving the UST 
program, effective July 13, 1992, to operate in lieu of the Federal 
program. On February 21, 1996, effective April 22, 1996, the EPA 
codified the approved Maine program, incorporating by reference the 
State statutes and regulatory provisions that are subject to EPA's 
inspection and enforcement authorities under RCRA Sections 9005 and 
9006, 42 U.S.C. 6991d and 6991e, and other applicable statutory and 
regulatory provisions.

G. What changes are we approving with this action?

    On October 12, 2018, in accordance with 40 CFR 281.51(a), Maine 
submitted a complete application for final approval of its UST program 
revisions adopted on September 26, 2018. The EPA now makes an immediate 
final decision, subject to receipt of written comments that oppose this 
action, that Maine's UST program revisions satisfy all of the 
requirements necessary to qualify for final approval. Therefore, EPA 
grants Maine final approval, except as it relates to USTs on Indian 
lands, for the following program changes:

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     Required Federal element           Implementing state authority
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40 CFR 281.30, New UST Systems and  691(5)(B)(1), (4), (6), (6-A);
 Notification.                       (5)(C); (7)(B); (8)(B)(1), (4);
                                     (10)(B)(1), (3) and (10)(C).
40 CFR 281.31, Upgrading Existing   691(5)(B)(1); (5)(C)(3), (4);
 UST Systems.                        (7)(D); and (10)(C).
40 CFR 281.32, General Operating    691(5)(B)(1)(b); (5)(D)(3), (4),
 Requirements.                       (6)(a), (7)(f), (g), (12), (14),
                                     (16); (7)(C)(1), (4), (5), (6);
                                     (8)(B)(1)(f); (8)(C)(1), (3), (4);
                                     (10)(B)(1)(b); (10)(D)(1), (2),
                                     (9); Appendix A; Appendix M; and
                                     Appendix N.
40 CFR 281.33, Release Detection..  691(5)(B)(2), (3), (7); (5)(C)(1),
                                     (2), (3); (5)(D)(1), (2), (7), (8),
                                     (9); (7)(B)(4); (7)(C)(2); (7)(D);
                                     (8)(B)(1)(e), (2), (3); (8)(C)(1),
                                     (3); (10)(A)(2); (10)(B)(2);
                                     (10)(C); 10(D)(1); Appendix B;
                                     Appendix E(7); and Appendix E(9).
40 CFR 281.34, Release Reporting,   691(5)(D)(10), (11); (7)(C)(3);
 Investigation, and Confirmation.    (8)(C)(1), (3); (10)(A)(2); and
                                     (12)(A)(2).
40 CFR 281.35, Release Response     691(12)(A)(6); (12)(B)(1);
 and Corrective Action.              (12)(C)(1), (2); (12)(C)(4); and
                                     (12)(E).
40 CFR Section 281.36, Out-of-      691(11)(A); (11)(B); and (11)(F).
 service Systems and Closure.
40 CFR 281.37, Financial            691(5)(D)(15)(a), (b), (c), (d),
 Responsibility for USTs             (e), (f), (h), (i), (k), (o);
 Containing Petroleum.               (7)(C)(8); (8)(C)(1), (3); and
                                     (10)(A)(2).
40 CFR 281.40, Legal Authorities    38 M.R.S. Section 342-B.
 for Compliance Monitoring.
40 CFR 281.41, Legal Authorities    Maine Rule of Civil Procedure 80K,
 for Enforcement Response.           Section 4 (O); 38 M.R.S. Section
                                     348(1), (3); 38 M.R.S. Section
                                     349(2), (6), (8); 38 M.R.S. Section
                                     347-A(1), (3); 38 M.R.S. Section
                                     565-A(1); and 38 M.R.S. Section
                                     568(3).
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    The State also demonstrates that its program provides adequate 
enforcement of compliance as described in 40 CFR 281.11(b) and part 
281, subpart D. The ME DEP has broad statutory authority with respect 
to USTs to regulate installation, operation, maintenance, closure, and 
UST releases, and to the issuance of orders. These statutory 
authorities are found in: Maine Revised Statutes Annotated, Title 4: 
Judiciary, Title 5: Administrative Procedures and Services, Title 14: 
Court Procedure--Civil, Title 17: Crimes, Title 38: Waters and 
Navigation.

H. Where are the revised rules different from the Federal rules?

Broader in Scope Provisions
    The following statutory and regulatory provisions are considered 
broader in scope than the Federal program, and are therefore not 
enforceable as a matter of Federal law:
    A facility owner or operator may use the Maine Ground and Surface 
Waters Cleanup and Response Fund in accordance with the eligibility 
requirements and financial assurance limits of the Oil Discharge 
Prevention and Pollution Control Law, 38 M.R.S. Section 551 and the Oil 
Storage Facilities Groundwater Protection Law, 568-A, in combination 
with one or more of the other mechanisms to assure full coverage of 
third party damage liability in accordance with the minimum financial 
assurance requirements of Chapter 691, Rule for Underground Oil Storage 
Facilities, Sections 5(D)(15)(a) and (b) in meeting the State's and 
EPA's financial responsibility requirements for underground storage 
tanks containing petroleum.
    The owner of a facility is responsible for ensuring that the entire 
facility is inspected annually for compliance. The facility owner shall 
submit annual inspection results to the Commissioner on each July 1st, 
unless the Department agrees to an alternate schedule for submittal 
that is no less frequent than once every 12 months. The inspection 
results must be recorded on a form provided by the Commissioner and 
must include a certification statement, signed by a Certified 
Underground Oil Storage Tank Installer or Inspector. The statement must 
certify that the entire facility was inspected and any deficiencies 
discovered have been corrected.
    A tank and its associated piping must be taken out of operation and 
properly abandoned upon the expiration date of the tank warranty. When 
the length of the tank warranty is either unknown or the tank was 
installed after January 1, 2008, the tank will be deemed to have a tank 
warranty of 30 years from the date of installation. An extension may be 
granted if the tank, its associated piping and other facility 
components pass integrity testing. Single walled waste oil tanks and 
their associated piping are required to be taken out of operation and 
properly abandoned by October 13, 2019. A deed notation is required for 
all tanks and piping abandoned in place. All abandoned facilities and 
tanks used for the storage of Class I liquids that require removal must 
be removed under the direct, on-site supervision of a certified 
underground storage tanks installer.

[[Page 52786]]

    New or replacement tanks and piping at heating oil or process oil 
storage facilities used for consumption on the premises or by the owner 
or operator are required to be constructed of fiberglass, cathodically 
protected steel, or other noncorrosive material approved by the 
Commissioner. All tanks and piping must be secondarily contained with 
continuous interstitial space monitoring. Tanks with a capacity over 
1,100 gallons must have spill and overfill prevention equipment.
    Only a properly certified Underground Oil Storage Tank Installer 
with the appropriate class of certification and that has paid the 
required certification fee may install an underground oil storage 
facility. The Certified Installer shall be present and supervise all 
aspects of the underground storage tank facility installation, 
including the excavation and replacement of a concrete pad, backfill, 
or soil within ten feet of an underground oil storage tank or facility 
product piping. Within 30 days of installation completion, the 
Certified Installer is responsible for providing the Commissioner with 
a certification that the facility, materials, design, and installation 
are in compliance with all State requirements.
    Tanks are prohibited from installation within one foot of bedrock. 
In sensitive geologic areas with known contamination, bedrock blasting 
during installation may not occur without the Department's approval.
    For all new installations and replacements of tanks and piping the 
facility owner shall maintain a to-scale, as-built drawing of the 
facility at the facility or the owner's primary place of business. The 
drawing is to show the location of tanks, piping, dispensers and other 
major underground facility components to facilitate safe facility 
maintenance, repairs, replacement, and remediation. No permanent 
structures, underground utilities or other objects may be installed or 
constructed near a tank such that it would impede the tank's safe 
removal.
    If a tank is replaced, all associated underground piping not 
meeting the design requirements of Chapter 691 shall be replaced. 
Underground piping meeting the requirements of Chapter 691 must be 
precision tested in accordance with Appendix B prior to continued use. 
If product piping is replaced and structural damage to the associated 
tank has occurred, impairing its physical integrity, the tank must also 
be replaced or repaired. Tanks that cannot be repaired must be 
abandoned in accordance with Chapter 691, Section 11.
    Repairs of a galvanic cathodic protection system must be completed 
by a Maine Certified Underground Oil Storage Tank Installer (Certified 
Installer) within 180 days of a failed test. If anodes are added to a 
tank, the Certified Installer shall submit written documentation that 
all repairs were conducted in accordance with recommended practices of 
STI or NACE. Testing and recalibration of overfill and spill prevention 
alarms and shutoff systems must be conducted by a Certified Installer 
or Maine Certified Underground Oil Storage Tank Inspector (Certified 
Inspector) who is also certified by the manufacturer of the equipment 
if available. Repairs of automatic overfill and spill prevention alarm 
and shutoff systems must be done by a Certified Installer or for 
certain minor repairs a Certified Inspector within 30 days. Repairs, 
other than corrosion induced or product incompatibility caused leaks, 
to fiberglass, cathodically protected steel and other approved 
noncorrosive material tanks and piping must be properly conducted by a 
Certified Installer. The Certified Installer must also be certified by 
the tank or piping manufacturer, when available, to conduct a repair 
without a manufacturer representative, so as not to void the 
manufacturer warranty.
    New and replacement underground waste oil facilities may not be 
located beneath a building or other permanent structure or within 25 
feet of a classified body of surface water.
    At least 60 days prior to new and replacement field constructed 
underground oil storage tank registration, design and installation 
plans must be submitted to the Commissioner for review and approval. 
The tank must be designed by a professional engineer in compliance with 
Maine's professional regulation statute, and constructed in accordance 
with UL Standard 1746, ``Corrosion Protection Systems for Underground 
Storage Tanks'', and API Standard 650 ``Welded Steel Tanks or Oil 
Storage''. All phases of assembly and installation must be supervised 
by the professional engineer. Within 30 days of installation 
completion, the engineer shall submit a certification to the 
Commissioner stating that the facility materials, design, and 
installation meet all applicable State requirements. If a tank is 
replaced, all associated piping not meeting the design and installation 
requirements of Chapter 691, Rule for Underground Oil Storage 
Facilities, Section 8. (Chapter 691, Section 8.) must be replaced 
except if the piping is part of an airport hydrant piping system. 
Piping connected to field constructed tanks must be designed and 
constructed in accordance with the requirements of Chapter 691, Rule 
for Underground Oil Storage Facilities, Sections 5., 6., 7., 9., or 10. 
depending on the type of facility and piping system proposed. If 
product piping attached to a field constructed tank is replaced and 
structural damage to the associated tank occurred impairing its 
physical integrity, the tank must also be replaced if not designed and 
installed in accordance with Chapter 691, Section 8.
    New or replacement tanks at facilities storing heavy oils; oil that 
must be heated during storage, including but not limited to #5 and #6 
oil; and #4 oil only when it must be heated during storage, must be 
installed in accordance with National Fire Protection Association Code 
31 and the requirements of Chapter 691, Section 6(B)(4), (5), and (6), 
except that the installation of copper and PVC piping is prohibited and 
the heating system must be electrically isolated from the cathodic 
protection system if the tank is steel. All facility construction 
materials must be compatible with the temperature at which the product 
is to be stored. Fiberglass or plastic jacketed component may not be 
installed in facilities where the oil temperature will exceed 150 
[deg]F. Only a properly certified Class 2 underground storage tank 
installer may install an underground heavy oil storage facility. New 
and replacement fiberglass and plastic jacketed steel tanks must have 
continuous product temperature monitoring equipment which much be 
tested, and if necessary, calibrated at least annually. If a tank is 
replaced, all associated underground piping not meeting the design 
requirements of Chapter 691 must be replaced. Any replacement piping 
must be designed and installed in accordance with Chapter 691. If 
product piping is replaced and structural damage to the tank has 
occurred, the associated tank must also be replaced if not constructed 
of fiberglass, cathodically protected steel, or other noncorrosive 
material approved by the Commissioner. Repairs of damaged fiberglass, 
cathodically protected steel, and other Commissioner approved tanks may 
only be made if conducted in accordance with Chapter 691, Sections 
5(D)(13) or (14). Tanks that cannot be repaired must be abandoned in 
accordance with Chapter 691, Section 11.
    At least 60 days prior to new or replacement airport hydrant piping 
registration, installation plans must be submitted for Department 
review and approval. New and replacement airport hydrant piping must be 
designed by a professional engineer and constructed

[[Page 52787]]

in accordance with American National Standards Institute (ANSI) 
standard for ``Chemical Plant and Petroleum Refinery Piping'', ANSI/
ASME B 31.1. New and replacement airport hydrant piping must be 
installed according to good engineering practices using radiograph 
inspected welded joints and under the supervision of a professional 
engineer licensed in Maine or otherwise working in compliance with 32 
M.R.S. Sections 1351-1362. Within 30 days of installation completion 
the professional engineer is required to submit to the Commissioner a 
certification that the materials, design, and installation meet the 
applicable Chapter 691 Rules for Underground Oil Storage Facilities 
requirements. Repairs of new, replacement and existing piping must in 
accordance with good engineering practice and under the surveillance of 
a Maine professional engineer. The repaired section must be tested for 
leaks and for proper operation of the cathodic protection system. A 
report describing the repairs made and test results must be submitted 
to the Commissioner for approval.
More Stringent Provisions
    The following statutory and regulatory provisions are considered 
more stringent than the Federal program and are therefore enforceable 
as a matter of Federal law:
    Tank registrations require additional information from the Federal 
notification requirements, such as depth to bedrock and water table 
(when known), proximity to sensitive areas, site drawing, manufacturer 
warranty date.
    New and replacement spill buckets must be double walled.
    If more than 25% of a piping run is replaced, the entire piping run 
must be replaced with piping that meets the current new piping 
standards.
    Methods of leak detection for tanks and piping that are not allowed 
include: For tanks, manual tank gauging, groundwater monitoring and 
vapor monitoring and for piping, line tightness testing.
    Walkthrough inspections are conducted weekly.
    Sump testing and the correction of any deficiencies must be 
certified by a Maine Certified Underground Oil Storage Tank Installer 
or Inspector.
    All new and replacement field constructed tanks must have secondary 
containment, continuous interstitial space monitoring, and overfill and 
spill prevention equipment. New or replacement field constructed tank 
piping must have secondary containment regardless of the size of the 
field constructed tank.
    New and replacement airport hydrant piping must have secondary 
containment and continuous interstitial space monitoring.
    Wastewater treatment tank systems and aboveground oil storage tanks 
associated with field constructed tanks and airport hydrant systems are 
required to be registered and meet financial assurance for corrective 
action and third-party insurance for discharges.

II. Codification

A. What is codification?

    Codification is the process of placing a state's statutes and 
regulations that comprise the state's approved UST program into the 
CFR. Section 9004(b) of RCRA, as amended, allows the EPA to approve 
State UST programs to operate in lieu of the Federal program. The EPA 
codifies its authorization of state programs in 40 CFR part 282 and 
incorporates by reference state statutes and regulations that the EPA 
will enforce under Sections 9005 and 9006 of RCRA and any other 
applicable state provisions. The incorporation by reference of state 
authorized programs in the CFR should substantially enhance the 
public's ability to discern the current status of the approved state 
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 Maine's UST program?

    EPA incorporated by reference the Maine DEP approved UST program 
effective April 22, 1996 (61 FR 6555; February 21, 1996). In this 
document, EPA is revising 40 CFR 282.69 to include the approved 
revisions.

C. What codification decisions have we made in this rule?

    Incorporation by reference: In this rule, we are finalizing 
regulatory text that includes incorporation by reference. In accordance 
with the requirements of 1 CFR 51.5, we are finalizing the 
incorporation by reference of the Maine statutes and regulations 
described in the amendments to 40 CFR part 282 set forth below. The EPA 
has made, and will continue to make, these documents generally 
available through www.regulations.gov and at the EPA Region 1 office 
(see the ADDRESSES Section of this preamble for more information).
    The purpose of this Federal Register document is to codify Maine's 
approved UST program. The codification reflects the State program that 
would be in effect at the time EPA's approved revisions to the Maine 
UST program addressed in this direct final rule become final. The 
document incorporates by reference Maine's UST statutes and regulations 
and clarifies which of these provisions are included in the approved 
and federally enforceable program. By codifying the approved Maine 
program and by amending the CFR, the public will more easily be able to 
discern the status of the federally-approved requirements of the Maine 
program.
    EPA is incorporating by reference the Maine approved UST program in 
40 CFR 282.69. Section 282.69(d)(1)(i)(A) incorporates by reference for 
enforcement purposes the State's statutes and regulations, except as it 
relates to USTs on Indian lands.
    Section 282.69 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 UST program under Subtitle I of RCRA. These documents are 
not incorporated by reference.

D. What is the effect of Maine's codification on enforcement?

    The EPA 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 and to issue orders in approved states. With 
respect to these actions, EPA will rely on Federal sanctions, Federal 
inspection authorities, and Federal procedures rather than the state 
authorized analogues to these provisions. Therefore, the EPA is not 
incorporating by reference such particular, approved Maine procedural 
and enforcement authorities. Section 282.69(d)(1)(ii) of 40 CFR lists 
those approved Maine authorities that would fall into this category.

E. What State provisions are not part of the codification?

    The public also needs to be aware that some provisions of the 
State's UST program are not part of the federally approved State 
program. Such provisions are not part of the RCRA Subtitle I program 
because they are ``broader in scope'' than Subtitle I of RCRA. Title 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

[[Page 52788]]

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. Section 
282.69(d)(1)(iii) lists for reference and clarity the Maine 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 in this document. Provisions that are broader in scope 
cannot be enforced by EPA; the State, however, will continue to 
implement and enforce such provisions under State law.

III. Statutory and Executive Order Reviews

    This action only applies to Maine's UST Program requirements 
pursuant to RCRA section 9004 and imposes no requirements other than 
those imposed by State law. It complies with applicable Executive 
Orders (E.O.s) and statutory provisions as follows:

A. Executive Order 12866 Regulatory Planning and Review, Executive 
Order 13563: Improving Regulation and Regulatory Review

    The Office of Management and Budget (OMB) has exempted this action 
from the requirements of Executive Order 12866 (58 FR 51735, October 4, 
1993) and 13563 (76 FR 3821, January 21, 2011). This action approves 
and codifies State requirements for the purpose of RCRA section 9004 
and imposes no additional requirements beyond those imposed by State 
law. Therefore, this action is not subject to review by OMB.

B. Executive Order 13771: Reducing Regulations and Controlling 
Regulatory Costs

    This action is not an Executive Order 13771 (82 FR 9339, February 
3, 2017) regulatory action because actions such as this final approval 
of Maine's revised underground storage tank program under RCRA are 
exempted under Executive Order 12866. Accordingly, I certify that this 
action will not have a significant economic impact on a substantial 
number of small entities under the Regulatory Flexibility Act (5 U.S.C. 
601 et seq.).

C. Unfunded Mandates Reform Act and Executive Order 13175: Consultation 
and Coordination With Indian Tribal Governments

    Because this action approves and codifies pre-existing requirements 
under State law and does not impose any additional enforceable duty 
beyond that required by State law, it does not contain any unfunded 
mandate or significantly or uniquely affect small governments, as 
described in the Unfunded Mandates Reform Act of 1995 (2 U.S.C. 1531-
1538). As discussed above, EPA is not acting on approval to operate the 
State's UST program as it applies to Tribal lands in the State. 
Therefore, this action also does not significantly or uniquely affect 
the communities of Tribal governments, as specified by Executive Order 
13175 (65 FR 67249, November 9, 2000).

D. Executive Order 13132: Federalism

    This action will not have substantial direct effects on the States, 
on the relationship between the national government and the States, or 
on the distribution of power and responsibilities among the various 
levels of government, as specified in Executive Order 13132 (64 FR 
43255, August 10, 1999), because it merely approves and codifies State 
requirements as part of the State RCRA underground storage tank program 
without altering the relationship or the distribution of power and 
responsibilities established by RCRA.

E. Executive Order 13045: Protection of Children From Environmental 
Health and Safety Risks

    This action also is not subject to Executive Order 13045 (62 FR 
19885, April 23, 1997), because it is not economically significant, and 
it does not make decisions based on environmental health or safety 
risks.

F. Executive Order 13211: Actions That Significantly Affect Energy 
Supply, Distribution, or Use

    This rule is not subject to Executive Order 13211, ``Actions 
Concerning Regulations that Significantly Affect Energy Supply, 
Distribution, or Use'' (66 FR 28355, May 22, 2001) because it is not a 
``significant regulatory action'' as defined under Executive Order 
12866.

G. National Technology Transfer and Advancement Act

    Under RCRA section 9004(b), EPA grants a State's application for 
approval as long as the State meets the criteria required by RCRA. It 
would thus be inconsistent with applicable law for EPA, when it reviews 
a State approval application, to require the use of any particular 
voluntary consensus standard in place of another standard that 
otherwise satisfies the requirements of RCRA. Thus, the requirements of 
Section 12(d) of the National Technology Transfer and Advancement Act 
of 1995 (15 U.S.C. 272 note) do not apply.

H. Executive Order 12988: Civil Justice Reform

    As required by Section 3 of Executive Order 12988 (61 FR 4729, 
February 7, 1996), in issuing this rule, EPA has taken the necessary 
steps to eliminate drafting errors and ambiguity, minimize potential 
litigation, and provide a clear legal standard for affected conduct.

I. Executive Order 12630: Governmental Actions and Interference With 
Constitutionally Protected Property Rights

    EPA has complied with Executive Order 12630 (53 FR 8859, March 15, 
1988) by examining the takings implications of the rule in accordance 
with the ``Attorney General's Supplemental Guidelines for the 
Evaluation of Risk and Avoidance of Unanticipated Takings'' issued 
under the executive order.

J. Paperwork Reduction Act

    This rule does not impose an information collection burden under 
the provisions of the Paperwork Reduction Act of 1995 (44 U.S.C. 3501 
et seq.). ``Burden'' is defined at 5 CFR 1320.3(b).

K. Executive Order 12898: Federal Actions To Address Environmental 
Justice in Minority Populations and Low-Income Populations

    Executive Order 12898 (59 FR 7629, February 16, 1994) establishes 
Federal executive policy on environmental justice. Its main provision 
directs Federal agencies, to the greatest extent practicable and 
permitted by law, to make environmental justice part of their mission 
by identifying and addressing, as appropriate, disproportionately high 
and adverse human health or environmental effects of their programs, 
policies, and activities on minority populations and low-income 
populations in the United States. Because this rule approves pre-
existing State rules which are at least equivalent to, and no less 
stringent than existing Federal requirements, and imposes no additional 
requirements beyond those imposed by State law, and there are no 
anticipated significant adverse human health or environmental effects, 
the rule is not subject to Executive Order 12898.

L. Congressional Review Act

    The Congressional Review Act, 5 U.S.C. 801-808, generally provides 
that before a rule may take effect, the agency promulgating the rule 
must submit a rule report, which includes a copy of the rule, to each 
House of the Congress and to the Comptroller General of the United 
States. EPA will submit a report containing this document and other

[[Page 52789]]

required information to the U.S. Senate, the U.S. House of 
Representatives, and the Comptroller General of the United States prior 
to publication in the Federal Register. A major rule cannot take effect 
until 60 days after it is published in the Federal Register. This 
action is not a ``major rule'' as defined by 5 U.S.C. 804(2). However, 
this action will be effective December 2, 2019 because it is a direct 
final rule.

    Authority: This rule is issued under the authority of Sections 
2002(a), 7004(b), and 9004 of the Solid Waste Disposal Act, as 
amended, 42 U.S.C. 6912, 6991c, 6991d, and 6991e.

List of Subjects in 40 CFR Part 282

    Environmental protection, Administrative practice and procedure, 
Confidential business information, Hazardous substances, Incorporation 
by reference, Insurance, Intergovernmental relations, Penalties, 
Petroleum, Reporting and recordkeeping requirements, Surety bonds, 
Water supply.

    Dated: September 13, 2019.
Dennis Deziel,
Regional Administrator, EPA Region 1.

    For the reasons set forth in the preamble, EPA is amending 40 CFR 
part 282 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.  282.69 to read as follows:


Sec.  282.69  Maine State-Administered Program.

    (a) The State of Maine 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 Maine Department Environmental Protection (ME DEP), 
was approved by EPA pursuant to 42 U.S.C. 6991c and 40 CFR part 281. 
EPA approved the Maine program on June 11, 1992, which was effective on 
July 13, 1992.
    (b) Maine has primary responsibility for administering and 
enforcing its federally approved 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 any other applicable 
statutory and regulatory provisions.
    (c) To retain program approval, Maine must revise its approved 
program to adopt new changes to the Federal Subtitle I program which 
makes it more stringent, in accordance with Section 9004 of RCRA, 42 
U.S.C. 6991c and 40 CFR part 281, subpart E. If Maine 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 notification of any change will be 
published in the Federal Register.
    (d) Maine has final approval for the following elements of its 
program application originally submitted to EPA and approved effective 
July 13, 1992, and the program revision application approved by EPA, 
except as it relates to USTs on Indian lands, effective on December 2, 
2019.
    (1) State statutes and regulations--(i) Incorporation by reference. 
The material cited in this paragraph (d)(1)(i), and listed in appendix 
A to this part, is incorporated by reference as part of the underground 
storage tank program under Subtitle I of RCRA, 42 U.S.C. 6991 et seq. 
(See Sec.  282.2 for incorporation by reference approval and inspection 
information.) You may obtain copies of the Maine regulations and 
statutes that are incorporated by reference in this paragraph (d)(1)(i) 
from the Staff to the Board of Underground Storage Tank Installers, 
Maine DEP, 17 SHS, Augusta, ME 04333-0017; Phone number: 207-287-7688; 
Hours: Monday-Friday, 8:00 a.m. to 5:00 p.m.; website for statutes and 
regulations: https://www.maine.gov/dep/waste/ust/lawsrules.html.
    (A) ``Maine Statutory and Regulatory Requirements Applicable to the 
Underground Storage Tank Program, September 2018.''
    (B) [Reserved]
    (ii) Legal basis. EPA evaluated the following statutes and 
regulations which are part of the approved program, but they are not 
being incorporated by reference for enforcement purposes, and do not 
replace Federal authorities:
    (A) The statutory provisions include:
    (1) Maine Revised Statutes, Title 4: Judiciary; Chapter 5: District 
Court; Section 152. District court, Civil jurisdiction; 6-A N. All laws 
administered by the Department of Environmental Protection.
    (2) Maine Revised Statutes, Title 14: Court Procedure--Civil, 
Chapter 711: Equity Proceedings.
    (3) Maine Revised Statutes, Title 17: Crimes, Chapter 91: 
Nuisances, Section 2794. Dumping of oil.
    (4) Maine Revised Statutes Annotated, Title 38. Waters and 
Navigation, Chapter 2. Department of Environmental Protection, 
Subchapter 1. Organization and Powers, Section 342.7. Representation in 
court, Section 342.11-B. Revoke or suspend licenses and permits, 
Section 346. Judicial appeals, Section 347-A. Violations, Section 348. 
Judicial enforcement, and Section 349. Penalties.
    (5) Maine Revised Statutes Annotated, Title 38. Waters and 
Navigation, Chapter 3. Protection and Improvement of Waters, Subchapter 
2-A. Oil Discharge Prevention and Pollution Control, Section 550. 
Enforcement, Penalties.
    (6) Maine Revised Statutes Annotated, Title 38. Waters and 
Navigation, Chapter 3. Protection and Improvement of Waters, Subchapter 
2-B. Oil Storage Facilities and Ground Water Protection, Section 565-A. 
Authority to prohibit product delivery; Section 568.3. Issuance of 
clean-up orders; Section 568.4. Enforcement, penalties, punitive 
damages, Section 570-C. Municipal ordinances, powers limited.
    (7) Maine Revised Statutes Annotated, Title 38. Waters and 
Navigation, Chapter 13-D: Wellhead Protection, Section 1397. 
Enforcement.
    (B) The regulatory provisions include:
    (1) 06-096, Maine Department of Environmental Protection, Chapter 
691, Rule for Underground Oil Storage Facilities: 4.O. Registration of 
Underground Oil Storage Facilities; 5.D.(11)(e) Leak or discharge 
reporting requirements; 12.A.(3) Discharge and leak investigation, 
response and corrective action; 14. Severability.
    (2) The Maine Rules of Civil Procedure, Rule 24. Intervention, Rule 
80K. Land Use Violations.
    (iii) Provisions not incorporated by reference. The following 
specifically identified statutory and regulatory provisions applicable 
to the Maine's UST program 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) Maine Revised Statutes Annotated, Title 38. Waters and 
Navigation, Chapter 3. Protection and Improvement of Waters, Subchapter 
2-A. Oil Discharge Prevention and Pollution Control: Section 551. Maine 
Ground and Surface Waters Clean-up and Response Fund;
    (B) Maine Revised Statutes Annotated, Title 38. Waters and 
Navigation, Chapter 3. Protection and Improvement of Waters, Subchapter 
2-B. Oil Storage Facilities and Ground Water Protection: Section 563. 
9.

[[Page 52790]]

Annual compliance inspection.; Section 564. 5. Mandatory for 
replacement.; Section 565. Regulation of underground oil storage 
facilities used for consumption on the premises or by the owner or 
operator; Section 566-A. 5. Abandonment of underground oil storage 
facilities and tanks; Section 567. Certification of underground tank 
installers; Section 570-I. Budget approval;
    (C) 06-096, Maine Department of Environmental Protection, Chapter 
691, Rule for Underground Oil Storage Facilities: 5.B.(4)(a), (d), (g), 
(h), and (j) General facility installation requirements; 5.B.(5)(b) 
Installation requirements for new and replacement tanks; 5.D.(3)(f) 
Operation and Monitoring Requirements for Galvanic Cathodic Protection 
Systems; 5.D.(6)(b) Overfill and spill prevention; 5.D.(14)(c) Repairs 
other than relining; 5.D.(15)(f) (vii) Financial responsibility 
requirements; 5.D.(17) Annual compliance inspection requirements; 
5.D.(19)(b) Safe excavation requirements; 5.F. Mandatory facility 
closure upon expiration of warranty; 6. Regulation of heating oil 
facilities used for consumption on the premises or by the owner or 
operator; 7.B.(7) Design and installation standards for new and 
replacement facilities; 8.B.(1)(d) and (e) Design and installation 
requirements for new and replacement tanks, 8.B.(4)(b), (d), and (e) 
General installation requirements, 9.B.(4) Installation requirements 
for new and replacement heavy oil facilities, 10.B.(1)(c) General 
design and construction requirements, 10.B.(3)(b), (f), and (h) General 
installation requirements, and 10.D.(2) Operation, maintenance, testing 
and inspection requirements for new, replacement and existing systems.
    (2) Statement of legal authority. The Attorney General's 
Statements, signed by the Attorney General of Maine on December 5, 
1991, and October 12, 2018, 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.
    (3) Demonstration of procedures for adequate enforcement. The 
``Demonstration of Procedures for Adequate Enforcement'' submitted as 
part of the original application on November 27, 1991, and as part of 
the program revision application for approval on October 13, 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 and any other 
material submitted as part of the original application on November 27, 
1991, and as part of the program revision application on October 13, 
2018, 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 1 and the Maine Department of Environmental Protection, 
signed by the EPA Regional Administrator on November 21, 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 amended by revising the entry for Maine to 
read as follows:

Appendix A to Part 282--State Requirements Incorporated by Reference in 
Part 282 of the Code of Federal Regulations

* * * * *

Maine

    (a) The statutory provisions include:

Maine Revised Statutes Annotated, Title 38. Waters and Navigation

1. Chapter 2. Department of Environmental Protection, Subchapter 1. 
Organization and Powers

    Section 341-A. Department of Environmental Protection, Section 
341-H. Departmental rulemaking, Section 342-B. Liability of 
fiduciaries and lenders, Section 343-E. Voluntary response action 
program, Section 347-C. Right of inspection and entry.

2. Chapter 3. Protection and Improvement of Waters, Subchapter 2-A. Oil 
Discharge Prevention and Pollution Control

    Section 541. Findings; purpose, Section 542. Definitions, 
Section 543. Pollution and corruption of waters and lands of the 
State prohibited, Section 548. Removal of prohibited discharges.

3. Chapter 3. Protection and Improvement of Waters, Subchapter 2-B. Oil 
Storage Facilities and Ground Water Protection.

    Section 561. Findings, purpose, Section 562-A. Definitions, 
Section 563. Registration and inspection of underground oil storage 
tanks and piping, except 9., Section 563-A. Prohibition of 
nonconforming underground oil storage facilities and tanks, Section 
563-B. Regulatory powers of department, Section 564. Regulation of 
underground oil storage facilities used to store motor fuels or used 
in the marketing and distribution of oil, except 5., Section 566-A. 
Abandonment of underground oil storage facilities and tanks, Section 
567-A. Certifications, Section 568. Cleanup and removal of 
prohibited discharges, except 3. and 4., Section 568-A. Fund 
coverage requirements, Section 568-B. Clean-up and Response Review 
Board created, Section 569-C. Limited exemption from liability for 
state or local governmental entities, Section 570. Liability, 
Section 570-F. Special provisions, Section 570-K. Aboveground oil 
storage facilities, Section, Section 570-N. Rules, wastewater 
treatment tank systems.

4. Chapter 13-D: Wellhead Protection.

    Section 1391. Declaration of Policy, Section 1392. Definitions, 
Section 1393. Prohibition on installation of facilities in wellhead 
protection zones, Section 1394. Variances, Section 1398. Eligibility 
for Clean-up funds, Section 1399. Municipal authority, Section 1400. 
Rules.
    (b) The regulatory provisions include:
    1. 06-096, Maine Department of Environmental Protection, Chapter 
691, Rule for Underground 4il Storage Facilities: (effective 
September 26, 2018).
    Section 1. Legal Authority, Section 2. Preamble; Section 3. 
Definitions, Section 4. Registration of Underground Storage 
Facilities, except O; Section 5. Regulation of Underground Oil 
Storage Facilities Used to Store Motor Fuels or Used in the 
Marketing and Distribution of Oil, except B. (4)(a), (d), (g), (h), 
and (j); (5)(b); D. (3)(f); (6)(b); (11)(e); (14)(c); (15)(f)(vii); 
(17); (19)(b); and F.; Section 7. Regulation of Facilities for the 
Underground Storage of Waste Oil, except B. (7); Section 8. 
Regulation of Field Constructed Underground Oil Storage Tanks, 
except B. (1)(d) and (e) and (4)(b), (d), and (e); Section 9. 
Regulation of Facilities for the Underground Storage of Heavy Oils, 
except B.; Section 10. Regulation of Airport Hydrant Systems, except 
B. (1)(c); (3)(b), (f), and (h); and D. (2); Section 11. Regulations 
for Closure of Underground Oil Storage Facilities; Section 12. 
Discharge and Leak Investigation, Response and Corrective Action 
Requirements, except A. (3); Section 13. Regulation of Wastewater 
Treatment Tank Systems and Aboveground Oil Storage Tanks, APPENDIX 
A: Requirements for Cathodic Protection Monitoring, APPENDIX B: 
Requirements for Tank, Piping and Containments Sump Tightness Tests, 
APPENDIX C: Requirements for Pneumatic (Air) and other Pre 
installation Tightness Testing, APPENDIX D: Installation 
Requirements Applicable to New and Replacement Tanks, APPENDIX E: 
Installation Requirements for New and Replacement Piping, APPENDIX 
F: Specifications and Requirements for Vertical Ground Water 
Monitoring Wells at Existing Facilities, APPENDIX H: Procedures for 
Weekly Monitoring, Handling, and Obtaining Samples for Laboratory 
Analysis, APPENDIX I: Sample Daily Inventory Reporting Log, APPENDIX 
J: Requirements for Abandonment of Underground Oil Storage Tanks by 
Removal, APPENDIX K: Requirements for Abandonment of Underground Oil 
Storage Tanks by Filling in Place, APPENDIX L: Requirements for 
Underground Oil Storage Tank Processing Facilities, APPENDIX M: 
Cathodic Protection Tester Certification Requirements, APPENDIX N: 
Corrosion Expert Certification Requirements, APPENDIX P: 
Requirements

[[Page 52791]]

for Site Assessment at Facility Closure or Tank Abandonment, 
APPENDIX Q: Characterization and Notification Requirements, APPENDIX 
R: List of National Standards and Codes Cites, APPENDIX S: 
Department Approved Laboratory Analytical Methods and Performance 
Standards for Analysis of Oil and its Constituents in Water, Soil, 
Soil Gas and Indoor Air, APPENDIX T: Containment Sumps & Spill 
Bucket Integrity Testing Protocol & Management of Waste Fluids.
    2. 06-096, Department of Environmental Protection; Chapter 693: 
Operator Training for Underground Oil, Hazardous Substance, and 
Field Constructed Underground Oil Storage Facilities, and Airport 
Hydrant Systems (effective September 26, 2018) only insofar as they 
pertain to the regulation of underground storage tanks in Maine and 
only insofar as they are incorporated by reference and are not 
broader in scope than the Federal requirements.
* * * * *
[FR Doc. 2019-21200 Filed 10-2-19; 8:45 am]
BILLING CODE 6560-50-P