Idaho: Final Approval of State Underground Storage Tank Program Revisions, Codification and Incorporation by Reference, 1277-1282 [2019-27844]
Download as PDF
<![CDATA[
Federal Register / Vol. 85, No. 7 / Friday, January 10, 2020 / Rules and Regulations
257.50(e),5 257.101(a), and
257.71(a)(1)(i). As some commenters
noted, Georgia did not seek approval for
any of the State analogues to the Federal
provisions that were vacated, and EPA
did not propose to approve those
aspects of Georgia’s CCR permit
program. This means that, even after
EPA’s partial program approval of
Georgia’s CCR permit program, owners
and operators of CCR units in Georgia
remain responsible for complying with
any Federal requirements that are
promulgated in response to the D.C.
Circuit’s vacatur of 40 CFR 257.50(e),
257.101(a), and 257.71(a)(1)(i), through
the self-implementing framework of the
Federal CCR regulations. As a
consequence, the Federal provisions
affected by the USWAG decision are
irrelevant to whether the other aspects
of Georgia’s partial CCR permit program
meet the standard for approval.
jbell on DSKJLSW7X2PROD with RULES
IV. Approval of Georgia’s State CCR
Permit Program
Upon signature of this document,
Georgia’s CCR permit program, as
described in its Application and Unit II,
is approved. Because this is a partial
program approval, only the State
requirements that have been approved
will operate in lieu of the analogous
Federal requirements. Accordingly,
owners and operators of CCR units in
Georgia will remain responsible for
compliance with all applicable
requirements in 40 CFR part 257 for
which Georgia did not seek approval,
specifically, 40 CFR 257.3–2
(requirements relevant to Threatened
and Endangered Species) and any
Federal requirements that are
promulgated in response to the D.C.
Circuit’s vacatur of 40 CFR 257.50(e),
257.101(a), and 257.71(a)(1)(i). EPA will
implement such provisions under the
Federal CCR program, until and unless
Georgia submits a revised CCR permit
program application and receives
approval for these provisions. A permit
issued by a state is not a shield for
noncompliance with these part 257
provisions. For any CCR units that have
received permits under Ga. Comp. R.
and Regs. 391–3–4–.10, such permits
will be in effect in lieu of the Federal
40 CFR part 257, subpart D, CCR
regulations, except for those provisions
noted above for which Georgia did not
seek approval. For those CCR units that
are not yet permitted, the Federal
regulations at part 257 will remain in
effect until such time that GA EPD
issues permits under its approved CCR
permit program for those units.
The WIIN Act specifies that EPA will
review a state CCR permit program:
• From time to time, as the
Administrator determines necessary, but
not less frequently than once every 12
years;
• Not later than 3 years after the date
on which the Administrator revises the
applicable criteria for CCR units under
part 257 of title 40, CFR (or successor
regulations promulgated pursuant to
RCRA sections 1008(a)(3) and 4004(a));
• Not later than 1 year after the date
of a significant release (as defined by the
Administrator), that was not authorized
at the time the release occurred, from a
CCR unit located in the state; and
• In request of any other state that
asserts that the soil, groundwater, or
surface water of the state is or is likely
to be adversely affected by a release or
potential release from a CCR unit
located in the state for which the
program was approved.
The WIIN Act also provides that in a
state with an approved CCR permitting
program, the Administrator may
commence an administrative or judicial
enforcement action under section 3008
if:
• The state requests that the
Administrator provide assistance in the
performance of an enforcement action;
or
• After consideration of any other
administrative or judicial enforcement
action involving the CCR unit, the
Administrator determines that an
enforcement action is likely to be
necessary to ensure that the CCR unit is
operating in accordance with the criteria
established under the state’s permit
program.
V. Action
In accordance with 42 U.S.C. 6945(d),
EPA is approving Georgia’s partial CCR
state permit program.
Dated: December 16, 2019.
Andrew R. Wheeler,
Administrator.
[FR Doc. 2019–27665 Filed 1–9–20; 8:45 am]
BILLING CODE 6560–50–P
5 As discussed in Unit II, Georgia regulates
inactive surface impoundments at inactive
facilities, but it did not seek approval of that part
of its CCR permit program.
VerDate Sep<11>2014
15:50 Jan 09, 2020
Jkt 250001
PO 00000
Frm 00011
Fmt 4700
Sfmt 4700
1277
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 282
[EPA–R10–UST–2019–0363; FRL–10003–
28–Region 10]
Idaho: Final Approval of State
Underground Storage Tank Program
Revisions, Codification and
Incorporation by Reference
Environmental Protection
Agency (EPA).
ACTION: Direct final rule.
AGENCY:
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 Idaho’s Underground Storage Tank
(UST) program submitted by the State.
The EPA has determined that these
revisions satisfy all requirements
needed for program approval. This
action also codifies the EPA’s approval
of Idaho’s state program and
incorporates by reference those
provisions of the State’s regulations that
we have determined meet the
requirements for approval. The State’s
federally-authorized and codified UST
program, as revised pursuant to this
action, will remain subject to the 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 March 10,
2020, unless the EPA receives adverse
comment by February 10, 2020. If EPA
receives adverse comment, 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 March 10, 2020, 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
online instructions for submitting
comments.
2. Email: wilder.scott@epa.gov.
3. Mail: Scott Wilder, Region 10,
Enforcement and Compliance Assurance
Division (ECAD 20–CO4), EPA Region
10, 1200 6th Avenue, Suite 155, Seattle,
Washington 98101–3123.
4. Hand Delivery or Courier: Deliver
your comments to Scott Wilder, Region
10, Office of Complince and
Enforcement (OCE), EPA Region 10,
SUMMARY:
E:\FR\FM\10JAR1.SGM
10JAR1
1278
Federal Register / Vol. 85, No. 7 / Friday, January 10, 2020 / Rules and Regulations
1200 6th Avenue, Suite 155, Seattle,
Washington 98101–3123.
Instructions: Submit your comments,
identified by Docket ID No. EPA–R10–
UST–2019–0363, at https://
www.regulations.gov. Follow the online
instructions for submitting comments.
Once submitted, comments cannot be
edited or removed from 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://www2.epa.gov/dockets/
commenting-epa-dockets.
You can view and copy the
documents that form the basis for this
action and associated publicly available
materials from 8:30 a.m. to 4:00 p.m.
Monday through Friday at the following
location: EPA Region 10, 1200 6th
Avenue, Suite 155, Seattle, Washington
98101–3123, phone number (206) 553–
6693. Interested persons wanting to
examine these documents should make
an appointment with the office at least
2 days in advance.
FOR FURTHER INFORMATION CONTACT:
Scott Wilder, (206) 553–6693,
wilder.scott@epa.gov. To inspect the
hard copy materials, please schedule an
appointment with Scott Wilder at (206)
553–6693.
SUPPLEMENTARY INFORMATION:
jbell on DSKJLSW7X2PROD with RULES
I. Approval of Revisions to Idaho’s
Underground Storage Tank Program
A. Why are revisions to state programs
necessary?
States which 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
underground storage tank program.
When the EPA makes revisions to the
regulations that govern the UST
program, states must revise their
VerDate Sep<11>2014
15:50 Jan 09, 2020
Jkt 250001
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 underground storage tank program
and these changes must then be
approved by the EPA.
D. Why is EPA using a direct final rule?
The EPA is publishing this direct final
rule without a prior proposed rule
because we view this as a
noncontroversial action and we
anticipate no adverse comment. Idaho
did not receive substantial comments
during its comment period when the
rules and regulations being considered
in this direct final rule were proposed
at the state level.
B. What decisions has the EPA made in
this rule?
E. What happens if the EPA receives
comments that oppose this action?
Along with this direct final rule, the
EPA is publishing a separate document
in the ‘‘Proposed Rules’’ section of this
Federal Register that serves as the
proposal to approve the State’s UST
program revisions, and provides an
opportunity for public comment. If the
EPA receives comments that oppose this
approval, the EPA will withdraw this
direct final rule by publishing a
document in the Federal Register before
it becomes effective. The EPA will make
any further decision on approval of the
State Application after considering all
comments received during the comment
period. The 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.
On September 19, 2018, in accordance
with 40 CFR 281.51(a), Idaho submitted
a complete program revision application
seeking the EPA approval for its UST
program revisions (State Application).
Idaho’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 from the Governor requesting
program 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
applicable state statutes and regulations.
We have reviewed the State Application
and determined that the revisions to
Idaho’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 Idaho program
provides for adequate enforcement of
compliance (40 CFR 281.11(b)).
Therefore, the EPA grants Idaho final
approval to operate its UST program
with the changes described in the
program revision application, and as
outlined below in Section I.G of this
document.
C. What is the effect of this action on the
regulated community?
This action does not impose
additional requirements on the
regulated community because the
regulations being approved by this rule
are already in effect in the State of
Idaho, and are not changed by this
action. This action merely approves the
existing state regulations as meeting the
Federal requirements and renders them
federally enforceable.
PO 00000
Frm 00012
Fmt 4700
Sfmt 4700
F. For what has Idaho previously been
approved?
On February 28, 2012, the EPA
finalized a rule approving the UST
program that Idaho proposed to
administer in lieu of the Federal UST
program.
G. What changes are we approving with
this action and what standards do we
use for review?
In order to be approved, each state
program application must meet the
general requirements in 40 CFR 281.11,
and 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). This also is true for
proposed revisions to approved state
programs.
As more fully described below, the
State has made the changes to its
approved UST program to reflect the
2015 Federal Revisions. The EPA is
approving the State’s changes because
they are equivalent to, consistent with,
and no less stringent than the Federal
UST program and because the EPA has
confirmed that the Idaho UST program
will continue to provide for adequate
enforcement of compliance as described
E:\FR\FM\10JAR1.SGM
10JAR1
jbell on DSKJLSW7X2PROD with RULES
Federal Register / Vol. 85, No. 7 / Friday, January 10, 2020 / Rules and Regulations
in 40 CFR 281.11(b) and part 281,
subpart D, after this approval.
The Idaho Department of
Environmental Quality (DEQ) is the lead
implementing agency for the UST
program in Idaho, except in Indian
country.
The DEQ continues to have broad
statutory authority to regulate the
installation, operation, maintenance,
and closure of USTs, as well as UST
releases under Idaho Code, Title 39,
Chapter 88, Idaho Underground Storage
Tank Act, Sections 39–8801 through 39–
8813. The Idaho UST Program gets its
enforcement authority from the powers
and duties of the DEQ Director
(Director) found in Title 39, Chapter 1,
Section 39–108. Under Title 39, Chapter
1, Sections 39–108 and Chapter 88,
Section 39–8805, the Director is
authorized to require an owner to
furnish records, conduct monitoring or
testing, and provide access to tanks.
Penalties for non-compliance with
Idaho’s Underground Storage Tank Act
may be assessed under Title 39, Chapter
1, Sections 39–108(5) and 39–8811.
Under Idaho Administrative Code
(IDAPA) 58.01.07.500, a delivery
prohibition tag may be placed on a tank
for failure to install required spill
prevention, overfill protection, leak
detection, or corrosion protection
equipment.
Specific authorities to regulate the
installation, operation, maintenance,
and closure of USTs, as well as UST
releases are found in IDAPA 58.01.07,
Rules Regulating Underground Storage
Tank Systems, as amended effective
March 24, 2017, and Rules of
Administrative Procedure Before the
Board of Environmental Quality are
found under IDAPA 58.01.23.
Compliance monitoring authorities are
found under IDAPA 58.01.07.400, as
amended March 24, 2017. The
aforementioned statutory sections and
regulations satisfy the requirements of
40 CFR 281.40 and 281.41. Idaho has
met the public participation
requirements found in 40 CFR 281.42 by
allowing intervention in the state
enforcement process as provided in the
Idaho Rules of Civil Procedure Rule
24(a).
To qualify for final approval,
revisions to a state’s program must be
‘‘equivalent to, consistent with, and no
less stringent’’ than the 2015 Federal
Revisions. In the 2015 Federal Revisions
the EPA addressed UST 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
VerDate Sep<11>2014
15:50 Jan 09, 2020
Jkt 250001
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. The EPA analyzes
revisions to approved state programs
pursuant to the criteria found in 40 CFR
281.30 through 281.39.
The DEQ has revised its regulations to
help ensure that the State’s UST
program revisions are equivalent to,
consistent with, and no less stringent
than the 2015 Federal Revisions. IDAPA
58.01.07.004 incorporates by reference
the requirements of 40 CFR part 280,
including the requirements added by
the 2015 Federal Revisions, excepting
40 CFR part 280, subpart J (Operator
Training), and provisions such as the
definitions of ‘‘Replaced’’ and ‘‘Underdispenser containment,’’ recordkeeping
requirements for operator training, and
certain limiting date ranges. The State,
therefore, has ensured that the criteria
found in 40 CFR 281.30 through 281.38
are met.
Title 40 CFR 281.39 describes the
state operator training requirements that
must be met in order to be considered
no less stringent than Federal
requirements. Idaho did not incorporate
by reference Federal requirements for
operator training, and has promulgated
and is implementing its own operator
training provisions under IDAPA
58.01.07.300. After a thorough review,
the EPA has determined that Idaho’s
operator training requirements are
equivalent to, consistent with, and no
less stringent than Federal
requirements.
As part of the State Application the
Idaho Attorney General certified that the
State revisions meet the ‘‘no less
stringent’’ criteria in 40 CFR 281.30
through 281.39. The EPA is relying on
this certification in addition to the
analysis submitted by the State in
making its determination.
H. Where are the revised rules different
from the Federal rules?
Broader in Scope Provisions
Where an approved state program has
a greater scope of coverage than
required by Federal law, the additional
coverage is not part of the federallyapproved program and is not federally
enforceable (40 CFR 281.12(a)(3)(ii)).
The following statutory and regulatory
requirements are considered broader in
coverage than the Federal program as
these state-only regulations are not
required by Federal regulation and are
implemented by the State in addition to
the federally-approved program: IDAPA
PO 00000
Frm 00013
Fmt 4700
Sfmt 4700
1279
58.01.07.100 requires secondary
containment and monitoring of any UST
system, including tanks, pipes, and
dispensers, installed or replaced after
February 23, 2007, that is within 1,000
feet of a potable drinking water source.
IDAPA 58.01.07.010.16 requires
secondary containment and monitoring
of replaced piping if 100% of the
piping, excluding connectors, connected
to a single UST is replaced in
accordance with section 9003(i)(1) of
the Solid Waste Disposal. IDAPA
58.01.07.100 requires owners and/or
operators to provide written notice to
the DEQ 30 days prior to installing a
new piping system or a new or
replacement UST and provide 24-hour
notice to the DEQ prior to installing a
replacement piping system. IDAPA
58.01.07.600 requires the DEQ to
maintain a public database providing
details on the status of all USTs subject
to regulation in Idaho. IDAPA
58.01.07.601 requires all regulated USTs
to pay annual fees. IDAPA 58.01.07.200
requires owners or operators to report
the source and cause of a release to the
DEQ.
More Stringent Provisions
Where an approved state program
includes requirements that are
considered more stringent than required
by Federal law, the more stringent
requirements become part of the
federally-approved program (40 CFR
281.12(a)(3)). IDAPA 58.01.07.004.04
specifies that the State’s rules ‘‘shall be
no more stringent than federal law or
regulations governing underground
storage tank systems.’’
I. How does this action affect Indian
country (18 U.S.C. 1151) in Idaho?
The EPA’s approval of Idaho’s
Program does not extend to Indian
country as defined in 18 U.S.C. 1151.
Indian country generally includes lands
within the exterior boundaries of the
following Indian reservations located
within Idaho: Coeur D’Alene Tribe,
Kootenai Tribe of Idaho, Nez Perce
Tribe, Shoshone-Bannock Tribes of the
Fort Hall Reservation; any land held in
trust by the United States for an Indian
tribe; and any other areas that are
‘‘Indian country’’ within the meaning of
18 U.S.C. 1151. Any lands removed
from an Indian reservation status by
Federal court action are not considered
reservation lands even if located within
the exterior boundaries of an Indian
reservation. The EPA will retain
responsibilities under RCRA for
underground storage tanks in Indian
country. Therefore, this action has no
effect in Indian country. 40 CFR
281.12(a)(2).
E:\FR\FM\10JAR1.SGM
10JAR1
1280
Federal Register / Vol. 85, No. 7 / Friday, January 10, 2020 / Rules and Regulations
II. Codification
jbell on DSKJLSW7X2PROD with RULES
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
regulations that the EPA will enforce
under sections 9005 and 9006 of RCRA
and any other applicable statutory
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 codification decisions have we
made in this rule?
In this rule, we are finalizing the
Federal regulatory text that incorporates
by reference the federally-authorized
Idaho UST Program. In accordance with
the requirements of 1 CFR 51.5, we are
finalizing the incorporation by reference
of the Idaho rules 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 https://
www.regulations.gov and at the EPA
Region 10 office (see the ADDRESSES
section of this preamble for more
information).
One purpose of this Federal Register
document is to codify Idaho’s approved
UST program. The codification reflects
the State program that would be in
effect at the time the EPA’s approved
revisions to the Idaho UST program
addressed in this direct final rule
become final. If, however, the EPA
receives substantive comment on the
proposed rule then this codification will
not take effect, and the State rules that
are approved after the EPA considers
public comment will be codified
instead. By codifying the approved
Idaho program and by amending the
Code of Federal Regulations (CFR), the
public will more easily be able to
discern the status of the federallyapproved requirements of the Idaho
program.
The EPA is incorporating by reference
the Idaho approved UST program in 40
CFR 282.62. Section 282.62(d)(1)(ii)(B)
incorporates by reference for
enforcement purposes the State’s
VerDate Sep<11>2014
15:50 Jan 09, 2020
Jkt 250001
relevant statutes and regulations.
Section 282.62 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.
C. What is the effect of EPA’s
codification of the federally-authorized
State 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
Idaho, the EPA will rely on Federal
sanctions, Federal inspection
authorities, and other Federal
procedures rather than the State
analogs. Therefore, though the EPA has
approved the State procedures listed in
40 CFR 282.62(d)(1)(ii), the EPA is not
incorporating by reference Idaho’s
procedural and enforcement authorities.
D. 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 federallyapproved State program. Such
provisions are not part of the RCRA
subtitle I program because they are
‘‘broader in coverage’’ than subtitle I of
RCRA. Title 40 CFR 281.12(a)(3)(ii)
states that where a state operates an
approved program with a greater scope
of coverage than the Federal program,
those provisions creating greater
coverage are not a part of the federallyapproved program. As a result, State
provisions which are ‘‘broader in
coverage’’ than the Federal program are
not incorporated by reference for
purposes of enforcement in part 282.
Title 40 CFR 282.62(d)(1)(iii) lists for
reference and clarity the Idaho statutory
and regulatory provisions which are
‘‘broader in coverage’’ than the Federal
program and which are not, therefore,
part of the approved program being
codified in this rule. Provisions that are
‘‘broader in coverage’’ cannot be
enforced by EPA; the State, however,
will continue to implement and enforce
such provisions under State law.
III. Statutory and Executive Order
(E.O.) Reviews
This action only applies to Idaho’s
UST Program requirements pursuant to
RCRA Section 9004 and imposes no
PO 00000
Frm 00014
Fmt 4700
Sfmt 4700
requirements other than those imposed
by State law. It complies with
applicable EOs 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, Oct. 4, 1993) and
13563 (76 FR 3821, Jan. 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 Idaho’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). For the same
reason, 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,
Aug. 10, 1999), because it merely
approves and codifies state
requirements as part of the State RCRA
E:\FR\FM\10JAR1.SGM
10JAR1
Federal Register / Vol. 85, No. 7 / Friday, January 10, 2020 / Rules and Regulations
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,
Apr. 23, 1997), because it is not
economically significant, as defined in
Executive Order 12866, and because the
EPA does not believe the environmental
health or safety risks addressed by this
action present a disproportionate risk to
children.
F. Executive Order 13211: Actions That
Significantly Affect Energy Supply,
Distribution, or Use
This rule is not subject to Executive
Order 13211 (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), the 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 the
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, 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.
jbell on DSKJLSW7X2PROD with RULES
I. Executive Order 12630: Governmental
Actions and Interference With
Constitutionally Protected Property
Rights
The EPA has complied with Executive
Order 12630 (53 FR 8859, Mar. 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.
VerDate Sep<11>2014
15:50 Jan 09, 2020
Jkt 250001
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,
Feb. 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, consistent with, 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. The EPA will submit a
report containing this document and
other 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
March 10, 2020 because it is a direct
final rule.
Authority: This rule is issued under the
authority of Sections 2002(a), 7004(b), and
9004, 9005 and 9006 of the Solid Waste
Disposal Act, as amended, 42 U.S.C. 6912(a),
6974(b), and 6991c, 6991d, and 6991e.
List of Subjects in 40 CFR Part 282
Environmental protection,
Administrative practice and procedure,
Hazardous substances, Incorporation by
PO 00000
Frm 00015
Fmt 4700
Sfmt 4700
1281
reference, State program approval,
Underground storage tanks.
Dated: November 27, 2019.
Chris Hladick,
Regional Administrator, EPA Region 10.
For the reasons set forth in the
preamble, EPA is amending 40 CFR part
282 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. Add § 282.62 to read as follows:
§ 282.62 Idaho State-Administered
Program.
(a) History of the approval of Idaho’s
Program. The State of Idaho 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
Idaho Department of Environmental
Quality (DEQ), was approved by EPA
pursuant to 42 U.S.C. 6991c and part
281 of this chapter. The EPA published
the notice of final determination
approving the Idaho underground
storage tank base program effective on
February 28, 2012. A subsequent
program revision application was
approved by EPA and became effective
on March 10, 2020.
(b) Enforcement authority. Idaho has
primary responsibility for administering
and enforcing its federally-approved
underground storage tank program.
However, the 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) Retention of program approval. To
retain program approval, Idaho 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 Idaho obtains approval
for the revised requirements pursuant to
section 9004 of RCRA, 42 U.S.C. 6991c,
the newly approved statutory and
regulatory provisions will be added to
this subpart and notice of any change
will be published in the Federal
Register.
E:\FR\FM\10JAR1.SGM
10JAR1
jbell on DSKJLSW7X2PROD with RULES
1282
Federal Register / Vol. 85, No. 7 / Friday, January 10, 2020 / Rules and Regulations
(d) Final approval. Idaho has final
approval for the following elements of
its program application originally
submitted to EPA and approved,
effective February 28, 2012, and the
program revision application approved
by EPA effective on March 10, 2020:
(1) State statutes and regulations—(i)
Incorporation by reference. The
materials cited in this paragraph (d)(1)
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 Idaho provisions
that are incorporated by reference in
this paragraph (d)(1)(i) from Idaho’s
Office of Administrative Rules
Coordinator, P.O. Box 83720, Boise,
Idaho 83720; Phone number: 208–332–
1820; website: https://
adminrules.idaho.gov/. You may
inspect all approved material at the EPA
Region 10 office, 1200 Sixth Avenue,
Seattle, Washington 98101, phone
number (206) 553–6693, or the National
Archives and Records Administration
(NARA). For information on the
availability of the material at NARA,
email fedreg.legal@nara.gov or go to
https://www.archives.gov/federalregister/cfr/ibr-locations.
(A) Idaho Statutory Requirements
Applicable to the Underground Storage
Tank Program, September 2018.
(B) Idaho Regulatory Requirements
Applicable to the Underground Storage
Tank Program, September 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) The statutory provisions include:
(1) Idaho Code, Title 39, ‘‘Health and
Safety,’’ Chapter 1, ‘‘Environmental
Quality—Health,’’ Sections 39–108 and
–109.
(2) Idaho Code, Title 39, ‘‘Healthy and
Safety,’’ Chapter 88, ‘‘Idaho
Underground Storage Tank Act.’’ The
following Sections are part of the
approved State program, although not
incorporated by reference in this part for
enforcement purposes: Sections 39–
8805, –8808, –8810, and –8811.
(B) The regulatory provisions include:
(1) Idaho Administrative Code 58
(April 1, 2018), Title 01, Chapter 02,
‘‘Water Quality Standards,’’ Sections
851 and 852.
(2) Idaho Administrative Code 58
(April 1, 2018), Title 01, Chapter 07,
VerDate Sep<11>2014
15:50 Jan 09, 2020
Jkt 250001
‘‘Rules Regulating Underground Storage
Tank Systems.’’ The following Sections
are part of the approved State program,
although not incorporated by reference
in this part for enforcement purposes:
Sections 004.01, 400.01 and .03, 500,
and 600.
(3) Idaho Rules of Civil Procedure,
Rule 24(a).
(iii) Provisions not incorporated by
reference. The following specifically
identified sections and rules applicable
to the Idaho underground storage tank
program that are broader in coverage
than the Federal program, are not part
of the approved program, and are not
incorporated by reference in this part for
enforcement purposes:
(A) Idaho Administrative Code 58
(April 1, 2018), Title 01, Chapter 07,
‘‘Rules Regulating Underground Storage
Tank Systems,’’ Sections 010.16, 100.01
and .03, 200, 600, and 601.
(B) [Reserved]
(2) Statement of legal authority. The
Attorney General’s Statement, signed by
the Deputy Attorney General of the State
of Idaho on August 23, 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 the program revision application
for approval on September 19, 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 program
revision application for approval on
September 19, 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 10 and the Idaho
Department of Environmental Quality,
signed by the EPA Regional
Administrator on March 19, 2019,
though not incorporated by reference, is
referenced as part of the approved
underground storage tank program
under subtitle I of RCRA, 42 U.S.C. 6991
et seq.
■ 3. Appendix A to part 282 is amended
by adding an entry for ‘‘Idaho’’ in
alphabetical order by State to read as
follows:
PO 00000
Frm 00016
Fmt 4700
Sfmt 4700
Appendix A to Part 282—State
Requirements Incorporated by
Reference in Part 282 of the Code of
Federal Regulations
*
*
*
*
*
Idaho
(a) The statutory provisions include:
(1) Idaho Code, Title 39, ‘‘Health and
Safety,’’ Chapter 1, ‘‘Environmental
Quality—Health’’: Section 39–103,
‘‘Definitions,’’ 39–103(3), (6), (7), (11), (12),
(15)–(18); Section 39–107, ‘‘Board—
Composition—Officers—Compensation—
Powers—Subpoena—Depositions—Review—
Rules,’’ 39–107(7).
(2) Idaho Code, Title 39, ‘‘Health and
Safety,’’ Chapter 88, ‘‘Idaho Underground
Storage Tank Act’’: Sections 39–8803,
‘‘Definitions,’’ –8804, ‘‘Program Scope,’’
–8805, ‘‘Rules Governing Underground
Storage Tank Systems,’’ –8805A,
‘‘Compliance Dates for Certain Rules,’’ –8806,
‘‘Additional Measures to Protect Ground
Water,’’ –8807, ‘‘Operator Training,’’ –8808,
‘‘Inspections,’’ –8809, ‘‘Delivery
Prohibition,’’ and –8810, ‘‘Underground
Storage Tank Database.’’
(b) The regulatory provisions include:
(1) Idaho Administrative Code 58, Title 01,
Chapter 07:
Section 004 Incorporation by Reference;
Section 010 Definitions (except 010.16,
defining ‘‘Replace’’);
Section 100 Additional Measures to Protect
Ground Water from Contamination (except
100.01–.03);
Section 101 Alternative Periodic Testing of
Containment Sumps Used for Interstitial
Monitoring of Piping;
Section 300 Training Requirements.
(2) Idaho Administrative Code 58, Title 01,
Chapter 24.
(c) Copies of the Idaho provisions that are
incorporated by reference are available from
Idaho’s Office of Administrative Rules
Coordinator, P.O. Box 83720, Boise, ID
83720; Phone number: 208–332–1820;
website: https://adminrules.idaho.gov/.
*
*
*
*
*
[FR Doc. 2019–27844 Filed 1–9–20; 8:45 am]
BILLING CODE 6560–50–P
DEPARTMENT OF THE INTERIOR
43 CFR Part 2
[BSEE–2016–0001; 201E1700D2
EECC000000 ET1EX0000.G40000]
RIN 1014–AA41
Privacy Act Regulations; Exemptions
for the Investigations Case
Management System
Bureau of Safety and
Environmental Enforcement, Interior.
ACTION: Final rule.
AGENCY:
The Department of the
Interior is issuing a final rule to amend
its regulations to exempt certain records
SUMMARY:
E:\FR\FM\10JAR1.SGM
10JAR1
]]>Agencies
[Federal Register Volume 85, Number 7 (Friday, January 10, 2020)]
[Rules and Regulations]
[Pages 1277-1282]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-27844]
-----------------------------------------------------------------------
ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 282
[EPA-R10-UST-2019-0363; FRL-10003-28-Region 10]
Idaho: Final Approval of State Underground Storage Tank Program
Revisions, Codification and Incorporation by Reference
AGENCY: Environmental Protection Agency (EPA).
ACTION: Direct final rule.
-----------------------------------------------------------------------
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 Idaho's Underground
Storage Tank (UST) program submitted by the State. The EPA has
determined that these revisions satisfy all requirements needed for
program approval. This action also codifies the EPA's approval of
Idaho's state program and incorporates by reference those provisions of
the State's regulations that we have determined meet the requirements
for approval. The State's federally-authorized and codified UST
program, as revised pursuant to this action, will remain subject to the
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 March 10, 2020, unless the EPA receives
adverse comment by February 10, 2020. If EPA receives adverse comment,
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 March 10, 2020, 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 online instructions for submitting comments.
2. Email: [email protected].
3. Mail: Scott Wilder, Region 10, Enforcement and Compliance
Assurance Division (ECAD 20-CO4), EPA Region 10, 1200 6th Avenue, Suite
155, Seattle, Washington 98101-3123.
4. Hand Delivery or Courier: Deliver your comments to Scott Wilder,
Region 10, Office of Complince and Enforcement (OCE), EPA Region 10,
[[Page 1278]]
1200 6th Avenue, Suite 155, Seattle, Washington 98101-3123.
Instructions: Submit your comments, identified by Docket ID No.
EPA-R10-UST-2019-0363, at https://www.regulations.gov. Follow the
online instructions for submitting comments. Once submitted, comments
cannot be edited or removed from 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://www2.epa.gov/dockets/commenting-epa-dockets.
You can view and copy the documents that form the basis for this
action and associated publicly available materials from 8:30 a.m. to
4:00 p.m. Monday through Friday at the following location: EPA Region
10, 1200 6th Avenue, Suite 155, Seattle, Washington 98101-3123, phone
number (206) 553-6693. Interested persons wanting to examine these
documents should make an appointment with the office at least 2 days in
advance.
FOR FURTHER INFORMATION CONTACT: Scott Wilder, (206) 553-6693,
[email protected]. To inspect the hard copy materials, please
schedule an appointment with Scott Wilder at (206) 553-6693.
SUPPLEMENTARY INFORMATION:
I. Approval of Revisions to Idaho's Underground Storage Tank Program
A. Why are revisions to state programs necessary?
States which 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 underground storage tank
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 underground
storage tank program and these changes must then be approved by the
EPA.
B. What decisions has the EPA made in this rule?
On September 19, 2018, in accordance with 40 CFR 281.51(a), Idaho
submitted a complete program revision application seeking the EPA
approval for its UST program revisions (State Application). Idaho'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 from the Governor requesting program
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 applicable state statutes and
regulations. We have reviewed the State Application and determined that
the revisions to Idaho'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 Idaho program provides
for adequate enforcement of compliance (40 CFR 281.11(b)). Therefore,
the EPA grants Idaho final approval to operate its UST program with the
changes described in the program revision application, and as outlined
below in Section I.G of this document.
C. What is the effect of this action on the regulated community?
This action does not impose additional requirements on the
regulated community because the regulations being approved by this rule
are already in effect in the State of Idaho, and 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?
The EPA is publishing this direct final rule without a prior
proposed rule because we view this as a noncontroversial action and we
anticipate no adverse comment. Idaho did not receive substantial
comments during its comment period when the rules and regulations being
considered in this direct final rule were proposed at the state level.
E. What happens if the EPA receives comments that oppose this action?
Along with this direct final rule, the EPA is publishing a separate
document in the ``Proposed Rules'' section of this Federal Register
that serves as the proposal to approve the State's UST program
revisions, and provides an opportunity for public comment. If the EPA
receives comments that oppose this approval, the EPA will withdraw this
direct final rule by publishing a document in the Federal Register
before it becomes effective. The EPA will make any further decision on
approval of the State Application after considering all comments
received during the comment period. The 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 Idaho previously been approved?
On February 28, 2012, the EPA finalized a rule approving the UST
program that Idaho proposed to administer in lieu of the Federal UST
program.
G. What changes are we approving with this action and what standards do
we use for review?
In order to be approved, each state program application must meet
the general requirements in 40 CFR 281.11, and 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). This also is true for proposed revisions to
approved state programs.
As more fully described below, the State has made the changes to
its approved UST program to reflect the 2015 Federal Revisions. The EPA
is approving the State's changes because they are equivalent to,
consistent with, and no less stringent than the Federal UST program and
because the EPA has confirmed that the Idaho UST program will continue
to provide for adequate enforcement of compliance as described
[[Page 1279]]
in 40 CFR 281.11(b) and part 281, subpart D, after this approval.
The Idaho Department of Environmental Quality (DEQ) is the lead
implementing agency for the UST program in Idaho, except in Indian
country.
The DEQ continues to have broad statutory authority to regulate the
installation, operation, maintenance, and closure of USTs, as well as
UST releases under Idaho Code, Title 39, Chapter 88, Idaho Underground
Storage Tank Act, Sections 39-8801 through 39-8813. The Idaho UST
Program gets its enforcement authority from the powers and duties of
the DEQ Director (Director) found in Title 39, Chapter 1, Section 39-
108. Under Title 39, Chapter 1, Sections 39-108 and Chapter 88, Section
39-8805, the Director is authorized to require an owner to furnish
records, conduct monitoring or testing, and provide access to tanks.
Penalties for non-compliance with Idaho's Underground Storage Tank Act
may be assessed under Title 39, Chapter 1, Sections 39-108(5) and 39-
8811. Under Idaho Administrative Code (IDAPA) 58.01.07.500, a delivery
prohibition tag may be placed on a tank for failure to install required
spill prevention, overfill protection, leak detection, or corrosion
protection equipment.
Specific authorities to regulate the installation, operation,
maintenance, and closure of USTs, as well as UST releases are found in
IDAPA 58.01.07, Rules Regulating Underground Storage Tank Systems, as
amended effective March 24, 2017, and Rules of Administrative Procedure
Before the Board of Environmental Quality are found under IDAPA
58.01.23. Compliance monitoring authorities are found under IDAPA
58.01.07.400, as amended March 24, 2017. The aforementioned statutory
sections and regulations satisfy the requirements of 40 CFR 281.40 and
281.41. Idaho has met the public participation requirements found in 40
CFR 281.42 by allowing intervention in the state enforcement process as
provided in the Idaho Rules of Civil Procedure Rule 24(a).
To qualify for final approval, revisions to a state's program must
be ``equivalent to, consistent with, and no less stringent'' than the
2015 Federal Revisions. In the 2015 Federal Revisions the EPA addressed
UST 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. The EPA analyzes
revisions to approved state programs pursuant to the criteria found in
40 CFR 281.30 through 281.39.
The DEQ has revised its regulations to help ensure that the State's
UST program revisions are equivalent to, consistent with, and no less
stringent than the 2015 Federal Revisions. IDAPA 58.01.07.004
incorporates by reference the requirements of 40 CFR part 280,
including the requirements added by the 2015 Federal Revisions,
excepting 40 CFR part 280, subpart J (Operator Training), and
provisions such as the definitions of ``Replaced'' and ``Under-
dispenser containment,'' recordkeeping requirements for operator
training, and certain limiting date ranges. The State, therefore, has
ensured that the criteria found in 40 CFR 281.30 through 281.38 are
met.
Title 40 CFR 281.39 describes the state operator training
requirements that must be met in order to be considered no less
stringent than Federal requirements. Idaho did not incorporate by
reference Federal requirements for operator training, and has
promulgated and is implementing its own operator training provisions
under IDAPA 58.01.07.300. After a thorough review, the EPA has
determined that Idaho's operator training requirements are equivalent
to, consistent with, and no less stringent than Federal requirements.
As part of the State Application the Idaho Attorney General
certified that the State revisions meet the ``no less stringent''
criteria in 40 CFR 281.30 through 281.39. The EPA is relying on this
certification in addition to the analysis submitted by the State in
making its determination.
H. Where are the revised rules different from the Federal rules?
Broader in Scope Provisions
Where an approved state program has a greater scope of coverage
than required by Federal law, the additional coverage is not part of
the federally-approved program and is not federally enforceable (40 CFR
281.12(a)(3)(ii)). The following statutory and regulatory requirements
are considered broader in coverage than the Federal program as these
state-only regulations are not required by Federal regulation and are
implemented by the State in addition to the federally-approved program:
IDAPA 58.01.07.100 requires secondary containment and monitoring of any
UST system, including tanks, pipes, and dispensers, installed or
replaced after February 23, 2007, that is within 1,000 feet of a
potable drinking water source. IDAPA 58.01.07.010.16 requires secondary
containment and monitoring of replaced piping if 100% of the piping,
excluding connectors, connected to a single UST is replaced in
accordance with section 9003(i)(1) of the Solid Waste Disposal. IDAPA
58.01.07.100 requires owners and/or operators to provide written notice
to the DEQ 30 days prior to installing a new piping system or a new or
replacement UST and provide 24-hour notice to the DEQ prior to
installing a replacement piping system. IDAPA 58.01.07.600 requires the
DEQ to maintain a public database providing details on the status of
all USTs subject to regulation in Idaho. IDAPA 58.01.07.601 requires
all regulated USTs to pay annual fees. IDAPA 58.01.07.200 requires
owners or operators to report the source and cause of a release to the
DEQ.
More Stringent Provisions
Where an approved state program includes requirements that are
considered more stringent than required by Federal law, the more
stringent requirements become part of the federally-approved program
(40 CFR 281.12(a)(3)). IDAPA 58.01.07.004.04 specifies that the State's
rules ``shall be no more stringent than federal law or regulations
governing underground storage tank systems.''
I. How does this action affect Indian country (18 U.S.C. 1151) in
Idaho?
The EPA's approval of Idaho's Program does not extend to Indian
country as defined in 18 U.S.C. 1151. Indian country generally includes
lands within the exterior boundaries of the following Indian
reservations located within Idaho: Coeur D'Alene Tribe, Kootenai Tribe
of Idaho, Nez Perce Tribe, Shoshone-Bannock Tribes of the Fort Hall
Reservation; any land held in trust by the United States for an Indian
tribe; and any other areas that are ``Indian country'' within the
meaning of 18 U.S.C. 1151. Any lands removed from an Indian reservation
status by Federal court action are not considered reservation lands
even if located within the exterior boundaries of an Indian
reservation. The EPA will retain responsibilities under RCRA for
underground storage tanks in Indian country. Therefore, this action has
no effect in Indian country. 40 CFR 281.12(a)(2).
[[Page 1280]]
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 regulations that the EPA will enforce
under sections 9005 and 9006 of RCRA and any other applicable statutory
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 codification decisions have we made in this rule?
In this rule, we are finalizing the Federal regulatory text that
incorporates by reference the federally-authorized Idaho UST Program.
In accordance with the requirements of 1 CFR 51.5, we are finalizing
the incorporation by reference of the Idaho rules 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
https://www.regulations.gov and at the EPA Region 10 office (see the
ADDRESSES section of this preamble for more information).
One purpose of this Federal Register document is to codify Idaho's
approved UST program. The codification reflects the State program that
would be in effect at the time the EPA's approved revisions to the
Idaho UST program addressed in this direct final rule become final. If,
however, the EPA receives substantive comment on the proposed rule then
this codification will not take effect, and the State rules that are
approved after the EPA considers public comment will be codified
instead. By codifying the approved Idaho program and by amending the
Code of Federal Regulations (CFR), the public will more easily be able
to discern the status of the federally-approved requirements of the
Idaho program.
The EPA is incorporating by reference the Idaho approved UST
program in 40 CFR 282.62. Section 282.62(d)(1)(ii)(B) incorporates by
reference for enforcement purposes the State's relevant statutes and
regulations. Section 282.62 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.
C. What is the effect of EPA's codification of the federally-authorized
State 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
Idaho, the EPA will rely on Federal sanctions, Federal inspection
authorities, and other Federal procedures rather than the State
analogs. Therefore, though the EPA has approved the State procedures
listed in 40 CFR 282.62(d)(1)(ii), the EPA is not incorporating by
reference Idaho's procedural and enforcement authorities.
D. 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 coverage'' than subtitle I of RCRA. Title
40 CFR 281.12(a)(3)(ii) states that where a state operates an approved
program with a greater scope of coverage than the Federal program,
those provisions creating greater coverage are not a part of the
federally-approved program. As a result, State provisions which are
``broader in coverage'' than the Federal program are not incorporated
by reference for purposes of enforcement in part 282. Title 40 CFR
282.62(d)(1)(iii) lists for reference and clarity the Idaho statutory
and regulatory provisions which are ``broader in coverage'' than the
Federal program and which are not, therefore, part of the approved
program being codified in this rule. Provisions that are ``broader in
coverage'' cannot be enforced by EPA; the State, however, will continue
to implement and enforce such provisions under State law.
III. Statutory and Executive Order (E.O.) Reviews
This action only applies to Idaho's UST Program requirements
pursuant to RCRA Section 9004 and imposes no requirements other than
those imposed by State law. It complies with applicable EOs and
statutory provisions as follows:
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, Oct. 4,
1993) and 13563 (76 FR 3821, Jan. 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 Idaho'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). For the same reason, 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, Aug. 10, 1999), because it merely approves and codifies state
requirements as part of the State RCRA
[[Page 1281]]
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, Apr. 23, 1997), because it is not economically significant, as
defined in Executive Order 12866, and because the EPA does not believe
the environmental health or safety risks addressed by this action
present a disproportionate risk to children.
F. Executive Order 13211: Actions That Significantly Affect Energy
Supply, Distribution, or Use
This rule is not subject to Executive Order 13211 (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), the 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 the 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, 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.
I. Executive Order 12630: Governmental Actions and Interference With
Constitutionally Protected Property Rights
The EPA has complied with Executive Order 12630 (53 FR 8859, Mar.
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, Feb. 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, consistent with,
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. The EPA will submit a report containing this document and other
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 March 10, 2020 because it is a direct
final rule.
Authority: This rule is issued under the authority of Sections
2002(a), 7004(b), and 9004, 9005 and 9006 of the Solid Waste
Disposal Act, as amended, 42 U.S.C. 6912(a), 6974(b), and 6991c,
6991d, and 6991e.
List of Subjects in 40 CFR Part 282
Environmental protection, Administrative practice and procedure,
Hazardous substances, Incorporation by reference, State program
approval, Underground storage tanks.
Dated: November 27, 2019.
Chris Hladick,
Regional Administrator, EPA Region 10.
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. Add Sec. 282.62 to read as follows:
Sec. 282.62 Idaho State-Administered Program.
(a) History of the approval of Idaho's Program. The State of Idaho
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 Idaho
Department of Environmental Quality (DEQ), was approved by EPA pursuant
to 42 U.S.C. 6991c and part 281 of this chapter. The EPA published the
notice of final determination approving the Idaho underground storage
tank base program effective on February 28, 2012. A subsequent program
revision application was approved by EPA and became effective on March
10, 2020.
(b) Enforcement authority. Idaho has primary responsibility for
administering and enforcing its federally-approved underground storage
tank program. However, the 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) Retention of program approval. To retain program approval,
Idaho 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 Idaho obtains approval for the revised requirements
pursuant to section 9004 of RCRA, 42 U.S.C. 6991c, the newly approved
statutory and regulatory provisions will be added to this subpart and
notice of any change will be published in the Federal Register.
[[Page 1282]]
(d) Final approval. Idaho has final approval for the following
elements of its program application originally submitted to EPA and
approved, effective February 28, 2012, and the program revision
application approved by EPA effective on March 10, 2020:
(1) State statutes and regulations--(i) Incorporation by reference.
The materials cited in this paragraph (d)(1) 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 Idaho
provisions that are incorporated by reference in this paragraph
(d)(1)(i) from Idaho's Office of Administrative Rules Coordinator, P.O.
Box 83720, Boise, Idaho 83720; Phone number: 208-332-1820; website:
https://adminrules.idaho.gov/. You may inspect all approved material at
the EPA Region 10 office, 1200 Sixth Avenue, Seattle, Washington 98101,
phone number (206) 553-6693, or the National Archives and Records
Administration (NARA). For information on the availability of the
material at NARA, email [email protected] or go to https://www.archives.gov/federal-register/cfr/ibr-locations.
(A) Idaho Statutory Requirements Applicable to the Underground
Storage Tank Program, September 2018.
(B) Idaho Regulatory Requirements Applicable to the Underground
Storage Tank Program, September 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) The statutory provisions include:
(1) Idaho Code, Title 39, ``Health and Safety,'' Chapter 1,
``Environmental Quality--Health,'' Sections 39-108 and -109.
(2) Idaho Code, Title 39, ``Healthy and Safety,'' Chapter 88,
``Idaho Underground Storage Tank Act.'' The following Sections are part
of the approved State program, although not incorporated by reference
in this part for enforcement purposes: Sections 39-8805, -8808, -8810,
and -8811.
(B) The regulatory provisions include:
(1) Idaho Administrative Code 58 (April 1, 2018), Title 01, Chapter
02, ``Water Quality Standards,'' Sections 851 and 852.
(2) Idaho Administrative Code 58 (April 1, 2018), Title 01, Chapter
07, ``Rules Regulating Underground Storage Tank Systems.'' The
following Sections are part of the approved State program, although not
incorporated by reference in this part for enforcement purposes:
Sections 004.01, 400.01 and .03, 500, and 600.
(3) Idaho Rules of Civil Procedure, Rule 24(a).
(iii) Provisions not incorporated by reference. The following
specifically identified sections and rules applicable to the Idaho
underground storage tank program that are broader in coverage than the
Federal program, are not part of the approved program, and are not
incorporated by reference in this part for enforcement purposes:
(A) Idaho Administrative Code 58 (April 1, 2018), Title 01, Chapter
07, ``Rules Regulating Underground Storage Tank Systems,'' Sections
010.16, 100.01 and .03, 200, 600, and 601.
(B) [Reserved]
(2) Statement of legal authority. The Attorney General's Statement,
signed by the Deputy Attorney General of the State of Idaho on August
23, 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 the program revision application for approval on September 19,
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 program revision application for
approval on September 19, 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 10 and the Idaho Department of Environmental Quality, signed
by the EPA Regional Administrator on March 19, 2019, 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 adding an entry for ``Idaho''
in alphabetical order by State to read as follows:
Appendix A to Part 282--State Requirements Incorporated by Reference in
Part 282 of the Code of Federal Regulations
* * * * *
Idaho
(a) The statutory provisions include:
(1) Idaho Code, Title 39, ``Health and Safety,'' Chapter 1,
``Environmental Quality--Health'': Section 39-103, ``Definitions,''
39-103(3), (6), (7), (11), (12), (15)-(18); Section 39-107,
``Board--Composition--Officers--Compensation--Powers--Subpoena--
Depositions--Review--Rules,'' 39-107(7).
(2) Idaho Code, Title 39, ``Health and Safety,'' Chapter 88,
``Idaho Underground Storage Tank Act'': Sections 39-8803,
``Definitions,'' -8804, ``Program Scope,'' -8805, ``Rules Governing
Underground Storage Tank Systems,'' -8805A, ``Compliance Dates for
Certain Rules,'' -8806, ``Additional Measures to Protect Ground
Water,'' -8807, ``Operator Training,'' -8808, ``Inspections,'' -
8809, ``Delivery Prohibition,'' and -8810, ``Underground Storage
Tank Database.''
(b) The regulatory provisions include:
(1) Idaho Administrative Code 58, Title 01, Chapter 07:
Section 004 Incorporation by Reference;
Section 010 Definitions (except 010.16, defining ``Replace'');
Section 100 Additional Measures to Protect Ground Water from
Contamination (except 100.01-.03);
Section 101 Alternative Periodic Testing of Containment Sumps
Used for Interstitial Monitoring of Piping;
Section 300 Training Requirements.
(2) Idaho Administrative Code 58, Title 01, Chapter 24.
(c) Copies of the Idaho provisions that are incorporated by
reference are available from Idaho's Office of Administrative Rules
Coordinator, P.O. Box 83720, Boise, ID 83720; Phone number: 208-332-
1820; website: https://adminrules.idaho.gov/.
* * * * *
[FR Doc. 2019-27844 Filed 1-9-20; 8:45 am]
BILLING CODE 6560-50-P
