Commonwealth of Kentucky: Final Approval of State Underground Storage Tank Program, 57754-57756 [2020-18567]
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57754
Federal Register / Vol. 85, No. 180 / Wednesday, September 16, 2020 / Rules and Regulations
Since tolerances and exemptions that
are established on the basis of a petition
under FFDCA section 408(d), such as
the tolerance in this final rule, do not
require the issuance of a proposed rule,
the requirements of the Regulatory
Flexibility Act (RFA) (5 U.S.C. 601 et
seq.), do not apply.
This action directly regulates growers,
food processors, food handlers, and food
retailers, not States or Tribes, nor does
this action alter the relationships or
distribution of power and
responsibilities established by Congress
in the preemption provisions of FFDCA
section 408(n)(4). As such, the Agency
has determined that this action will not
have a substantial direct effect on States
or Tribal Governments, on the
relationship between the National
Government and the States or Tribal
Governments, or on the distribution of
power and responsibilities among the
various levels of government or between
the Federal Government and Indian
Tribes. Thus, the Agency has
determined that Executive Order 13132,
entitled ‘‘Federalism’’ (64 FR 43255,
August 10, 1999) and Executive Order
13175, entitled ‘‘Consultation and
Coordination with Indian Tribal
Governments’’ (65 FR 67249, November
9, 2000) do not apply to this action. In
addition, this action does not impose
any enforceable duty or contain any
unfunded mandate as described under
Title II of the Unfunded Mandates
Reform Act (UMRA) (2 U.S.C. 1501 et
seq.).
This action does not involve any
technical standards that would require
Agency consideration of voluntary
consensus standards pursuant to section
12(d) of the National Technology
Transfer and Advancement Act
(NTTAA) (15 U.S.C. 272 note).
VIII. Congressional Review Act (CRA)
Pursuant to the CRA (5 U.S.C. 801 et
seq.), EPA will submit a report
containing this rule 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 of the rule in
the Federal Register. This action is not
a ‘‘major rule’’ as defined by 5 U.S.C.
804(2).
List of Subjects in 40 CFR Part 180
Environmental protection,
Administrative practice and procedure,
Agricultural commodities, Pesticides
and pests, Reporting and recordkeeping
requirements.
Dated: August 26, 2020.
Marietta Echeverria,
Acting Director, Registration Division, Office
of Pesticide Programs.
Therefore, for the reasons stated in the
preamble, the EPA amends 40 CFR
chapter I as follows:
PART 180—TOLERANCES AND
EXEMPTIONS FOR PESTICIDE
CHEMICAL RESIDUES IN FOOD
1. The authority citation for part 180
continues to read as follows:
■
Authority: 21 U.S.C. 321(q), 346a and 371.
2. In § 180.910, add alphabetically the
inert ingredient ‘‘1-Octanamine, N,Ndimethyl-,N-oxide (CAS Reg. No. 2605–
78–9)’’ to the table to read as follows:
■
§ 180.910 Inert ingredients used pre- and
post-harvest; exemptions from the
requirement of a tolerance.
*
*
*
*
*
TABLE 1 TO 180.910
Inert ingredients
Limits
*
*
*
1-Octanamine, N,N-dimethyl-, N-oxide (CAS Reg. No.
2605–78–9).
*
*
*
Not to exceed 15% of pesticide formulation ...................
*
*
*
[FR Doc. 2020–19347 Filed 9–15–20; 8:45 am]
BILLING CODE 6560–50–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 281
[EPA–R04–UST–2020–0248; FRL–10013–
46–Region 4]
Commonwealth of Kentucky: Final
Approval of State Underground
Storage Tank Program
Environmental Protection
Agency (EPA).
ACTION: Final rule.
AGENCY:
The Commonwealth of
Kentucky (Commonwealth or State) has
applied to the Environmental Protection
Agency (EPA) for final approval of its
Underground Storage Tank (UST)
program under Subtitle I of the Resource
Conservation and Recovery Act (RCRA
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SUMMARY:
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Uses
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or Act). The EPA has reviewed the
Commonwealth’s application (State
Application) and has made a final
determination that the Commonwealth’s
UST program (UST Program) described
in the State Application satisfies all the
requirements necessary to qualify for
final approval. Thus, the EPA is
granting final approval to the State to
operate its UST Program for petroleum
and hazardous substances. On July 1,
2020, the EPA provided notification and
an opportunity for comment on the
Agency’s tentative determination to
approve the State’s UST Program. No
comments were received on the
Agency’s tentative determination and no
further opportunity for comment will be
provided.
DATES: This final determination and
approval for the State’s UST Program is
effective September 16, 2020.
ADDRESSES: The documents that form
the basis for this action are available
electronically through
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Surfactant.
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www.regulations.gov (Docket ID No.
EPA–R04–UST–2020–0248).
FOR FURTHER INFORMATION CONTACT: Ben
Singh, RCRA Programs and Cleanup
Branch, Land, Chemicals and
Redevelopment Division, U.S.
Environmental Protection Agency,
Region 4, Atlanta Federal Center, 61
Forsyth Street SW, Atlanta, Georgia
30303–8960; Phone number: (404) 562–
8922; email address: singh.ben@epa.gov.
Please contact Ben Singh by phone or
email for further information.
SUPPLEMENTARY INFORMATION:
I. Background
Section 9004 of RCRA, 42 U.S.C.
6991c, authorizes the EPA to approve
state UST programs to operate in lieu of
the Federal UST program. Pursuant to
RCRA section 9004(b), approval may be
granted if the state program provides for
adequate enforcement of compliance
with the UST standards of RCRA section
9004(a); is ‘‘no less stringent’’ than the
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Federal Register / Vol. 85, No. 180 / Wednesday, September 16, 2020 / Rules and Regulations
Federal program for the seven elements
set forth at RCRA section 9004(a)(1)
through (7); and includes the
notification requirements of RCRA
section 9004(a)(8). Note that RCRA
sections 9005 (on information-gathering)
and 9006 (on Federal enforcement) by
their terms apply even in states with
programs approved by the EPA under
RCRA section 9004. Thus, the Agency
retains its authority under RCRA
sections 9005 and 9006, and other
applicable statutory and regulatory
provisions, to undertake inspections
and enforcement actions in approved
states. With respect to such an
enforcement action, the Agency will
rely on Federal sanctions, Federal
inspection authorities, and Federal
procedures, rather than the State
analogues to these provisions.
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II. Commonwealth of Kentucky
The Kentucky Department for
Environmental Protection (KYDEP)
within the Energy and Environment
Cabinet is the lead implementing agency
for the UST Program in the
Commonwealth. The most recent
amendments to the State UST
regulations became effective April 5,
2019, and include revisions which
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. The KYDEP
has broad statutory and regulatory
authority to regulate the installation,
operation, maintenance, and closure of
USTs, as well as UST releases, under
Title XVIII of the Kentucky Revised
Statutes (KRS), Chapter 224, Subchapter
60, and Title 401 of the Kentucky
Administrative Regulations (KAR),
Chapter 42 (2019).
In accordance with 40 CFR 281.50,
the Commonwealth submitted a State
Application to the EPA on October 7,
2019. On March 13, 2020, the EPA
notified the Commonwealth that the
State Application was complete. On July
1, 2020 (85 FR 39517), the EPA
published a tentative determination
announcing its intent to grant the
Commonwealth final approval of its
UST Program. Along with the tentative
determination, the EPA announced the
opportunity for public comment, and
provided notice that a public hearing
would be held if significant public
interest was expressed. Because the EPA
did not receive any comments or
requests for a public hearing, no public
hearing was held. In accordance with
the requirements of 40 CFR 281.50(b),
the State previously provided an
opportunity for public notice and
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comment during the development of its
UST Program regulations.
III. Final Approval Determination
The EPA specifies the requirements
that state UST programs must meet for
approval under section 9004 of RCRA,
and the procedures for approving,
revising and withdrawing approval of
state programs, in 40 CFR part 281. In
order to be approved, in accordance
with section 9004 of RCRA, each state
program application must meet the
general requirements in 40 CFR part
281, subpart A, and the specific
requirements in 40 CFR part 281,
subpart B (Components of a Program
Application), subpart C (Criteria for No
Less Stringent), and subpart D
(Adequate Enforcement of Compliance).
As more fully described below, the
EPA has determined that the
Commonwealth’s UST Program satisfies
the general and specific requirements
for approval, is no less stringent than
the Federal UST program, and will
provide for adequate enforcement of
compliance as required by 40 CFR part
281, subparts A, C, and D, after this
approval. Following approval, the
KYDEP will continue to be the lead
implementing agency for the UST
Program in the Commonwealth, and
will regulate the installation, operation,
maintenance and closure of USTs, as
well as releases from USTs.
As required by 40 CFR part 281,
subpart B, the State Application
contains the following: a transmittal
letter from the Governor requesting
approval; a description of the program
and operating procedures; a
demonstration of the State’s procedures
to ensure adequate enforcement; a
Memorandum of Agreement outlining
the roles and responsibilities of the EPA
and the implementing agency; a General
Counsel Statement; and copies of all
relevant State statutes and regulations.
As part of the State Application, the
Kentucky Energy and Environment
Cabinet General Counsel, signing in lieu
of the State Attorney General pursuant
to 40 CFR 281.24,1 has certified that the
State regulations provide for adequate
enforcement of compliance and meet
the no less stringent criteria in 40 CFR
281, and the EPA is relying on this
1 40 CFR 281.24(a) requires an Attorney General’s
statement, but allows it to be signed by independent
legal counsel for the state rather than the Attorney
General, provided that such counsel has full
authority to independently represent the State
agency in court on all matters pertaining to the
State UST Program. The Kentucky Energy and
Environment Cabinet General Counsel has
represented that it has such authority and has
submitted such statement in the form of a General
Counsel Statement.
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57755
certification in approving the State
Program.
The State Application demonstrates
that the KYDEP has adequate authorities
for enforcement of compliance, as
described at 40 CFR part 281, subpart D
(281.40–43), including requirements for
the UST compliance monitoring
program; requirements for the UST
compliance enforcement program;
requirements for public participation;
and the sharing of information.
As part of the State Application, the
Commonwealth has identified the
following specific statutory and
regulatory compliance monitoring
program authorities, required pursuant
to 40 CFR 281.40: KRS 224.1–400, KRS
224.10–100, KRS 224.60–105, KRS
224.60–155, and 401 KAR 42:020.
As part of the State Application, the
Commonwealth has identified the
following specific statutory and
regulatory compliance enforcement
program authorities, required pursuant
to 40 CFR 281.41: KRS 224.1–400, KRS
224.10–410, KRS 224.10–420, KRS
224.10–440, KRS 224.60–155, KRS
224.99–010, 401 KAR 42:020, 400 KAR
1:090, and 400 KAR 1:100.
As part of the State Application, the
Commonwealth has identified the
following specific authorities enabling
public participation in the State
enforcement process, required pursuant
to 40 CFR 281.42: KRS 224.10–420 and
400 KAR 1:090 Section 14. Further,
through a Memorandum of Agreement
between the Commonwealth and the
EPA, effective September 16, 2020, the
State maintains procedures for receiving
and ensuring proper consideration of
information about violations submitted
by the public, and the Commonwealth
will not oppose citizen intervention
when permissive intervention is
allowed by statute, rule or regulation.
As required pursuant to 40 CFR 281.43,
through the Memorandum of Agreement
between the State and the EPA, the State
agrees to furnish the EPA, upon request,
any information in State files obtained
or used in the administration of the
State program. Therefore, the EPA is
approving the Commonwealth to
operate the State UST Program as
described in the State Application. The
EPA is hereby concluding that the State
Application for the Commonwealth’s
UST Program approval meets all of the
statutory and regulatory requirements
established by Subtitle I of RCRA.
Accordingly, the Commonwealth’s UST
Program will operate in lieu of the
Federal program. The Commonwealth
will have primary enforcement
authority and responsibility for its State
UST Program. This action does not
impose additional requirements on the
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Federal Register / Vol. 85, No. 180 / Wednesday, September 16, 2020 / Rules and Regulations
regulated community because the
regulations being approved by this rule
are already in effect in the
Commonwealth, and are not changed by
this determination. This action merely
approves the existing State regulations
as meeting the Federal requirements,
thus rendering them federally
enforceable. This final determination to
approve the State UST Program applies
to all areas within the State. Though the
Commonwealth has primary
enforcement responsibility, the EPA
retains the right to conduct inspections
under section 9005 of RCRA and to take
enforcement actions under section 9006
of RCRA.
States may enact laws that are more
stringent than their Federal
counterparts. See RCRA section 9008,
42 U.S.C. 6991g. When an approved
state program includes requirements
that are considered more stringent than
those required by Federal law, the more
stringent requirements become part of
the federally approved program in
accordance with 40 CFR 281.12(a)(3)(i).
The EPA has determined that some of
the Commonwealth’s regulations are
considered more stringent than the
Federal program, and upon approval,
they will become part of the federally
approved State UST Program and
therefore federally enforceable. In
addition, states may enact laws which
have a greater scope of coverage than
the Federal program. These provisions
are considered broader in scope and are
not part of the federally approved
program and are therefore not federally
enforceable. See 40 CFR 281.12(a)(3).
Although these requirements are
enforceable by the Commonwealth as a
matter of State law, they are not RCRA
requirements. The statutory and
regulatory provisions the Agency has
decided to approve are found generally
at KRS 224.60–100 et seq. and 401 KAR
42:005 et seq. However, the EPA has
determined that the following State UST
Program requirements are broader in
scope than the Federal program.2
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Statutory Broader in Scope Provisions
• KRS 224.60–130 to 140, insofar as
these relate to UST registration
requirements, the establishment of a
Petroleum Environmental Assurance
Fee, and the administration of the State
Petroleum Storage Tank Environmental
Assurance Fund.
• KRS 224.60–150, insofar as it
relates to the authority to levy and
collect an annual fee of thirty (30)
2 If a statutory or regulatory provision is not
identified in the following analysis as being broader
in scope, then the provision is part of the approved
UST Program and federally enforceable.
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16:31 Sep 15, 2020
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dollars per tank from owners or
operators of USTs for the purpose of
funding the administration of the UST
Program.
Authority: This action is issued under the
authority of Sections 2002(a), 7004(b), 9004,
9005 and 9006 of the Solid Waste Disposal
Act, as amended, 42 U.S.C. 6912(a), 6974(b),
6991c, 6991d, and 6991e.
Regulatory Broader in Scope Provisions
Dated: August 18, 2020.
Mary Walker,
Regional Administrator, Region 4.
• 401 KAR 42:020, section 2, insofar
as it relates to the establishment of UST
registration requirements and the
collection of annual fees.
• 401 KAR 42:250, insofar as it relates
to eligibility requirements and
administrative procedures for the
Petroleum Storage Tank Environmental
Assurance Fund.
• 401 KAR 42:330, insofar as it relates
to the eligibility requirements and rates
for reimbursement from the Small
Owners Tank Removal Account.
• 401 KAR 42:060, insofar as it relates
to the UST Corrective Action Manual for
site investigations and corrective action
activities for releases from UST systems.
D. Statutory and Executive Order (E.O.)
Reviews
This final action merely approves
Kentucky’s UST Program requirements
pursuant to RCRA section 9004 and
does not impose additional
requirements other than those imposed
by State law. For further information on
how this action complies with
applicable executive orders and
statutory provisions, please see the
EPA’s tentative determination published
in the July 1, 2020 Federal Register at
85 FR 29517. The Congressional Review
Act, 5 U.S.C. 801 et seq., as added by
the Small Business Regulatory
Enforcement Fairness Act of 1996,
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). This
final action will be effective September
16, 2020.
List of Subjects in 40 CFR Parts 281
Environmental protection,
Administrative practice and procedure,
Petroleum, Hazardous substances, State
program approval, Underground storage
tanks, and Reporting and recordkeeping
requirements.
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[FR Doc. 2020–18567 Filed 9–15–20; 8:45 am]
BILLING CODE 6560–50–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 721
[EPA–HQ–OPPT–2019–0495; FRL–10013–
95]
RIN 2070–AB27
Significant New Use Rules on Certain
Chemical Substances (19–5.B);
Technical Correction for PMN P-19-24
Environmental Protection
Agency (EPA).
ACTION: Final rule; technical correction.
AGENCY:
EPA issued final significant
new use rules (SNURs) in the August 3,
2020 Federal Register for chemical
substances that were the subject of
premanufacture notices (PMNs). EPA
incorrectly identified the Chemical
Abstracts Service Registry Number
(CASRN) for the chemical substance
that was the subject of PMN P-19-24.
This technical correction is being issued
to correct this error.
DATES: This technical correction is
effective October 2, 2020. For purposes
of judicial review, this rule shall be
promulgated at 1 p.m. (e.s.t.) on
September 30, 2020.
ADDRESSES: The docket for this action,
identified by docket identification (ID)
number EPA–HQ–OPPT–2019–0495, is
available at https://www.regulations.gov.
Due to the public health concerns
related to COVID–19, the EPA Docket
Center (EPA/DC) and Reading Room is
closed to visitors with limited
exceptions. The staff continues to
provide remote customer service via
email, phone, and webform. For the
latest status information on EPA/DC
services and docket access, visit https://
www.epa.gov/dockets.
FOR FURTHER INFORMATION CONTACT: For
technical information contact: William
Wysong, Chemical Control Division,
Office of Pollution Prevention and
Toxics, Environmental Protection
Agency, 1200 Pennsylvania Ave. NW,
Washington, DC 20460–0001; telephone
number: (202) 564–4163; email address:
wysong.william@epa.gov.
SUMMARY:
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]]>Agencies
[Federal Register Volume 85, Number 180 (Wednesday, September 16, 2020)]
[Rules and Regulations]
[Pages 57754-57756]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-18567]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 281
[EPA-R04-UST-2020-0248; FRL-10013-46-Region 4]
Commonwealth of Kentucky: Final Approval of State Underground
Storage Tank Program
AGENCY: Environmental Protection Agency (EPA).
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: The Commonwealth of Kentucky (Commonwealth or State) has
applied to the Environmental Protection Agency (EPA) for final approval
of its Underground Storage Tank (UST) program under Subtitle I of the
Resource Conservation and Recovery Act (RCRA or Act). The EPA has
reviewed the Commonwealth's application (State Application) and has
made a final determination that the Commonwealth's UST program (UST
Program) described in the State Application satisfies all the
requirements necessary to qualify for final approval. Thus, the EPA is
granting final approval to the State to operate its UST Program for
petroleum and hazardous substances. On July 1, 2020, the EPA provided
notification and an opportunity for comment on the Agency's tentative
determination to approve the State's UST Program. No comments were
received on the Agency's tentative determination and no further
opportunity for comment will be provided.
DATES: This final determination and approval for the State's UST
Program is effective September 16, 2020.
ADDRESSES: The documents that form the basis for this action are
available electronically through www.regulations.gov (Docket ID No.
EPA-R04-UST-2020-0248).
FOR FURTHER INFORMATION CONTACT: Ben Singh, RCRA Programs and Cleanup
Branch, Land, Chemicals and Redevelopment Division, U.S. Environmental
Protection Agency, Region 4, Atlanta Federal Center, 61 Forsyth Street
SW, Atlanta, Georgia 30303-8960; Phone number: (404) 562-8922; email
address: [email protected]. Please contact Ben Singh by phone or email
for further information.
SUPPLEMENTARY INFORMATION:
I. Background
Section 9004 of RCRA, 42 U.S.C. 6991c, authorizes the EPA to
approve state UST programs to operate in lieu of the Federal UST
program. Pursuant to RCRA section 9004(b), approval may be granted if
the state program provides for adequate enforcement of compliance with
the UST standards of RCRA section 9004(a); is ``no less stringent''
than the
[[Page 57755]]
Federal program for the seven elements set forth at RCRA section
9004(a)(1) through (7); and includes the notification requirements of
RCRA section 9004(a)(8). Note that RCRA sections 9005 (on information-
gathering) and 9006 (on Federal enforcement) by their terms apply even
in states with programs approved by the EPA under RCRA section 9004.
Thus, the Agency retains its authority under RCRA sections 9005 and
9006, and other applicable statutory and regulatory provisions, to
undertake inspections and enforcement actions in approved states. With
respect to such an enforcement action, the Agency will rely on Federal
sanctions, Federal inspection authorities, and Federal procedures,
rather than the State analogues to these provisions.
II. Commonwealth of Kentucky
The Kentucky Department for Environmental Protection (KYDEP) within
the Energy and Environment Cabinet is the lead implementing agency for
the UST Program in the Commonwealth. The most recent amendments to the
State UST regulations became effective April 5, 2019, and include
revisions which 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. The KYDEP has broad statutory
and regulatory authority to regulate the installation, operation,
maintenance, and closure of USTs, as well as UST releases, under Title
XVIII of the Kentucky Revised Statutes (KRS), Chapter 224, Subchapter
60, and Title 401 of the Kentucky Administrative Regulations (KAR),
Chapter 42 (2019).
In accordance with 40 CFR 281.50, the Commonwealth submitted a
State Application to the EPA on October 7, 2019. On March 13, 2020, the
EPA notified the Commonwealth that the State Application was complete.
On July 1, 2020 (85 FR 39517), the EPA published a tentative
determination announcing its intent to grant the Commonwealth final
approval of its UST Program. Along with the tentative determination,
the EPA announced the opportunity for public comment, and provided
notice that a public hearing would be held if significant public
interest was expressed. Because the EPA did not receive any comments or
requests for a public hearing, no public hearing was held. In
accordance with the requirements of 40 CFR 281.50(b), the State
previously provided an opportunity for public notice and comment during
the development of its UST Program regulations.
III. Final Approval Determination
The EPA specifies the requirements that state UST programs must
meet for approval under section 9004 of RCRA, and the procedures for
approving, revising and withdrawing approval of state programs, in 40
CFR part 281. In order to be approved, in accordance with section 9004
of RCRA, each state program application must meet the general
requirements in 40 CFR part 281, subpart A, and the specific
requirements in 40 CFR part 281, subpart B (Components of a Program
Application), subpart C (Criteria for No Less Stringent), and subpart D
(Adequate Enforcement of Compliance).
As more fully described below, the EPA has determined that the
Commonwealth's UST Program satisfies the general and specific
requirements for approval, is no less stringent than the Federal UST
program, and will provide for adequate enforcement of compliance as
required by 40 CFR part 281, subparts A, C, and D, after this approval.
Following approval, the KYDEP will continue to be the lead implementing
agency for the UST Program in the Commonwealth, and will regulate the
installation, operation, maintenance and closure of USTs, as well as
releases from USTs.
As required by 40 CFR part 281, subpart B, the State Application
contains the following: a transmittal letter from the Governor
requesting approval; a description of the program and operating
procedures; a demonstration of the State's procedures to ensure
adequate enforcement; a Memorandum of Agreement outlining the roles and
responsibilities of the EPA and the implementing agency; a General
Counsel Statement; and copies of all relevant State statutes and
regulations. As part of the State Application, the Kentucky Energy and
Environment Cabinet General Counsel, signing in lieu of the State
Attorney General pursuant to 40 CFR 281.24,\1\ has certified that the
State regulations provide for adequate enforcement of compliance and
meet the no less stringent criteria in 40 CFR 281, and the EPA is
relying on this certification in approving the State Program.
---------------------------------------------------------------------------
\1\ 40 CFR 281.24(a) requires an Attorney General's statement,
but allows it to be signed by independent legal counsel for the
state rather than the Attorney General, provided that such counsel
has full authority to independently represent the State agency in
court on all matters pertaining to the State UST Program. The
Kentucky Energy and Environment Cabinet General Counsel has
represented that it has such authority and has submitted such
statement in the form of a General Counsel Statement.
---------------------------------------------------------------------------
The State Application demonstrates that the KYDEP has adequate
authorities for enforcement of compliance, as described at 40 CFR part
281, subpart D (281.40-43), including requirements for the UST
compliance monitoring program; requirements for the UST compliance
enforcement program; requirements for public participation; and the
sharing of information.
As part of the State Application, the Commonwealth has identified
the following specific statutory and regulatory compliance monitoring
program authorities, required pursuant to 40 CFR 281.40: KRS 224.1-400,
KRS 224.10-100, KRS 224.60-105, KRS 224.60-155, and 401 KAR 42:020.
As part of the State Application, the Commonwealth has identified
the following specific statutory and regulatory compliance enforcement
program authorities, required pursuant to 40 CFR 281.41: KRS 224.1-400,
KRS 224.10-410, KRS 224.10-420, KRS 224.10-440, KRS 224.60-155, KRS
224.99-010, 401 KAR 42:020, 400 KAR 1:090, and 400 KAR 1:100.
As part of the State Application, the Commonwealth has identified
the following specific authorities enabling public participation in the
State enforcement process, required pursuant to 40 CFR 281.42: KRS
224.10-420 and 400 KAR 1:090 Section 14. Further, through a Memorandum
of Agreement between the Commonwealth and the EPA, effective September
16, 2020, the State maintains procedures for receiving and ensuring
proper consideration of information about violations submitted by the
public, and the Commonwealth will not oppose citizen intervention when
permissive intervention is allowed by statute, rule or regulation. As
required pursuant to 40 CFR 281.43, through the Memorandum of Agreement
between the State and the EPA, the State agrees to furnish the EPA,
upon request, any information in State files obtained or used in the
administration of the State program. Therefore, the EPA is approving
the Commonwealth to operate the State UST Program as described in the
State Application. The EPA is hereby concluding that the State
Application for the Commonwealth's UST Program approval meets all of
the statutory and regulatory requirements established by Subtitle I of
RCRA. Accordingly, the Commonwealth's UST Program will operate in lieu
of the Federal program. The Commonwealth will have primary enforcement
authority and responsibility for its State UST Program. This action
does not impose additional requirements on the
[[Page 57756]]
regulated community because the regulations being approved by this rule
are already in effect in the Commonwealth, and are not changed by this
determination. This action merely approves the existing State
regulations as meeting the Federal requirements, thus rendering them
federally enforceable. This final determination to approve the State
UST Program applies to all areas within the State. Though the
Commonwealth has primary enforcement responsibility, the EPA retains
the right to conduct inspections under section 9005 of RCRA and to take
enforcement actions under section 9006 of RCRA.
States may enact laws that are more stringent than their Federal
counterparts. See RCRA section 9008, 42 U.S.C. 6991g. When an approved
state program includes requirements that are considered more stringent
than those required by Federal law, the more stringent requirements
become part of the federally approved program in accordance with 40 CFR
281.12(a)(3)(i). The EPA has determined that some of the Commonwealth's
regulations are considered more stringent than the Federal program, and
upon approval, they will become part of the federally approved State
UST Program and therefore federally enforceable. In addition, states
may enact laws which have a greater scope of coverage than the Federal
program. These provisions are considered broader in scope and are not
part of the federally approved program and are therefore not federally
enforceable. See 40 CFR 281.12(a)(3). Although these requirements are
enforceable by the Commonwealth as a matter of State law, they are not
RCRA requirements. The statutory and regulatory provisions the Agency
has decided to approve are found generally at KRS 224.60-100 et seq.
and 401 KAR 42:005 et seq. However, the EPA has determined that the
following State UST Program requirements are broader in scope than the
Federal program.\2\
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\2\ If a statutory or regulatory provision is not identified in
the following analysis as being broader in scope, then the provision
is part of the approved UST Program and federally enforceable.
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Statutory Broader in Scope Provisions
KRS 224.60-130 to 140, insofar as these relate to UST
registration requirements, the establishment of a Petroleum
Environmental Assurance Fee, and the administration of the State
Petroleum Storage Tank Environmental Assurance Fund.
KRS 224.60-150, insofar as it relates to the authority to
levy and collect an annual fee of thirty (30) dollars per tank from
owners or operators of USTs for the purpose of funding the
administration of the UST Program.
Regulatory Broader in Scope Provisions
401 KAR 42:020, section 2, insofar as it relates to the
establishment of UST registration requirements and the collection of
annual fees.
401 KAR 42:250, insofar as it relates to eligibility
requirements and administrative procedures for the Petroleum Storage
Tank Environmental Assurance Fund.
401 KAR 42:330, insofar as it relates to the eligibility
requirements and rates for reimbursement from the Small Owners Tank
Removal Account.
401 KAR 42:060, insofar as it relates to the UST
Corrective Action Manual for site investigations and corrective action
activities for releases from UST systems.
D. Statutory and Executive Order (E.O.) Reviews
This final action merely approves Kentucky's UST Program
requirements pursuant to RCRA section 9004 and does not impose
additional requirements other than those imposed by State law. For
further information on how this action complies with applicable
executive orders and statutory provisions, please see the EPA's
tentative determination published in the July 1, 2020 Federal Register
at 85 FR 29517. The Congressional Review Act, 5 U.S.C. 801 et seq., as
added by the Small Business Regulatory Enforcement Fairness Act of
1996, 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). This final action will be effective September 16, 2020.
List of Subjects in 40 CFR Parts 281
Environmental protection, Administrative practice and procedure,
Petroleum, Hazardous substances, State program approval, Underground
storage tanks, and Reporting and recordkeeping requirements.
Authority: This action is issued under the authority of Sections
2002(a), 7004(b), 9004, 9005 and 9006 of the Solid Waste Disposal
Act, as amended, 42 U.S.C. 6912(a), 6974(b), 6991c, 6991d, and
6991e.
Dated: August 18, 2020.
Mary Walker,
Regional Administrator, Region 4.
[FR Doc. 2020-18567 Filed 9-15-20; 8:45 am]
BILLING CODE 6560-50-P
