Arkansas: Final Approval of State Underground Storage Tank Program Revisions and Incorporation by Reference, 977-983 [2020-24240]

Agencies

• ENVIRONMENTAL PROTECTION AGENCY

[Federal Register Volume 86, Number 4 (Thursday, January 7, 2021)]
[Rules and Regulations]
[Pages 977-983]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-24240]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 282

[EPA-R06-UST-2018-0701; FRL-10014-65-Region 6]


Arkansas: Final Approval of State Underground Storage Tank 
Program Revisions and Incorporation by Reference

AGENCY: Environmental Protection Agency (EPA).

ACTION: Direct final rule.

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SUMMARY: Pursuant to the Resource Conservation and Recovery Act (RCRA 
or Act), the Environmental Protection Agency (EPA) is taking direct 
final action to approve revisions to the State of Arkansas's 
Underground Storage Tank (UST) program submitted by the State. EPA has 
determined that these revisions satisfy all requirements needed for 
program approval. This action also codifies EPA's approval of 
Arkansas's State program and incorporates by reference those provisions 
of the State regulations that we have determined meet the requirements 
for approval. The provisions will be subject to EPA's inspection and 
enforcement authorities under Subtitle I of RCRA sections 9005 and 9006 
and other applicable statutory and regulatory provisions.

DATES: This rule is effective March 8, 2021, unless EPA receives 
adverse comment by February 8, 2021. 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 a certain publication listed in the regulations is 
approved by the Director of the Federal Register, as of March 8, 2021, 
in accordance with 5 U.S.C. 552(a) and 1 CFR part 51.

ADDRESSES: Submit your comments by one of the following methods:
    1. Federal eRulemaking Portal: https://www.regulations.gov. Follow 
the on-line instructions for submitting comments.
    2. Email: [email protected].
    Instructions: Direct your comments to Docket ID No. EPA-R06-UST-
2018-0701. EPA's policy is that all comments received will be included 
in the public docket without change and may be available online at 
https://www.regulations.gov, including any personal information 
provided, unless the comment includes information claimed to be 
Confidential Business Information (CBI) or other information whose 
disclosure is restricted by statute. Do not submit information that you 
consider to be CBI or otherwise protected through https://www.regulations.gov, or email. The Federal https://www.regulations.gov 
website is an ``anonymous access'' system, which means the EPA will not 
know your identity or contact information unless you provide it in the 
body of your comment. If you send an email comment directly to the EPA 
without going through https://www.regulations.gov, your email address 
will be automatically captured and included as part of the comment that 
is placed in the public docket and made available on the internet. If 
you submit an electronic comment, the EPA recommends that you include 
your name and other contact information in the body of your comment and 
with any disk or CD-ROM you submit. If the EPA cannot read your comment 
due to technical difficulties, and cannot contact you for 
clarification, the EPA may not be able to consider your comment. 
Electronic files should avoid the use of special characters, any form 
of encryption, and be free of any defects or viruses.
    The index to the docket for this action is available electronically 
at https://www.regulations.gov. You can view and copy the documents 
that form the basis for this codification and associated publicly 
available docket materials are available either through https://www.regulations.gov or at the Environmental Protection Agency, Region 
6, 1201 Elm Street, Suite #500, Dallas, Texas 75270. This facility is 
open from 8:30 a.m. to 4:00 p.m. Monday through Friday excluding 
Federal holidays and facility closures. We recommend that you telephone 
Audray Lincoln, Environmental Protection Specialist at (214) 665-2239 
before visiting the Region 6 Office. Interested persons wanting to 
examine these documents should make an appointment with the office at 
least two weeks in advance.

FOR FURTHER INFORMATION CONTACT: Audray Lincoln, (214) 665-2239, 
[email protected]. Out of an abundance of caution for members of 
the public and our staff, the EPA Region 6 office will be closed to the 
public to reduce the risk of transmitting COVID-19. We encourage the 
public to submit comments via https://www.regulations.gov, as there 
will be a delay in processing mail and no courier or hand deliveries 
will be accepted. Please call or email the contact listed above if you 
need alternative access to material indexed but not provided in the 
docket.

SUPPLEMENTARY INFORMATION: 

I. Approval of Revisions to Arkansas'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), 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 
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. Changes 
to State UST programs may be necessary when Federal or State statutory 
or regulatory authority is modified or when certain other changes 
occur. 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 EPA.

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

    On October 17, 2018, in accordance with 40 CFR 281.51(a), Arkansas 
submitted a complete program revision application seeking approval for 
its UST program revisions corresponding to the EPA final rule published 
on July 15, 2015 (80 FR 41566), which finalized revisions to the 1988 
UST regulations and to the 1988 State program approval (SPA) 
regulations. As required by 40

[[Page 978]]

CFR 281.20, the State submitted the following: A transmittal letter 
from the Governor requesting approval, a description of the program and 
operating procedures, a demonstration of the State's procedures to 
ensure adequate enforcement, a Memorandum of Agreement outlining the 
roles and responsibilities of the EPA and the implementing agency, a 
statement of certification from the Attorney General, and copies of all 
relevant State statutes and regulations.
    We have reviewed the application and the revisions to Arkansas's 
UST program and determined they are no less stringent than the 
corresponding Federal requirements in subpart C of 40 CFR part 281, and 
the Arkansas program provides for adequate enforcement of compliance 
(40 CFR 281.11(b)). Therefore, the EPA grants Arkansas 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. The Arkansas Department of Environmental Quality (ADEQ) is 
the lead implementing agency for the UST program in Arkansas, except in 
Indian country.

C. What is the effect of this approval decision?

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

D. Why is EPA using a direct final rule?

    The EPA is publishing this direct final rule without a prior 
proposed rule because we view this as a noncontroversial action and 
anticipate no adverse comment. Arkansas received comments during its 
comment period when the rules and regulations in this document were 
being considered and were proposed at the State level. All comments 
were addressed at public hearing and/or reflected in the adopted 
regulations.

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 
revision, providing opportunity for public comment. If EPA receives 
comments that oppose this approval, EPA will withdraw the direct final 
rule by publishing a document in the Federal Register before the rule 
becomes effective. The EPA will base any further decision on the 
approval of the State program changes on the proposal to approve after 
considering all comments received during the comment period. EPA will 
then address all public comments in a later final rule. You may not 
have another opportunity to comment. If you want to comment on this 
approval, you must do so at this time.

F. For what has Arkansas previously been approved?

    On February 24, 1995, EPA finalized a rule approving the UST 
program submitted by Arkansas in lieu of the Federal program. On 
January 18, 1996, EPA codified the approved Arkansas program that is 
subject to EPA's inspection and enforcement authorities under RCRA 
sections 9005 and 9006, 42 U.S.C. 6991d and 6991e, and other applicable 
statutory and regulatory provisions.

G. What changes are we approving with this action?

    In order to be approved, the program must provide for adequate 
enforcement of compliance as described in 40 CFR 281.11(b) and part 
281, subpart D. The ADEQ has broad statutory authority to regulate the 
installation, operation, maintenance, closure of USTs, and UST releases 
under the following: Arkansas Code Annotated (ACA), Title 8, 
Environmental Law; Chapter 1, General Provisions; Subchapter 1 General 
Provisions section 8-1-107; Subchapter 2 Powers of the Department and 
the Commission section 8-1-202; Chapter 4 Waste and Air Pollution 
Control Act; Subchapter 1 sections 8-4-103(d)(1)(A) and (d)(3)(A)-
(d)(4)(A); Subchapter 2 Water Pollution section 8-4-224; Chapter 7 
Hazardous Substances; Subchapter 8 Regulated Substance Storage Tanks; 
and Subchapter 9 Petroleum Storage Tank Trust Fund Act.
    Specific authorities to regulate the installation, operation, 
maintenance, closure of USTs, and UST releases are found under Arkansas 
Pollution Control and Ecology Commission (APC&EC) Regulation Number 12 
Storage Tanks, sections Reg. 12.101 through 12.1002 as amended 
effective August 24, 2018. The aforementioned regulations satisfy the 
requirements of 40 CFR 281.40 and 281.41.
    The Arkansas DEQ's Office of Land Resources (OLR) provides notice 
and opportunity for public comment on all proposed rules. The OLR 
investigates and requires petroleum storage tank owners and operators 
to provide notice about contaminants and submissions of final 
remediation plans. Requirements for public participation and 
notification can be found in the ACA at sections 8-4-224 and 8-7-803, 
as well as in Regulation No. 12 at section 12.104 which incorporates 
the Federal 40 CFR 280.67 by reference and Regulation No. 8 at section 
8.604. Arkansas has met the public participation requirements found in 
40 CFR 281.42.
    To qualify for final approval, a State's program must be ``no less 
stringent'' than the Federal program in all elements of the revised EPA 
final rule published on July 15, 2015 (80 FR 41566). EPA added new 
operation and maintenance requirements and addressed UST systems 
deferred in the 1988 UST regulations. The changes also added secondary 
containment requirements for new and replaced tank and piping, operator 
training requirements, periodic operation and maintenance requirements 
for UST systems, and requirements to ensure UST system compatibility 
before storing certain biofuel blends. It removed past deferrals for 
emergency generator tanks, field constructed tanks and airport hydrant 
systems.
    The ADEQ made updates to their regulations to ensure that they were 
no less stringent than the Federal regulations which were revised on 
July 15, 2015 (80 FR 41566). Title 40 CFR 281.30 through 281.39 
contains the ``no less stringent than'' criteria that a State must meet 
in order to have its UST program approved. In the State's application 
for approval of its UST program, the Arkansas Assistant Attorney 
General certified that it meets the requirements listed in 40 CFR 
281.30 through 281.39. EPA has relied on this certification in addition 
to the analysis submitted by the State in making our determination. For 
further information on EPA's analysis of the State's application, see 
the Technical Support Document (TSD) contained in the docket for this 
rulemaking. The corresponding State regulations are as follows:
    Title 40 CFR 281.30 lists the Federal requirements for new UST 
system design, construction, installation, and notification with which 
a State must comply in order to be found to be no less stringent than 
Federal requirements. APC&EC Regulation No. 12 Storage Tanks, section 
12.104 incorporates the necessary elements of 40 CFR 280 by reference. 
Additionally, the State includes requirements for notification and 
notification reporting at APC&EC Regulation No. 12 Storage Tanks, 
section 12.201(A), requiring UST

[[Page 979]]

system owners and operators to notify the implementing agency of any 
new UST systems, including instances where one assumes ownership of an 
existing UST.
    Title 40 CFR 281.31 requires that most existing UST systems meet 
the requirements of 281.30, are upgraded to prevent releases for their 
operating life due to corrosion, spills, or overfills, or are 
permanently closed. APC&EC Regulation No. 12 Storage Tanks, section 
12.104 which incorporates the necessary Federal 40 CFR 280 requirements 
by reference, as well as sections 12.109, 12.502, and 12.503 contain 
the necessary requirements that UST systems be upgraded to prevent 
releases during their operating life due to corrosion, spills, or 
overfills.
    Title 40 CFR 281.32 contains the general operating requirements 
that must be met in order for the State's submission to be considered 
no less stringent than the Federal requirements. APC&EC Regulation No. 
12 Storage Tanks, section 12.104 which incorporates the necessary 
Federal 40 CFR 280 requirements by reference, as well as section 12.105 
contain the necessary general operating requirements required by 40 CFR 
281.32.
    Title 40 CFR 281.33 contains the requirements for release detection 
that must be met in order for the State's submission to be considered 
no less stringent than Federal requirements. APC&EC Regulation No. 12 
Storage Tanks, section 12.104 which incorporates the necessary Federal 
40 CFR 280 requirements by reference, as well as section 12.109 contain 
the necessary requirements for release detection as required by 40 CFR 
281.33.
    Title 40 CFR 281.34 contains the requirements for release 
reporting, investigation, and confirmation that must be met in order 
for the State's submission to be considered no less stringent than 
Federal requirements. APC&EC Regulation No. 12 Storage Tanks, section 
12.104 which incorporates the necessary Federal 40 CFR 280 requirements 
by reference, as well as sections 12.108 and 12.305 contain the 
necessary requirements as required by 40 CFR 281.34 for release 
reporting, investigation, and confirmation.
    Title 40 CFR 281.35 contains the requirements for release response 
and corrective action that must be met in order for the State's 
submission to be considered no less stringent than Federal 
requirements. APC&EC Regulation No. 12 Storage Tanks, section 12.104 
which incorporates the necessary Federal 40 CFR 280 requirements by 
reference contains the required provisions as listed in 40 CFR 281.35 
for release response and corrective action.
    Title 40 CFR 281.36 contains the requirements for out of service 
UST systems and closures that must be met in order for the State's 
submission to be considered no less stringent than Federal 
requirements. APC&EC Regulation No. 12 Storage Tanks, section 12.104 
which incorporates the necessary Federal 40 CFR 280 requirements by 
reference contains the necessary requirements as listed in 40 CFR 
281.36 for out of service UST systems and closures.
    Title 40 CFR 281.37 contains the requirements for financial 
responsibility for UST systems containing petroleum that must be met in 
order for the State's submission to be considered no less stringent 
than Federal requirements. APC&EC Regulation No. 12 Storage Tanks, 
section 12.104 which incorporates the necessary Federal 40 CFR 280 
requirements by reference, as well as sections 12.302(A)(1) and 12.314 
contain the necessary requirements as listed in 40 CFR 281.37 for 
financial responsibility for UST systems.
    Title 40 CFR 281.38 contains the requirements for lender liability 
that must be met in order for the State's submission to be considered 
no less stringent than Federal requirements. APC&EC Regulation No. 12 
Storage Tanks, section 12.104 which incorporates the necessary Federal 
40 CFR 280 requirements by reference, as well as section 12.321 contain 
the requirements for lender liability as listed in 40 CFR 281.38.
    Title 40 CFR 281.39 contains the requirements for operator training 
that must be met in order for the State's submission to be considered 
no less stringent than Federal requirements. APC&EC Regulation No. 12 
Storage Tanks, section 12.104 which incorporates the necessary Federal 
40 CFR 280 requirements by reference, as well as sections 12.105, and 
12.701 through 12.710 contain the requirements for operator training as 
required by 40 CFR 281.39.

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

Broader in Scope Provisions
    The following statutory and regulatory provisions are considered 
broader in scope than the Federal program:
    At ACA 8-7-801(1) introductory paragraph through (1)(B), Arkansas 
defines ``aboveground storage tank''.
    ACA 8-7-802(a)(2), grants the Arkansas Pollution Control and 
Ecology Commission the power to set reasonable fees for licensure and 
registration. All such State fees are broader in scope.
    At ACA 8-7-808, Arkansas details the requirements of the Regulated 
Substance Storage Tank Program Fund; all funds of this type are broader 
in scope because they have no Federal counterparts.
    At ACA 8-7-813, references to aboveground storage tanks with 
respect to the State registration requirement are broader in scope.
    ACA Chapter 7, Subchapter 9, sections 8-7-901 through 8-7-908 
regarding the detailed requirements of the State Petroleum Storage Tank 
Trust Fund Act are broader in scope.
    At APC&EC Regulation No. 12, section 12.103(20), the reference to 
aboveground storage tanks are broader in scope.
    At APC&EC Regulation No. 12, section 12.107, Arkansas regulates 
aboveground storage tanks in a manner that is broader in scope than the 
Federal program.
    At APC&EC Regulation No. 12, section 12.201(C) through (F), 
Arkansas regulates aboveground storage tanks in a manner that is 
broader in scope than the Federal program.
    At APC&EC Regulation No. 12, sections 12.202(B)(2) and 12.203, 
Arkansas assesses a storage tank registration fee to be paid by tank 
owners and operators. All such State fees are broader in scope.
    APC&EC Regulation No. 12, Chapter 3 Petroleum Storage Tank Trust 
Fund Corrective Action Reimbursement Procedures and Chapter 4 Petroleum 
Storage Tank Trust Fund Third-Party Payment Procedures; State trust 
funds of this type are state-specific and are broader in scope than the 
Federal program.
    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. See 40 CFR 281.12(a)(3)(ii).
More Stringent Provisions
    The following regulatory provisions are considered more stringent 
in coverage than the Federal program:
    At APC&EC Regulation No. 12 Storage Tanks, section 12.105, Arkansas 
has additional, state-only records requirements, including access by 
the Department, and additional records for state-specific programs such 
as the broader in scope Trust Fund Act.
    At APC&EC Regulation No. 12 Storage Tanks, section 12.109(A), the 
State

[[Page 980]]

began requiring secondary containment for new tanks installed after 
July 1, 2007.
    At APC&EC Regulation No. 12 Storage Tanks, section 12.109(C), the 
State began requiring under dispenser containment for specific tank 
systems installed after July 1, 2007.
    At APC&EC Regulation No. 12 Storage Tanks, section 12.109(B), the 
State began requiring secondary containment for existing tanks replaced 
after July 1, 2007.
    At APC&EC Regulation No. 12 Storage Tanks, Chapter 6 Licensing of 
Underground Storage Tank Testers, section 12.602 through 12.613, 
Arkansas requires UST testers to be licensed in a manner that is not 
required by the Federal program; however, this is consistent with the 
licensing of other tank professionals.

I. How does this action affect Indian country (18 U.S.C. 1151) in 
Arkansas?

    Arkansas is not authorized to carry out its Program in Indian 
country (18 U.S.C. 1151) within the State. This authority remains with 
EPA. Therefore, this action has no effect in Indian country. See 40 CFR 
281.12(a)(2).

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 RCRA sections 9005 and 9006 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 is the history of codification of Arkansas's UST program?

    The EPA incorporated by reference Arkansas's then-approved UST 
program effective March 18, 1996 (61 FR 1213; January 18, 1996). In 
this document, the EPA is revising 40 CFR 282.53 to include the 
approved revisions.

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

    In this rule, we are finalizing regulatory text that includes 
incorporation by reference. In accordance with the requirements of 1 
CFR 51.5, we are finalizing the incorporation by reference of the 
Arkansas 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/or in hard 
copy at the EPA Region 6 office (see the ADDRESSES section of this 
preamble for more information).
    The purpose of this Federal Register document is to codify 
Arkansas'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 Arkansas UST program addressed in this direct final 
rule become final. The document incorporates by reference Arkansas's 
UST regulations and clarifies which of these provisions are included in 
the approved and federally enforceable program. By codifying the 
approved Arkansas 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 Arkansas program.
    The EPA is incorporating by reference the Arkansas approved UST 
program in 40 CFR 282.53. Section 282.53(d)(1)(i)(A) incorporates by 
reference for enforcement purposes the State's statutes and 
regulations. Section 282.53 also references the Attorney General's 
Statement, the Demonstration of Procedures for Adequate Enforcement, 
the Program Description, and the Memorandum of Agreement, which are 
approved as part of the UST program under subtitle I of RCRA.

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

    The EPA retains the authority under Subtitle I of RCRA sections 
9003(h), 9005 and 9006, 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. With respect to these actions, EPA will rely on 
Federal sanctions, Federal inspection authorities, and Federal 
procedures rather than the State authorized analogues to these 
provisions. Therefore, the EPA is not incorporating by reference such 
particular, approved Arkansas procedural and enforcement authorities. 
Section 282.53(d)(1)(ii) of 40 CFR lists those approved Arkansas 
authorities that would fall into this category.

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

    The public also needs to be aware that some provisions of the 
State's UST program are not part of the federally-approved State 
program. Such provisions are not part of the RCRA Subtitle I program 
because they are ``broader in coverage'' than Subtitle I of RCRA. Title 
40 CFR 281.12(a)(3)(ii) states that where an approved State program has 
provisions that are broader in scope than the Federal program, those 
provisions are not a part of the 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. Section 282.53(d)(1)(iii) of the codification 
simply lists for reference and clarity the Arkansas statutory and 
regulatory provisions which are ``broader in scope'' than the Federal 
program and which are not, therefore, part of the approved program 
being codified today. Provisions that are ``broader in scope'' cannot 
be enforced by EPA; the State, however, will continue to implement and 
enforce such provisions under State law.

III. Statutory and Executive Order Reviews

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

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

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

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

    This action is not a regulatory action under Executive Order 13771 
(82 FR 9339, February 3, 2017) because actions

[[Page 981]]

such as this final approval of Arkansas'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, August 10, 1999), because it merely approves and codifies State 
requirements as part of the State RCRA underground storage tank program 
without altering the relationship or the distribution of power and 
responsibilities established by RCRA.

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

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

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

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

G. National Technology Transfer and Advancement Act

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

H. Executive Order 12988: Civil Justice Reform

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

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

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

J. Paperwork Reduction Act

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

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

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

L. Congressional Review Act

    The Congressional Review Act, 5 U.S.C. 801-808, generally provides 
that before a rule may take effect, the agency promulgating the rule 
must submit a rule report, which includes a copy of the rule, to each 
House of the Congress and to the Comptroller General of the United 
States. EPA will submit a report containing this document and other 
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 8, 2021 because it is a direct 
final rule.

List of Subjects in 40 CFR Part 282

    Environmental protection, Administrative practice and procedure, 
Hazardous substances, Incorporation by reference, Insurance, 
Intergovernmental relations, Oil pollution, Petroleum, Reporting and 
recordkeeping requirements, Surety bonds, Water pollution control, 
Water supply.

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

    Dated: October 27, 2020.
Kenley McQueen,
Regional Administrator, Region 6.

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

PART 282--APPROVED UNDERGROUND STORAGE TANK PROGRAMS

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1. The authority citation for part 282 continues to read as follows:

    Authority: 42 U.S.C. 6912, 6991c, 6991d, and 6991e.


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2. Revise Sec.  282.53 to read as follows:


Sec.  282.53  Arkansas State-Administered Program.

    (a) History of the approval of Arkansas's program. The State of 
Arkansas is approved to administer and enforce an underground storage 
tank program in lieu of the Federal program

[[Page 982]]

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 Arkansas Department of Environmental Quality, was 
approved by EPA pursuant to 42 U.S.C. 6991c and Part 281 of this 
Chapter. EPA published the notice of final determination approving the 
Arkansas underground storage tank base program effective on November 
16, 1990. A subsequent program revision application was approved 
effective on March 8, 2021.
    (b) Enforcement authority. Arkansas has primary responsibility for 
administering and enforcing its federally-approved underground storage 
tank program. However, EPA retains the authority to exercise its 
corrective action, inspection and enforcement authorities under 
Subtitle I of RCRA sections 9003(h), 9005 and 9006, 42 U.S.C. 6991b(h), 
6991d and 6991e, as well as under any other applicable statutory and 
regulatory provisions.
    (c) Retaining program approval. To retain program approval, 
Arkansas must revise its approved program to adopt new changes to the 
Federal subtitle I program which make it more stringent, in accordance 
with RCRA section 9004, 42 U.S.C. 6991c, and 40 CFR part 281, subpart 
E. If Arkansas obtains approval for the revised requirements pursuant 
to RCRA section 9004, 42 U.S.C. 6991c, the newly approved statutory and 
regulatory provisions will be added to this subpart and notice of any 
change will be published in the Federal Register.
    (d) Final program approval. Arkansas has final approval for the 
following elements of its program application originally submitted to 
EPA and approved effective November 16, 1990, and the program revision 
application approved by EPA effective on March 8, 2021:
    (1) State statutes and regulations--(i) Incorporation by reference. 
The Arkansas provisions cited in this paragraph 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 Arkansas 
regulations that are incorporated by reference from the Arkansas 
Department of Environmental Quality (ADEQ) website at https://www.adeq.state.ar.us/regs/default.htm or the Public Outreach Office, 
ADEQ, 5301 Northshore Drive, North Little Rock, Arkansas 72118-5317; 
Phone number: (501) 682-0923. You may inspect all approved material at 
the EPA Region 6, 1201 Elm Street, Suite 500, Dallas, Texas 75270 
(Phone number (214) 665-2239) 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.html.
    (A) ``EPA-Approved Arkansas Regulatory Requirements Applicable to 
the Underground Storage Tank Program,'' August 2020. Only those 
provisions that have been approved by EPA are incorporated by 
reference. Those provisions are listed in Appendix A to part 282.
    (B) [Reserved]
    (ii) Legal basis. 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: Arkansas Code Annotated 
(ACA), 2017 Title 8, Environmental Law:
    (1) Chapter 1 General Provisions:
    (i) Subchapter 1 General Provisions, section 8-1-107; and
    (ii) Subchapter 2 Powers of the Department and Commission, section 
8-1-202;
    (2) Chapter 4 Arkansas Water and Air Pollution Control Act:
    (i) Subchapter 1 General Provisions, sections 8-4-103(d)(1)(A) and 
8-4-103(d)(3)(A) through (d)(4)(A); and
    (ii) Subchapter 2 Water Pollution, section 8-4-224;
    (3) Chapter 7 Hazardous Substances:
    (i) Subchapter 8 Regulated Substance Storage Tanks, sections 8-7-
801(2) through (14)(J); 8-7-802(a)(1); 8-7-802(b); 8-7-803 through 8-7-
807; 8-7-809 through 8-7-812, 8-7-813 (except references to aboveground 
storage tanks [ASTs]); 8-7-814; 8-7-816; 8-7-817; and
    (ii) Subchapter 9 Petroleum Storage Tank Trust Fund Act, section 8-
7-909.
    (B) The regulatory provisions include: Arkansas Pollution Control 
and Ecology Commission (APC&EC) Regulation No. 12 Storage Tanks, as 
amended effective August 24, 2018: Chapter 1 General Provisions, Reg. 
12.110 Delivery Prohibition; Chapter 2 Registration of Storage Tanks, 
Reg. 12.201 Registration Requirement; Chapter 5 Licensing of 
Underground Storage Tank Installers and Service Personnel, Reg. 12.515; 
Chapter 6 Licensing of Underground Storage Tank Testers, Reg. 12.613 
Violations; Chapter 7 Operator Training, Reg. 12.709 Violations and 
Reg. 12.710 Disclosure Exemption; and Chapter 8 Confidentiality Reg. 
12.801 through Reg. 12.805.
    (iii) Provisions not incorporated by reference. The following 
specifically identified sections and rules applicable to the Arkansas 
underground storage tank program that are broader in scope than the 
Federal program, are not part of the approved program, and are not 
incorporated by reference herein for enforcement purposes:
    (A) Arkansas Code Annotated (ACA), 2017, Title 8 Environmental Law: 
Chapter 7 Hazardous Substances, Subchapter 8 Regulated Substance 
Storage Tanks, sections 8-7-801(1) introductory paragraph through 
(1)(B), 8-7-802(a)(2), 8-7-808, 8-7-813 (as it applies to aboveground 
storage tanks [ASTs] only); and Subchapter 9 Petroleum Storage Tank 
Trust Fund Act, sections 8-7-901 through 8-7-908.
    (B) Arkansas Pollution Control and Ecology Commission (APC&EC) 
Regulation No. 12 Storage Tanks, as amended effective August 24, 2018: 
Chapter 1 General Provisions, Reg. 12.107 Entry and Inspection of 
Aboveground Storage Tank Facilities; Chapter 2 Registration of Storage 
Tanks, Reg. 12.201(C) through (F) Registration Requirement, 
12.202(B)(2) Certification of Registration (as it applies to fees 
only), 12.203 Storage Tank Registration Fees; Chapter 3 Petroleum 
Storage Tank Trust Fund Corrective Action Reimbursement Procedures; and 
Chapter 4 Petroleum Storage Tank Trust Fund Third-Party Payment 
Procedures.
    (2) Statement of legal authority. The Attorney General's Statement, 
signed by the Assistant Attorney General of Arkansas September 21, 
1994, and revisions to that Statement dated October 2, 2018, though not 
incorporated by reference, are referenced as part of the approved 
underground storage tank program under Subtitle I of RCRA, 42 U.S.C. 
6991 et seq.
    (3) Demonstration of procedures for adequate enforcement. The 
``Adequate Enforcement of Compliance'' submitted as part of the 
original application on September 26, 1994 and as part of the program 
revision application for approval on October 17, 2018, though not 
incorporated by reference, is referenced as part of the approved 
underground storage tank program under Subtitle I of RCRA, 42 U.S.C. 
6991 et seq.
    (4) Program description. The program description and any other 
material submitted as part of the original application September 26, 
1994, and as part of the program revision application

[[Page 983]]

October 17, 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 6 and the Arkansas Department of Environmental Quality, 
signed by the EPA Regional Administrator on May 8, 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.

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3. Appendix A to part 282 is amended by revising the entry for Arkansas 
to read as follows:

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

* * * * *

Arkansas

    (a) The regulatory provisions include: Arkansas Pollution 
Control and Ecology Commission (APC&EC) Regulation No. 12 Storage 
Tanks, as amended effective August 24, 2018:
    Chapter 1 General Provisions, Reg. 12.103 Definitions, except 
(B)(1), Reg. 12.104 Incorporation of Federal Regulations, Reg. 
12.105 Records, Reg. 12.106 Entry and Inspection of Underground 
Storage Tank Facilities, Reg. 12.108 Notice Requirements, Reg. 
12.109 Secondary Containment;
    Chapter 2 Registration of Storage Tanks, Reg. 12.201(A);
    Chapter 5: Licensing of Underground Storage Tank Installers and 
Service Personnel, Reg. 12.502 Definitions, Reg. 12.503 
Applicability, Reg. 12.504 General Requirements, Reg. 12.505 Surety 
Requirement, Reg. 12.506 Notification Requirement, Reg. 12.507 
Contractor Licensing, Reg. 12.508 Individual Licensing, Reg. 12.509 
Contractor/Individual Licensing, Reg. 12.510 Experience 
Requirements, Reg. 12.511 Licensing Examination, Reg. 12.512 Renewal 
of Licenses, Reg. 12.513 Denial of Licenses, Reg. 12.514 Department 
Approval of Training and Continuing Education;
    Chapter 6: Licensing of Underground Storage Tank Testers, Reg. 
12.602 Definitions, Reg. 12.603 Applicability, Reg. 12.604 General 
Requirements, Reg. 12.605 Surety Requirement, Reg. 12.606 Company 
Licensing, Reg. 12.607 Individual Licensing, Reg. 12.608 Company/
Individual Licensing, Reg. 12.609 Experience Requirements, Reg. 
12.610 Renewal of Licenses, Reg. 12.611 Denial of Licenses, Reg. 
12.612 Department Approval of Training and Continuing Education; and
    Chapter 7: Operator Training, Reg. 12.702 Definitions, Reg. 
12.703 Applicability, Reg. 12.704 General Requirements, Reg. 12.705 
Class A Operator Certification, Reg. 12.706 Class B Operator 
Certification, Reg. 12.707 Class C Operator Training, Reg. 12.708 
Operator Examination.
    (b) Copies of the Arkansas regulations that are incorporated by 
reference are available from the Arkansas Department of 
Environmental Quality (ADEQ) website at https://www.adeq.state.ar.us/regs/default.htm or the Public Outreach Office, ADEQ, 5301 
Northshore Drive, North Little Rock, Arkansas 72118-5317; Phone 
number: (501) 682-0923.
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[FR Doc. 2020-24240 Filed 1-6-21; 8:45 am]
BILLING CODE 6560-50-P