South Carolina: Final Approval of State Underground Storage Tank Program Revisions, Codification, and Incorporation by Reference, 15596-15602 [2021-05422]
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Federal Register / Vol. 86, No. 55 / Wednesday, March 24, 2021 / Rules and Regulations
the standard of purity for refrigerant in
motor vehicle air conditioners.
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7. Amend appendix F to subpart B of
part 82 by revising the appendix
heading, the ‘‘Foreword’’ section,
sections 1 and 3.1, and the
‘‘Application’’ section to read as
follows:
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Foreword
These specifications are for equipment that
recovers, but does not recycle, any single,
specific automotive refrigerant other than
CFC–12, HFC–134a, or HFO–1234yf,
including a blend refrigerant.
1. Scope
The purpose of this standard is to provide
equipment specifications for the recovery of
any single, specific refrigerant other than
CFC–12, HFC–134a, or HFO–1234yf,
including a blend refrigerant, which is either
(1) to be returned to a refrigerant reclamation
facility that will process the refrigerant to
ARI Standard 700–93 or equivalent new
product specifications at a minimum, or (2)
to be recycled in approved refrigerant
recycling equipment, or (3) to be destroyed.
This standard applies to equipment used to
service automobiles, light trucks, and other
vehicles with similar air conditioning
systems.
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3.1 The equipment must be able to extract
from a mobile air conditioning system the
refrigerant other than CFC–12, HFC–134a, or
HFO–1234yf to which the equipment is
dedicated.
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Application
The purpose of this standard is to provide
equipment specifications for the recovery of
any refrigerant other than CFC–12, HFC–
134a, or HFO–1234yf for return to a
refrigerant reclamation facility that will
process it to AHRI Standard 700 (or for
recycling in other EPA approved recycling
equipment, in the event that EPA in the
future designates a standard for equipment
capable of recycling refrigerants other than
CFC–12, HFC–134a, or HFO–1234yf).
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[FR Doc. 2021–05363 Filed 3–23–21; 8:45 am]
BILLING CODE 6560–50–P
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40 CFR Parts 281 and 282
[EPA–R04–UST–2019–0582; FRL–10014–
89–Region 4]
Appendix F to Subpart B of Part 82—
Standard for Recover-Only Equipment
That Extracts a Single, Specific
Refrigerant Other Than CFC–12, HFC–
134a, or R–1234yf
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ENVIRONMENTAL PROTECTION
AGENCY
South Carolina: Final Approval of State
Underground Storage Tank Program
Revisions, Codification, and
Incorporation by Reference
Environmental Protection
Agency (EPA).
ACTION: Direct final rule.
AGENCY:
The State of South Carolina
(South Carolina or State) has applied to
the Environmental Protection Agency
(EPA) for final approval of revisions to
its Underground Storage Tank Program
(UST Program) under subtitle I of the
Resource Conservation and Recovery
Act (RCRA or Act). Pursuant to RCRA,
the EPA is taking direct final action,
subject to public comment, to approve
revisions to the UST Program. The EPA
has reviewed South Carolina’s revisions
and has determined that these revisions
satisfy all requirements needed for
approval. In addition, this action also
codifies the EPA’s approval of South
Carolina’s revised UST Program and
incorporates by reference those
provisions of the State statutes and
regulations that the EPA has determined
meet the requirements for approval.
DATES: This rule is effective May 24,
2021, unless the EPA receives adverse
comment by April 23, 2021. If the 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 May 24, 2021.
ADDRESSES: Submit your comments by
one of the following methods:
• Federal eRulemaking Portal:
https://www.regulations.gov (our
preferred method). Follow the online
instructions for submitting comments.
• Email: singh.ben@epa.gov. Include
the Docket ID No. EPA–R04–UST–2019–
0582 in the subject line of the message.
Instructions: Submit your comments,
identified by Docket ID No. EPA–R04–
UST–2019–0582, via the Federal
eRulemaking Portal at https://
www.regulations.gov. Follow the online
instructions for submitting comments.
Once submitted, comments cannot be
edited or removed from https://
www.regulations.gov. The EPA may
publish any comment received to its
public docket. Do not submit
electronically any information you
SUMMARY:
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consider to be Confidential Business
Information (CBI) or other information
whose disclosure is restricted by statute.
Multimedia submissions (audio, video,
etc.) must be accompanied by a written
comment. The written comment is
considered the official comment and
should include discussion of all points
you wish to make. The EPA will
generally not consider comments or
comment contents located outside of the
primary submission (i.e., on the web,
cloud, or other file sharing system). For
additional submission methods, the full
EPA public comment policy,
information about CBI or multimedia
submissions, and general guidance on
making effective comments, please visit:
https://www.epa.gov/dockets/
commenting-epa-dockets.
Out of an abundance of caution for
members of the public and our staff, the
public’s access to the EPA Region 4
Offices is by appointment only to
reduce the risk of transmitting COVID–
19. We encourage the public to submit
comments via https://
www.regulations.gov or via email. The
EPA encourages electronic comment
submittals, but if you are unable to
submit electronically or need other
assistance, please contact Ben Singh, the
contact listed in the FOR FURTHER
INFORMATION CONTACT provision below.
The index to the docket for this action
and all documents that form the basis of
this codification and associated publicly
available docket materials are available
for review on the https://
www.regulations.gov website. The EPA
encourages electronic reviewing of these
documents, but if you are unable to
review these documents electronically,
please contact Ben Singh to schedule an
appointment to view the documents at
the Region 4 Offices. Interested persons
wanting to examine these documents
should make an appointment at least
two weeks in advance. EPA Region 4
requires all visitors adhere to the
COVID–19 protocol, which requires face
coverings and social distancing.
Please also contact Ben Singh if you
need assistance in a language other than
English or if you are a person with
disabilities who needs a reasonable
accommodation at no cost to you. For
further information on EPA Docket
Center services and the current status,
please visit us online at https://
www.epa.gov/dockets.
The EPA continues to carefully and
continuously monitor information from
the Centers for Disease Control and
Prevention (CDC), local area health
departments, and our Federal partners
so that we can respond rapidly as
conditions change regarding COVID–19.
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Federal Register / Vol. 86, No. 55 / Wednesday, March 24, 2021 / Rules and Regulations
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:
FOR FURTHER INFORMATION CONTACT:
I. Approval of Revisions to South
Carolina’s Underground Storage Tank
(UST) Program
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A. Why are revisions to state UST
programs necessary?
States that have received final
approval from the EPA under section
9004(b) of RCRA, 42 U.S.C. 6991c(b),
must maintain a UST program that is no
less stringent than the Federal 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 title 40 of the Code
of Federal Regulations (CFR) part 280.
States can also initiate changes on their
own to their UST programs and these
changes must then be approved by the
EPA.
B. What decision has the EPA made in
this rule?
On April 16, 2019, in accordance with
40 CFR 281.51(a), South Carolina
submitted a complete program revision
application (State Application) seeking
approval of changes to its UST Program.
The program revisions requested in the
State Application correspond to the EPA
final rule published on July 15, 2015 (80
FR 41566), which revised the 1988 UST
regulations and the 1988 state program
approval (SPA) regulations (2015
Federal Revisions). As required by 40
CFR 281.20, the State Application
contains the following: A transmittal
letter from the Governor requesting
approval; a description of the program
and operating procedures; a
demonstration of the State’s procedures
to ensure adequate enforcement; a
Memorandum of Agreement outlining
the roles and responsibilities of the EPA
and the implementing agency; an
Attorney General’s Statement; 1 and
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
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copies of all relevant State statutes and
regulations. The EPA has reviewed the
State Application and has determined
that the revisions to South Carolina’s
UST Program are no less stringent than
the corresponding Federal requirements
in subpart C of 40 CFR part 281, and
that the South Carolina UST Program
continues to provide adequate
enforcement of compliance. Therefore,
the EPA grants South Carolina final
approval to operate its UST Program
with the revisions described in the State
Application, and as outlined below. The
South Carolina Department of Health
and Environmental Control (DHEC) is
the lead implementing agency for the
UST Program in South Carolina, except
in Indian country as noted below in
Section I.I.
C. What is the effect of this approval on
the regulated community?
Section 9004(b) of RCRA, 42 U.S.C.
6991c(b), as amended, allows the EPA to
approve state UST programs to operate
in lieu of the Federal program. With this
approval, the changes described in the
State Application will become part of
the approved State UST Program, and
therefore will be federally enforceable.
South Carolina will continue to have
primary enforcement authority and
responsibility for its State UST Program.
This action does not impose additional
requirements on the regulated
community because the regulations
being approved by this rule are already
in effect in the State of South Carolina,
and are not changed by this action. This
action merely approves the existing
State regulations as meeting the 2015
Federal Revisions and rendering them
federally enforceable.
D. Why is the 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. South
Carolina addressed all comments it
received during its comment period
when the rules and regulations being
considered in this document 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 simultaneously publishing a
separate document in the ‘‘Proposed
Rules’’ section of this Federal Register
agency in court on all matters pertaining to the state
UST program. The South Carolina DHEC General
Counsel has represented that it has such authority
and has submitted such statement as part of the
State Application.
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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 South Carolina
previously been approved?
Effective September 27, 2002, the EPA
granted final approval for South
Carolina to administer the State UST
Program in lieu of the Federal UST
program (67 FR 55160, August 28,
2002). Effective June 9, 2014, the EPA
incorporated by reference and codified
the federally approved South Carolina
UST Program (79 FR 19830, April 10,
2014). As a result of the EPA’s approval,
these provisions became subject to the
EPA’s corrective action, inspection, and
enforcement authorities under RCRA
sections 9003(h), 9005, and 9006, 42
U.S.C. 6991b(h), 6991d, and 6991e, and
other applicable statutory and
regulatory provisions.
G. What changes is the EPA approving
with this action and what standards do
we use for review?
In order to be approved, each state
program revision application must meet
the general requirements in 40 CFR
281.11 (General Requirements), and the
specific requirements in 40 CFR part
281, subpart B (Components of a
Program Application), subpart C
(Criteria for No Less Stringent), and
subpart D (Adequate Enforcement of
Compliance).
As more fully described below, the
State has made changes to its UST
Program to reflect the 2015 Federal
Revisions. These changes are included
in South Carolina’s UST Rules at S.C.
Code Ann. Regs. 61–92, as amended,
effective May 26, 2017. The EPA is
proposing to approve the State’s
changes because they are no less
stringent than the Federal UST program,
and because the revised South Carolina
UST Program will continue to provide
for adequate enforcement of compliance
as required by 40 CFR 281.11(b) and
part 281, subparts C and D, after this
approval.
DHEC continues to be the lead
implementing agency for the UST
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Program in South Carolina. DHEC has
broad statutory and regulatory authority
to regulate the installation, operation,
maintenance, and closure of USTs, as
well as UST releases, under the State
Underground Petroleum Environmental
Response Bank Act (SUPERB) of 1988,
S.C. Code Ann. sections 44–2–10 to 44–
2–150, and the South Carolina UST
Rules at S.C. Code Ann. Regs. 61–92
(2017).
As part of the State Application,
South Carolina has identified the
following specific authorities for
compliance monitoring, required
pursuant to 40 CFR 281.40: S.C. Code.
Ann. section 44–2–50(C); and S.C. Code.
Ann. Regs. 61–92, section 280.34.
As part of the State Application,
South Carolina has identified the
following specific authorities for
enforcement response, required
pursuant to 40 CFR 281.41: S.C. Code.
Ann. section 44–2–140; and S.C. Code.
Ann. Regs. 61–92, sections 280.26 and
280.301.
As part of the State Application,
South Carolina has identified the
following specific authorities enabling
public participation in the State
enforcement process, required pursuant
to 40 CFR 281.42: Rule 24(a)(2) of the
South Carolina Rules of Civil Procedure;
and S.C. Code. Ann. Regs. 61–92,
section 280.67. Further, through a
Memorandum of Agreement between
DHEC and the EPA, effective October
12, 2018, the State maintains procedures
for receiving and ensuring proper
consideration of information about
violations submitted by the public, and
DHEC 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
UST Program.
To qualify for final approval,
revisions to a state’s UST program must
be no less stringent than the 2015
Federal Revisions. In the 2015 Federal
Revisions, the EPA addressed UST
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
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hydrant systems. South Carolina
adopted all of the required 2015 Federal
Revisions at S.C. Code. Ann. Regs. 61–
92 (2017).
As part of the State Application, the
DHEC General Counsel has certified that
the State regulations provide for
adequate enforcement of compliance
and meet the no less stringent criteria in
40 CFR part 281, subparts C and D. The
EPA is relying on this certification, in
addition to the analysis submitted by
the State, in approving the State’s
changes.
H. Where are the revised State rules
different from the Federal rules?
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
South Carolina’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 are broader in scope than their
Federal counterparts in accordance with
40 CFR 281.12(a)(3). State requirements
that go beyond the scope of the Federal
program are not part of the federally
approved program and the EPA cannot
enforce them. Although these
requirements are enforceable by the
State in accordance with South Carolina
law, they are not Federal RCRA
requirements. The EPA considers the
following State requirements to be
broader in scope than the Federal
program and therefore not part of the
federally approved State UST Program:
Statutory Broader in Scope Provisions
i. S.C. Code Ann. section 44–2–40,
insofar as it provides for the creation of
a SUPERB Account and SUPERB
Financial Responsibility Fund
(collectively, ‘‘State funds’’), and
establishes criteria for accessing the
funds.
ii. S.C. Code Ann. section 44–2–60,
insofar as it requires registration,
beyond the Federal notification
requirements, and the payment of
registration fees for underground storage
tanks.
iii. S.C. Code Ann. section 44–2–75,
insofar as it provides for a means of
establishing insurance pools to
demonstrate financial responsibility.
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iv. S.C. Code Ann. section 44–2–90,
insofar as it refers to interest collected
on State funds and the sunset date of the
environmental impact fee.
v. S.C. Code Ann. section 44–2–110,
insofar as it establishes criteria for
qualified expenditure of funds from the
SUPERB Account.
vi. S.C. Code Ann. section 44–2–115,
insofar as it regulates eligibility for the
SUPERB Account.
vii. S.C. Code Ann. section 44–2–120,
insofar as it establishes requirements for
site rehabilitation contractors.
viii. S.C. Code Ann. section 44–2–130,
insofar as it establishes criteria for
compensation from the SUPERB
Account.
ix. S.C. Code Ann. section 44–2–150,
insofar as it establishes provisions for
the creation and operations of a
SUPERB Advisory Committee.
Regulatory Broader in Scope Provisions
i. S.C. Code Ann. Regs. 61–92, section
280.10(d), insofar as it requires UST
systems to be permitted or registered
with DHEC.
ii. S.C. Code Ann. Regs. 61–92,
section 280.20, as to the text ‘‘obtain
permits in accordance with section
280.23 and’’ in the introductory
paragraph, and the text ‘‘on the Permit
to Operate application form in
accordance with section 280.23’’ in (f),
insofar as they require UST systems to
be permitted by DHEC.
iii. S.C. Code Ann. Regs. 61–92,
sections 280.22(h) and (i), insofar as
they require UST systems to be
registered with DHEC.
iv. S.C. Code Ann. Regs. 61–92,
section 280.23, insofar as it requires
UST systems to be permitted by DHEC.
v. S.C. Code Ann. Regs. 61–92,
sections 280.101(b) through (e), insofar
as they establish regulations for the
administration of the State funds.
vi. S.C. Code Ann. Regs. 61–92,
section 280.300, insofar as it gives
DHEC broad authority to grant variances
that may be beyond the scope of that
allowed by the Memorandum of
Agreement between DHEC and EPA.
I. How does this action affect Indian
country (18 U.S.C. 1151) in South
Carolina?
The EPA’s approval of South
Carolina’s UST Program does not extend
to Indian country as defined in 18
U.S.C. 1151, which includes the
Catawba Indian Nation. The EPA will
retain responsibilities under RCRA for
underground storage tanks in Indian
country. Therefore, this action has no
effect in Indian country. See 40 CFR
281.12(a)(2).
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II. Codification
A. What is codification?
Codification is the process of placing
citations and references to a state’s
statutes and regulations that comprise a
state’s approved UST program into the
CFR. The EPA codifies its approval of
state programs in 40 CFR part 282 and
incorporates by reference state statutes
and regulations that the EPA can
enforce, after the approval is final,
under sections 9005 and 9006 of RCRA,
and any other applicable statutory
provisions. The incorporation by
reference of EPA-approved state
programs in the CFR should
substantially enhance the public’s
ability to discern the status of the
approved state UST programs 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.
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B. What is the history of codification of
South Carolina’s UST Program?
In 2014, the EPA incorporated by
reference and codified South Carolina’s
approved UST Program at 40 CFR
282.90 (79 FR 19830, April 10, 2014).
Through this action, the EPA is
amending 40 CFR 282.90 to incorporate
by reference and codify South Carolina’s
revised UST Program.
C. What codification decisions is the
EPA making in this rule?
In this rule, the EPA is finalizing
regulatory text that incorporates by
reference the federally approved South
Carolina UST Program, including the
revisions made to the UST Program
based on the 2015 Federal Revisions. In
accordance with the requirements of 1
CFR 51.5, the EPA is incorporating by
reference South Carolina’s statutes and
regulations as described in the
amendments to 40 CFR part 282 set
forth below. These documents are
available through https://
www.regulations.gov. This codification
reflects the State UST Program that will
be in effect at the time the EPA’s
approval of the revisions to the South
Carolina UST Program addressed in this
direct final rule becomes final. If,
however, the EPA receives substantive
comment on the proposed rule, 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 South Carolina UST Program
and by amending the CFR, the public
will more easily be able to discern the
status of the federally-approved
requirements of the South Carolina UST
Program.
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Specifically, in 40 CFR 282.90(d)(1)(i),
the EPA is incorporating by reference
the EPA-approved South Carolina UST
Program. Section 282.90(d)(1)(ii)
identifies the State’s statutes and
regulations that are part of the approved
State UST Program, although not
incorporated by reference for
enforcement purposes. Section
282.90(d)(1)(iii) identifies the State’s
statutory and regulatory provisions that
are broader in scope or external to the
State’s approved UST Program and
therefore not incorporated by reference.
Section 282.90(d)(2) through (5)
reference the Attorney General’s
Statement, Demonstration of Adequate
Enforcement Procedures, the Program
Description, and the Memorandum of
Agreement, which are part of the State
Application and part of the UST
Program under subtitle I of RCRA.
D. What is the effect of the EPA’s
codification of the federally approved
South Carolina 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
South Carolina, the EPA will rely on
Federal sanctions, Federal inspection
authorities, and other Federal
procedures rather than the State
analogs. Therefore, the EPA is not
incorporating by reference South
Carolina’s procedural and enforcement
authorities, although they are listed in
40 CFR 282.90(d)(1)(ii).
E. What State provisions are not part of
the codification?
As discussed in section I.H. above,
some provisions of the State’s UST
Program are not part of the federally
approved State UST Program because
they are broader in scope than the
Federal UST program. Where an
approved state program has provisions
that are broader in scope than the
Federal program, those provisions are
not a part of the federally approved
program. As a result, State provisions
which are broader in scope than the
Federal program are not incorporated by
reference for purposes of enforcement in
part 282. See 40 CFR 281.12(a)(3)(ii). In
addition, provisions that are external to
the State UST Program approval
requirements, but included in the State
Application, are also being excluded
from incorporation by reference in part
282. For reference and clarity, 40 CFR
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282.90(d)(1)(iii) lists the South Carolina
statutory and regulatory provisions
which are broader in scope than the
Federal program or external to state UST
program approval requirements. These
provisions are, therefore, not part of the
approved UST Program that the EPA is
codifying. Although these provisions
cannot be enforced by the EPA, the State
will continue to implement and enforce
such provisions under State law.
III. Statutory and Executive Order
(E.O.) Reviews
The EPA’s actions merely approve
and codify South Carolina’s revised
UST Program requirements pursuant to
RCRA section 9004, and do not impose
additional requirements other than
those imposed by State law. For that
reason, these actions:
• Are not significant regulatory
actions subject to review by the Office
of Management and Budget under
Executive Orders 12866 (58 FR 51735,
October 4, 1993) and 13563 (76 FR 3821,
January 21, 2011);
• Are not Executive Order 13771 (82
FR 9339, February 2, 2017) regulatory
actions because UST program approvals
are exempted under Executive Order
12866;
• Do not impose an information
collection burden under the provisions
of the Paperwork Reduction Act (44
U.S.C. 3501 et seq.);
• Are certified as not having a
significant economic impact on a
substantial number of small entities
under the Regulatory Flexibility Act (5
U.S.C. 601 et seq.);
• Do not contain any unfunded
mandate or significantly or uniquely
affect small governments, as described
in the Unfunded Mandates Reform Act
of 1995 (Pub. L. 104–4);
• Do not have federalism implications
as specified in Executive Order 13132
(64 FR 43255, August 10, 1999);
• Are not economically significant
regulatory actions based on health or
safety risks subject to Executive Order
13045 (62 FR 19885, April 23, 1997);
• Are not significant regulatory
actions subject to Executive Order
13211 (66 FR 28355, May 22, 2001);
• Are not subject to the requirements
of section 12(d) of the National
Technology Transfer and Advancement
Act of 1995 (15 U.S.C. 272 note) because
application of those requirements would
be inconsistent with RCRA;
• Do not provide the EPA with the
discretionary authority to address, as
appropriate, disproportionate human
health or environmental effects, using
practicable and legally permissible
methods, under Executive Order 12898
(59 FR 7629, February 16, 1994); and
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• Do not apply on any Indian
reservation land or in any other area
where the EPA or an Indian tribe has
demonstrated that a tribe has
jurisdiction. The rule does not have
tribal implications as specified by
Executive Order 13175 (65 FR 67249,
November 9, 2000), nor will it impose
substantial direct costs on tribal
governments or preempt tribal law.
As required by section 3 of Executive
Order 12988 (61 FR 4729, February 7,
1996), in issuing this rule, the EPA has
taken the necessary steps to eliminate
drafting errors and ambiguity, minimize
potential litigation, and provide a clear
legal standard for affected conduct.
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 May 24, 2021.
List of Subjects in 40 CFR Parts 281 and
282
Environmental protection,
Administrative practice and procedure,
Hazardous substances, Incorporation by
reference, Indian country, Petroleum,
Reporting and recordkeeping
requirements, State program approval,
Underground storage tanks.
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.
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Dated: February 26, 2021.
John Blevins,
Acting Regional Administrator, Region 4.
For the reasons set forth in the
preamble, the 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:
■
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Authority: 42 U.S.C. 6912, 6991c, 6991d,
and 6991e.
■
2. Revise § 282.90 to read as follows:
§ 282.90 South Carolina StateAdministered Program.
(a) History of the approval of South
Carolina’s program. The State of South
Carolina (South Carolina or State) is
approved to administer and enforce an
underground storage tank (UST)
program in lieu of the Federal program
under subtitle I of the Resource
Conservation and Recovery Act of 1976
(RCRA or Act), as amended, 42 U.S.C.
6991 et seq. The State’s Underground
Storage Tank Program (UST Program),
as administered by the South Carolina
Department of Health and
Environmental Control (DHEC), was
approved by EPA pursuant to 42 U.S.C.
6991c and part 281 of this chapter. EPA
approved the South Carolina UST
Program on August 28, 2002 and it was
effective on September 27, 2002. A
subsequent program revision was
approved by EPA and became effective
May 24, 2021.
(b) Enforcement authority. South
Carolina has primary responsibility for
administering and enforcing its
federally approved UST Program.
However, EPA retains the authority to
exercise its corrective action,
inspection, and enforcement authorities
under sections 9003(h), 9005, and 9006
of subtitle I of RCRA, 42 U.S.C.
6991b(h), 6991d, and 6991e, as well as
under any other applicable statutory
and regulatory provisions.
(c) Retention of program approval. To
retain program approval, South Carolina
must revise its approved UST 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 South
Carolina obtains approval for revised
requirements pursuant to section 9004
of RCRA, 42 U.S.C. 6991c, the newly
approved statutory and regulatory
provisions will be added to this subpart
and notice of any change will be
published in the Federal Register.
(d) Final approval. South Carolina has
final approval for the following
elements of its UST Program submitted
to EPA and approved effective
September 27, 2002, and the program
revisions approved by EPA effective on
May 24, 2021:
(1) State statutes and regulations—(i)
Incorporation by reference. The South
Carolina materials cited in this
paragraph (d)(1)(i), and listed in
appendix A to this part, are
incorporated by reference as part of the
UST Program under subtitle I of RCRA,
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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 access copies of
the South Carolina statutes and
regulations that are incorporated by
reference in this paragraph (d)(1)(i) from
the South Carolina State Register, 223
Blatt Building, 1105 Pendleton Street,
Columbia, South Carolina 29201; Phone
number: (803) 212–4500; website:
https://www.scstatehouse.gov/. You
may inspect all approved material at
EPA Region 4, 61 Forsyth Street SW,
Atlanta, Georgia 30303; Phone number:
(404) 562–9900; or the National
Archives and Records Administration
(NARA), email: fedreg.legal@nara.gov,
website: https://www.archives.gov/
federal-register/cfr/ibr-locations.html.
(A) ‘‘South Carolina Statutory
Requirements Applicable to the
Underground Storage Tank Program,’’
dated September 9, 2020.
(B) ‘‘South Carolina Regulatory
Requirements Applicable to the
Underground Storage Tank Program,’’
dated September 9, 2020.
(ii) Legal basis. EPA considered the
following statutes and regulations
which provide the legal basis for the
State’s implementation of the UST
Program, but they are not being
incorporated by reference and do not
replace Federal authorities:
(A) State Underground Petroleum
Environmental Response Bank Act
(SUPERB) of 1988, S.C. Code Ann.
sections 44–2–10 to 44–2–150 (2010). (1)
Section 44–2–50(A) and (C) Regulations
to be promulgated. Insofar as it provides
for the promulgation of regulations for
the implementation, compliance
monitoring, and enforcement of the UST
Program.
(2) Section 44–2–70(B) Financial
responsibility of underground storage
tank owners and operators. As to the
first sentence, insofar as it provides for
the promulgation of regulations
specifying financial responsibility
requirements and for taking corrective
action and compensating third parties
for bodily injury and property damage
caused by accidental releases arising
from operating an underground storage
tank.
(3) Section 44–2–140 Enforcement of
chapter or department order, penalties
for violations. Insofar as it provides for
compliance monitoring and
enforcement of the underground storage
tank requirements.
(B) South Carolina Underground
Storage Tank Control Regulations, R.
61–92 (2017). (1) Section 280.26,
Delivery Prohibitions. Insofar as it
identifies specific authorities for
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enforcement response and delivery
prohibition requirements.
(2) Section 280.67, Public
Participation. Insofar as it identifies
specific authorities for enabling public
participation in the corrective action
process.
(3) Section 280.301, Violations and
Penalties. Insofar as it provides for
notice to violators, assessment of
penalties, criminal prosecution, and
appeals under the SUPERB Act.
(4) Section 280.302, Appeals. Insofar
as it provides for appeal of any
determination by DHEC under the
provisions of S.C. Code Ann. Regs. 61–
72, Procedures for Contested Cases, and
the State Administrative Procedures
Act.
(C) SUPERB Site Rehabilitation and
Fund Access Regulations, R.61–98.
Insofar as it contains requirements for
site rehabilitation for releases from
underground storage tanks, access to the
SUPERB Account, and certification of
site rehabilitation contractors.
(D) South Carolina Rules of Civil
Procedure, Rule 24(a)(2), Intervention.
Insofar as it provides for public
participation in the State enforcement
process.
(iii) Other provisions not incorporated
by reference. The following statutory
and regulatory provisions applicable to
the South Carolina UST Program are
broader in scope than the Federal
program or external to the state UST
program approval requirements.
Therefore, these provisions are not part
of the approved UST Program and are
not incorporated by reference herein:
(A) State Underground Petroleum
Environmental Response Bank Act
(SUPERB) of 1988, S.C. Code Ann.
sections 44–2–10 to 44–2–150 (2010).
(1) Section 44–2–40, insofar as it
provides for the creation of a SUPERB
Account and SUPERB Financial
Responsibility Fund (collectively, ‘‘State
funds’’), and establishes criteria for
accessing the funds.
(2) Section 44–2–50(B), is external
insofar as it contains obligations on the
State agency, not a regulated entity.
(3) Section 44–2–60, insofar as it
requires registration, beyond the Federal
notification requirements, and the
payment of registration fees for
underground storage tanks.
(4) Section 44–2–75, insofar as it
provides for a means of establishing
insurance pools to demonstrate
financial responsibility.
(5) Section 44–2–90, insofar as it
refers to interest collected on State
funds and the sunset date of the
environmental impact fee.
(6) Section 44–2–110, insofar as it
establishes criteria for qualified
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expenditure of funds from the SUPERB
Account.
(7) Section 44–2–115, insofar as it
regulates eligibility for the SUPERB
Account.
(8) Section 44–2–120, insofar as it
establishes requirements for site
rehabilitation contractors.
(9) Section 44–2–130, insofar as it
establishes criteria for compensation
from the SUPERB Account.
(10) Section 44–2–150, insofar as it
establishes provisions for the creation
and operations of a SUPERB Advisory
Committee.
(B) South Carolina Underground
Storage Tank Control Regulations, R.61–
92 (2017). (1) Section 280.10(d), insofar
as it requires UST systems to be
permitted or registered with DHEC.
(2) Section 280.20, as to the text
‘‘obtain permits in accordance with
section 280.23 and’’ in the introductory
paragraph, and the text ‘‘on the Permit
to Operate application form in
accordance with Section 280.23’’ in (f),
insofar as they require UST systems to
be permitted by DHEC.
(3) Sections 280.22(h) and (i), insofar
as they require UST systems to be
registered with DHEC.
(4) Section 280.23, insofar as it
requires UST systems to be permitted by
DHEC.
(5) Sections 280.101(b) through (e),
insofar as they establish regulations for
the administration of the State funds.
(6) Section 280.240(b), is external
insofar as it contains obligations on the
State agency, not a regulated entity.
(7) Section 280.300, insofar as it gives
DHEC broad authority to grant variances
that may be beyond the scope of that
allowed by the Memorandum of
Agreement between DHEC and EPA.
(2) Statement of legal authority. The
Attorney General’s Statement and
Statement of Independent Legal
Counsel, signed by DHEC’s General
Counsel in lieu of the Attorney General
on March 27, 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) Demonstration of procedures for
adequate enforcement. The
‘‘Demonstration of Adequate
Enforcement Procedures’’ submitted on
April 16, 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.
(4) Program description. The program
description and any other material
submitted on April 16, 2019, though not
incorporated by reference, are
referenced as part of the approved
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Fmt 4700
Sfmt 4700
15601
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 4 and the South Carolina
DHEC, signed by the EPA Regional
Administrator on October 12, 2018,
though not incorporated by reference, is
referenced as part of the approved
underground storage tank program
under subtitle I of RCRA, 42 U.S.C. 6991
et seq.
■ 3. Amend appendix A to part 282 by
revising the entry for South Carolina to
read as follows:
Appendix A to Part 282—State
Requirements Incorporated by
Reference in Part 282 of the Code of
Federal Regulations
*
*
*
*
*
South Carolina
(A) The statutory provisions include:
State Underground Petroleum
Environmental Response Bank Act (SUPERB)
of 1988, S.C. Code Ann. sections 44–2–10 to
44–2–150 (2010):
44–2–10 Short Title.
44–2–20 Definitions.
44–2–70 Financial responsibility of
underground storage tank owners and
operators; except the first sentence of (B).
44–2–80 Release of regulated substance;
containment, removal, and abatement.
(B) The regulatory provisions include:
South Carolina Underground Storage Tank
Control Regulations, R.61–92 (2017):
280.10 Applicability, except (d).
280.11 Installation requirements for
partially excluded UST systems.
280.12 Definitions.
280.20 Performance standards for new
UST systems, except for the text ‘‘obtain
permits in accordance with section 280.23
and’’ in the introductory paragraph, and the
text ‘‘on the Permit to Operate application
form in accordance with Section 280.23’’ in
(f).
280.21 Upgrading of Existing UST
systems.
280.22 Notification requirements, except
(h) and (i).
280.24 Testing.
280.25 Secondary containment required.
280.30 Spill and overfill control.
280.31 Operation and maintenance of
corrosion protection.
280.32 Compatibility.
280.33 Repairs allowed.
280.34 Reporting and recordkeeping.
280.35 Periodic testing of spill prevention
equipment and containment sumps used for
interstitial monitoring of piping and periodic
inspection of overfill prevention equipment.
280.36 Periodic operation and
maintenance walkthrough inspections.
280.40 General requirements for all UST
systems.
280.41 Requirements for petroleum UST
systems.
280.42 Requirements for hazardous
substance UST systems.
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280.43 Methods of release detection for
tanks.
280.44 Methods of release detection for
piping.
280.45 Release detection recordkeeping.
280.50 Reporting of suspected releases.
280.51 Investigation due to off-site
impacts.
280.52 Release investigation and
confirmation steps.
280.53 Reporting and cleanup of spills
and overfills.
280.60 General.
280.61 Initial response.
280.62 Initial abatement measures and
site check.
280.63 Initial site characterization.
280.64 Free product removal.
280.65 Investigations for soil and groundwater cleanup.
280.66 Corrective action plan.
280.70 Temporary closure.
280.71 Permanent closure and changesin-service.
280.72 Assessing the site at closure or
change-in-service.
280.73 Applicability to previously closed
UST systems.
280.74 Closure records.
280.90 Applicability.
280.91 Compliance dates.
280.92 Definition of terms.
280.93 Amount and scope of required
financial responsibility.
280.94 Allowable mechanisms and
combinations of mechanisms.
280.95 Financial test of self-assurance.
280.96 Guarantee.
280.97 Insurance and risk retention group
coverage.
280.98 Surety Bond.
280.99 Letter of credit.
280.100 Use of state-required mechanism
[Reserved].
280.101 State fund or other state
assurance, except (b) through (e).
280.102 Trust Fund.
280.103 Standby trust fund.
280.104 Local government bond rating
test.
280.105 Local government financial test.
280.106 Local government guarantee.
280.107 Local government fund.
280.108 Substitution of financial
assurance mechanisms by owner or operator.
280.109 Cancellation or non-renewal by a
provider of financial assurance.
280.110 Reporting by owner or operator.
280.111 Recordkeeping.
280.112 Drawing on financial assurance
mechanisms.
280.113 Release from the requirements.
280.114 Bankruptcy or other incapacity
of owner or operator or provider of financial
assurance.
280.115 Replenishment of guarantees,
letters of credit, or surety bonds.
280.116 Suspension of enforcement
[Reserved].
280.200 Definitions.
280.210 Participation in management.
280.220 Ownership of an underground
storage tank or underground storage tank
system or facility or property on which an
underground storage tank or underground
storage tank system is located.
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280.230 Operating an underground
storage tank or underground storage tank
system.
280.240 General requirement for all UST
systems, except (b).
280.241 Designation of Class A, B, and C
operators.
280.242 Requirements for operator
training.
280.243 Timing of operator training.
280.244 Retraining.
280.245 Documentation.
280.250 Definitions.
280.251 General Requirements.
280.252 Additions, exceptions, and
alternatives for UST systems with fieldconstructed tanks and airport hydrant
systems.
(C) Copies of the South Carolina statutes
and regulations that are incorporated by
reference are available from the South
Carolina State Register, 223 Blatt Building,
1105 Pendleton Street, Columbia, South
Carolina 29201; Phone number: (803) 212–
4500; website: https://www.scstatehouse.gov/.
[FR Doc. 2021–05422 Filed 3–23–21; 8:45 am]
BILLING CODE 6560–50–P
Executive Summary
DEPARTMENT OF THE INTERIOR
Fish and Wildlife Service
50 CFR Part 17
[Docket No. FWS–R1–ES–2018–0033;
FXES111300000900000 178 FF09E42000]
RIN 1018–BC65
Endangered and Threatened Wildlife
and Plants; Establishment of a
Nonessential Experimental Population
of the California Condor in the Pacific
Northwest
Fish and Wildlife Service,
Interior.
ACTION: Final rule.
AGENCY:
We, the U.S. Fish and
Wildlife Service (Service or USFWS),
are establishing a nonessential
experimental population (NEP) of the
California condor (Gymnogyps
californianus) in the Pacific Northwest,
under section 10(j) of the Endangered
Species Act of 1973, as amended (Act).
Establishment of this NEP will facilitate
reintroduction of California condors to
the region and provide for allowable
legal incidental taking of the California
condor within a defined NEP area. The
geographic boundaries of the NEP
include northern California, northwest
Nevada, and Oregon. The best available
data indicate that reintroduction of the
California condor into the Pacific
Northwest is biologically feasible and
will promote the conservation of the
species.
DATES: This final rule is effective April
23, 2021.
SUMMARY:
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This final rule is available
on https://www.regulations.gov at Docket
No. FWS–R1–ES–2018–0033 and on our
website at https://ecos.fws.gov/ecp0/
profile/speciesProfile?spcode=B002.
Comments and materials we received, as
well as supporting documentation we
used in preparing this rule, are also
available for public inspection at https://
www.regulations.gov. Persons who use a
telecommunications device for the deaf
(TDD) may call the Federal Relay
Service at 1–800–877–8339.
FOR FURTHER INFORMATION CONTACT:
Jesse D’Elia, Pacific Regional Office,
U.S. Fish and Wildlife Service,
Ecological Services, 911 NE 11th Ave.,
Portland, OR 97232; telephone 503–
231–6131. Persons who use a
telecommunications device for the deaf
(TDD) may call the Federal Relay
Service at 1–800–877–8339.
SUPPLEMENTARY INFORMATION:
ADDRESSES:
Sfmt 4700
Why we need to publish a rule. Under
the Endangered Species Act, a
population of a threatened or
endangered species may be designated
as an experimental population prior to
its reintroduction. Experimental
populations can only be designated by
issuing a rule.
What this document does. This rule
will designate California condors
(Gymnogyps californianus) reintroduced
to the Pacific Northwest as a
nonessential experimental population
on the List of Endangered and
Threatened Wildlife in title 50 of the
Code of Federal Regulations at 50 CFR
17.11(h) with a rule issued under
section 10(j) of the Act (hereafter
referred to as a ‘‘10(j) rule’’) at 50 CFR
17.84.
The basis for our action. Based on the
best scientific and commercial data
available (in accordance with 50 CFR
17.81), we find that releasing the
California condors into the Pacific
Northwest, with the regulatory
provisions in this final rulemaking, will
further the conservation of the species.
The nonessential experimental
population status is appropriate for the
reintroduced population because we
have determined that it is not essential
to the continued existence of the species
in the wild.
In making our finding that this action
will further the conservation of the
species, we evaluate any possible
adverse effects on extant California
condor populations, the likelihood that
any such experimental population will
become established and survive in the
foreseeable future, the relative effects
that establishment of an experimental
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Agencies
[Federal Register Volume 86, Number 55 (Wednesday, March 24, 2021)]
[Rules and Regulations]
[Pages 15596-15602]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-05422]
-----------------------------------------------------------------------
ENVIRONMENTAL PROTECTION AGENCY
40 CFR Parts 281 and 282
[EPA-R04-UST-2019-0582; FRL-10014-89-Region 4]
South Carolina: Final Approval of State Underground Storage Tank
Program Revisions, Codification, and Incorporation by Reference
AGENCY: Environmental Protection Agency (EPA).
ACTION: Direct final rule.
-----------------------------------------------------------------------
SUMMARY: The State of South Carolina (South Carolina or State) has
applied to the Environmental Protection Agency (EPA) for final approval
of revisions to its Underground Storage Tank Program (UST Program)
under subtitle I of the Resource Conservation and Recovery Act (RCRA or
Act). Pursuant to RCRA, the EPA is taking direct final action, subject
to public comment, to approve revisions to the UST Program. The EPA has
reviewed South Carolina's revisions and has determined that these
revisions satisfy all requirements needed for approval. In addition,
this action also codifies the EPA's approval of South Carolina's
revised UST Program and incorporates by reference those provisions of
the State statutes and regulations that the EPA has determined meet the
requirements for approval.
DATES: This rule is effective May 24, 2021, unless the EPA receives
adverse comment by April 23, 2021. If the 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 May 24, 2021.
ADDRESSES: Submit your comments by one of the following methods:
Federal eRulemaking Portal: https://www.regulations.gov
(our preferred method). Follow the online instructions for submitting
comments.
Email: [email protected]. Include the Docket ID No. EPA-
R04-UST-2019-0582 in the subject line of the message.
Instructions: Submit your comments, identified by Docket ID No.
EPA-R04-UST-2019-0582, via the Federal eRulemaking Portal at https://www.regulations.gov. Follow the online instructions for submitting
comments. Once submitted, comments cannot be edited or removed from
https://www.regulations.gov. The EPA may publish any comment received
to its public docket. Do not submit electronically any information you
consider to be Confidential Business Information (CBI) or other
information whose disclosure is restricted by statute. Multimedia
submissions (audio, video, etc.) must be accompanied by a written
comment. The written comment is considered the official comment and
should include discussion of all points you wish to make. The EPA will
generally not consider comments or comment contents located outside of
the primary submission (i.e., on the web, cloud, or other file sharing
system). For additional submission methods, the full EPA public comment
policy, information about CBI or multimedia submissions, and general
guidance on making effective comments, please visit: https://www.epa.gov/dockets/commenting-epa-dockets.
Out of an abundance of caution for members of the public and our
staff, the public's access to the EPA Region 4 Offices is by
appointment only to reduce the risk of transmitting COVID-19. We
encourage the public to submit comments via https://www.regulations.gov
or via email. The EPA encourages electronic comment submittals, but if
you are unable to submit electronically or need other assistance,
please contact Ben Singh, the contact listed in the FOR FURTHER
INFORMATION CONTACT provision below. The index to the docket for this
action and all documents that form the basis of this codification and
associated publicly available docket materials are available for review
on the https://www.regulations.gov website. The EPA encourages
electronic reviewing of these documents, but if you are unable to
review these documents electronically, please contact Ben Singh to
schedule an appointment to view the documents at the Region 4 Offices.
Interested persons wanting to examine these documents should make an
appointment at least two weeks in advance. EPA Region 4 requires all
visitors adhere to the COVID-19 protocol, which requires face coverings
and social distancing.
Please also contact Ben Singh if you need assistance in a language
other than English or if you are a person with disabilities who needs a
reasonable accommodation at no cost to you. For further information on
EPA Docket Center services and the current status, please visit us
online at https://www.epa.gov/dockets.
The EPA continues to carefully and continuously monitor information
from the Centers for Disease Control and Prevention (CDC), local area
health departments, and our Federal partners so that we can respond
rapidly as conditions change regarding COVID-19.
[[Page 15597]]
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. Approval of Revisions to South Carolina's Underground Storage Tank
(UST) Program
A. Why are revisions to state UST programs necessary?
States that have received final approval from the EPA under section
9004(b) of RCRA, 42 U.S.C. 6991c(b), must maintain a UST program that
is no less stringent than the Federal 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
title 40 of the Code of Federal Regulations (CFR) part 280. States can
also initiate changes on their own to their UST programs and these
changes must then be approved by the EPA.
B. What decision has the EPA made in this rule?
On April 16, 2019, in accordance with 40 CFR 281.51(a), South
Carolina submitted a complete program revision application (State
Application) seeking approval of changes to its UST Program. The
program revisions requested in the State Application correspond to the
EPA final rule published on July 15, 2015 (80 FR 41566), which revised
the 1988 UST regulations and the 1988 state program approval (SPA)
regulations (2015 Federal Revisions). As required by 40 CFR 281.20, the
State Application contains the following: A transmittal letter from the
Governor requesting approval; a description of the program and
operating procedures; a demonstration of the State's procedures to
ensure adequate enforcement; a Memorandum of Agreement outlining the
roles and responsibilities of the EPA and the implementing agency; an
Attorney General's Statement; \1\ and copies of all relevant State
statutes and regulations. The EPA has reviewed the State Application
and has determined that the revisions to South Carolina's UST Program
are no less stringent than the corresponding Federal requirements in
subpart C of 40 CFR part 281, and that the South Carolina UST Program
continues to provide adequate enforcement of compliance. Therefore, the
EPA grants South Carolina final approval to operate its UST Program
with the revisions described in the State Application, and as outlined
below. The South Carolina Department of Health and Environmental
Control (DHEC) is the lead implementing agency for the UST Program in
South Carolina, except in Indian country as noted below in Section I.I.
---------------------------------------------------------------------------
\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 South
Carolina DHEC General Counsel has represented that it has such
authority and has submitted such statement as part of the State
Application.
---------------------------------------------------------------------------
C. What is the effect of this approval on the regulated community?
Section 9004(b) of RCRA, 42 U.S.C. 6991c(b), as amended, allows the
EPA to approve state UST programs to operate in lieu of the Federal
program. With this approval, the changes described in the State
Application will become part of the approved State UST Program, and
therefore will be federally enforceable. South Carolina will continue
to have primary enforcement authority and responsibility for its State
UST Program. This action does not impose additional requirements on the
regulated community because the regulations being approved by this rule
are already in effect in the State of South Carolina, and are not
changed by this action. This action merely approves the existing State
regulations as meeting the 2015 Federal Revisions and rendering them
federally enforceable.
D. Why is the 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. South Carolina addressed all comments it
received during its comment period when the rules and regulations being
considered in this document 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 simultaneously
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 South Carolina previously been approved?
Effective September 27, 2002, the EPA granted final approval for
South Carolina to administer the State UST Program in lieu of the
Federal UST program (67 FR 55160, August 28, 2002). Effective June 9,
2014, the EPA incorporated by reference and codified the federally
approved South Carolina UST Program (79 FR 19830, April 10, 2014). As a
result of the EPA's approval, these provisions became subject to the
EPA's corrective action, inspection, and enforcement authorities under
RCRA sections 9003(h), 9005, and 9006, 42 U.S.C. 6991b(h), 6991d, and
6991e, and other applicable statutory and regulatory provisions.
G. What changes is the EPA approving with this action and what
standards do we use for review?
In order to be approved, each state program revision application
must meet the general requirements in 40 CFR 281.11 (General
Requirements), and the specific requirements in 40 CFR part 281,
subpart B (Components of a Program Application), subpart C (Criteria
for No Less Stringent), and subpart D (Adequate Enforcement of
Compliance).
As more fully described below, the State has made changes to its
UST Program to reflect the 2015 Federal Revisions. These changes are
included in South Carolina's UST Rules at S.C. Code Ann. Regs. 61-92,
as amended, effective May 26, 2017. The EPA is proposing to approve the
State's changes because they are no less stringent than the Federal UST
program, and because the revised South Carolina UST Program will
continue to provide for adequate enforcement of compliance as required
by 40 CFR 281.11(b) and part 281, subparts C and D, after this
approval.
DHEC continues to be the lead implementing agency for the UST
[[Page 15598]]
Program in South Carolina. DHEC has broad statutory and regulatory
authority to regulate the installation, operation, maintenance, and
closure of USTs, as well as UST releases, under the State Underground
Petroleum Environmental Response Bank Act (SUPERB) of 1988, S.C. Code
Ann. sections 44-2-10 to 44-2-150, and the South Carolina UST Rules at
S.C. Code Ann. Regs. 61-92 (2017).
As part of the State Application, South Carolina has identified the
following specific authorities for compliance monitoring, required
pursuant to 40 CFR 281.40: S.C. Code. Ann. section 44-2-50(C); and S.C.
Code. Ann. Regs. 61-92, section 280.34.
As part of the State Application, South Carolina has identified the
following specific authorities for enforcement response, required
pursuant to 40 CFR 281.41: S.C. Code. Ann. section 44-2-140; and S.C.
Code. Ann. Regs. 61-92, sections 280.26 and 280.301.
As part of the State Application, South Carolina has identified the
following specific authorities enabling public participation in the
State enforcement process, required pursuant to 40 CFR 281.42: Rule
24(a)(2) of the South Carolina Rules of Civil Procedure; and S.C. Code.
Ann. Regs. 61-92, section 280.67. Further, through a Memorandum of
Agreement between DHEC and the EPA, effective October 12, 2018, the
State maintains procedures for receiving and ensuring proper
consideration of information about violations submitted by the public,
and DHEC 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 UST Program.
To qualify for final approval, revisions to a state's UST program
must be no less stringent than the 2015 Federal Revisions. In the 2015
Federal Revisions, the EPA addressed UST 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. South Carolina adopted all of the required 2015 Federal
Revisions at S.C. Code. Ann. Regs. 61-92 (2017).
As part of the State Application, the DHEC General Counsel has
certified that the State regulations provide for adequate enforcement
of compliance and meet the no less stringent criteria in 40 CFR part
281, subparts C and D. The EPA is relying on this certification, in
addition to the analysis submitted by the State, in approving the
State's changes.
H. Where are the revised State rules different from the Federal rules?
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 South Carolina'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 are broader in scope than
their Federal counterparts in accordance with 40 CFR 281.12(a)(3).
State requirements that go beyond the scope of the Federal program are
not part of the federally approved program and the EPA cannot enforce
them. Although these requirements are enforceable by the State in
accordance with South Carolina law, they are not Federal RCRA
requirements. The EPA considers the following State requirements to be
broader in scope than the Federal program and therefore not part of the
federally approved State UST Program:
Statutory Broader in Scope Provisions
i. S.C. Code Ann. section 44-2-40, insofar as it provides for the
creation of a SUPERB Account and SUPERB Financial Responsibility Fund
(collectively, ``State funds''), and establishes criteria for accessing
the funds.
ii. S.C. Code Ann. section 44-2-60, insofar as it requires
registration, beyond the Federal notification requirements, and the
payment of registration fees for underground storage tanks.
iii. S.C. Code Ann. section 44-2-75, insofar as it provides for a
means of establishing insurance pools to demonstrate financial
responsibility.
iv. S.C. Code Ann. section 44-2-90, insofar as it refers to
interest collected on State funds and the sunset date of the
environmental impact fee.
v. S.C. Code Ann. section 44-2-110, insofar as it establishes
criteria for qualified expenditure of funds from the SUPERB Account.
vi. S.C. Code Ann. section 44-2-115, insofar as it regulates
eligibility for the SUPERB Account.
vii. S.C. Code Ann. section 44-2-120, insofar as it establishes
requirements for site rehabilitation contractors.
viii. S.C. Code Ann. section 44-2-130, insofar as it establishes
criteria for compensation from the SUPERB Account.
ix. S.C. Code Ann. section 44-2-150, insofar as it establishes
provisions for the creation and operations of a SUPERB Advisory
Committee.
Regulatory Broader in Scope Provisions
i. S.C. Code Ann. Regs. 61-92, section 280.10(d), insofar as it
requires UST systems to be permitted or registered with DHEC.
ii. S.C. Code Ann. Regs. 61-92, section 280.20, as to the text
``obtain permits in accordance with section 280.23 and'' in the
introductory paragraph, and the text ``on the Permit to Operate
application form in accordance with section 280.23'' in (f), insofar as
they require UST systems to be permitted by DHEC.
iii. S.C. Code Ann. Regs. 61-92, sections 280.22(h) and (i),
insofar as they require UST systems to be registered with DHEC.
iv. S.C. Code Ann. Regs. 61-92, section 280.23, insofar as it
requires UST systems to be permitted by DHEC.
v. S.C. Code Ann. Regs. 61-92, sections 280.101(b) through (e),
insofar as they establish regulations for the administration of the
State funds.
vi. S.C. Code Ann. Regs. 61-92, section 280.300, insofar as it
gives DHEC broad authority to grant variances that may be beyond the
scope of that allowed by the Memorandum of Agreement between DHEC and
EPA.
I. How does this action affect Indian country (18 U.S.C. 1151) in South
Carolina?
The EPA's approval of South Carolina's UST Program does not extend
to Indian country as defined in 18 U.S.C. 1151, which includes the
Catawba Indian Nation. The EPA will retain responsibilities under RCRA
for underground storage tanks in Indian country. Therefore, this action
has no effect in Indian country. See 40 CFR 281.12(a)(2).
[[Page 15599]]
II. Codification
A. What is codification?
Codification is the process of placing citations and references to
a state's statutes and regulations that comprise a state's approved UST
program into the CFR. The EPA codifies its approval of state programs
in 40 CFR part 282 and incorporates by reference state statutes and
regulations that the EPA can enforce, after the approval is final,
under sections 9005 and 9006 of RCRA, and any other applicable
statutory provisions. The incorporation by reference of EPA-approved
state programs in the CFR should substantially enhance the public's
ability to discern the status of the approved state UST programs 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 South Carolina's UST Program?
In 2014, the EPA incorporated by reference and codified South
Carolina's approved UST Program at 40 CFR 282.90 (79 FR 19830, April
10, 2014). Through this action, the EPA is amending 40 CFR 282.90 to
incorporate by reference and codify South Carolina's revised UST
Program.
C. What codification decisions is the EPA making in this rule?
In this rule, the EPA is finalizing regulatory text that
incorporates by reference the federally approved South Carolina UST
Program, including the revisions made to the UST Program based on the
2015 Federal Revisions. In accordance with the requirements of 1 CFR
51.5, the EPA is incorporating by reference South Carolina's statutes
and regulations as described in the amendments to 40 CFR part 282 set
forth below. These documents are available through https://www.regulations.gov. This codification reflects the State UST Program
that will be in effect at the time the EPA's approval of the revisions
to the South Carolina UST Program addressed in this direct final rule
becomes final. If, however, the EPA receives substantive comment on the
proposed rule, 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 South Carolina UST Program
and by amending the CFR, the public will more easily be able to discern
the status of the federally-approved requirements of the South Carolina
UST Program.
Specifically, in 40 CFR 282.90(d)(1)(i), the EPA is incorporating
by reference the EPA-approved South Carolina UST Program. Section
282.90(d)(1)(ii) identifies the State's statutes and regulations that
are part of the approved State UST Program, although not incorporated
by reference for enforcement purposes. Section 282.90(d)(1)(iii)
identifies the State's statutory and regulatory provisions that are
broader in scope or external to the State's approved UST Program and
therefore not incorporated by reference. Section 282.90(d)(2) through
(5) reference the Attorney General's Statement, Demonstration of
Adequate Enforcement Procedures, the Program Description, and the
Memorandum of Agreement, which are part of the State Application and
part of the UST Program under subtitle I of RCRA.
D. What is the effect of the EPA's codification of the federally
approved South Carolina 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 South Carolina, the EPA will rely on Federal sanctions,
Federal inspection authorities, and other Federal procedures rather
than the State analogs. Therefore, the EPA is not incorporating by
reference South Carolina's procedural and enforcement authorities,
although they are listed in 40 CFR 282.90(d)(1)(ii).
E. What State provisions are not part of the codification?
As discussed in section I.H. above, some provisions of the State's
UST Program are not part of the federally approved State UST Program
because they are broader in scope than the Federal UST program. Where
an approved state program has provisions that are broader in scope than
the Federal program, those provisions are not a part of the federally
approved program. As a result, State provisions which are broader in
scope than the Federal program are not incorporated by reference for
purposes of enforcement in part 282. See 40 CFR 281.12(a)(3)(ii). In
addition, provisions that are external to the State UST Program
approval requirements, but included in the State Application, are also
being excluded from incorporation by reference in part 282. For
reference and clarity, 40 CFR 282.90(d)(1)(iii) lists the South
Carolina statutory and regulatory provisions which are broader in scope
than the Federal program or external to state UST program approval
requirements. These provisions are, therefore, not part of the approved
UST Program that the EPA is codifying. Although these provisions cannot
be enforced by the EPA, the State will continue to implement and
enforce such provisions under State law.
III. Statutory and Executive Order (E.O.) Reviews
The EPA's actions merely approve and codify South Carolina's
revised UST Program requirements pursuant to RCRA section 9004, and do
not impose additional requirements other than those imposed by State
law. For that reason, these actions:
Are not significant regulatory actions subject to review
by the Office of Management and Budget under Executive Orders 12866 (58
FR 51735, October 4, 1993) and 13563 (76 FR 3821, January 21, 2011);
Are not Executive Order 13771 (82 FR 9339, February 2,
2017) regulatory actions because UST program approvals are exempted
under Executive Order 12866;
Do not impose an information collection burden under the
provisions of the Paperwork Reduction Act (44 U.S.C. 3501 et seq.);
Are certified as not having a significant economic impact
on a substantial number of small entities under the Regulatory
Flexibility Act (5 U.S.C. 601 et seq.);
Do not contain any unfunded mandate or significantly or
uniquely affect small governments, as described in the Unfunded
Mandates Reform Act of 1995 (Pub. L. 104-4);
Do not have federalism implications as specified in
Executive Order 13132 (64 FR 43255, August 10, 1999);
Are not economically significant regulatory actions based
on health or safety risks subject to Executive Order 13045 (62 FR
19885, April 23, 1997);
Are not significant regulatory actions subject to
Executive Order 13211 (66 FR 28355, May 22, 2001);
Are not subject to the requirements of section 12(d) of
the National Technology Transfer and Advancement Act of 1995 (15 U.S.C.
272 note) because application of those requirements would be
inconsistent with RCRA;
Do not provide the EPA with the discretionary authority to
address, as appropriate, disproportionate human health or environmental
effects, using practicable and legally permissible methods, under
Executive Order 12898 (59 FR 7629, February 16, 1994); and
[[Page 15600]]
Do not apply on any Indian reservation land or in any
other area where the EPA or an Indian tribe has demonstrated that a
tribe has jurisdiction. The rule does not have tribal implications as
specified by Executive Order 13175 (65 FR 67249, November 9, 2000), nor
will it impose substantial direct costs on tribal governments or
preempt tribal law.
As required by section 3 of Executive Order 12988 (61 FR 4729,
February 7, 1996), in issuing this rule, the EPA has taken the
necessary steps to eliminate drafting errors and ambiguity, minimize
potential litigation, and provide a clear legal standard for affected
conduct.
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 May 24, 2021.
List of Subjects in 40 CFR Parts 281 and 282
Environmental protection, Administrative practice and procedure,
Hazardous substances, Incorporation by reference, Indian country,
Petroleum, Reporting and recordkeeping requirements, State program
approval, Underground storage tanks.
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: February 26, 2021.
John Blevins,
Acting Regional Administrator, Region 4.
For the reasons set forth in the preamble, the EPA is amending 40
CFR part 282 as follows:
PART 282--APPROVED UNDERGROUND STORAGE TANK PROGRAMS
0
1. The authority citation for part 282 continues to read as follows:
Authority: 42 U.S.C. 6912, 6991c, 6991d, and 6991e.
0
2. Revise Sec. 282.90 to read as follows:
Sec. 282.90 South Carolina State-Administered Program.
(a) History of the approval of South Carolina's program. The State
of South Carolina (South Carolina or State) is approved to administer
and enforce an underground storage tank (UST) program in lieu of the
Federal program under subtitle I of the Resource Conservation and
Recovery Act of 1976 (RCRA or Act), as amended, 42 U.S.C. 6991 et seq.
The State's Underground Storage Tank Program (UST Program), as
administered by the South Carolina Department of Health and
Environmental Control (DHEC), was approved by EPA pursuant to 42 U.S.C.
6991c and part 281 of this chapter. EPA approved the South Carolina UST
Program on August 28, 2002 and it was effective on September 27, 2002.
A subsequent program revision was approved by EPA and became effective
May 24, 2021.
(b) Enforcement authority. South Carolina has primary
responsibility for administering and enforcing its federally approved
UST Program. However, EPA retains the authority to exercise its
corrective action, inspection, and enforcement authorities under
sections 9003(h), 9005, and 9006 of subtitle I of RCRA, 42 U.S.C.
6991b(h), 6991d, and 6991e, as well as under any other applicable
statutory and regulatory provisions.
(c) Retention of program approval. To retain program approval,
South Carolina must revise its approved UST 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 South Carolina obtains approval for revised
requirements pursuant to section 9004 of RCRA, 42 U.S.C. 6991c, the
newly approved statutory and regulatory provisions will be added to
this subpart and notice of any change will be published in the Federal
Register.
(d) Final approval. South Carolina has final approval for the
following elements of its UST Program submitted to EPA and approved
effective September 27, 2002, and the program revisions approved by EPA
effective on May 24, 2021:
(1) State statutes and regulations--(i) Incorporation by reference.
The South Carolina materials cited in this paragraph (d)(1)(i), and
listed in appendix A to this part, are incorporated by reference as
part of the UST 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 access copies of the South Carolina statutes and regulations that
are incorporated by reference in this paragraph (d)(1)(i) from the
South Carolina State Register, 223 Blatt Building, 1105 Pendleton
Street, Columbia, South Carolina 29201; Phone number: (803) 212-4500;
website: https://www.scstatehouse.gov/. You may inspect all approved
material at EPA Region 4, 61 Forsyth Street SW, Atlanta, Georgia 30303;
Phone number: (404) 562-9900; or the National Archives and Records
Administration (NARA), email: [email protected], website: https://www.archives.gov/federal-register/cfr/ibr-locations.html.
(A) ``South Carolina Statutory Requirements Applicable to the
Underground Storage Tank Program,'' dated September 9, 2020.
(B) ``South Carolina Regulatory Requirements Applicable to the
Underground Storage Tank Program,'' dated September 9, 2020.
(ii) Legal basis. EPA considered the following statutes and
regulations which provide the legal basis for the State's
implementation of the UST Program, but they are not being incorporated
by reference and do not replace Federal authorities:
(A) State Underground Petroleum Environmental Response Bank Act
(SUPERB) of 1988, S.C. Code Ann. sections 44-2-10 to 44-2-150 (2010).
(1) Section 44-2-50(A) and (C) Regulations to be promulgated. Insofar
as it provides for the promulgation of regulations for the
implementation, compliance monitoring, and enforcement of the UST
Program.
(2) Section 44-2-70(B) Financial responsibility of underground
storage tank owners and operators. As to the first sentence, insofar as
it provides for the promulgation of regulations specifying financial
responsibility requirements and for taking corrective action and
compensating third parties for bodily injury and property damage caused
by accidental releases arising from operating an underground storage
tank.
(3) Section 44-2-140 Enforcement of chapter or department order,
penalties for violations. Insofar as it provides for compliance
monitoring and enforcement of the underground storage tank
requirements.
(B) South Carolina Underground Storage Tank Control Regulations, R.
61-92 (2017). (1) Section 280.26, Delivery Prohibitions. Insofar as it
identifies specific authorities for
[[Page 15601]]
enforcement response and delivery prohibition requirements.
(2) Section 280.67, Public Participation. Insofar as it identifies
specific authorities for enabling public participation in the
corrective action process.
(3) Section 280.301, Violations and Penalties. Insofar as it
provides for notice to violators, assessment of penalties, criminal
prosecution, and appeals under the SUPERB Act.
(4) Section 280.302, Appeals. Insofar as it provides for appeal of
any determination by DHEC under the provisions of S.C. Code Ann. Regs.
61-72, Procedures for Contested Cases, and the State Administrative
Procedures Act.
(C) SUPERB Site Rehabilitation and Fund Access Regulations, R.61-
98. Insofar as it contains requirements for site rehabilitation for
releases from underground storage tanks, access to the SUPERB Account,
and certification of site rehabilitation contractors.
(D) South Carolina Rules of Civil Procedure, Rule 24(a)(2),
Intervention. Insofar as it provides for public participation in the
State enforcement process.
(iii) Other provisions not incorporated by reference. The following
statutory and regulatory provisions applicable to the South Carolina
UST Program are broader in scope than the Federal program or external
to the state UST program approval requirements. Therefore, these
provisions are not part of the approved UST Program and are not
incorporated by reference herein:
(A) State Underground Petroleum Environmental Response Bank Act
(SUPERB) of 1988, S.C. Code Ann. sections 44-2-10 to 44-2-150 (2010).
(1) Section 44-2-40, insofar as it provides for the creation of a
SUPERB Account and SUPERB Financial Responsibility Fund (collectively,
``State funds''), and establishes criteria for accessing the funds.
(2) Section 44-2-50(B), is external insofar as it contains
obligations on the State agency, not a regulated entity.
(3) Section 44-2-60, insofar as it requires registration, beyond
the Federal notification requirements, and the payment of registration
fees for underground storage tanks.
(4) Section 44-2-75, insofar as it provides for a means of
establishing insurance pools to demonstrate financial responsibility.
(5) Section 44-2-90, insofar as it refers to interest collected on
State funds and the sunset date of the environmental impact fee.
(6) Section 44-2-110, insofar as it establishes criteria for
qualified expenditure of funds from the SUPERB Account.
(7) Section 44-2-115, insofar as it regulates eligibility for the
SUPERB Account.
(8) Section 44-2-120, insofar as it establishes requirements for
site rehabilitation contractors.
(9) Section 44-2-130, insofar as it establishes criteria for
compensation from the SUPERB Account.
(10) Section 44-2-150, insofar as it establishes provisions for the
creation and operations of a SUPERB Advisory Committee.
(B) South Carolina Underground Storage Tank Control Regulations,
R.61-92 (2017). (1) Section 280.10(d), insofar as it requires UST
systems to be permitted or registered with DHEC.
(2) Section 280.20, as to the text ``obtain permits in accordance
with section 280.23 and'' in the introductory paragraph, and the text
``on the Permit to Operate application form in accordance with Section
280.23'' in (f), insofar as they require UST systems to be permitted by
DHEC.
(3) Sections 280.22(h) and (i), insofar as they require UST systems
to be registered with DHEC.
(4) Section 280.23, insofar as it requires UST systems to be
permitted by DHEC.
(5) Sections 280.101(b) through (e), insofar as they establish
regulations for the administration of the State funds.
(6) Section 280.240(b), is external insofar as it contains
obligations on the State agency, not a regulated entity.
(7) Section 280.300, insofar as it gives DHEC broad authority to
grant variances that may be beyond the scope of that allowed by the
Memorandum of Agreement between DHEC and EPA.
(2) Statement of legal authority. The Attorney General's Statement
and Statement of Independent Legal Counsel, signed by DHEC's General
Counsel in lieu of the Attorney General on March 27, 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) Demonstration of procedures for adequate enforcement. The
``Demonstration of Adequate Enforcement Procedures'' submitted on April
16, 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.
(4) Program description. The program description and any other
material submitted on April 16, 2019, 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 4 and the South Carolina DHEC, signed by the EPA Regional
Administrator on October 12, 2018, though not incorporated by
reference, is referenced as part of the approved underground storage
tank program under subtitle I of RCRA, 42 U.S.C. 6991 et seq.
0
3. Amend appendix A to part 282 by revising the entry for South
Carolina to read as follows:
Appendix A to Part 282--State Requirements Incorporated by Reference in
Part 282 of the Code of Federal Regulations
* * * * *
South Carolina
(A) The statutory provisions include:
State Underground Petroleum Environmental Response Bank Act
(SUPERB) of 1988, S.C. Code Ann. sections 44-2-10 to 44-2-150
(2010):
44-2-10 Short Title.
44-2-20 Definitions.
44-2-70 Financial responsibility of underground storage tank
owners and operators; except the first sentence of (B).
44-2-80 Release of regulated substance; containment, removal,
and abatement.
(B) The regulatory provisions include:
South Carolina Underground Storage Tank Control Regulations,
R.61-92 (2017):
280.10 Applicability, except (d).
280.11 Installation requirements for partially excluded UST
systems.
280.12 Definitions.
280.20 Performance standards for new UST systems, except for the
text ``obtain permits in accordance with section 280.23 and'' in the
introductory paragraph, and the text ``on the Permit to Operate
application form in accordance with Section 280.23'' in (f).
280.21 Upgrading of Existing UST systems.
280.22 Notification requirements, except (h) and (i).
280.24 Testing.
280.25 Secondary containment required.
280.30 Spill and overfill control.
280.31 Operation and maintenance of corrosion protection.
280.32 Compatibility.
280.33 Repairs allowed.
280.34 Reporting and recordkeeping.
280.35 Periodic testing of spill prevention equipment and
containment sumps used for interstitial monitoring of piping and
periodic inspection of overfill prevention equipment.
280.36 Periodic operation and maintenance walkthrough
inspections.
280.40 General requirements for all UST systems.
280.41 Requirements for petroleum UST systems.
280.42 Requirements for hazardous substance UST systems.
[[Page 15602]]
280.43 Methods of release detection for tanks.
280.44 Methods of release detection for piping.
280.45 Release detection recordkeeping.
280.50 Reporting of suspected releases.
280.51 Investigation due to off-site impacts.
280.52 Release investigation and confirmation steps.
280.53 Reporting and cleanup of spills and overfills.
280.60 General.
280.61 Initial response.
280.62 Initial abatement measures and site check.
280.63 Initial site characterization.
280.64 Free product removal.
280.65 Investigations for soil and ground-water cleanup.
280.66 Corrective action plan.
280.70 Temporary closure.
280.71 Permanent closure and changes-in-service.
280.72 Assessing the site at closure or change-in-service.
280.73 Applicability to previously closed UST systems.
280.74 Closure records.
280.90 Applicability.
280.91 Compliance dates.
280.92 Definition of terms.
280.93 Amount and scope of required financial responsibility.
280.94 Allowable mechanisms and combinations of mechanisms.
280.95 Financial test of self-assurance.
280.96 Guarantee.
280.97 Insurance and risk retention group coverage.
280.98 Surety Bond.
280.99 Letter of credit.
280.100 Use of state-required mechanism [Reserved].
280.101 State fund or other state assurance, except (b) through
(e).
280.102 Trust Fund.
280.103 Standby trust fund.
280.104 Local government bond rating test.
280.105 Local government financial test.
280.106 Local government guarantee.
280.107 Local government fund.
280.108 Substitution of financial assurance mechanisms by owner
or operator.
280.109 Cancellation or non-renewal by a provider of financial
assurance.
280.110 Reporting by owner or operator.
280.111 Recordkeeping.
280.112 Drawing on financial assurance mechanisms.
280.113 Release from the requirements.
280.114 Bankruptcy or other incapacity of owner or operator or
provider of financial assurance.
280.115 Replenishment of guarantees, letters of credit, or
surety bonds.
280.116 Suspension of enforcement [Reserved].
280.200 Definitions.
280.210 Participation in management.
280.220 Ownership of an underground storage tank or underground
storage tank system or facility or property on which an underground
storage tank or underground storage tank system is located.
280.230 Operating an underground storage tank or underground
storage tank system.
280.240 General requirement for all UST systems, except (b).
280.241 Designation of Class A, B, and C operators.
280.242 Requirements for operator training.
280.243 Timing of operator training.
280.244 Retraining.
280.245 Documentation.
280.250 Definitions.
280.251 General Requirements.
280.252 Additions, exceptions, and alternatives for UST systems
with field-constructed tanks and airport hydrant systems.
(C) Copies of the South Carolina statutes and regulations that
are incorporated by reference are available from the South Carolina
State Register, 223 Blatt Building, 1105 Pendleton Street, Columbia,
South Carolina 29201; Phone number: (803) 212-4500; website: https://www.scstatehouse.gov/.
[FR Doc. 2021-05422 Filed 3-23-21; 8:45 am]
BILLING CODE 6560-50-P