Alabama: Final Approval of State Underground Storage Tank Program Revisions, Codification, and Incorporation by Reference, 51004-51009 [2021-19724]
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Federal Register / Vol. 86, No. 175 / Tuesday, September 14, 2021 / Rules and Regulations
Dated: August 25, 2021.
Charles Smith,
Acting Director, Biopesticides and Pollution
Prevention Division, Office of Pesticide
Programs.
Therefore, for the reasons stated in the
preamble, EPA is amending 40 CFR
chapter I as follows:
PART 174—PROCEDURES AND
REQUIREMENTS FOR PLANTINCORPORATED PROTECTANTS
1. The authority citation for part 174
continues to read as follows:
■
Authority: 7 U.S.C. 136–136y; 21 U.S.C.
321(q), 346a and 371.
■
2. Revise § 174.535 to read as follows:
§ 174.535 Spinach Defensin proteins;
temporary exemption from the requirement
of a tolerance.
Residues of the defensin proteins
SoD2, SoD2*, SoD7, and SoD8 derived
from spinach (Spinacia oleracea L.) in
or on citrus food commodities are
temporarily exempt from the
requirement of a tolerance when used as
a plant-incorporated protectant in citrus
plants in accordance with the terms of
Experimental Use Permit No. 88232–
EUP–1. This temporary exemption from
the requirement of a tolerance expires
on May 31, 2025.
[FR Doc. 2021–18786 Filed 9–13–21; 8:45 am]
BILLING CODE 6560–50–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Parts 281 and 282
[EPA–R04–UST–2020–0611; FRL–8784–01–
R4]
Alabama: 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 Alabama
(Alabama 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). 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 Alabama’s revisions and has
determined that these revisions satisfy
all requirements needed for approval. In
addition, this action also codifies the
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SUMMARY:
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EPA’s approval of Alabama’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 November
15, 2021, unless the EPA receives
adverse comment by October 14, 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 November 15, 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: self.terry@epa.gov. Include
the Docket ID No. EPA–R04–UST–2020–
0611 in the subject line of the message.
Instructions: Submit your comments,
identified by Docket ID No. EPA–R04–
UST–2020–0611, 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
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submit electronically or need other
assistance, please contact Terry Self, the
contact listed in the FOR FURTHER
INFORMATION CONTACT provision below.
The index to the docket for this action
is available electronically at https://
www.regulations.gov. The 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
Terry Self 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 to adhere to the COVID–19
protocol. Please contact Terry Self for
the COVID–19 protocol requirements for
your appointment.
Please also contact Terry Self 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.
FOR FURTHER INFORMATION CONTACT:
Terry Self, 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–
9396; email address: self.terry@epa.gov.
Please contact Terry Self by phone or
email for further information.
SUPPLEMENTARY INFORMATION:
I. Approval of Revisions to Alabama’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
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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.
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B. What decision has the EPA made in
this rule?
On October 10, 2018, in accordance
with 40 CFR 281.51(a), Alabama
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; and
copies of all relevant State statutes and
regulations. The EPA has reviewed the
State Application and has determined
that the revisions to Alabama’s UST
Program are no less stringent than the
corresponding Federal requirements in
subpart C of 40 CFR part 281, and that
the Alabama UST Program continues to
provide adequate enforcement of
compliance. Therefore, the EPA grants
Alabama final approval to operate its
UST Program with the revisions
described in the State Application, and
as outlined below. The Alabama
Department of Environmental
Management (ADEM) is the lead
implementing agency for the UST
program in Alabama, except in Indian
country as noted below.
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.
Alabama will continue to have primary
enforcement authority and
responsibility for its State UST Program.
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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 Alabama, 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.
Alabama 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 Alabama previously
been approved?
Effective March 25, 1997, the EPA
granted final approval for Alabama to
administer the State UST Program in
lieu of the Federal UST program, and
incorporated by reference and codified
the federally approved State UST
Program (62 FR 3613, January 24, 1997).
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.
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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 the Alabama Administrative Code,
Chapter 335–6–15 (Ala. Admin. Code
chapter 335–6–15), as amended,
effective December 8, 2017. The EPA is
approving the State’s changes because
they are no less stringent than the
Federal UST program, and because the
revised Alabama 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.
ADEM continues to be the lead
implementing agency for the UST
Program in Alabama, except in Indian
country. ADEM has broad statutory and
regulatory authority to regulate the
installation, operation, maintenance,
and closure of USTs, as well as UST
releases, under the Alabama
Underground Storage Tank and
Wellhead Protection Act of 1988, Code
of Alabama, 1975, Title 22, Chapter 36
(Ala. Code 22–36), and Ala. Admin.
Code chapter 335–6–15 (2017).
The following State authorities
provide authority for compliance
monitoring as required by 40 CFR
281.40: Ala. Code sections 22–36–3, 22–
36–4, and 22–36–6(b) and (c) and Ala.
Admin. Code r. 335–6–15–.13, 335–6–
15–.40, and 335–6–15–.41.
The following State authorities
provide authority for enforcement
response as required by 40 CFR 281.41:
Ala. Code sections 22–36–3, 22–36–9,
and 22–22A–5(19), and Ala. Admin.
Code r. 335–6–15–.45.
The following State authorities
provide authority for enabling public
participation in the State enforcement
process, including citizen intervention,
as required by 40 CFR 281.42: Ala. Code
sections 22–36–8 and 22–22A–5(19),
Ala Admin. Code r. 335–6–15–.31, and
Alabama Rules of Civil Procedure Rule
24(a). Further, through a Memorandum
of Agreement between ADEM and the
EPA, effective October 12, 2018, the
State maintains procedures for receiving
and ensuring proper consideration of
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information about violations submitted
by the public, and ADEM will not
oppose citizen intervention when
permissive intervention is allowed by
statute, rule or regulation.
The following State authorities
provide authority for the sharing of
information as required pursuant to 40
CFR 281.43: Ala. Code section 22–36–8
and Ala. Admin. Code r. 335–6–15–.39.
Further, through the October 12, 2018
Memorandum of Agreement between
ADEM and the EPA, ADEM agrees to
furnish to 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. Alabama adopted all
of the required 2015 Federal Revisions
at Ala. Admin. Code chapter 335–6–15
(2017).
As part of the State Application, the
Alabama Attorney General 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.
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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
Alabama’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.
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In addition, states may enact laws
which are broader in scope than their
Federal counterparts in accordance with
40 CFR 281.12(a)(3)(ii). 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 Alabama
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
• Ala. Code section 22–36–5, insofar
as it requires the collection of
underground storage tank fees.
• Ala. Code sections 22–35–1 to 22–
35–13, insofar as it establishes
procedures for administration of the
Alabama Underground and
Aboveground Storage Tank Trust Fund.
Regulatory Broader in Scope Provisions
• Ala. Admin. Code r. 335–6–15–.32,
insofar as it specifies analytical methods
for soil and groundwater sampling.
• Ala. Admin. Code r. 335–6–15–.42,
insofar as it requires owners of
underground storage tanks to pay an
annual fee.
• Ala. Admin. Code r. 335–6–15–.47,
insofar as it specifies certification
requirements for individuals who
supervise installation, closure, and
repair of UST systems.
• Ala. Admin. Code chapter 335–6–
16, insofar as it establishes procedures
for implementation of the Alabama
Underground and Aboveground Storage
Tank Trust Fund.
I. How does this action affect Indian
country (18 U.S.C. 1151) in Alabama?
The EPA’s approval of Alabama’s UST
Program does not extend to Indian
country as defined in 18 U.S.C. 1151,
which includes the Poarch Band of
Creek Indians. 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).
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
Code of Federal Regulations (CFR). The
EPA codifies its approval of state
programs in 40 CFR part 282 and
incorporates by reference state statutes
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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
Alabama’s UST Program?
In 1997, the EPA incorporated by
reference and codified Alabama’s
approved UST Program at 40 CFR
282.50 (62 FR 3613, January 24, 1997).
Through this action, the EPA is
amending 40 CFR 282.50 to incorporate
by reference and codify Alabama’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
Alabama 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 Alabama’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 Alabama
UST Program addressed in this direct
final rule become 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
Alabama 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
Alabama UST Program.
Specifically, in 40 CFR 282.50(d)(1)(i),
the EPA is incorporating by reference
the EPA-approved Alabama UST
Program. Section 282.50(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, unless they
impose obligations on the regulated
entity. Section 282.50(d)(1)(iii)
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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
282.50(d)(2) through (d)(5) reference the
Attorney General’s Statement,
Demonstration of Adequate
Enforcement Procedures, Program
Description, and Memorandum of
Agreement, which are part of the State
Application and part of the UST
Program under subtitle I of RCRA.
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D. What is the effect of the EPA’s
codification of the federally approved
Alabama 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
Alabama, 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 Alabama’s
procedural and enforcement authorities,
although they are listed in 40 CFR
282.50(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. See 40 CFR 281.12(a)(3)(ii). 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. 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 282.50(d)(1)(iii) lists the
Alabama 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
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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 Alabama’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);
• 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
• 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
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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 November 15, 2021.
List of Subjects in 40 CFR Parts 281 and
282
Administrative practice and
procedure, Environmental protection,
Hazardous substances, Incorporation by
reference, Indian country, Petroleum,
Reporting and recordkeeping
requirements, State program approval,
and 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: September 8, 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:
■
Authority: 42 U.S.C. 6912, 6991c, 6991d,
and 6991e.
■
2. Revise § 282.50 to read as follows:
§ 282.50 Alabama State-Administered
Program.
(a) History of the approval of
Alabama’s Program. The State of
Alabama (Alabama 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), as amended, 42 U.S.C. 6991 et
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seq. The State’s Underground Storage
Tank Program (UST Program), as
administered by the Alabama
Department of Environmental
Management (ADEM), was approved by
EPA pursuant to 42 U.S.C. 6991c and
part 281 of this chapter. The EPA
approved the Alabama UST Program on
January 24, 1997 and it was effective on
March 25, 1997. A subsequent program
revision was approved by EPA and
became effective November 15, 2021.
(b) Enforcement authority. Alabama
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, Alabama 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 Alabama
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. Alabama has final
approval for the following elements of
its UST Program submitted to EPA and
approved effective March 25, 1997, and
the program revisions approved by EPA
effective on November 15, 2021:
(1) State statutes and regulations—(i)
Incorporation by reference. The
Alabama 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 Alabama statutes that are
incorporated by reference in this
paragraph (d)(1)(i) from the Alabama
Legislative Services Agency, Alabama
State House, Suite 613, 11 South Union
Street, Montgomery, Alabama 36110–
2400; Phone number: (334) 271–7700;
website: https://lsa.state.al.us. You may
access copies of the regulations that are
incorporated by reference at the
following website https://www.alabama
administrativecode.state.al.us. You may
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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) ‘‘Alabama Statutory Requirements
Applicable to the Underground Storage
Tank Program,’’ dated March 21, 2021.
(B) ‘‘Alabama Regulatory
Requirements Applicable to the
Underground Storage Tank Program,’’
dated March 21, 2021.
(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, unless the
provisions place requirements on
regulated entities:
(A) Alabama Underground Storage
Tank and Wellhead Protection Act of
1988, Ala. Code sections 22–36–1 to 22–
36–10 (1988):
(1) Section 22–36–3—Rules and
regulations governing underground
storage tanks. Insofar as it provides
specific authorities enabling compliance
monitoring and enforcement response.
(2) Section 22–36–4—Information to
be furnished by owner upon request of
department; owner to permit access to
records and entry and inspection of
facilities. Insofar as it provides specific
authorities enabling compliance
monitoring.
(3) Section 22–36–6(b) and (c)—
Expenditure of funds from Leaking
Underground Storage Tank Trust Fund;
investigative and corrective powers in
regard to administration of funds;
liability of owner or operator for costs.
Insofar as it provides specific authorities
enabling compliance monitoring.
(4) Section 22–36–8—Availability to
public of records, reports, or
information obtained under chapter.
Insofar as it provides specific authorities
enabling public participation and the
sharing of information.
(5) Section 22–36–9—Penalties.
Insofar as it provides specific authorities
enabling enforcement response.
(B) Alabama Underground Storage
Tank Control Regulations, Ala. Admin.
Code r. 335–6–15–.01 to 335–6–15–.49
(2017):
(1) Rule 335–6–15–.13—Reporting
and Recordkeeping. Insofar as it
provides specific authorities enabling
compliance monitoring.
(2) Rule 335–6–15–.19—Release
Reporting and Recordkeeping. Insofar as
it provides specific authorities enabling
compliance monitoring.
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(3) Rule 335–6–15–.31—Public
Participation. Insofar as it identifies
specific authorities enabling public
participation.
(4) Rule 335–6–15–.39—Availability
To Public of Records, Reports or
Information. Insofar as it provides
specific authorities enabling the sharing
of information.
(5) Rule 335–6–15–.40—Access To
Records. Insofar as it provides specific
authorities enabling compliance
monitoring.
(6) Rule 335–6–15–.41—Entry and
Inspection Of Facilities. Insofar as it
provides specific authorities enabling
compliance monitoring.
(7) Rule 335–6–15–.45—Delivery
Prohibition. Insofar as it identifies
specific authorities enabling
enforcement response.
(C) Ala. Code section 22–22A–5(19)—
Powers and functions of Department;
representation of Department by
Attorney General in legal actions.
Insofar as it provides specific authorities
enabling enforcement and public
participation.
(D) Alabama Rules of Civil Procedure,
Rule 24(a)—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 Alabama 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) Alabama Underground Storage
Tank and Wellhead Protection Act of
1988, Ala. Code sections 22–36–1 to 22–
36–10 (1988):
(1) Section 22–36–5, insofar as it
requires the collection of an
underground storage tank fee.
(2) Section 22–36–6(a) is external
insofar as it pertains to ADEM’s
implementation of the Leaking
Underground Storage Tank Trust Fund.
(3) Section 22–36–7 is external insofar
as it provides authority for the
promulgation of regulations to establish
and protect wellhead areas.
(4) Section 22–36–10 is external
insofar as it places requirements on the
promulgation of rules and regulations to
be adopted by ADEM.
(B) Alabama Underground Storage
Tank Control Regulations, Ala. Admin.
Code r. 335–6–15–.01 to 335–6–15–.49
(2017):
(1) Rule 335–6–15–.01 is external
insofar as it contains the State’s public
policy for regulating underground
storage tanks.
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(2) Rule 335–6–15–.32, insofar as it
specifies analytical methods for soil and
groundwater sampling.
(3) Rule 335–6–15–.38 is external
insofar as it provides specific authority
for ADEM to require an owner or
operator to provide an alternate or
temporary drinking water source.
(4) Rule 335–6–15–.42, insofar as it
requires owners of underground storage
tanks to pay an annual fee.
(5) Rule 335–6–15–.44 is external
insofar as it is a reserved provision.
(6) Rule 335–6–15–.47, insofar as it
imposes certification requirements on
individuals who supervise installation,
closure, and repair of underground
storage tanks.
(7) Rule 335–6–15–.49 is external
insofar as it relates to the severability of
the underground storage tank
requirements.
(C) Alabama Underground and
Aboveground Storage Tank Trust Fund
Act, Code of Alabama, Ala. Code
sections 22–35–1 to 22–35–13 (1988).
Insofar as it establishes procedures for
administration of the Alabama
Underground and Aboveground Storage
Tank Trust Fund for purposes of paying
response actions and third-party claims.
(D) Alabama Underground and
Aboveground Storage Tank Trust Fund
Regulations, Ala. Admin. Code r. 335–
6–16–.01 to 335–6–16–.20 (2015).
Insofar it establishes procedures for
determining eligibility for
disbursements from the Alabama
Underground and Aboveground Storage
Tank Trust Fund for paying response
actions and third-party claims.
(2) Statement of legal authority. The
Attorney General’s Statement, signed by
the Alabama Attorney General on April
16, 2018, though not incorporated by
reference, is referenced as part of the
approved underground storage tank
program under subtitle I of RCRA, 42
U.S.C. 6991 et seq.
(3) Demonstration of procedures for
adequate enforcement. The
‘‘Demonstration of Adequate
Enforcement Procedures’’ submitted as
part of the application on October 10,
2018, though not incorporated by
reference, is referenced as part of the
approved underground storage tank
program under subtitle I of RCRA, 42
U.S.C. 6991 et seq.
(4) Program description. The program
description and any other material
submitted as part of the application on
October 10, 2018, though not
incorporated by reference, are
referenced as part of the approved
underground storage tank program
under subtitle I of RCRA, 42 U.S.C. 6991
et seq.
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(5) Memorandum of Agreement. The
Memorandum of Agreement between
EPA Region 4 and ADEM, 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 Alabama to read
as follows:
Appendix A to Part 282—State
Requirements Incorporated by
Reference in Part 282 of the Code of
Federal Regulations
*
*
*
*
*
Alabama
(a) The statutory provisions include:
Alabama Underground Storage Tank and
Wellhead Protection Act of 1988, Ala. Code
sections 22–36–1 to 22–36–10 (1988):
Section 22–36–1 Short title.
Section 22–36–2 Definitions.
Section 22–36–4 Information to be
furnished by owner upon request of
department; owner to permit access of
records and entry and inspection of
facilities, insofar as it imposes
requirements on owners and operators of
underground storage tank systems.
(b) The regulatory provisions include:
Alabama Underground Storage Tank
Control Regulations, Ala. Admin. Code r.
335–6–15–.01 to 335–6–15–.49 (2017):
Rule 335–6–15–.02 Definitions.
Rule 335–6–15–.03 Applicability.
Rule 335–6–15–.04 Installation
Requirements For Partially Excluded UST
Systems.
Rule 335–6–15–.05 Notification
Requirements.
Rule 335–6–15–.06 Performance
Standards For New UST Systems, And
Dispensers.
Rule 335–6–15–.07 Upgrading Of Existing
UST Systems.
Rule 335–6–15–.08 Plans and
Specifications.
Rule 335–6–15–.09 Operation,
Maintenance, and Testing or Inspection of
Spill and Overfill Prevention Equipment And
Containment Systems; And Walkthrough
Inspections.
Rule 335–6–15–.10 Operation and
Maintenance of Corrosion Protection.
Rule 335–6–15–.11 Compatibility.
Rule 335–6–15–.12 Repairs Allowed.
Rule 335–6–15–.13 Reporting And
Recordkeeping, insofar as it imposes
requirements on owners and operators.
Rule 335–6–15–.14 General Release
Detection Requirements For All UST
Systems.
Rule 335–6–15–.15 Release Detection
Requirements For Petroleum UST Systems.
Rule 335–6–15–.16 Release Detection
Requirements For Hazardous Substance UST
Systems.
Rule 335–6–15–.17 Methods Of Release
Detection For Underground Storage Tanks.
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51009
Rule 335–6–15–.18 Methods Of Release
Detection For Underground Piping.
Rule 335–6–15–.19 Release Detection
Recordkeeping, insofar as it imposes
requirements on owners and operators.
Rule 335–6–15–.20 Reporting Of
Suspected Releases.
Rule 335–6–15–.21 Investigation Due To
Environmental Impacts.
Rule 335–6–15–.22 Release Investigation
And Confirmation Steps.
Rule 335–6–15–.23 Reporting And
Cleanup Of Spills And Overfills.
Rule 335–6–15–.24 Initial Release
Response.
Rule 335–6–15–.25 Initial Abatement
Measures And Preliminary Investigation.
Rule 335–6–15–.26 Preliminary
Investigation Requirements.
Rule 335–6–15–.27 Free Product
Removal.
Rule 335–6–15–.28 Secondary
Investigation Requirements.
Rule 335–6–15–.29 Corrective Action
Plan.
Rule 335–6–15–.30 Corrective Action
Requirements.
Rule 335–6–15–.33 Temporary Closure.
Rule 335–6–15–.34 Permanent Closure
And Changes-In-Service.
Rule 335–6–15–.35 Site Closure Or
Change-In-Service Assessment.
Rule 335–6–15–.36 Applicability to
Previously Closed UST Systems.
Rule 335–6–15–.37 Closure Records.
Rule 335–6–15–.43 Financial
Responsibility for Petroleum UST Owners
And Operators.
Rule 335–6–15–.46 Operator Training.
Rule 335–6–15–.48 UST Systems With
Field-Constructed Tanks And UST Systems
With Airport Hydrant Fuel Distribution
Systems.
(c) Copies of Alabama statutes that are
incorporated by reference are available from
the Legislative Services Agency, Alabama
State House, Suite 613, 11 South Union
Street, Montgomery, Alabama 36110–2400;
Phone number: (334) 271–7700; website:
https://lsa.state.al.us. Copies of Alabama
regulations that are incorporated by reference
are available at the following website: https://
www.alabamaadministrativecode.state.al.us.
*
*
*
*
*
[FR Doc. 2021–19724 Filed 9–13–21; 8:45 am]
BILLING CODE 6560–50–P
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[Federal Register Volume 86, Number 175 (Tuesday, September 14, 2021)]
[Rules and Regulations]
[Pages 51004-51009]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-19724]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Parts 281 and 282
[EPA-R04-UST-2020-0611; FRL-8784-01-R4]
Alabama: 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 Alabama (Alabama 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). 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 Alabama'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 Alabama'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 November 15, 2021, unless the EPA
receives adverse comment by October 14, 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
November 15, 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-2020-0611 in the subject line of the message.
Instructions: Submit your comments, identified by Docket ID No.
EPA-R04-UST-2020-0611, 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 Terry Self, the contact listed in the FOR FURTHER
INFORMATION CONTACT provision below. The index to the docket for this
action is available electronically at https://www.regulations.gov. The
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 Terry Self 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 to
adhere to the COVID-19 protocol. Please contact Terry Self for the
COVID-19 protocol requirements for your appointment.
Please also contact Terry Self 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.
FOR FURTHER INFORMATION CONTACT: Terry Self, 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) 562-9396; email
address: [email protected]. Please contact Terry Self by phone or
email for further information.
SUPPLEMENTARY INFORMATION:
I. Approval of Revisions to Alabama'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
[[Page 51005]]
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 October 10, 2018, in accordance with 40 CFR 281.51(a), Alabama
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; and copies of all relevant State statutes and
regulations. The EPA has reviewed the State Application and has
determined that the revisions to Alabama's UST Program are no less
stringent than the corresponding Federal requirements in subpart C of
40 CFR part 281, and that the Alabama UST Program continues to provide
adequate enforcement of compliance. Therefore, the EPA grants Alabama
final approval to operate its UST Program with the revisions described
in the State Application, and as outlined below. The Alabama Department
of Environmental Management (ADEM) is the lead implementing agency for
the UST program in Alabama, except in Indian country as noted below.
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. Alabama 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 Alabama, 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. Alabama 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 Alabama previously been approved?
Effective March 25, 1997, the EPA granted final approval for
Alabama to administer the State UST Program in lieu of the Federal UST
program, and incorporated by reference and codified the federally
approved State UST Program (62 FR 3613, January 24, 1997). 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 the Alabama Administrative Code, Chapter 335-6-15 (Ala.
Admin. Code chapter 335-6-15), as amended, effective December 8, 2017.
The EPA is approving the State's changes because they are no less
stringent than the Federal UST program, and because the revised Alabama
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.
ADEM continues to be the lead implementing agency for the UST
Program in Alabama, except in Indian country. ADEM has broad statutory
and regulatory authority to regulate the installation, operation,
maintenance, and closure of USTs, as well as UST releases, under the
Alabama Underground Storage Tank and Wellhead Protection Act of 1988,
Code of Alabama, 1975, Title 22, Chapter 36 (Ala. Code 22-36), and Ala.
Admin. Code chapter 335-6-15 (2017).
The following State authorities provide authority for compliance
monitoring as required by 40 CFR 281.40: Ala. Code sections 22-36-3,
22-36-4, and 22-36-6(b) and (c) and Ala. Admin. Code r. 335-6-15-.13,
335-6-15-.40, and 335-6-15-.41.
The following State authorities provide authority for enforcement
response as required by 40 CFR 281.41: Ala. Code sections 22-36-3, 22-
36-9, and 22-22A-5(19), and Ala. Admin. Code r. 335-6-15-.45.
The following State authorities provide authority for enabling
public participation in the State enforcement process, including
citizen intervention, as required by 40 CFR 281.42: Ala. Code sections
22-36-8 and 22-22A-5(19), Ala Admin. Code r. 335-6-15-.31, and Alabama
Rules of Civil Procedure Rule 24(a). Further, through a Memorandum of
Agreement between ADEM and the EPA, effective October 12, 2018, the
State maintains procedures for receiving and ensuring proper
consideration of
[[Page 51006]]
information about violations submitted by the public, and ADEM will not
oppose citizen intervention when permissive intervention is allowed by
statute, rule or regulation.
The following State authorities provide authority for the sharing
of information as required pursuant to 40 CFR 281.43: Ala. Code section
22-36-8 and Ala. Admin. Code r. 335-6-15-.39. Further, through the
October 12, 2018 Memorandum of Agreement between ADEM and the EPA, ADEM
agrees to furnish to 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. Alabama adopted all of the required 2015 Federal Revisions at
Ala. Admin. Code chapter 335-6-15 (2017).
As part of the State Application, the Alabama Attorney General 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 Alabama'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)(ii).
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 Alabama 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
Ala. Code section 22-36-5, insofar as it requires the
collection of underground storage tank fees.
Ala. Code sections 22-35-1 to 22-35-13, insofar as it
establishes procedures for administration of the Alabama Underground
and Aboveground Storage Tank Trust Fund.
Regulatory Broader in Scope Provisions
Ala. Admin. Code r. 335-6-15-.32, insofar as it specifies
analytical methods for soil and groundwater sampling.
Ala. Admin. Code r. 335-6-15-.42, insofar as it requires
owners of underground storage tanks to pay an annual fee.
Ala. Admin. Code r. 335-6-15-.47, insofar as it specifies
certification requirements for individuals who supervise installation,
closure, and repair of UST systems.
Ala. Admin. Code chapter 335-6-16, insofar as it
establishes procedures for implementation of the Alabama Underground
and Aboveground Storage Tank Trust Fund.
I. How does this action affect Indian country (18 U.S.C. 1151) in
Alabama?
The EPA's approval of Alabama's UST Program does not extend to
Indian country as defined in 18 U.S.C. 1151, which includes the Poarch
Band of Creek Indians. 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).
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 Code of Federal Regulations (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 Alabama's UST Program?
In 1997, the EPA incorporated by reference and codified Alabama's
approved UST Program at 40 CFR 282.50 (62 FR 3613, January 24, 1997).
Through this action, the EPA is amending 40 CFR 282.50 to incorporate
by reference and codify Alabama'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 Alabama 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 Alabama'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 Alabama UST Program addressed in this direct final rule become
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 Alabama 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 Alabama UST
Program.
Specifically, in 40 CFR 282.50(d)(1)(i), the EPA is incorporating
by reference the EPA-approved Alabama UST Program. Section
282.50(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, unless they impose obligations
on the regulated entity. Section 282.50(d)(1)(iii)
[[Page 51007]]
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 282.50(d)(2) through
(d)(5) reference the Attorney General's Statement, Demonstration of
Adequate Enforcement Procedures, Program Description, and 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 Alabama 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 Alabama, 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
Alabama's procedural and enforcement authorities, although they are
listed in 40 CFR 282.50(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. See 40 CFR 281.12(a)(3)(ii). 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. 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 282.50(d)(1)(iii) lists the Alabama
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 Alabama'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);
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
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 November 15, 2021.
List of Subjects in 40 CFR Parts 281 and 282
Administrative practice and procedure, Environmental protection,
Hazardous substances, Incorporation by reference, Indian country,
Petroleum, Reporting and recordkeeping requirements, State program
approval, and 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: September 8, 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. 282.50 to read as follows:
Sec. 282.50 Alabama State-Administered Program.
(a) History of the approval of Alabama's Program. The State of
Alabama (Alabama 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), as amended, 42 U.S.C. 6991 et
[[Page 51008]]
seq. The State's Underground Storage Tank Program (UST Program), as
administered by the Alabama Department of Environmental Management
(ADEM), was approved by EPA pursuant to 42 U.S.C. 6991c and part 281 of
this chapter. The EPA approved the Alabama UST Program on January 24,
1997 and it was effective on March 25, 1997. A subsequent program
revision was approved by EPA and became effective November 15, 2021.
(b) Enforcement authority. Alabama 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,
Alabama 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 Alabama 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. Alabama has final approval for the following
elements of its UST Program submitted to EPA and approved effective
March 25, 1997, and the program revisions approved by EPA effective on
November 15, 2021:
(1) State statutes and regulations--(i) Incorporation by reference.
The Alabama 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 Alabama statutes that are incorporated by
reference in this paragraph (d)(1)(i) from the Alabama Legislative
Services Agency, Alabama State House, Suite 613, 11 South Union Street,
Montgomery, Alabama 36110-2400; Phone number: (334) 271-7700; website:
https://lsa.state.al.us. You may access copies of the regulations that
are incorporated by reference at the following website https://www.alabamaadministrativecode.state.al.us. 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) ``Alabama Statutory Requirements Applicable to the Underground
Storage Tank Program,'' dated March 21, 2021.
(B) ``Alabama Regulatory Requirements Applicable to the Underground
Storage Tank Program,'' dated March 21, 2021.
(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, unless the
provisions place requirements on regulated entities:
(A) Alabama Underground Storage Tank and Wellhead Protection Act of
1988, Ala. Code sections 22-36-1 to 22-36-10 (1988):
(1) Section 22-36-3--Rules and regulations governing underground
storage tanks. Insofar as it provides specific authorities enabling
compliance monitoring and enforcement response.
(2) Section 22-36-4--Information to be furnished by owner upon
request of department; owner to permit access to records and entry and
inspection of facilities. Insofar as it provides specific authorities
enabling compliance monitoring.
(3) Section 22-36-6(b) and (c)--Expenditure of funds from Leaking
Underground Storage Tank Trust Fund; investigative and corrective
powers in regard to administration of funds; liability of owner or
operator for costs. Insofar as it provides specific authorities
enabling compliance monitoring.
(4) Section 22-36-8--Availability to public of records, reports, or
information obtained under chapter. Insofar as it provides specific
authorities enabling public participation and the sharing of
information.
(5) Section 22-36-9--Penalties. Insofar as it provides specific
authorities enabling enforcement response.
(B) Alabama Underground Storage Tank Control Regulations, Ala.
Admin. Code r. 335-6-15-.01 to 335-6-15-.49 (2017):
(1) Rule 335-6-15-.13--Reporting and Recordkeeping. Insofar as it
provides specific authorities enabling compliance monitoring.
(2) Rule 335-6-15-.19--Release Reporting and Recordkeeping. Insofar
as it provides specific authorities enabling compliance monitoring.
(3) Rule 335-6-15-.31--Public Participation. Insofar as it
identifies specific authorities enabling public participation.
(4) Rule 335-6-15-.39--Availability To Public of Records, Reports
or Information. Insofar as it provides specific authorities enabling
the sharing of information.
(5) Rule 335-6-15-.40--Access To Records. Insofar as it provides
specific authorities enabling compliance monitoring.
(6) Rule 335-6-15-.41--Entry and Inspection Of Facilities. Insofar
as it provides specific authorities enabling compliance monitoring.
(7) Rule 335-6-15-.45--Delivery Prohibition. Insofar as it
identifies specific authorities enabling enforcement response.
(C) Ala. Code section 22-22A-5(19)--Powers and functions of
Department; representation of Department by Attorney General in legal
actions. Insofar as it provides specific authorities enabling
enforcement and public participation.
(D) Alabama Rules of Civil Procedure, Rule 24(a)--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 Alabama 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) Alabama Underground Storage Tank and Wellhead Protection Act of
1988, Ala. Code sections 22-36-1 to 22-36-10 (1988):
(1) Section 22-36-5, insofar as it requires the collection of an
underground storage tank fee.
(2) Section 22-36-6(a) is external insofar as it pertains to ADEM's
implementation of the Leaking Underground Storage Tank Trust Fund.
(3) Section 22-36-7 is external insofar as it provides authority
for the promulgation of regulations to establish and protect wellhead
areas.
(4) Section 22-36-10 is external insofar as it places requirements
on the promulgation of rules and regulations to be adopted by ADEM.
(B) Alabama Underground Storage Tank Control Regulations, Ala.
Admin. Code r. 335-6-15-.01 to 335-6-15-.49 (2017):
(1) Rule 335-6-15-.01 is external insofar as it contains the
State's public policy for regulating underground storage tanks.
[[Page 51009]]
(2) Rule 335-6-15-.32, insofar as it specifies analytical methods
for soil and groundwater sampling.
(3) Rule 335-6-15-.38 is external insofar as it provides specific
authority for ADEM to require an owner or operator to provide an
alternate or temporary drinking water source.
(4) Rule 335-6-15-.42, insofar as it requires owners of underground
storage tanks to pay an annual fee.
(5) Rule 335-6-15-.44 is external insofar as it is a reserved
provision.
(6) Rule 335-6-15-.47, insofar as it imposes certification
requirements on individuals who supervise installation, closure, and
repair of underground storage tanks.
(7) Rule 335-6-15-.49 is external insofar as it relates to the
severability of the underground storage tank requirements.
(C) Alabama Underground and Aboveground Storage Tank Trust Fund
Act, Code of Alabama, Ala. Code sections 22-35-1 to 22-35-13 (1988).
Insofar as it establishes procedures for administration of the Alabama
Underground and Aboveground Storage Tank Trust Fund for purposes of
paying response actions and third-party claims.
(D) Alabama Underground and Aboveground Storage Tank Trust Fund
Regulations, Ala. Admin. Code r. 335-6-16-.01 to 335-6-16-.20 (2015).
Insofar it establishes procedures for determining eligibility for
disbursements from the Alabama Underground and Aboveground Storage Tank
Trust Fund for paying response actions and third-party claims.
(2) Statement of legal authority. The Attorney General's Statement,
signed by the Alabama Attorney General on April 16, 2018, though not
incorporated by reference, is referenced as part of the approved
underground storage tank program under subtitle I of RCRA, 42 U.S.C.
6991 et seq.
(3) Demonstration of procedures for adequate enforcement. The
``Demonstration of Adequate Enforcement Procedures'' submitted as part
of the application on October 10, 2018, though not incorporated by
reference, is referenced as part of the approved underground storage
tank program under subtitle I of RCRA, 42 U.S.C. 6991 et seq.
(4) Program description. The program description and any other
material submitted as part of the application on October 10, 2018,
though not incorporated by reference, are referenced as part of the
approved underground storage tank program under subtitle I of RCRA, 42
U.S.C. 6991 et seq.
(5) Memorandum of Agreement. The Memorandum of Agreement between
EPA Region 4 and ADEM, 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 Alabama to
read as follows:
Appendix A to Part 282--State Requirements Incorporated by Reference in
Part 282 of the Code of Federal Regulations
* * * * *
Alabama
(a) The statutory provisions include: Alabama Underground
Storage Tank and Wellhead Protection Act of 1988, Ala. Code sections
22-36-1 to 22-36-10 (1988):
Section 22-36-1 Short title.
Section 22-36-2 Definitions.
Section 22-36-4 Information to be furnished by owner upon request of
department; owner to permit access of records and entry and
inspection of facilities, insofar as it imposes requirements on
owners and operators of underground storage tank systems.
(b) The regulatory provisions include:
Alabama Underground Storage Tank Control Regulations, Ala.
Admin. Code r. 335-6-15-.01 to 335-6-15-.49 (2017):
Rule 335-6-15-.02 Definitions.
Rule 335-6-15-.03 Applicability.
Rule 335-6-15-.04 Installation Requirements For Partially
Excluded UST Systems.
Rule 335-6-15-.05 Notification Requirements.
Rule 335-6-15-.06 Performance Standards For New UST Systems, And
Dispensers.
Rule 335-6-15-.07 Upgrading Of Existing UST Systems.
Rule 335-6-15-.08 Plans and Specifications.
Rule 335-6-15-.09 Operation, Maintenance, and Testing or
Inspection of Spill and Overfill Prevention Equipment And
Containment Systems; And Walkthrough Inspections.
Rule 335-6-15-.10 Operation and Maintenance of Corrosion
Protection.
Rule 335-6-15-.11 Compatibility.
Rule 335-6-15-.12 Repairs Allowed.
Rule 335-6-15-.13 Reporting And Recordkeeping, insofar as it
imposes requirements on owners and operators.
Rule 335-6-15-.14 General Release Detection Requirements For All
UST Systems.
Rule 335-6-15-.15 Release Detection Requirements For Petroleum
UST Systems.
Rule 335-6-15-.16 Release Detection Requirements For Hazardous
Substance UST Systems.
Rule 335-6-15-.17 Methods Of Release Detection For Underground
Storage Tanks.
Rule 335-6-15-.18 Methods Of Release Detection For Underground
Piping.
Rule 335-6-15-.19 Release Detection Recordkeeping, insofar as it
imposes requirements on owners and operators.
Rule 335-6-15-.20 Reporting Of Suspected Releases.
Rule 335-6-15-.21 Investigation Due To Environmental Impacts.
Rule 335-6-15-.22 Release Investigation And Confirmation Steps.
Rule 335-6-15-.23 Reporting And Cleanup Of Spills And Overfills.
Rule 335-6-15-.24 Initial Release Response.
Rule 335-6-15-.25 Initial Abatement Measures And Preliminary
Investigation.
Rule 335-6-15-.26 Preliminary Investigation Requirements.
Rule 335-6-15-.27 Free Product Removal.
Rule 335-6-15-.28 Secondary Investigation Requirements.
Rule 335-6-15-.29 Corrective Action Plan.
Rule 335-6-15-.30 Corrective Action Requirements.
Rule 335-6-15-.33 Temporary Closure.
Rule 335-6-15-.34 Permanent Closure And Changes-In-Service.
Rule 335-6-15-.35 Site Closure Or Change-In-Service Assessment.
Rule 335-6-15-.36 Applicability to Previously Closed UST
Systems.
Rule 335-6-15-.37 Closure Records.
Rule 335-6-15-.43 Financial Responsibility for Petroleum UST
Owners And Operators.
Rule 335-6-15-.46 Operator Training.
Rule 335-6-15-.48 UST Systems With Field-Constructed Tanks And
UST Systems With Airport Hydrant Fuel Distribution Systems.
(c) Copies of Alabama statutes that are incorporated by
reference are available from the Legislative Services Agency,
Alabama State House, Suite 613, 11 South Union Street, Montgomery,
Alabama 36110-2400; Phone number: (334) 271-7700; website: https://lsa.state.al.us. Copies of Alabama regulations that are incorporated
by reference are available at the following website: https://www.alabamaadministrativecode.state.al.us.
* * * * *
[FR Doc. 2021-19724 Filed 9-13-21; 8:45 am]
BILLING CODE 6560-50-P
