Commonwealth of Kentucky: Codification and Incorporation by Reference of Approved State Underground Storage Tank Program, 3679-3684 [2022-01296]
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Federal Register / Vol. 87, No. 16 / Tuesday, January 25, 2022 / Rules and Regulations
Requirements for the Atlanta Area’’ after
the entry for ‘‘2008 8-hour ozone
Maintenance Plan for the Atlanta Area,
§ 52.570
Revision for the Removal of
Transportation Control Measures’’ to
read as follows:
*
Identification of plan.
*
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(e) * * *
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EPA-APPROVED GEORGIA NON-REGULATORY PROVISIONS
Applicable geographic or
nonattainment area
*
*
2015 8-hour Ozone NAAQS Nonattainment New Source Review
Requirements for the Atlanta
Area.
*
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Bartow, Clayton, Cobb, DeKalb,
Fulton, Gwinnett, and Henry
Counties.
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[FR Doc. 2022–01299 Filed 1–24–22; 8:45 am]
BILLING CODE 6560–50–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 141
[EPA–HQ–OW–2020–0530; FRL–6791–05–
OW]
RIN 2040–AF89
Revisions to the Unregulated
Contaminant Monitoring Rule (UCMR
5) for Public Water Systems and
Announcement of Public Meetings;
Technical Corrections
Environmental Protection
Agency (EPA).
ACTION: Final rule and notice of public
meetings; correction.
AGENCY:
The U.S. Environmental
Protection Agency (EPA) is making
minor, non-substantive changes to a
final rule, ‘‘Revisions to the Unregulated
Contaminant Monitoring Rule (UCMR 5)
for Public Water Systems and
Announcement of Public Meetings,’’
that appeared in the Federal Register on
December 27, 2021. These corrections
do not change any final action taken by
EPA on December 27, 2021; rather, they
simply clarify the amendatory
instructions.
SUMMARY:
DATES:
Effective January 26, 2022.
FOR FURTHER INFORMATION CONTACT:
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State submittal
date/effective
date
Name of nonregulatory SIP
provision
Brenda D. Bowden, Standards and Risk
Management Division (SRMD), Office of
Ground Water and Drinking Water
(OGWDW) (MS 140), Environmental
Protection Agency, 26 West Martin
Luther King Drive, Cincinnati, Ohio
45268; telephone number: (513) 569–
7961; email address: bowden.brenda@
epa.gov; or Melissa Simic, SRMD,
OGWDW (MS 140), Environmental
Protection Agency, 26 West Martin
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7/2/2020
*
EPA approval date
*
*
1/25/2022, [Insert citation of publication].
*
*
*
Luther King Drive, Cincinnati, Ohio
45268; telephone number: (513) 569–
7864; email address: simic.melissa@
epa.gov. For general information, visit
the Ground Water and Drinking Water
web page at: https://www.epa.gov/
ground-water-and-drinking-water.
SUPPLEMENTARY INFORMATION: Section
553(b)(B) of the Administrative
Procedure Act, 5 U.S.C. 553(b)(B),
provides that, when an agency for good
cause finds that public notice and
comment procedures are impracticable,
unnecessary, or contrary to the public
interest, the agency may issue a rule
without providing notice and an
opportunity for public comment. EPA
has determined that there is good cause
for making this rule final without
proposal and opportunity for comment
because such notice and opportunity for
comment is unnecessary for the
following reasons: EPA is making
minor, non-substantive changes to a
final rule, ‘‘Revisions to the Unregulated
Contaminant Monitoring Rule (UCMR 5)
for Public Water Systems,’’ that
appeared in the Federal Register on
December 27, 2021. These corrections
do not change any final action taken by
EPA on December 27, 2021; rather, they
simply clarify the logistical instructions
to the Office of the Federal Register to
amend 40 CFR part 141. Thus, notice
and comment is unnecessary because
the public has previously had the
opportunity to comment on the
proposed action finalized on December
27, 2021.
Corrections
In FR Doc. 2021–27858 appearing on
page 73131 in the Federal Register of
Monday, December 27, 2021, the
following corrections are made:
§ 141.35
[Corrected]
1. On page 73151, in the second
column, in part 141, instruction 2.a, ‘‘In
paragraph (a), revise the fourth
■
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Explanation
*
sentence;’’ is corrected to read ‘‘In
paragraph (a), revise the third
sentence;’’.
■ 2. On page 73151, in the third column,
in part 141, instruction 2.d, ‘‘In
paragraph (d)(2), revise the first, second,
and third sentences; and’’ is corrected to
read ‘‘In paragraph (d)(2), revise the
heading and the first and second
sentences; and’’.
§ 141.40
[Corrected]
3. On page 73155, in the first column,
in part 141, instructiont 3.d, ‘‘Revise
paragraphs (a)(4)(i)(A) through (C),
(a)(4)(ii) introductory text, and the first
sentence in paragraph (a)(4)(ii)(A);’’ is
corrected to read ‘‘Revise paragraphs
(a)(4)(i)(A) through (C), (a)(4)(ii)
introductory text, and paragraph
(a)(4)(ii)(A);’’.
■ 4. On page 73155, in the second
column, in part 141, instruction 3.f, ‘‘In
paragraph (a)(5)(ii), revise the fifth and
sixth sentences;’’ is corrected to read ‘‘In
paragraph (a)(5)(ii), revise the fourth
and fifth sentences;’’.
■
Radhika Fox,
Assistant Administrator.
[FR Doc. 2022–01383 Filed 1–24–22; 8:45 am]
BILLING CODE 6560–50–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 282
[EPA–R04–UST–2020–0696; FRL–9057–02–
R4]
Commonwealth of Kentucky:
Codification and Incorporation by
Reference of Approved State
Underground Storage Tank Program
Environmental Protection
Agency (EPA).
ACTION: Direct final rule.
AGENCY:
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Federal Register / Vol. 87, No. 16 / Tuesday, January 25, 2022 / Rules and Regulations
The Resource Conservation
and Recovery Act of 1976 (RCRA), as
amended, authorizes the Environmental
Protection Agency (EPA) to grant
approval to States to operate their
underground storage tank (UST)
programs in lieu of the Federal program.
The Commonwealth of Kentucky
(Commonwealth or State) applied to the
EPA for final approval of its UST
Program on October 7, 2019, and on
September 16, 2020, the EPA published
a final determination and approval of
the Commonwealth’s UST Program.
This action codifies the EPA’s prior
approval of the Commonwealth’s UST
Program, and incorporates by reference
approved provisions of the State’s
statutes and regulations.
DATES: This rule is effective March 28,
2022, unless the EPA receives adverse
comment by February 24, 2022. 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 March 28, 2022.
ADDRESSES: Comments may be
submitted 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–2020–
0696 in the subject line of the message.
Instructions: Submit your comments,
identified by Docket ID No. EPA–R04–
UST–2020–0696, 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
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SUMMARY:
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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
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
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. The EPA Region 4 requires all
visitors to adhere to the COVID–19
protocol. Please contact Ben Singh for
the COVID–19 protocol requirements
prior to your appointment.
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 the 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, local area health
departments, and our Federal partners
so that we can respond rapidly as
conditions change regarding COVID–19.
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.
FOR FURTHER INFORMATION CONTACT:
SUPPLEMENTARY INFORMATION:
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I. 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 the 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.
A. For what has the Commonwealth
previously been approved?
On September 16, 2020, the EPA
published a notice in the Federal
Register announcing its decision to
grant final approval to the
Commonwealth to operate its UST
Program as described in an October 7,
2019 State Application (85 FR 57754).
The State UST Program regulations were
amended effective April 5, 2019, and
included revisions which correspond to
the EPA final rule published on July 15,
2015 (80 FR 41566), which revised the
1988 UST regulations and the 1988
State program approval (SPA)
regulations (2015 Federal Revisions). 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.
B. What codification decision has the
EPA made in this rule?
In this rule, the EPA is finalizing
regulatory text that incorporates by
reference the federally approved
Kentucky UST Program. In accordance
with the requirements of 1 CFR 51.5, the
EPA is incorporating by reference the
Commonwealth’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 in effect
at the time the EPA granted its approval
of the Kentucky UST Program, and only
the EPA-approved provisions of the
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Federal Register / Vol. 87, No. 16 / Tuesday, January 25, 2022 / Rules and Regulations
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Kentucky UST Program will be
incorporated by reference.
To codify the EPA’s approval of
Kentucky’s UST Program, the EPA has
added section 282.67 to Title 40 of the
CFR. More specifically, in 40 CFR
282.67(d)(1)(i), the EPA is incorporating
by reference the EPA-approved
Kentucky UST Program. Section
282.67(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 regulated entities.
Section 282.67(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 282.67(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.
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
282.67(d)(1)(iii) lists the Kentucky
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.
E. 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 action as
noncontroversial and anticipate no
adverse comment. Notice and
C. What is the effect of the EPA’s
opportunity for comment were provided
codification of the federally approved
Kentucky UST Program on enforcement? earlier on the EPA’s decision to approve
the Kentucky program, and the EPA is
The EPA retains the authority under
not now reopening that decision nor
sections 9003(h), 9005, and 9006 of
requesting comment on it.
subtitle I of RCRA, 42 U.S.C. 6991b(h),
F. What happens if the EPA receives
6991d, and 6991e, and other applicable
comments that oppose this codification?
statutory and regulatory provisions, to
undertake corrective action, inspections,
Along with this direct final rule, the
and enforcement actions, and to issue
EPA is simultaneously publishing a
orders in approved States. If the EPA
separate document in the ‘‘Proposed
determines it will take such actions in
Rules’’ section of this Federal Register
Kentucky, the EPA will rely on Federal
that serves as the proposal to codify the
sanctions, Federal inspection
State’s UST Program, and provides an
authorities, and other Federal
opportunity for public comment. If the
procedures rather than the State
EPA receives comments that oppose this
analogs. Therefore, the EPA is not
codification, the EPA will withdraw this
incorporating by reference the
direct final rule by publishing a
Commonwealth’s procedural and
document in the Federal Register before
enforcement authorities, although they
it becomes effective. The EPA will make
are listed in 40 CFR 282.67(d)(1)(ii) and any further decision on codification of
were previously considered by the EPA
the State UST Program after considering
in determining the adequacy of
all comments received during the
Kentucky’s enforcement authority. The
comment period. The EPA will then
Commonwealth’s authority to inspect
address all public comments in a later
and enforce the State’s UST Program
final rule.
continues to operate independently
II. Statutory and Executive Order
under State law.
Review
D. What State provisions are not part of
This action merely codifies
the codification?
Kentucky’s UST Program that the EPA
Some provisions of the State’s UST
has previously approved pursuant to
Program are not part of the federally
RCRA Section 9004 and does not
approved State UST Program. Where an impose additional requirements other
approved State program has provisions
than those imposed by State law. For
that are broader in scope than the
these reasons, this action:
• Is not a significant regulatory action
Federal program, those provisions are
and has been exempted from review by
not a part of the federally approved
the Office of Management and Budget
program. As a result, State provisions
under Executive Orders 12866 (58 FR
which are broader in scope than the
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51735, October 4, 1993) and 13563 (76
FR 3821, January 21, 2011);
• Does not impose an information
collection burden under the provisions
of the Paperwork Reduction Act (44
U.S.C. 3501 et seq.);
• Is 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.);
• Does 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);
• Does not have federalism
implications as specified in Executive
Order 13132 (64 FR 43255, August 10,
1999);
• Is not an economically significant
regulatory action based on health or
safety risks subject to Executive Order
13045 (62 FR 19885, April 23, 1997);
• Is not subject to Executive Order
13211 (66 FR 28355, May 22, 2001)
because it is not a ‘‘significant
regulatory action’’ under Executive
Order 12866 (58 FR 51735, October 4,
1993);
• Is 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;
• Does 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
• Does 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
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Federal Register / Vol. 87, No. 16 / Tuesday, January 25, 2022 / Rules and Regulations
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 March 28, 2022.
List of Subjects in 40 CFR Part 282
Administrative practice and
procedure, Environmental protection,
Hazardous substances, Incorporation by
reference, 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: January 18, 2022.
Daniel Blackman,
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.
Subpart B—Approved State Programs
■
2. Add § 282.67 to read as follows:
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§ 282.67 Kentucky State-Administered
Program.
(a) History of the approval of
Kentucky’s UST Program. The
Commonwealth of Kentucky
(Commonwealth or Kentucky) 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
seq. The State’s UST Program, as
administered by the Kentucky
Department for Environmental
Protection (KDEP), was approved by the
EPA pursuant to 42 U.S.C. 6991c and
part 281 of this chapter. The EPA
published the notice of final
determination approving the Kentucky
UST Program on September 16, 2020,
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and that approval became effective
immediately.
(b) Enforcement authority. Kentucky
has primary responsibility for enforcing
its UST Program. However, the EPA
retains the authority to exercise its
corrective action, inspection, and
enforcement authorities under sections
9003(h), 9005, and 9006 of subtitle I of
RCRA, 42 U.S.C. 6991b(h), 6991d, and
6991e, as well as under other statutory
and regulatory provisions.
(c) Retention of program approval. To
retain program approval, Kentucky 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 Kentucky
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. Kentucky has final
approval for the following elements
submitted to the EPA and approved
effective September 16, 2020.
(1) State statutes and regulations—(i)
Incorporation by reference. The
Kentucky materials cited in this
paragraph 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 Kentucky statutes and regulations
that are incorporated by reference from
the Kentucky Department for
Environmental Protection, Underground
Storage Tank Branch, 300 Sower
Boulevard, 2nd Floor, Frankfort,
Kentucky 40601. You may also access
copies of the statues and regulations
that are incorporated by reference from
the Kentucky Legislative Research
Commission at the following website:
https://legislature.ky.gov/Pages/
index.aspx. You may inspect all
approved material at the EPA Region 4,
61 Forsyth Street SW, Atlanta, Georgia
30303; Phone number: (404) 562–9900;
or the National Archives and Records
Administration (NARA), email:
fr.inspection@nara.gov; website: https://
www.archives.gov/federal-register/cfr/
ibr-locations.html.
(A) Kentucky Statutory Requirements
Applicable to the Underground Storage
Tank Program, dated September 10,
2021.
(B) Kentucky Regulatory
Requirements Applicable to the
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Underground Storage Tank Program,
dated September 10, 2021.
(ii) Legal basis. The EPA considered
the following statutes and regulations
which provide the legal basis for the
State’s implementation of the UST
Program, but these provisions do not
replace Federal authorities. Further,
these provisions are not incorporated by
reference, unless the provisions place
requirements on regulated entities.
(A) Kentucky Revised Statutes (KRS),
Chapter 61, subchapters 870 to 884
(2018)—insofar as these provisions
relate to authorities enabling public
participation and the sharing of
information.
(B) Kentucky Revised Statutes (KRS),
Chapter 224 (2017):
(1) KRS 224.1–400(9) and (11), insofar
as these provisions provide authority for
release reporting and notification to
KDEP.
(2) KRS 224.10–100(5), (10), and (28),
insofar as these provisions relate to the
general powers and duties of KDEP to
prevent pollution, conduct inspections
and compliance monitoring, and
promulgate UST regulations.
(3) KRS 224.10–410, insofar as it
relates to the authority of KDEP to issue
an order for corrective measures without
a hearing.
(4) KRS 224.10–420(2), insofar as it
relates to the administrative processes
governing enforcement proceedings and
public participation in the enforcement
process.
(5) KRS 224.10–440, insofar as it
relates to regulations governing the
procedural requirements for
administrative hearings.
(6) KRS 224.60–105(2)–(4), insofar as
these provisions relate to the general
authority of KDEP to regulate USTs and
the preemption of local laws,
ordinances, and regulations.
(7) KRS 224.60–120(6), insofar as it
relates to the authority of KDEP to
promulgate administrative regulations
for implementing financial
responsibility requirements.
(8) KRS 224.60–135(1), (2), and (4),
insofar as these provisions relate to the
authority of KDEP to require or initiate
corrective action for releases into the
environment.
(9) KRS 224.60–137(3), insofar as it
relates to the duty of KDEP to develop
standards for corrective action.
(10) KRS 224.60–138, insofar as it
relates to the duties of KDEP to
determine whether corrective action for
a release from or closure of a petroleum
UST has been completed.
(11) KRS 224.60–155, insofar as it
relates to the authority of KDEP to
assess a civil penalty for failure to
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Federal Register / Vol. 87, No. 16 / Tuesday, January 25, 2022 / Rules and Regulations
comply with the administrative
regulations.
(12) KRS 224.99–010(9), insofar as it
applies to KRS 224.1–400, and relates to
the authority to assess a civil penalty
and the concurrent jurisdiction and
venue of the Franklin Circuit Court.
(13) KRS 224.99–020, insofar as it
relates to the authority to commence an
enforcement action to require
compliance, or recovery of penalties or
costs.
(C) Kentucky Rules of Civil Procedure,
Rule 24, insofar as it provides for public
participation in the State enforcement
process, including intervention.
(D) 401 Kentucky Administrative
Regulations (KAR) 42:020 (2019)—
Section 18, insofar as it relates to the
authority of KDEP to implement
delivery prohibition.
(E) 400 Kentucky Administrative
Regulations (KAR) Chapter 1 (2018):
(1) 400 KAR 1:090, insofar as it
establishes procedures for
administrative hearings to enforce
compliance, and provides for public
participation.
(2) 400 KAR 1:100, insofar as it
contains the general administrative
hearing practice provisions governing
matters brought to enforce compliance
with the UST Program.
(iii) Other provisions not incorporated
by reference. The following statutory
and regulatory provisions 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
program, and are not incorporated by
reference herein:
(A) Kentucky Revised Statutes (KRS)
Chapter 224:
(1) KRS 224.60–110 is external insofar
as it contains the Kentucky General
Assembly’s legislative intent with
respect to the regulation of petroleum
underground storage tanks.
(2) KRS 224.60–130 is broader in
scope insofar as it relates to the
administration of the petroleum storage
tank environmental assurance fund.
(3) KRS 224.60–135(3) is external
insofar as it relates to the obligation of
KDEP to notify the UST owner or
operator prior to initiating or
contracting for corrective action.
(4) KRS 224.60–135(5) is broader in
scope insofar as it relates to the
authority of the State Fire Marshal to
promulgate regulations requiring
persons who install, repair, close or
remove USTs to demonstrate financial
assurance.
(5) KRS 224.60–137(1), (2), and (4) are
external insofar as they relate to
contracting with the University of
Kentucky for the purpose of updating
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standards for corrective action and for
the Cabinet to develop an inventory of
facilities eligible for reimbursement.
(6) KRS 224.60–140 is broader in
scope insofar as it relates to the creation
and administration of a petroleum
storage tank environmental assurance
fund.
(7) KRS 224.60–142 is broader in
scope insofar as it relates to UST
registration requirements applicable to
participation in the petroleum storage
tank environmental assurance fund.
(8) KRS 224.60–145 is broader in
scope insofar as it relates to the
establishment of an environmental
assurance fee and deposit fee, and
insofar as it relates to administration of
accounts in the petroleum storage tank
environmental assurance fund.
(9) KRS 224.60–150 is broader in
scope insofar as it relates to the
authority to levy and collect a fee from
owners or operators of USTs for the
purpose of funding the administration
of the UST Program.
(10) KRS 224.60–160 is external
insofar as it relates to the severability of
any provision of the statute.
(B) 401 Kentucky Administrative
Regulations (KAR) Chapter 42:
(1) 401 KAR 42:020
(i) Section 2(1)(b) is external insofar as
it relates to the attendance of a KDEP
representative during installation.
(ii) Sections 2(2)–(6) are broader in
scope insofar as they relate to UST
registration requirements.
(iii) Section 2(7)(c) is broader in scope
insofar as it relates to the submittal of
an amended UST Registration Form for
UST sale.
(iv) Sections 2(8)–(9) are broader in
scope insofar as they relate to
registration requirements and the
collection of annual fees.
(v) Section 3(1) is broader in scope
insofar as it relates to the submittal of
an amended UST Registration Form for
temporary closure.
(vi) Section 7 is broader in scope
insofar as it places requirements on
shear valves, components that are not
UST system components.
(vii) Sections 11(4) and (9) are broader
in scope insofar as they place
certification and qualification
requirements directly on corrosion
prevention, protection, and repair
contractors.
(viii) Section 13(2) is broader in scope
insofar as it requires repair contractors
to be certified by the State Fire Marshal.
(ix) Sections 15(6) and (7) are broader
in scope insofar as they place
qualification requirements directly on
system equipment testers to validate
equipment test results.
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3683
(x) Section 22 is external insofar as it
relates to the authority of KDEP to
extend compliance deadlines.
(2) 401 KAR 42:060
(i) Section 2 is external insofar as it
relates to the authority of the
Environmental Response Team during
environmental emergencies.
(ii) Section 7 is external insofar as it
relates to classification of UST facilities
following closure or a release.
(iii) Section 8 is external insofar as it
relates to the authority of KDEP to issue
a no further action letter.
(iv) Section 9 is external insofar as it
relates to the authority of KDEP to
extend compliance deadlines.
(3) 401 KAR 42:250 is broader in
scope insofar as it establishes eligibility
requirements and procedures for the
petroleum storage tank environmental
assurance fund.
(4) 401 KAR 42:330 is broader in
scope insofar as it establishes the
eligibility requirements and rates for
reimbursement from the Small Owners
Tank Removal Account.
(2) Statement of legal authority. The
Attorney General’s statement, signed by
the General Counsel for the Kentucky
Energy and Environment Cabinet on
September 23, 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 as
part of the original application on
October 7, 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 as part of the original
application on October 7, 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 Energy and
Environment Cabinet, Kentucky
Department for Environmental
Protection, signed by the EPA Regional
Administrator on August 18, 2020,
though not incorporated by reference, is
referenced as part of the approved
underground storage tank program
under subtitle I of RCRA, 42 U.S.C. 6991
et seq.
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Federal Register / Vol. 87, No. 16 / Tuesday, January 25, 2022 / Rules and Regulations
3. Amend appendix A to part 282 by
adding an entry for ‘‘Kentucky’’ to read
as follows:
■
Appendix A to Part 282—State
Requirements Incorporated by
Reference in Part 282 of the Code of
Federal Regulations
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[FR Doc. 2022–01296 Filed 1–24–22; 8:45 am]
BILLING CODE 6560–50–P
Kentucky
(a) The statutory provisions include:
(1) Kentucky Revised Statutes (KRS)
Chapter 224.
224.60–100 Underground storage tanks
and regulated substances defined.
224.60–105(1) Registration of
underground storage tanks—Programs to
regulate tanks.
224.60–115 Definitions for KRS 224.60–
120 to 224.60–150.
224.60–120 Financial responsibility of
petroleum storage tank owner or operator—
Administrative regulations, except (6).
224.60–135(1) Corrective action for a
release into the environment from a
petroleum storage tank, except the second
sentence in (1).
(2) [Reserved]
(b) The regulatory provisions include:
(1) 401 Kentucky Administrative
Regulations (KAR) Chapter 42.
401 KAR 42:005. Definitions for 401 KAR
Chapter 42.
401 KAR 42:020. UST system
requirements, notification, registration, and
annual fees.
Section 1. Applicability and Exclusions.
Section 2. Notification, Registration, and
Annual Fees, except (1)(b), (2)–(6), and
certain provisions in (7)(c), (8) and (9).
Section 3. Temporary Closure, except (1).
Section 4. Performance Standards for New
UST Systems.
Section 5. Upgrading of Existing UST
Systems.
Section 6. Double Walled Tanks and Piping
Requirements.
Section 8. Spill Containment Devices (Spill
Buckets and Catch Basins).
Section 9. Overfill Prevention
Requirements.
Section 10. Under-dispenser Containment
(UDC) and Sump Requirements.
Section 11. Corrosion Protection Operation
and Maintenance, except certain language in
(4) and (9).
Section 12. Compatibility.
Section 13. Repairs, except (2).
Section 14. Noncorrodible Piping.
Section 15. Release Detection, except (6)
and (7).
Section 16. Operator Training
Requirements.
Section 17. Walkthrough Inspections.
Section 19. Recordkeeping.
Section 20. Financial Responsibility.
Section 21. Lender Liability.
Section 23. Incorporation by Reference.
401 KAR 42:060. UST system release and
corrective action requirements.
Section 1. Reporting for Releases, Spills,
and Overfills.
Section 3. Off-Site Impacts.
Section 4. Release Investigation and
Confirmation.
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Section 5. Release Response and Corrective
Action.
Section 6. Permanent Closure or Change in
Service.
Section 10. Incorporation by Reference.
(2) [Reserved]
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FEDERAL COMMUNICATIONS
COMMISSION
47 CFR Part 64
[WC Docket No. 17–97; FCC 21–122, FR
ID 63445]
Call Authentication Trust Anchor
Federal Communications
Commission.
ACTION: Final rule.
AGENCY:
In this document, the
Commission takes action to further
combat illegally spoofed robocalls by
accelerating the date by which small
voice service providers that are most
likely to be the source of illegal
robocalls must implement the STIR/
SHAKEN caller ID authentication
framework.
DATES: This rule is effective February
24, 2022.
FOR FURTHER INFORMATION CONTACT:
Jonathan Lechter, Competition Policy
Division, Wireline Competition Bureau,
at (202) 418–0984, jonathan.lechter@
fcc.gov.
SUPPLEMENTARY INFORMATION: This is a
summary of the Commission’s Fourth
Report and Order in WC Docket No. 17–
97, adopted on December 9, 2021, and
released on December 10, 2021. The
document is available for download at
https://docs.fcc.gov/public/
attachments/FCC-21-122A1.pdf. To
request materials in accessible formats
for people with disabilities (Braille,
large print, electronic files, audio
format), send an email to FCC504@
fcc.gov or call the Consumer &
Governmental Affairs Bureau at 202–
418–0530 (voice), 202–418–0432 (TTY).
SUMMARY:
Synopsis
I. Fourth Report and Order
1. In light of the overwhelming record
support and available evidence showing
that non-facilities-based small voice
service providers are originating a large
and disproportionate amount of
robocalls, we require this subset of
providers to implement STIR/SHAKEN
a year sooner than previously required,
while maintaining the full extension for
those small voice service providers that
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are facilities-based. We further require
any small voice service providers that
the Enforcement Bureau suspects of
originating illegal robocalls and that
fails to mitigate such traffic upon
Bureau notice or otherwise fails to meet
its burden under § 64.1200(n)(2) of our
rules, to implement STIR/SHAKEN
within 90 days of that determination
unless sooner implementation is
otherwise required. Through this action,
we close a gap in our current STIR/
SHAKEN regime and, by targeting those
providers most likely to be involved in
illegal robocalling, we reap a substantial
portion of the benefits offered by STIR/
SHAKEN to Americans.
A. Basis for Shortening Extension for a
Subset of Small Voice Service Providers
2. We find that a subset of small voice
service providers constitute a large and
increasing source of illegal robocalls
and should therefore be subject to a
shortened extension. In the Caller ID
Authentication Third Further Notice of
Proposed Rulemaking (Small Provider
FNPRM) (86 FR 30571 (June 9, 2021)),
we proposed supporting this conclusion
on the basis of evidence reflecting that
small voice service providers are
responsible for a substantial portion of
the illegal robocall problem. Transaction
Network Services (TNS), a call analytics
provider, asserted in a March 2021
report that given their disproportionate
role originating robocalls, small voice
service providers need to implement
STIR/SHAKEN for the Commissions’
rules ‘‘to have a significant impact.’’
Similarly, Robokiller, a spam call and
protection service, concluded in a
February 2021 report that because
‘‘smaller carriers have exemptions
lasting . . . until 2023 . . . [w]ithout a
unified front from all carriers, STIR/
SHAKEN cannot be completely
effective.’’ The Commission’s analysis
indicates that small providers are a
substantial part of the problem. In the
Small Provider FNPRM, we explained
that we had reason to believe just one
of the 19 providers that received letters
from the Federal Trade Commission
(FTC) in January 2020 for facilitating
robocalls had more than 100,000 access
lines.
3. No commenter disputed this
evidence, and additional evidence
indicating that some small voice service
providers now are a major source of
illegal robocalls supports this view. TNS
released a follow-up report in
September 2021, stating that ‘‘only 4%
of the high-risk calls in 1H2021
originated from the top six carriers . . .
[reflecting] a significant drop from 11%
in 2019 and down from 6% in 2020.’’
It concludes that the small provider
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[Federal Register Volume 87, Number 16 (Tuesday, January 25, 2022)]
[Rules and Regulations]
[Pages 3679-3684]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-01296]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 282
[EPA-R04-UST-2020-0696; FRL-9057-02-R4]
Commonwealth of Kentucky: Codification and Incorporation by
Reference of Approved State Underground Storage Tank Program
AGENCY: Environmental Protection Agency (EPA).
ACTION: Direct final rule.
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[[Page 3680]]
SUMMARY: The Resource Conservation and Recovery Act of 1976 (RCRA), as
amended, authorizes the Environmental Protection Agency (EPA) to grant
approval to States to operate their underground storage tank (UST)
programs in lieu of the Federal program. The Commonwealth of Kentucky
(Commonwealth or State) applied to the EPA for final approval of its
UST Program on October 7, 2019, and on September 16, 2020, the EPA
published a final determination and approval of the Commonwealth's UST
Program. This action codifies the EPA's prior approval of the
Commonwealth's UST Program, and incorporates by reference approved
provisions of the State's statutes and regulations.
DATES: This rule is effective March 28, 2022, unless the EPA receives
adverse comment by February 24, 2022. 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
March 28, 2022.
ADDRESSES: Comments may be submitted 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-2020-0696 in the subject line of the message.
Instructions: Submit your comments, identified by Docket ID No.
EPA-R04-UST-2020-0696, 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 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 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. The EPA Region 4 requires all visitors
to adhere to the COVID-19 protocol. Please contact Ben Singh for the
COVID-19 protocol requirements prior to your appointment.
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
the 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, local area health
departments, and our Federal partners so that we can respond rapidly as
conditions change regarding COVID-19.
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. 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 the 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.
A. For what has the Commonwealth previously been approved?
On September 16, 2020, the EPA published a notice in the Federal
Register announcing its decision to grant final approval to the
Commonwealth to operate its UST Program as described in an October 7,
2019 State Application (85 FR 57754). The State UST Program regulations
were amended effective April 5, 2019, and included revisions which
correspond to the EPA final rule published on July 15, 2015 (80 FR
41566), which revised the 1988 UST regulations and the 1988 State
program approval (SPA) regulations (2015 Federal Revisions). 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.
B. What codification decision has the EPA made in this rule?
In this rule, the EPA is finalizing regulatory text that
incorporates by reference the federally approved Kentucky UST Program.
In accordance with the requirements of 1 CFR 51.5, the EPA is
incorporating by reference the Commonwealth'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 in effect at the time the
EPA granted its approval of the Kentucky UST Program, and only the EPA-
approved provisions of the
[[Page 3681]]
Kentucky UST Program will be incorporated by reference.
To codify the EPA's approval of Kentucky's UST Program, the EPA has
added section 282.67 to Title 40 of the CFR. More specifically, in 40
CFR 282.67(d)(1)(i), the EPA is incorporating by reference the EPA-
approved Kentucky UST Program. Section 282.67(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 regulated entities. Section
282.67(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 282.67(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.
C. What is the effect of the EPA's codification of the federally
approved Kentucky 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 Kentucky, 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 the
Commonwealth's procedural and enforcement authorities, although they
are listed in 40 CFR 282.67(d)(1)(ii) and were previously considered by
the EPA in determining the adequacy of Kentucky's enforcement
authority. The Commonwealth's authority to inspect and enforce the
State's UST Program continues to operate independently under State law.
D. What State provisions are not part of the codification?
Some provisions of the State's UST Program are not part of the
federally approved State 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 282.67(d)(1)(iii) lists the Kentucky 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.
E. 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 action as noncontroversial and
anticipate no adverse comment. Notice and opportunity for comment were
provided earlier on the EPA's decision to approve the Kentucky program,
and the EPA is not now reopening that decision nor requesting comment
on it.
F. What happens if the EPA receives comments that oppose this
codification?
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 codify the State's
UST Program, and provides an opportunity for public comment. If the EPA
receives comments that oppose this codification, 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
codification of the State UST Program after considering all comments
received during the comment period. The EPA will then address all
public comments in a later final rule.
II. Statutory and Executive Order Review
This action merely codifies Kentucky's UST Program that the EPA has
previously approved pursuant to RCRA Section 9004 and does not impose
additional requirements other than those imposed by State law. For
these reasons, this action:
Is not a significant regulatory action and has been
exempted from 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);
Does not impose an information collection burden under the
provisions of the Paperwork Reduction Act (44 U.S.C. 3501 et seq.);
Is 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.);
Does 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);
Does not have federalism implications as specified in
Executive Order 13132 (64 FR 43255, August 10, 1999);
Is not an economically significant regulatory action based
on health or safety risks subject to Executive Order 13045 (62 FR
19885, April 23, 1997);
Is not subject to Executive Order 13211 (66 FR 28355, May
22, 2001) because it is not a ``significant regulatory action'' under
Executive Order 12866 (58 FR 51735, October 4, 1993);
Is 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;
Does 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
Does 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
[[Page 3682]]
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 March 28, 2022.
List of Subjects in 40 CFR Part 282
Administrative practice and procedure, Environmental protection,
Hazardous substances, Incorporation by reference, 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: January 18, 2022.
Daniel Blackman,
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.
Subpart B--Approved State Programs
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2. Add Sec. 282.67 to read as follows:
Sec. 282.67 Kentucky State-Administered Program.
(a) History of the approval of Kentucky's UST Program. The
Commonwealth of Kentucky (Commonwealth or Kentucky) 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 seq. The State's UST Program, as administered by the Kentucky
Department for Environmental Protection (KDEP), was approved by the EPA
pursuant to 42 U.S.C. 6991c and part 281 of this chapter. The EPA
published the notice of final determination approving the Kentucky UST
Program on September 16, 2020, and that approval became effective
immediately.
(b) Enforcement authority. Kentucky has primary responsibility for
enforcing its UST Program. However, the EPA retains the authority to
exercise its corrective action, inspection, and enforcement authorities
under sections 9003(h), 9005, and 9006 of subtitle I of RCRA, 42 U.S.C.
6991b(h), 6991d, and 6991e, as well as under other statutory and
regulatory provisions.
(c) Retention of program approval. To retain program approval,
Kentucky 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 Kentucky 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. Kentucky has final approval for the following
elements submitted to the EPA and approved effective September 16,
2020.
(1) State statutes and regulations--(i) Incorporation by reference.
The Kentucky materials cited in this paragraph 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
Kentucky statutes and regulations that are incorporated by reference
from the Kentucky Department for Environmental Protection, Underground
Storage Tank Branch, 300 Sower Boulevard, 2nd Floor, Frankfort,
Kentucky 40601. You may also access copies of the statues and
regulations that are incorporated by reference from the Kentucky
Legislative Research Commission at the following website: https://legislature.ky.gov/Pages/index.aspx. You may inspect all approved
material at the 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) Kentucky Statutory Requirements Applicable to the Underground
Storage Tank Program, dated September 10, 2021.
(B) Kentucky Regulatory Requirements Applicable to the Underground
Storage Tank Program, dated September 10, 2021.
(ii) Legal basis. The EPA considered the following statutes and
regulations which provide the legal basis for the State's
implementation of the UST Program, but these provisions do not replace
Federal authorities. Further, these provisions are not incorporated by
reference, unless the provisions place requirements on regulated
entities.
(A) Kentucky Revised Statutes (KRS), Chapter 61, subchapters 870 to
884 (2018)--insofar as these provisions relate to authorities enabling
public participation and the sharing of information.
(B) Kentucky Revised Statutes (KRS), Chapter 224 (2017):
(1) KRS 224.1-400(9) and (11), insofar as these provisions provide
authority for release reporting and notification to KDEP.
(2) KRS 224.10-100(5), (10), and (28), insofar as these provisions
relate to the general powers and duties of KDEP to prevent pollution,
conduct inspections and compliance monitoring, and promulgate UST
regulations.
(3) KRS 224.10-410, insofar as it relates to the authority of KDEP
to issue an order for corrective measures without a hearing.
(4) KRS 224.10-420(2), insofar as it relates to the administrative
processes governing enforcement proceedings and public participation in
the enforcement process.
(5) KRS 224.10-440, insofar as it relates to regulations governing
the procedural requirements for administrative hearings.
(6) KRS 224.60-105(2)-(4), insofar as these provisions relate to
the general authority of KDEP to regulate USTs and the preemption of
local laws, ordinances, and regulations.
(7) KRS 224.60-120(6), insofar as it relates to the authority of
KDEP to promulgate administrative regulations for implementing
financial responsibility requirements.
(8) KRS 224.60-135(1), (2), and (4), insofar as these provisions
relate to the authority of KDEP to require or initiate corrective
action for releases into the environment.
(9) KRS 224.60-137(3), insofar as it relates to the duty of KDEP to
develop standards for corrective action.
(10) KRS 224.60-138, insofar as it relates to the duties of KDEP to
determine whether corrective action for a release from or closure of a
petroleum UST has been completed.
(11) KRS 224.60-155, insofar as it relates to the authority of KDEP
to assess a civil penalty for failure to
[[Page 3683]]
comply with the administrative regulations.
(12) KRS 224.99-010(9), insofar as it applies to KRS 224.1-400, and
relates to the authority to assess a civil penalty and the concurrent
jurisdiction and venue of the Franklin Circuit Court.
(13) KRS 224.99-020, insofar as it relates to the authority to
commence an enforcement action to require compliance, or recovery of
penalties or costs.
(C) Kentucky Rules of Civil Procedure, Rule 24, insofar as it
provides for public participation in the State enforcement process,
including intervention.
(D) 401 Kentucky Administrative Regulations (KAR) 42:020 (2019)--
Section 18, insofar as it relates to the authority of KDEP to implement
delivery prohibition.
(E) 400 Kentucky Administrative Regulations (KAR) Chapter 1 (2018):
(1) 400 KAR 1:090, insofar as it establishes procedures for
administrative hearings to enforce compliance, and provides for public
participation.
(2) 400 KAR 1:100, insofar as it contains the general
administrative hearing practice provisions governing matters brought to
enforce compliance with the UST Program.
(iii) Other provisions not incorporated by reference. The following
statutory and regulatory provisions 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
program, and are not incorporated by reference herein:
(A) Kentucky Revised Statutes (KRS) Chapter 224:
(1) KRS 224.60-110 is external insofar as it contains the Kentucky
General Assembly's legislative intent with respect to the regulation of
petroleum underground storage tanks.
(2) KRS 224.60-130 is broader in scope insofar as it relates to the
administration of the petroleum storage tank environmental assurance
fund.
(3) KRS 224.60-135(3) is external insofar as it relates to the
obligation of KDEP to notify the UST owner or operator prior to
initiating or contracting for corrective action.
(4) KRS 224.60-135(5) is broader in scope insofar as it relates to
the authority of the State Fire Marshal to promulgate regulations
requiring persons who install, repair, close or remove USTs to
demonstrate financial assurance.
(5) KRS 224.60-137(1), (2), and (4) are external insofar as they
relate to contracting with the University of Kentucky for the purpose
of updating standards for corrective action and for the Cabinet to
develop an inventory of facilities eligible for reimbursement.
(6) KRS 224.60-140 is broader in scope insofar as it relates to the
creation and administration of a petroleum storage tank environmental
assurance fund.
(7) KRS 224.60-142 is broader in scope insofar as it relates to UST
registration requirements applicable to participation in the petroleum
storage tank environmental assurance fund.
(8) KRS 224.60-145 is broader in scope insofar as it relates to the
establishment of an environmental assurance fee and deposit fee, and
insofar as it relates to administration of accounts in the petroleum
storage tank environmental assurance fund.
(9) KRS 224.60-150 is broader in scope insofar as it relates to the
authority to levy and collect a fee from owners or operators of USTs
for the purpose of funding the administration of the UST Program.
(10) KRS 224.60-160 is external insofar as it relates to the
severability of any provision of the statute.
(B) 401 Kentucky Administrative Regulations (KAR) Chapter 42:
(1) 401 KAR 42:020
(i) Section 2(1)(b) is external insofar as it relates to the
attendance of a KDEP representative during installation.
(ii) Sections 2(2)-(6) are broader in scope insofar as they relate
to UST registration requirements.
(iii) Section 2(7)(c) is broader in scope insofar as it relates to
the submittal of an amended UST Registration Form for UST sale.
(iv) Sections 2(8)-(9) are broader in scope insofar as they relate
to registration requirements and the collection of annual fees.
(v) Section 3(1) is broader in scope insofar as it relates to the
submittal of an amended UST Registration Form for temporary closure.
(vi) Section 7 is broader in scope insofar as it places
requirements on shear valves, components that are not UST system
components.
(vii) Sections 11(4) and (9) are broader in scope insofar as they
place certification and qualification requirements directly on
corrosion prevention, protection, and repair contractors.
(viii) Section 13(2) is broader in scope insofar as it requires
repair contractors to be certified by the State Fire Marshal.
(ix) Sections 15(6) and (7) are broader in scope insofar as they
place qualification requirements directly on system equipment testers
to validate equipment test results.
(x) Section 22 is external insofar as it relates to the authority
of KDEP to extend compliance deadlines.
(2) 401 KAR 42:060
(i) Section 2 is external insofar as it relates to the authority of
the Environmental Response Team during environmental emergencies.
(ii) Section 7 is external insofar as it relates to classification
of UST facilities following closure or a release.
(iii) Section 8 is external insofar as it relates to the authority
of KDEP to issue a no further action letter.
(iv) Section 9 is external insofar as it relates to the authority
of KDEP to extend compliance deadlines.
(3) 401 KAR 42:250 is broader in scope insofar as it establishes
eligibility requirements and procedures for the petroleum storage tank
environmental assurance fund.
(4) 401 KAR 42:330 is broader in scope insofar as it establishes
the eligibility requirements and rates for reimbursement from the Small
Owners Tank Removal Account.
(2) Statement of legal authority. The Attorney General's statement,
signed by the General Counsel for the Kentucky Energy and Environment
Cabinet on September 23, 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 as part
of the original application on October 7, 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 as part of the original application on October 7,
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 Energy and Environment Cabinet, Kentucky
Department for Environmental Protection, signed by the EPA Regional
Administrator on August 18, 2020, 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.
[[Page 3684]]
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3. Amend appendix A to part 282 by adding an entry for ``Kentucky'' to
read as follows:
Appendix A to Part 282--State Requirements Incorporated by Reference in
Part 282 of the Code of Federal Regulations
* * * * *
Kentucky
(a) The statutory provisions include:
(1) Kentucky Revised Statutes (KRS) Chapter 224.
224.60-100 Underground storage tanks and regulated substances
defined.
224.60-105(1) Registration of underground storage tanks--
Programs to regulate tanks.
224.60-115 Definitions for KRS 224.60-120 to 224.60-150.
224.60-120 Financial responsibility of petroleum storage tank
owner or operator--Administrative regulations, except (6).
224.60-135(1) Corrective action for a release into the
environment from a petroleum storage tank, except the second
sentence in (1).
(2) [Reserved]
(b) The regulatory provisions include:
(1) 401 Kentucky Administrative Regulations (KAR) Chapter 42.
401 KAR 42:005. Definitions for 401 KAR Chapter 42.
401 KAR 42:020. UST system requirements, notification,
registration, and annual fees.
Section 1. Applicability and Exclusions.
Section 2. Notification, Registration, and Annual Fees, except
(1)(b), (2)-(6), and certain provisions in (7)(c), (8) and (9).
Section 3. Temporary Closure, except (1).
Section 4. Performance Standards for New UST Systems.
Section 5. Upgrading of Existing UST Systems.
Section 6. Double Walled Tanks and Piping Requirements.
Section 8. Spill Containment Devices (Spill Buckets and Catch
Basins).
Section 9. Overfill Prevention Requirements.
Section 10. Under-dispenser Containment (UDC) and Sump
Requirements.
Section 11. Corrosion Protection Operation and Maintenance,
except certain language in (4) and (9).
Section 12. Compatibility.
Section 13. Repairs, except (2).
Section 14. Noncorrodible Piping.
Section 15. Release Detection, except (6) and (7).
Section 16. Operator Training Requirements.
Section 17. Walkthrough Inspections.
Section 19. Recordkeeping.
Section 20. Financial Responsibility.
Section 21. Lender Liability.
Section 23. Incorporation by Reference.
401 KAR 42:060. UST system release and corrective action
requirements.
Section 1. Reporting for Releases, Spills, and Overfills.
Section 3. Off-Site Impacts.
Section 4. Release Investigation and Confirmation.
Section 5. Release Response and Corrective Action.
Section 6. Permanent Closure or Change in Service.
Section 10. Incorporation by Reference.
(2) [Reserved]
* * * * *
[FR Doc. 2022-01296 Filed 1-24-22; 8:45 am]
BILLING CODE 6560-50-P
