Massachusetts: Final Approval of State Underground Storage Tank Program Revisions, Codification, and Incorporation by Reference, 63101-63108 [2024-16812]
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Federal Register / Vol. 89, No. 149 / Friday, August 2, 2024 / Rules and Regulations
application of those requirements would
be inconsistent with the Clean Air Act.
In addition, the delegation of
authority is not approved to 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. In those areas of Indian
country, the rule does not have Tribal
implications and will not impose
substantial direct costs on Tribal
governments or preempt Tribal law as
specified by Executive Order 13175 (65
FR 67249, November 9, 2000).
Executive Order 12898 (Federal
Actions to Address Environmental
Justice in Minority Populations and
Low-Income Populations, 59 FR 7629,
February 16, 1994) directs Federal
agencies to identify and address
‘‘disproportionately high and adverse
human health or environmental effects’’
of their actions on minority populations
and low-income populations to the
greatest extent practicable and
permitted by law. The EPA defines
environmental justice (EJ) as ‘‘the fair
treatment and meaningful involvement
of all people regardless of race, color,
national origin, or income with respect
to the development, implementation,
and enforcement of environmental laws,
regulations, and policies.’’ The EPA
further defines the term fair treatment to
mean that ‘‘no group of people should
bear a disproportionate burden of
environmental harms and risks,
including those resulting from the
negative environmental consequences of
industrial, governmental, and
commercial operations or programs and
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The IDEQ did not evaluate
environmental justice considerations as
part of its submittal; the Clean Air Act
and applicable implementing
regulations neither prohibit nor require
such an evaluation. The EPA did not
perform an EJ analysis and did not
consider EJ in this action. Due to the
nature of this action, it is expected to
have a neutral to positive impact on the
air quality of the affected area.
Consideration of EJ is not required as
part of this action, and there is no
information in the record inconsistent
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12898 of achieving environmental
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is not a ‘‘major rule’’ as defined by 5
U.S.C. 804(2).
Under section 307(b)(1) of the Clean
Air Act, petitions for judicial review of
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this action must be filed in the United
States Court of Appeals for the
appropriate circuit by October 1, 2024.
Filing a petition for reconsideration by
the Administrator of this final rule does
not affect the finality of this action for
the purposes of judicial review nor does
it extend the time within which a
petition for judicial review may be filed,
and shall not postpone the effectiveness
of such rule or action. This action may
not be challenged later in proceedings to
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307(b)(2)).
List of Subjects in 40 CFR Part 62
Environmental protection, Air
pollution control, Intergovernmental
relations, Reporting and recordkeeping
requirements, Waste treatment and
disposal.
Dated: July 25, 2024.
Casey Sixkiller,
Regional Administrator, Region 10.
For the reasons set forth in the
preamble, 40 CFR part 62 is amended as
follows:
PART 62—APPROVAL AND
PROMULGATION OF STATE PLANS
FOR DESIGNATED FACILITIES AND
POLLUTANTS
1. The authority citation for part 62
continues to read as follows:
■
Authority: 42 U.S.C. 7401 et seq.
Subpart N—Idaho
2. Add an undesignated center
heading immediately before § 62.3110
and revise § 62.3110 to read as follows:
■
Air Emissions from Hospital/Medical/
Infectious Waste Incinerators
(HMIWI)—Section 111(d)/129 Plan
§ 62.3110 Identification of plan—Idaho
Department of Environmental Quality.
(a) Delegation of authority. On
October 9, 2014, and November 7, 2014,
the EPA and the IDEQ, respectively,
signed a Memorandum of Agreement
(MOA) that defines policies,
responsibilities, and procedures
pursuant to subpart HHH of this part
(the ‘‘Federal Plan’’) by which the
Federal Plan will be administered by the
Idaho Department of Environmental
Quality (IDEQ).
(b) Identification of sources. The
MOA and related Federal Plan apply to
existing hospital/medical/infectious
waste incinerators for which
construction was commenced on or
before December 1, 2008, or for which
modification was commenced on or
before April 6, 2010.
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63101
(c) Effective date of delegation. The
delegation became fully effective on
November 7, 2014, the effective date of
the MOA between the EPA and the
IDEQ.
[FR Doc. 2024–16952 Filed 8–1–24; 8:45 am]
BILLING CODE 6560–50–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 282
[EPA–R01–UST–2023–0321; FRL–11752–
02–R1]
Massachusetts: Final Approval of State
Underground Storage Tank Program
Revisions, Codification, and
Incorporation by Reference
Environmental Protection
Agency (EPA)
ACTION: Direct final rule.
AGENCY:
Pursuant to the Resource
Conservation and Recovery Act (RCRA
or Act), the Environmental Protection
Agency (EPA) is taking direct final
action to approve revisions to the State
of Massachusetts’ Underground Storage
Tank (UST) program submitted by the
Massachusetts Department of
Environmental Protection (MassDEP).
This action also codifies EPA’s approval
of Massachusetts’ state program and
incorporates by reference those
provisions of the State statutes and
regulations that we have determined
meet the requirements for approval. The
provisions will be subject to EPA’s
inspection and enforcement authorities
under sections 9005 and 9006 of RCRA
Subtitle I and other applicable statutory
and regulatory provisions.
DATES: This rule is effective October 1,
2024, unless EPA receives adverse
comment by September 3, 2024. If EPA
receives adverse comments, it will
publish a timely withdrawal in the
Federal Register informing the public
that the rule will not take effect. The
incorporation by reference of a certain
publication listed in the regulations is
approved by the Director of the Federal
Register, as of October 1, 2024, in
accordance with 5 U.S.C. 552(a) and 1
CFR part 51.
ADDRESSES: Submit your comments by
one of the following methods:
1. Federal eRulemaking Portal:
https://www.regulations.gov. Follow the
online instructions for submitting
comments.
2. Email: coyle.joan@epa.gov.
Instructions: Direct your comments to
Docket ID No. EPA–R01–UST–2023–
0321. EPA’s policy is that all comments
received will be included in the public
SUMMARY:
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docket without change and may be
available online at https://
www.regulations.gov, including any
personal information provided, unless
the comment includes information
claimed to be Confidential Business
Information (CBI) or other information
whose disclosure is restricted by statute.
Do not submit information that you
consider to be CBI or otherwise
protected through https://
www.regulations.gov, or email. The
Federal https://www.regulations.gov
website is an ‘‘anonymous access’’
system, which means the EPA will not
know your identity or contact
information unless you provide it in the
body of your comment. If you send an
email comment directly to the EPA
without going through https://
www.regulations.gov, your email
address will be automatically captured
and included as part of the comment
that is placed in the public docket and
made available on the internet. If you
submit an electronic comment, EPA
recommends that you include your
name and other contact information in
the body of your comment. If EPA
cannot read your comment due to
technical difficulties, and cannot
contact you for clarification, EPA may
not be able to consider your comment.
Electronic files should avoid the use of
special characters, any form of
encryption, and be free of any defects or
viruses. EPA encourages electronic
submittals, but if you are unable to
submit electronically, please reach out
to the EPA contact person listed in the
notice for assistance.
Docket: All documents in the docket
are listed in the https://
www.regulations.gov index. Although
listed in the index, some information
might not be publicly available, e.g., CBI
or other information whose disclosure is
restricted by statute. Certain other
material, such as copyrighted material,
might be publicly available only in hard
copy form. Publicly available docket
materials are available either
electronically through
www.regulations.gov or in hard copy.
IBR and supporting material: The
EPA encourages electronic reviewing of
these documents, but if you are unable
to review these documents
electronically, please contact Joan Coyle
to schedule an appointment to view the
documents at the EPA Region 1 Library,
5 Post Office Square, 1st floor, Boston,
MA 02109–3912. The facility is open
from 8:30 a.m. to 4:00 p.m., Monday
through Friday, excluding Federal
holidays. Interested persons wanting to
examine these documents should make
an appointment at least two weeks in
advance. For further information on
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EPA Docket Center services and the
current status, please visit us online at
https://www.epa.gov/dockets.
FOR FURTHER INFORMATION CONTACT: Joan
Coyle, (617) 918–1303, coyle.joan@
epa.gov.
SUPPLEMENTARY INFORMATION:
I. Approval of Revisions to
Massachusetts’ Underground Storage
Tank Program
A. Why are revisions to state programs
necessary?
States that have received final
approval from the EPA under RCRA
section 9004(b) of RCRA, 42 U.S.C.
6991c(b), must maintain an
underground storage tank program that
is equivalent to, consistent with, and no
less stringent than the Federal UST
program. Either EPA or the approved
state may initiate program revision.
When EPA makes revisions to the
regulations that govern the UST
program, states must revise their
programs to comply with the updated
regulations and submit these revisions
to the EPA for approval. Program
revision may be necessary when the
controlling Federal or state statutory or
regulatory authority is modified or
when responsibility for the state
program is shifted to a new agency or
agencies.
B. What decisions has the EPA made in
this rule?
On December 21, 2022, in accordance
with 40 CFR 281.51(a), Massachusetts
submitted a complete program revision
application seeking EPA approval for its
UST program revisions (State
Application). Massachusetts’ revisions
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 requesting approval, a description
of the program and operating
procedures, a demonstration of the
State’s procedures to ensure adequate
enforcement, a Memorandum of
Agreement outlining the roles and
responsibilities of the EPA and the
implementing agency, a statement of
certification from the Attorney General,
and copies of all relevant State statutes
and regulations. We have reviewed the
State Application and determined that
the revisions to Massachusetts’ UST
program are equivalent to, consistent
with, and no less stringent than the
corresponding Federal requirements in
subpart C of 40 CFR part 281, and that
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the Massachusetts program provides for
adequate enforcement of compliance (40
CFR 281.11(b)). Therefore, the EPA
grants Massachusetts final approval to
operate its UST program with the
changes described in the program
revision application, and as outlined
below in section I.G. of this document.
C. What is the effect of this approval
decision?
This action does not impose
additional requirements on the
regulated community because the
regulations being approved by today’s
rule are already effective in
Massachusetts, and they are not
changed by today’s action. This action
merely approves the existing state
regulations as meeting the federal
requirements and renders them
federally enforceable.
D. Why is EPA using a direct final rule?
EPA is publishing this direct final
rule concurrent with a proposed rule
because we view this as a
noncontroversial action and anticipate
no adverse comment. EPA is providing
an opportunity for public comment
now.
E. What happens if the EPA receives
comments that oppose this action?
Along with this direct final, the EPA
is publishing a separate document in the
‘‘Proposed Rules’’ section of this
Federal Register that serves as the
proposal to approve the State’s UST
program revision, providing opportunity
for public comment. If EPA receives
comments that oppose this approval,
EPA will withdraw the direct final rule
by publishing a document in the
Federal Register before the rule
becomes effective. The EPA will base
any further decision on the approval of
the State program changes on the
proposal to approve after considering all
comments received during the comment
period. EPA will then address all public
comments in a later final rule. You may
not have another opportunity to
comment. If you want to comment on
this approval, you must do so at this
time.
F. For what has Massachusetts
previously been approved?
On March 17, 1995, effective April 17,
1995 (60 FR 14371), EPA approved the
State’s UST program administered at
that time by the Massachusetts
Department of Fire Services (DFS).
Effective December 30, 1996 (61 FR
56135), EPA codified the Massachusetts’
statutes and regulations comprising the
State’s approved UST program,
incorporating by reference those
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approved provisions that are subject to
EPA’s inspection and enforcement
authorities under RCRA sections 9005
and 9006, 42 U.S.C. 6991d and 6991e,
and other applicable statutory and
regulatory provisions.
The responsibility for administering
the underground storage tank program
was transferred to the Massachusetts
Department of Environmental Protection
(MassDEP), effective July 1, 2009.
MassDEP adopted UST regulations (310
CMR 80.00) which became effective on
G. What changes are we approving with
today’s action?
On December 21, 2022, in accordance
with 40 CFR 281.51(a), Massachusetts
submitted a complete application for
final approval of its UST program
revisions, adopted on October 1, 2021.
The EPA now makes an immediate final
decision, subject to receipt of written
comments that oppose this action, that
Massachusetts’ UST program revisions
satisfy all the requirements necessary to
qualify for final approval. Therefore,
EPA grants Massachusetts final approval
for the following program changes:
Required Federal element
Implementing State authority
40 CFR 281.30, New UST Systems and Notification.
40 CFR 281.31, Upgrading Existing UST Systems.
40 CFR 281.32, General Operating Requirements.
40 CFR 281.33, Release Detection ....................
40 CFR 281.34, Release Reporting, Investigation, and Confirmation.
40 CFR 281.35, Release Response and Corrective Action.
40 CFR 281.36, Out-of-service Systems and
Closure.
40 CFR 281.37, Financial Responsibility for
USTs Containing Petroleum.
40 CFR 281.38, Lender Liability .........................
40 CFR 281.39, Operator Training .....................
40 CFR 281.40, Requirements for Compliance
Monitoring and Authority.
40 CFR 281.41, Requirements for Enforcement
Authority.
310 CMR 80.14; 80.16; 80.17(1) and (2); 80.18; 80.21(1); 80.22; 80.23; 80.64; M.G.L.
c.21O,§ 5.
310 CMR 80.19; 80.21; 80.22; 80.64; M.G.L. c.21O,§ 5.
The State also demonstrates that its
program provides adequate enforcement
of compliance as described in 40 CFR
281.11(b) and part 281, Subpart D. The
MassDEP has broad statutory authority
with respect to USTs to regulate
installation, operation, maintenance,
closure, and UST releases, and to the
issuance of orders. These statutory
authorities are found in: Massachusetts
General Laws, Chapter 21O, Operation
and Removal of Underground Storage
Tanks; Massachusetts General Laws,
Chapter 21E, Massachusetts Oil and
Hazardous Material Release Prevention
and Response Act; and Massachusetts
General Laws, Chapter 21J,
Underground Storage Tank Petroleum
Product Cleanup Fund.
H. Where are the revised rules different
from the Federal rules?
Broader in Scope Provisions
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January 2, 2015. These maintained the
basic requirements established by the
DFS (Board of Fire Prevention
Regulations 527 CMR 9.00) and
authorized by EPA in 1995. On July 18,
2019, the EPA approved these
Massachusetts UST program revisions,
effective September 16, 2019.
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The following statutory and
regulatory provisions are considered
broader in scope than the federal
program, and are therefore not
enforceable as a matter of federal law:
The Owner or Operator of an
underground storage tank used for the
keeping or storage of flammable or
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310 CMR 80.03; 80.10; 80.18; 80.22; 80.26; 80.27; 80.28; 80.29; 80.30; 80.31; 80.32; 80.33;
80.35; 80.36; 80.64; M.G.L. c.21O§ 5.
310 CMR 80.04; 80.19; 80.26; 80.31; 80.35; 80.64; M.G.L. c.21O, § 5.
310 CMR 80.23; 80.26; 80.31(1)–(3); 80.32; 80.38(2); 80.39; 80.40; 80.64; M.G.L. c.21O,§ 5;
M.G.L. c.21E §§ 3A, 5, 7, 8, 9.
310 CMR 80.33; 310 CMR 80.38–80.40; 80.64.
310 CMR 80.42; 80.43; 80.46; 80.47; 80.64.
310 CMR 80.04; 80.36; 80.52–80.57; 80.59–80.60; 80.64.
No security interest exemption
310 CMR 80.37; 80.64
310 CMR 80.10; 80.13; M.G.L. c. 21O, § 6
310 CMR 80.48; 80.50; 310 CMR 5.00; M.G.L. c. 21O, §§ 7 and 8.
combustible fluids may need to obtain
a permit from the fire department in
which the UST system is located for
closure or relocation of the UST system.
It is the responsibility of the Owner or
Operator to obtain any required
permit(s).
Owners and operators of UST systems
containing low level radioactive waste
or its mixture with hazardous waste
regulated by the Nuclear Regulatory
Commission and the Department of
Public Health must ensure that the UST
systems will prevent releases due to
corrosion or structural failure, be
cathodically protected against corrosion,
be constructed of non-corrodible
material, and be constructed or lined
with material that is compatible with
the stored regulated substance.
Massachusetts requires that
consumptive use (CU) tanks of 1,100
gallons or less must comply with release
response requirements and, if installed
on and after March 21, 2008, be double
walled and equipped with continuous
interstitial monitoring. Consumptive use
tanks greater than 1,100 gallons
installed on and after January 1, 1989
must comply with most of the
regulatory requirements, except
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registration and fill pipe cover
requirements. If CU tanks greater than
1,100 gallons were installed before
January 1, 1989, they must meet most
requirements except those for
installation, leak detection, tank
specifications, and corrosion protection.
Farm and residential tanks having a
capacity of 1,100 gallons or less used
exclusively for the storage of motor fuel
must be double walled and must
comply with release response
requirements.
UST systems used solely for
emergency spill or overflow
containment of a regulated substance
installed on or after January 1, 1989,
must be double walled, protected from
corrosion, comply with registration and
release response requirements, and be
emptied within 72 hours of introduction
of product.
Owners or operators must maintain,
until the UST system is removed or
permanently closed in place, a scaled
drawing or set of as-built plans of all
UST systems prepared by the installer
or a registered professional engineer,
with specific information, and must
submit a copy of the as-built plans to
the Department.
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Owners and operators of UST systems
are required to hire certified Third-Party
Inspectors (TPIs) to conduct compliance
inspections of those systems every three
years. MassDEP’s TPI Certification
Program requires that qualified
individuals must pass a written exam
and meet certain minimum eligibility
requirements, are certified for five years,
and need to apply for renewal at least
90 days before their current
certifications expire.
Owners or operators of all UST
systems must submit a performancebased compliance certification to the
Department in accordance with the
Environmental Results Program
Certification requirements.
Massachusetts requires that an owner
or operator hire a Licensed Site
Professional (LSP) to work on their
behalf to oversee the assessment and
cleanup of contaminated properties.
Massachusetts provisions that are
broader in scope than the federal
program are not incorporated by
reference and are not part of the
federally-approved program.
More Stringent Provisions
The following statutory and
regulatory provisions are considered
more stringent than the federal program
and are therefore enforceable as a matter
of federal law:
All single-walled steel tanks inservice and temporarily out-of-service
must be permanently closed and
removed from the ground, or be
permanently closed in-place, by August
7, 2017, except for consumptive use
tanks, and tanks that were relined prior
to August 8, 2007.
Groundwater monitoring is not
permitted as a form of release detection.
After January 2, 2017, owners and
operators may no longer use soil vapor
monitoring as a primary form of release
detection.
Regulated substance dispensers
installed, repaired, or replaced on or
after March 21, 2008 must be equipped
with a dispenser sump that is
continuously monitored with a
dispenser sump sensor.
All turbine sumps, including
intermediate sumps, shall be
continuously monitored for liquids
utilizing a sump sensor.
Turbine, intermediate, and dispenser
sumps must pass a tightness test at
installation to ensure the sump is liquid
tight.
All high-level alarms installed on and
after January 2, 2015 must be visible and
audible, and be clearly labeled as a tank
overfill alarm.
Owners or Operators shall inspect and
test the overfill prevention equipment
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annually to ensure that it is operational
and will activate at the correct level.
Massachusetts requires all UST
systems, regardless of the amount of
regulated product received at one time,
to have a spill bucket. Spill buckets
must be at least five gallons in capacity,
if installed after January 2, 2015. If
installed before that date, must have a
minimum capacity of three gallons.
Spill buckets must pass a tightness test
at installation.
All submersible pumps that do not
have a turbine containment sump shall
be visually inspected every 30 days.
Single-walled and double-walled
sumps without continuous monitoring
sensors in the sump must be inspected
every 90 days.
Impressed current cathodic protection
systems must be tested every 12 months.
All cathodic protection systems must
be tested within 60 days of a repair.
Owners or operators of regulated
tanks that are not double-walled and do
not have continuous monitoring must
conduct daily and monthly inventory
monitoring, with the exception of
emergency generator tanks installed
before January 2, 2015.
Financial responsibility must be
maintained and demonstrated for UST
systems containing hazardous
substances.
When an UST system is taken
temporarily out of service, all regulated
substances must be removed from the
tank and the UST rendered inert. Vent
lines must be kept open and functioning
and all other lines capped, locked, and
secured.
II. Codification
A. What is codification?
Codification is the process of placing
a state’s statutes and regulations that
comprise the state’s approved UST
program into the CFR. Section 9004(b)
of RCRA, as amended, allows the EPA
to approve State UST programs to
operate in lieu of the Federal program.
The EPA codifies its authorization of
state programs in 40 CFR part 282 and
incorporates by reference state
regulations that the EPA will enforce
under sections 9005 and 9006 of RCRA
and any other applicable statutory
provisions. The incorporation by
reference of state authorized programs
in the CFR should substantially enhance
the public’s ability to discern the
current status of the approved state
program and state requirements that can
be federally enforced. This effort
provides clear notice to the public of the
scope of the approved program in each
state.
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B. What is the history of codification of
Massachusetts’ UST program?
EPA incorporated by reference the
Massachusetts DFS approved UST
program effective December 30, 1996
(61 FR 56135; October 31, 1996). In this
document, EPA is revising 40 CFR
282.71 to include the approval revision
actions.
C. What codification decisions have we
made in this rule?
Incorporation by reference: In this
rule, we are finalizing the Federal
regulatory text that incorporates by
reference the federally authorized
Massachusetts UST Program. In
accordance with the requirements of 1
CFR 51.5, we are finalizing the
incorporation by reference of the
Massachusetts statutes and regulations
described in the amendments to 40 CFR
part 282 set forth below. The EPA has
made, and will continue to make, this
document generally available through
www.regulations.gov and at the EPA
Region 1 office (see the ADDRESSES
section of this preamble for more
information).
The purpose of this Federal Register
document is to codify Massachusetts’
approved UST program. The
codification reflects the State program
in effect at the time EPA’s approved
revisions to the Massachusetts UST
program addressed in this direct final
rule become final. The document
incorporates by reference
Massachusetts’ UST statutes and
regulations and clarifies which of these
provisions are included in the approved
and federally enforceable program. By
codifying the approved Massachusetts
program and by amending the CFR, the
public will more easily be able to
discern the status of the federallyapproved requirements of the
Massachusetts program.
EPA is incorporating by reference the
Massachusetts approved UST program
in 40 CFR 282.71. Section
282.71(d)(1)(i)(A) incorporates by
reference for enforcement purposes the
State’s statutes and regulations. Section
282.71 also references the Attorney
General’s Statement, Demonstration of
Adequate Enforcement Procedures, the
Program Description, and the
Memorandum of Agreement, which are
approved as part of the UST program
under Subtitle I of RCRA.
D. What is the effect of Massachusetts’
codification on enforcement?
The EPA retains the authority under
sections 9005 and 9006 of Subtitle I of
RCRA, 42 U.S.C. 6991d and 6991e, and
other applicable statutory and
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regulatory provisions to undertake
inspections and enforcement actions
and to issue orders in approved states.
With respect to these actions, EPA will
rely on federal sanctions, federal
inspection authorities, and federal
procedures rather than the state
authorized analogues to these
provisions. Therefore, the EPA is not
incorporating by reference such
particular, approved Massachusetts
procedural and enforcement authorities.
Section 282.71(d)(1)(ii) of 40 CFR lists
those approved Massachusetts
authorities that would fall into this
category.
E. What State provisions are not part of
the codification?
The public also needs to be aware that
some provisions of the State’s UST
program are not part of the federally
approved State program. Such
provisions are not part of the RCRA
Subtitle I program because they are
‘‘broader in scope’’ than Subtitle I of
RCRA. 40 CFR 281.12(a)(3)(ii) states that
where an approved state program has
provisions that are broader in scope
than the federal program, those
provisions are not a part of the federally
approved program. As a result, State
provisions which are broader in scope
than the federal program are not
incorporated by reference for purposes
of enforcement in part 282. Section
282.71(d)(1)(iii) of the codification
simply lists for reference and clarity the
Massachusetts statutory and regulatory
provisions which are broader in scope
than the federal program and which are
not, therefore, part of the approved
program being codified today.
Provisions that are broader in scope
cannot be enforced by EPA; the State,
however, will continue to implement
and enforce such provisions under State
law.
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III. Statutory and Executive Order
Reviews
This action only applies to
Massachusetts’ UST Program
requirements pursuant to RCRA Section
9004 and imposes no requirements
other than those imposed by State law.
It complies with applicable Executive
Orders (EOs) and statutory provisions as
follows:
Additional information about these
statutes and Executive Orders can be
found at https://www.epa.gov/lawsregulations/laws-and-executive-orders.
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15:39 Aug 01, 2024
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A. Executive Order 12866: Regulatory
Planning and Review and Executive
Order 14094: Modernizing Regulatory
Review
This action is not a significant
regulatory action as defined in
Executive Order 12866 (58 FR 51735,
October 4, 1993), as amended by
Executive Order 14094 (88 FR 21879,
April 11, 2023), because this action
approves and codifies State
requirements for the purpose of RCRA
section 9004 and imposes no additional
requirements beyond those imposed by
State law. Therefore, this action was not
subject to a requirement for Executive
Order 12866 review.
B. Paperwork Reduction Act (PRA)
This rule does not impose an
information collection burden under the
provisions of the PRA, 44 U.S.C. 3501
et seq. Burden is defined at 5 CFR
1320.3(b).
C. Regulatory Flexibility Act (RFA)
I certify that this action will not have
a significant economic impact on a
substantial number of small entities
under the RFA, 5 U.S.C. 601 et seq.,
because this action authorizes State
requirements pursuant to RCRA section
9004 and imposes no requirements
beyond those imposed by State law.
D. Unfunded Mandates Reform Act
(UMRA)
This action does not contain any
unfunded mandates as described in
UMRA, 2 U.S.C. 1501 et seq., and does
not significantly or uniquely affect small
governments because this action
approves and codifies pre-existing
requirements under State law and does
not impose any additional enforceable
duty beyond that required by State law.
E. Executive Order 13175: Consultation
and Coordination With Indian Tribal
Governments
Because this action approves and
codifies pre-existing requirements under
State law and does not impose any
additional enforceable duty beyond that
required by State law, it does not
contain any unfunded mandate or
significantly or uniquely affect small
governments, as described in the
Unfunded Mandates Reform Act of 1995
(2 U.S.C. 1531–1538). As discussed
above, EPA is not acting on approval to
operate the State’s UST program as it
applies to Tribal lands in the State.
Therefore, this action also does not
significantly or uniquely affect the
communities of Tribal governments, as
specified by Executive Order 13175 (65
FR 67249, November 9, 2000).
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63105
F. Executive Order 13132: Federalism
This action will not have substantial
direct effects on the States, on the
relationship between the national
government and the States, or on the
distribution of power and
responsibilities among the various
levels of government, as specified in
Executive Order 13132 (64 FR 43255,
August 10, 1999), because it merely
approves and codifies State
requirements as part of the State RCRA
underground storage tank program
without altering the relationship or the
distribution of power and
responsibilities established by RCRA.
G. Executive Order 13045: Protection of
Children From Environmental Health
and Safety Risks
EPA interprets Executive Order 13045
(62 FR 19885, April 23, 1997) as
applying only to those regulatory
actions that concern environmental
health or safety risks that EPA has
reason to believe may
disproportionately affect children, per
the definition of ‘‘covered regulatory
action’’ in section 2–202 of the
Executive Order. Therefore, this action
is not subject to Executive Order 13045
because it approves a State program.
H. Executive Order 13211: Actions That
Significantly Affect Energy Supply,
Distribution, or Use
This rule is not subject to Executive
Order 13211 (66 FR 28355, May 22,
2001) because it is not a ‘‘significant
regulatory action’’ as defined under
Executive Order 12866.
I. National Technology Transfer and
Advancement Act (NTTAA)
Under RCRA section 9004(b), EPA
grants a State’s application for approval
as long as the State meets the criteria
required by RCRA. It would thus be
inconsistent with applicable law for
EPA, when it reviews a State approval
application, to require the use of any
particular voluntary consensus standard
in place of another standard that
otherwise satisfies the requirements of
RCRA. Thus, the requirements of
section 12(d) of the NTTAA, 15 U.S.C.
272 note, do not apply to this action.
J. Executive Order 12898: Federal
Actions To Address Environmental
Justice in Minority Populations and
Low-Income Populations
Executive Order 12898 (59 FR 7629,
February 16, 1994) directs Federal
agencies, to the greatest extent
practicable and permitted by law, to
make environmental justice part of their
mission by identifying and addressing,
as appropriate, disproportionately high
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Federal Register / Vol. 89, No. 149 / Friday, August 2, 2024 / Rules and Regulations
and adverse human health or
environmental effects of their programs,
policies, and activities on minority
populations (people of color and/or
Indigenous peoples) and low-income
populations. Because this action
approves pre-existing State rules that
are no less stringent than existing
Federal requirements and imposes no
additional requirements beyond those
imposed by State law, and there are no
anticipated significant adverse human
health or environmental effects, this
rule is not subject to Executive Order
12898.
K. Congressional Review Act (CRA)
This action is subject to the CRA, 5
U.S.C. 801 et seq., and EPA will submit
a rule report containing this document
and other required information to each
House of the Congress and the
Comptroller General of the United
States prior to publication in the
Federal Register. A major rule cannot
take effect until 60 days after it is
published in the Federal Register. This
action is not a ‘‘major rule’’ as defined
by 5 U.S.C. 804(2). However, this action
will be effective October 1, 2024
because it is a direct final rule.
List of Subjects in 40 CFR Part 282
Environmental Protection,
Administrative practice and procedure,
Confidential Business Information,
Hazardous substances, Incorporation by
Reference, Insurance, Intergovernmental
relations, Penalties, Petroleum,
Reporting and recordkeeping
requirements, Surety bonds, Water
supply.
David W. Cash,
Regional Administrator, EPA Region 1.
For the reasons set forth in the
preamble, 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 § 282.2 by revising and
republishing the introductory text of
paragraph (b) and paragraph (b)(1) to
read as follows:
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■
§ 282.2
Incorporation by reference.
*
*
*
*
*
(b) Copies of materials incorporated
by reference may be inspected at the
National Archives and Records
Administration (NARA). For
information on the availability of this
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material at NARA, email: fr.inspection@
nara.gov, or go to: www.archives.gov/
federal-register/crf/ibr-locations. Copies
of materials incorporated by reference
may be obtained or inspected at the EPA
UST Docket, located at 1235 Jefferson
Davis Highway, First Floor, Arlington,
VA 22202 (telephone number: 703–603–
9231), or send mail to Mail Code 5305G,
1200 Pennsylvania Ave. NW,
Washington, DC 20460, and at the
library of the appropriate Regional
Office listed below:
(1) Region 1 (Connecticut, Maine,
Massachusetts, New Hampshire, Rhode
Island, Vermont): 5 Post Office Square,
1st floor, Boston, MA 02109–3912;
Phone Number: (617) 918–1303.
*
*
*
*
*
3. Revise and republish § 282.71 to
read as follows:
■
§ 282.71 Massachusetts StateAdministered Program.
(a) Massachusetts is approved to
administer and enforce an underground
storage tank 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 program,
as administered by the Massachusetts
Department Environmental Protection
(MassDEP), was approved by EPA
pursuant to 42 U.S.C. 6991c and 40 CFR
part 281 of this Chapter. EPA approved
the Massachusetts program on March 3,
1995, which was effective on April 17,
1995.
(b) Massachusetts has primary
responsibility for administering and
enforcing its federally approved
underground storage tank program.
However, EPA retains the authority to
exercise its inspection and enforcement
authorities under sections 9005 and
9006 of Subtitle I of RCRA, 42 U.S.C.
6991d and 6991e, as well as under any
other applicable statutory and
regulatory provisions.
(c) To retain program approval,
Massachusetts must revise its approved
program to adopt new changes to the
federal Subtitle I program which makes
it more stringent, in accordance with
section 9004 of RCRA, 42 U.S.C. 6991c
and 40 CFR part 281, subpart E. If
Massachusetts obtains approval for the
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 notification of any
change will be published in the Federal
Register.
(d) Massachusetts has final approval
for the following elements of its
program application originally
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submitted to EPA and approved
effective April 17, 1995, and the
program revision application approved
by EPA, effective on October 1, 2024.
(1) State statutes and regulations.
(i) Incorporation by reference. The
material cited in this paragraph, and
listed in appendix A to part 282, is
incorporated by reference as part of the
underground storage tank program
under Subtitle I of RCRA, 42 U.S.C.
6991 et seq. (See § 282.2 for
incorporation by reference approval and
inspection information.) You may
obtain copies of the Massachusetts
regulations and statutes that are
incorporated by reference in this
paragraph from the State Bookstore,
State House, Room 116, Boston, MA
02133; phone number: (617) 727–2834;
Hours: Monday–Friday, 8:45 a.m. to
5:00 p.m.; website: https://www.sec.
state.ma.us/divisions/bookstore/
agencies/310-environmentalprotection.htm.
(A) ‘‘EPA Approved Massachusetts
Statutory and Regulatory Requirements
Applicable to the Underground Storage
Tank Program, March 2024.’’
(B) [Reserved]
(ii) Legal basis. EPA evaluated the
following statutes and regulations
which are part of the approved program,
but they are not being incorporated by
reference for enforcement purposes, and
do not replace Federal authorities:
(A) The statutory provisions include:
(1) Massachusetts General Laws,
Chapter 21A, Executive Office of Energy
and Environmental Affairs, section 16,
Civil Administrative Penalties.
(2) Massachusetts General Laws,
Chapter 21E, Massachusetts Oil and
Hazardous Material Release Prevention
and Response Act (2014), sections 4
through 6, 8 through 12 and 15 through
18.
(3) Massachusetts General Laws,
Chapter 21J, Underground Petroleum
Product Cleanup Fund, sections 11
through 14.
(4) Massachusetts General Laws,
Chapter 21O, Operation and Removal of
Underground Storage Tanks, section 4,
sections 6 through 9.
(B) The regulatory provisions include:
(1) Code of Massachusetts
Regulations, 310 CMR 80, Underground
Storage Tank (UST) Systems: 80.11,
Submittals to the Department; 80.12
Presumption of Irreparable Harm; 80.13,
Department Access to UST Facilities
and Records; 80.48, Delivery
Prohibition; 80.50, Enforcement and
Appeals.
(2) Code of Massachusetts
Regulations, 310 CMR 40,
Massachusetts Contingency Plan:
40.0010, Effect of Orders and Appeals;
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40.0011, Confidentiality of Information;
40.0013, Presumption of Irreparable
Harm; 40.0019, Violations of
Environmental Restrictions; 40.0020,
Violations of a Permanent Solution or
Temporary Solution; 40.0021, Unlawful
Interference with Response Actions;
40.0050, Appeals of Orders and Permits;
40.0051, Appeals Relative to
Administrative Penalties; 40.0160,
Departmental Notice to Responsible
Parties and Potentially Responsible
Parties; 40.0165, Department Request for
Information (RFI); 40.0166, Department
Right of Entry; 40.0171, Failure to
Perform a Response Action.
(iii) Provisions not incorporated by
reference.
The following specifically identified
statutory and regulatory provisions
applicable to the Massachusetts’ UST
program are broader in scope than the
federal program, are not part of the
approved program, and are not
incorporated by reference herein for
enforcement purposes:
(A) Massachusetts General Laws,
Chapter 21E: Massachusetts Oil and
Hazardous Material Release Prevention
and Response Act, sections 3A, 3B,
sections 13, 14, and 19 through 22;
Chapter 21J: Underground Petroleum
Product Cleanup Fund, sections 1
through 10; Chapter 21O: Operation and
Removal of Underground Storage
Tanks, section 1, Removal or relocation
of underground flammable or
combustible fluid tanks; permits;
abandoned underground residential
tanks;
(B) Code of Massachusetts
Regulations, Title 310 CMR Chapter 80,
Underground Storage Tank Systems:
General Provisions section,
Applicability, 80.04(6)(c), (8) through
(12); Design, Construction And
Installation Requirements section,
Installation requirements, 80.16(7);
Specifications for Tanks, 80.17(3);
Requirements for Turbine, Intermediate
and Dispenser Sumps, 80.20(6);
Requirements for Spill Buckets and
Overfill Prevention Equipment,
80.21(1)(d); General Operating
Requirements section, Requirements for
Registration and Reporting,
80.23(1)(b)(2); Requirements for a UST
System or UST Component Emergency
Response, 80.25; Requirements for
Compliance Certification section, 80.34;
Change-In-Product, Out Of Service
Systems And Closure section,
Requirements for Removal and
permanent Closure In-place, 80.43(7);
Third Party Inspections section, 80.49;
310 CMR Chapter 40, Massachusetts
Contingency Plan: Subpart B:
Organization and Responsibilities, The
Role of Licensed Site Professionals
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section, 40.0169; and other provisions of
Chapter 40.0000 Subparts A–P insofar
as they do not relate to underground
storage tanks and with respect to
underground storage tanks insofar as
they are broader in scope than the
federal requirements.
(2) Statement of Legal Authority. The
Attorney General’s Statements, signed
by the Attorney General of
Massachusetts on August 18, 1993,
March 2, 2017, and December 13, 2022,
though not incorporated by reference,
are referenced as part of the approved
underground storage tank program
under Subtitle I of RCRA, 42 U.S.C.
6991 et seq.
(3) Demonstration of procedures for
adequate enforcement. The
‘‘Demonstration of Procedures for
Adequate Enforcement’’ submitted as
part of the original application on
October 5, 1992, and as part of the
program revision applications for
approval on June 21, 2017 and
December 21, 2022, 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 5, 1992, and as
part of the program revision
applications on June 21, 2017 and
December 21, 2022, 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.
(5) Memorandum of Agreement. The
Memorandum of Agreement between
EPA Region 1 and the Massachusetts
Department of Environmental
Protection, signed by the EPA Regional
Administrator on November 21, 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. Appendix A to part 282 is amended
by revising the entry for Massachusetts
as follows:
Appendix A to Part 282—State
Requirements Incorporated by
Reference in Part 282 of the Code of
Federal Regulations
*
*
*
*
*
Massachusetts
(a) The statutory provisions include:
Massachusetts General Laws, Part I, Title II
1. Chapter 21E, Massachusetts Oil and
Hazardous Material Release Prevention and
Response Act
Section 1: Short title; section 2:
Definitions; section 3: Implementation;
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63107
regulations; response actions; section 7:
Notice of release or threat of release.
2. Chapter 21O, Operation and Removal of
Underground Storage Tanks
Section 2: Notification of operation of
underground storage tanks; definitions;
section 3: Notification of operation of
underground storage tanks; requirements;
exceptions; section 5: Notification of
operation of underground storage tanks;
regulations for requirements and standards of
tanks;
(b) The regulatory provisions include:
1. Code of Massachusetts Regulations, Title
310 CMR Chapter 80, Underground Storage
Tank Systems: (effective October 1, 2021)
General Provisions section, 80.01:
Authority; 80.02: Purpose; 80.03: Definitions;
80.04: Applicability, (1) through (13), except
(6)(c), and (8) through (12); 80.05: Rules of
Construction; 80.06: Computation of Time;
80.07: Accurate and Timely Submittals to the
Department and Record Keeping; 80.08:
Accurate and Complete Record Keeping;
80.09: Accurate Monitoring; 80.10: Duty to
Provide Information.
Design, Construction, and Installation
Requirements section, 80.14: General
Requirements; 80.15: General Prohibitions;
80.16: Installation Requirements, except (7);
80.17: Specifications for Tanks, except (3);
80.18: Specifications for Regulated Substance
Piping; 80.19: Leak Detection; 80.20:
Requirements for Turbine, Intermediate and
Dispenser Sumps, except (6); 80.21:
Requirements for Spill Buckets and Overfill
Prevention Equipment, except (1)(d); 80.22:
Requirements for Corrosion Protection.
General Operating Requirements section,
80.23: Requirements for Registration and
Reporting, except (1)(b) 2; 80.24: General
Requirements; 80.26: Requirements for Leak
Detection Systems; 80.27: Requirements for
Turbine, Intermediate and Dispenser Sumps;
80.28: Requirements for Spill Buckets and
Overfill Prevention Equipment; 80.29:
Requirements for Corrosion Protection; 80.30:
Requirements for Compatibility; 80.31:
Requirements for Inventory Monitoring;
80.32: Requirements for Tank and Pipe/Line
Tightness Testing; 80.33: Requirements for
Repairs and Replacements; 80.35:
Requirements for Periodic Inspections,
except (2)(c); 80.36: Requirements for
Recordkeeping;
Operator Training section, 80.37: Class A,
B, and C Operator Requirement and
Certifications
Leakage and Release: Response, Reporting
and Remediation section, 80.38: Response to
a Release; 80.39: Response to Leakage; 80.40:
Reportable Releases.
Change-In-Product, Out of Service Systems
and Closure section, 80.41: Requirements for
Change-in-product; 80.42: Requirements for
Taking a UST System Temporarily Out-ofservice; 80.43: Requirements for Removal and
Permanent Closure In-place, except (7);
80.44: Requirements for a Tank within a
Tank; 80.45: UST Systems Temporarily Outof-service for over Five Years; 80.46:
Requirements for Previously Closed-in-place
UST Systems; 80.47: Standards for Cleaning
and Closure.
Financial Responsibility section, 80.51:
Definitions; 80.52: Requirements for Amount
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Federal Register / Vol. 89, No. 149 / Friday, August 2, 2024 / Rules and Regulations
and Scope of Financial Responsibility; 80.53:
Allowable Mechanisms and Combinations of
Mechanisms; 80.54: Requirements for
Financial Responsibility Mechanisms; 80.55:
Requirements for a Standby Trust; 80.56:
Substitution of Financial Assurance
Mechanisms by Owner or Operator; 80.57:
Cancellation or Nonrenewal by a Provider of
Financial Assurance; 80.58: Requirements for
Reporting by Owner or Operator; 80.59:
Requirements for Recordkeeping; 80.60:
Requirements for Drawing on Financial
Assurance Mechanisms; 80.61: Release from
Financial Responsibility Requirements;
80.62: Bankruptcy or Other Incapacity of
Owner or Operator or Provider of Financial
Assurance; 80.63: Requirements for
Replenishment of Local Government
Guarantees, Letters of Credit, or Surety
Bonds.
Requirements for Airport Hydrant Fuel
Distribution Systems section, 80.64:
Requirements for Airport Hydrant Fuel
Distribution Systems.
2. Code of Massachusetts Regulations, Title
310 CMR 40: Massachusetts Contingency
Plan (effective March 1, 2024) only insofar as
they pertain to the regulation of underground
storage tanks in Massachusetts and only
insofar as they are incorporated by reference
and are not broader in scope than the federal
requirements. Note that reserved sections of
310 CMR 40.0000 et seq. are not incorporated
by reference:
Subpart A: General Provisions, except
40.0010 through 40.0013, 40.0016 through
40.0021, and 40.0030 through 40.0070;
Subpart B: Organization and Responsibilities,
except 40.0160 through 40.0171; Subpart C:
Notification of Releases and Threats of
Release of Oil and Hazardous Material;
Identification and Listing of Oil and
Hazardous Material; Subpart D: Preliminary
Response Actions and Risk Reduction
Measures.
(c) Official copies of 310 CMR 80.00, the
Massachusetts regulations that are
incorporated by reference, are available at:
State Bookstore, State House, Room 116,
Boston, MA 02133; Phone number: 617–727–
2834; Hours: Monday–Friday, 8:45 a.m. to
5:00 p.m.; website: https://www.sec.state.
ma.us/divisions/bookstore/agencies/310environmental-protection.htm.
*
*
*
*
*
[FR Doc. 2024–16812 Filed 8–1–24; 8:45 am]
BILLING CODE 6560–50–P
GENERAL SERVICES
ADMINISTRATION
48 CFR Part 570
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[GSAR Case 2024–G503; Docket No. 2024–
0014; Sequence No. 1]
RIN 3090–AK82
General Services Administration
Acquisition Regulation; GSAR Case
2024–G503; Updates to References to
GSA Sustainable Leasing
Office of Acquisition Policy,
General Services Administration (GSA).
AGENCY:
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ACTION:
Final rule.
General Services
Administration (GSA) is issuing this
final rule amending the General
Services Administration Acquisition
Regulation (GSAR) to update
sustainable leasing requirement
language.
SUMMARY:
DATES:
Effective September 3, 2024.
For
clarification of content, contact Ms.
Adina Torberntsson, GSA Acquisition
Policy Division, GSA Acquisition Policy
Division, at gsarpolicy@gsa.gov or 720–
475–0568. For information pertaining to
status or publication schedules, contact
the Regulatory Secretariat at 202–501–
4755 or GSARegsec@gsa.gov. Please cite
GSAR Case 2024–G503.
FOR FURTHER INFORMATION CONTACT:
SUPPLEMENTARY INFORMATION:
I. Background
The General Services Administration
(GSA) conducts routine reviews of its
acquisition regulations to identify
outdated content and to ensure
information referenced within the
General Services Administration
Acquisition Regulation (GSAR) is
current.
GSA discovered that the GSAR
guidance on sustainable leasing is
outdated because it references Executive
Order (E.O.) 13514, Federal Leadership
in Environmental, Energy, and
Economic Performance, which was
revoked on March 19, 2015, with the
publication of E.O. 13693, Planning for
Federal Sustainability in the Next
Decade.
E.O. 13963 was in turn revoked on
May 17, 2018, with the publication of
E.O. 13834, Efficient Federal
Operations. E.O. 13834 was then
revoked by E.O. 14057, Executive Order
on Catalyzing Clean Energy Industries
and Jobs Through Federal
Sustainability, issued on December 13,
2021.
Regardless of specific E.O.
requirements, GSA leasing has a long
history adopting sustainable practices
and intends to continue adopting
sustainable practices. To maintain this
intent, references to E.O.s will be
removed and replaced with the word
‘‘sustainability.’’
The previous language also included
an expired website; a working website
link has been included.
Small editorial changes have also
been made to the text to increase
readability.
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II. Publication of This Final Rule for
Public Comment Is Not Required By
Statute
The statute that applies to the
publication of the GSAR is the Office of
Federal Procurement Policy statute
(codified at title 41 of the United States
Code). Specifically, 41 U.S.C. 1707(a)(1)
requires that a procurement policy,
regulation, procedure, or form
(including an amendment or
modification thereof) must be published
for public comment if it relates to the
expenditure of appropriated funds, and
has either a significant effect beyond the
internal operating procedures of the
agency issuing the policy, regulation,
procedure, or form, or has a significant
cost or administrative impact on
contractors or offerors. This rule is not
required to be published for public
comment because GSA is not issuing a
new regulation; rather, this rule removes
expired E.O. references and making
editorial updates for readability
purposes.
III. Executive Order 12866, 13563, and
14094
Executive Order (E.O.) 12866
(Regulatory Planning and Review)
directs agencies to assess all costs and
benefits of available regulatory
alternatives and, if regulation is
necessary, to select regulatory
approaches that maximize net benefits
(including potential economic,
environmental, public health and safety
effects, distributive impacts, and
equity). E.O. 13563 (Improving
Regulation and Regulatory Review)
emphasizes the importance of
quantifying both costs and benefits, of
reducing costs, of harmonizing rules,
and of promoting flexibility. E.O. 14094
(Modernizing Regulatory Review)
supplements and reaffirms the
principles, structures, and definitions
governing contemporary regulatory
review established in E.O. 12866 and
E.O. 13563. The Office of Information
and Regulatory Affairs (OIRA) in the
Office of Management and Budget
(OMB) has determined that this is not a
significant regulatory action and,
therefore, is not subject to review under
section 6(b) of E.O. 12866, Regulatory
Planning and Review, dated September
30, 1993.
IV. Congressional Review Act
The Congressional Review Act, 5
U.S.C. 801 et seq., as amended by the
Small Business Regulatory Enforcement
Fairness Act of 1996, generally provides
that before a ‘‘major rule’’ may take
effect, the agency promulgating the rule
must submit a rule report, which
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[Federal Register Volume 89, Number 149 (Friday, August 2, 2024)]
[Rules and Regulations]
[Pages 63101-63108]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-16812]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 282
[EPA-R01-UST-2023-0321; FRL-11752-02-R1]
Massachusetts: Final Approval of State Underground Storage Tank
Program Revisions, Codification, and Incorporation by Reference
AGENCY: Environmental Protection Agency (EPA)
ACTION: Direct final rule.
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SUMMARY: Pursuant to the Resource Conservation and Recovery Act (RCRA
or Act), the Environmental Protection Agency (EPA) is taking direct
final action to approve revisions to the State of Massachusetts'
Underground Storage Tank (UST) program submitted by the Massachusetts
Department of Environmental Protection (MassDEP). This action also
codifies EPA's approval of Massachusetts' state program and
incorporates by reference those provisions of the State statutes and
regulations that we have determined meet the requirements for approval.
The provisions will be subject to EPA's inspection and enforcement
authorities under sections 9005 and 9006 of RCRA Subtitle I and other
applicable statutory and regulatory provisions.
DATES: This rule is effective October 1, 2024, unless EPA receives
adverse comment by September 3, 2024. If EPA receives adverse comments,
it will publish a timely withdrawal in the Federal Register informing
the public that the rule will not take effect. The incorporation by
reference of a certain publication listed in the regulations is
approved by the Director of the Federal Register, as of October 1,
2024, in accordance with 5 U.S.C. 552(a) and 1 CFR part 51.
ADDRESSES: Submit your comments by one of the following methods:
1. Federal eRulemaking Portal: https://www.regulations.gov. Follow
the online instructions for submitting comments.
2. Email: [email protected].
Instructions: Direct your comments to Docket ID No. EPA-R01-UST-
2023-0321. EPA's policy is that all comments received will be included
in the public
[[Page 63102]]
docket without change and may be available online at https://www.regulations.gov, including any personal information provided,
unless the comment includes information claimed to be Confidential
Business Information (CBI) or other information whose disclosure is
restricted by statute. Do not submit information that you consider to
be CBI or otherwise protected through https://www.regulations.gov, or
email. The Federal https://www.regulations.gov website is an
``anonymous access'' system, which means the EPA will not know your
identity or contact information unless you provide it in the body of
your comment. If you send an email comment directly to the EPA without
going through https://www.regulations.gov, your email address will be
automatically captured and included as part of the comment that is
placed in the public docket and made available on the internet. If you
submit an electronic comment, EPA recommends that you include your name
and other contact information in the body of your comment. If EPA
cannot read your comment due to technical difficulties, and cannot
contact you for clarification, EPA may not be able to consider your
comment. Electronic files should avoid the use of special characters,
any form of encryption, and be free of any defects or viruses. EPA
encourages electronic submittals, but if you are unable to submit
electronically, please reach out to the EPA contact person listed in
the notice for assistance.
Docket: All documents in the docket are listed in the https://www.regulations.gov index. Although listed in the index, some
information might not be publicly available, e.g., CBI or other
information whose disclosure is restricted by statute. Certain other
material, such as copyrighted material, might be publicly available
only in hard copy form. Publicly available docket materials are
available either electronically through www.regulations.gov or in hard
copy.
IBR and supporting material: The EPA encourages electronic
reviewing of these documents, but if you are unable to review these
documents electronically, please contact Joan Coyle to schedule an
appointment to view the documents at the EPA Region 1 Library, 5 Post
Office Square, 1st floor, Boston, MA 02109-3912. The facility is open
from 8:30 a.m. to 4:00 p.m., Monday through Friday, excluding Federal
holidays. Interested persons wanting to examine these documents should
make an appointment at least two weeks in advance. For further
information on EPA Docket Center services and the current status,
please visit us online at https://www.epa.gov/dockets.
FOR FURTHER INFORMATION CONTACT: Joan Coyle, (617) 918-1303,
[email protected].
SUPPLEMENTARY INFORMATION:
I. Approval of Revisions to Massachusetts' Underground Storage Tank
Program
A. Why are revisions to state programs necessary?
States that have received final approval from the EPA under RCRA
section 9004(b) of RCRA, 42 U.S.C. 6991c(b), must maintain an
underground storage tank program that is equivalent to, consistent
with, and no less stringent than the Federal UST program. Either EPA or
the approved state may initiate program revision. When EPA makes
revisions to the regulations that govern the UST program, states must
revise their programs to comply with the updated regulations and submit
these revisions to the EPA for approval. Program revision may be
necessary when the controlling Federal or state statutory or regulatory
authority is modified or when responsibility for the state program is
shifted to a new agency or agencies.
B. What decisions has the EPA made in this rule?
On December 21, 2022, in accordance with 40 CFR 281.51(a),
Massachusetts submitted a complete program revision application seeking
EPA approval for its UST program revisions (State Application).
Massachusetts' revisions 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 requesting approval, a
description of the program and operating procedures, a demonstration of
the State's procedures to ensure adequate enforcement, a Memorandum of
Agreement outlining the roles and responsibilities of the EPA and the
implementing agency, a statement of certification from the Attorney
General, and copies of all relevant State statutes and regulations. We
have reviewed the State Application and determined that the revisions
to Massachusetts' UST program are equivalent to, consistent with, and
no less stringent than the corresponding Federal requirements in
subpart C of 40 CFR part 281, and that the Massachusetts program
provides for adequate enforcement of compliance (40 CFR 281.11(b)).
Therefore, the EPA grants Massachusetts final approval to operate its
UST program with the changes described in the program revision
application, and as outlined below in section I.G. of this document.
C. What is the effect of this approval decision?
This action does not impose additional requirements on the
regulated community because the regulations being approved by today's
rule are already effective in Massachusetts, and they are not changed
by today's action. This action merely approves the existing state
regulations as meeting the federal requirements and renders them
federally enforceable.
D. Why is EPA using a direct final rule?
EPA is publishing this direct final rule concurrent with a proposed
rule because we view this as a noncontroversial action and anticipate
no adverse comment. EPA is providing an opportunity for public comment
now.
E. What happens if the EPA receives comments that oppose this action?
Along with this direct final, the EPA is publishing a separate
document in the ``Proposed Rules'' section of this Federal Register
that serves as the proposal to approve the State's UST program
revision, providing opportunity for public comment. If EPA receives
comments that oppose this approval, EPA will withdraw the direct final
rule by publishing a document in the Federal Register before the rule
becomes effective. The EPA will base any further decision on the
approval of the State program changes on the proposal to approve after
considering all comments received during the comment period. EPA will
then address all public comments in a later final rule. You may not
have another opportunity to comment. If you want to comment on this
approval, you must do so at this time.
F. For what has Massachusetts previously been approved?
On March 17, 1995, effective April 17, 1995 (60 FR 14371), EPA
approved the State's UST program administered at that time by the
Massachusetts Department of Fire Services (DFS). Effective December 30,
1996 (61 FR 56135), EPA codified the Massachusetts' statutes and
regulations comprising the State's approved UST program, incorporating
by reference those
[[Page 63103]]
approved provisions that are subject to EPA's inspection and
enforcement authorities under RCRA sections 9005 and 9006, 42 U.S.C.
6991d and 6991e, and other applicable statutory and regulatory
provisions.
The responsibility for administering the underground storage tank
program was transferred to the Massachusetts Department of
Environmental Protection (MassDEP), effective July 1, 2009. MassDEP
adopted UST regulations (310 CMR 80.00) which became effective on
January 2, 2015. These maintained the basic requirements established by
the DFS (Board of Fire Prevention Regulations 527 CMR 9.00) and
authorized by EPA in 1995. On July 18, 2019, the EPA approved these
Massachusetts UST program revisions, effective September 16, 2019.
G. What changes are we approving with today's action?
On December 21, 2022, in accordance with 40 CFR 281.51(a),
Massachusetts submitted a complete application for final approval of
its UST program revisions, adopted on October 1, 2021. The EPA now
makes an immediate final decision, subject to receipt of written
comments that oppose this action, that Massachusetts' UST program
revisions satisfy all the requirements necessary to qualify for final
approval. Therefore, EPA grants Massachusetts final approval for the
following program changes:
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Required Federal element Implementing State authority
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40 CFR 281.30, New UST Systems and 310 CMR 80.14; 80.16; 80.17(1) and
Notification. (2); 80.18; 80.21(1); 80.22; 80.23;
80.64; M.G.L. c.21O,Sec. 5.
40 CFR 281.31, Upgrading Existing 310 CMR 80.19; 80.21; 80.22; 80.64;
UST Systems. M.G.L. c.21O,Sec. 5.
40 CFR 281.32, General Operating 310 CMR 80.03; 80.10; 80.18; 80.22;
Requirements. 80.26; 80.27; 80.28; 80.29; 80.30;
80.31; 80.32; 80.33; 80.35; 80.36;
80.64; M.G.L. c.21OSec. 5.
40 CFR 281.33, Release Detection.. 310 CMR 80.04; 80.19; 80.26; 80.31;
80.35; 80.64; M.G.L. c.21O, Sec.
5.
40 CFR 281.34, Release Reporting, 310 CMR 80.23; 80.26; 80.31(1)-(3);
Investigation, and Confirmation. 80.32; 80.38(2); 80.39; 80.40;
80.64; M.G.L. c.21O,Sec. 5;
M.G.L. c.21E Sec. Sec. 3A, 5, 7,
8, 9.
40 CFR 281.35, Release Response 310 CMR 80.33; 310 CMR 80.38-80.40;
and Corrective Action. 80.64.
40 CFR 281.36, Out-of-service 310 CMR 80.42; 80.43; 80.46; 80.47;
Systems and Closure. 80.64.
40 CFR 281.37, Financial 310 CMR 80.04; 80.36; 80.52-80.57;
Responsibility for USTs 80.59-80.60; 80.64.
Containing Petroleum.
40 CFR 281.38, Lender Liability... No security interest exemption
40 CFR 281.39, Operator Training.. 310 CMR 80.37; 80.64
40 CFR 281.40, Requirements for 310 CMR 80.10; 80.13; M.G.L. c. 21O,
Compliance Monitoring and Sec. 6
Authority.
40 CFR 281.41, Requirements for 310 CMR 80.48; 80.50; 310 CMR 5.00;
Enforcement Authority. M.G.L. c. 21O, Sec. Sec. 7 and
8.
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The State also demonstrates that its program provides adequate
enforcement of compliance as described in 40 CFR 281.11(b) and part
281, Subpart D. The MassDEP has broad statutory authority with respect
to USTs to regulate installation, operation, maintenance, closure, and
UST releases, and to the issuance of orders. These statutory
authorities are found in: Massachusetts General Laws, Chapter 21O,
Operation and Removal of Underground Storage Tanks; Massachusetts
General Laws, Chapter 21E, Massachusetts Oil and Hazardous Material
Release Prevention and Response Act; and Massachusetts General Laws,
Chapter 21J, Underground Storage Tank Petroleum Product Cleanup Fund.
H. Where are the revised rules different from the Federal rules?
Broader in Scope Provisions
The following statutory and regulatory provisions are considered
broader in scope than the federal program, and are therefore not
enforceable as a matter of federal law:
The Owner or Operator of an underground storage tank used for the
keeping or storage of flammable or combustible fluids may need to
obtain a permit from the fire department in which the UST system is
located for closure or relocation of the UST system. It is the
responsibility of the Owner or Operator to obtain any required
permit(s).
Owners and operators of UST systems containing low level
radioactive waste or its mixture with hazardous waste regulated by the
Nuclear Regulatory Commission and the Department of Public Health must
ensure that the UST systems will prevent releases due to corrosion or
structural failure, be cathodically protected against corrosion, be
constructed of non-corrodible material, and be constructed or lined
with material that is compatible with the stored regulated substance.
Massachusetts requires that consumptive use (CU) tanks of 1,100
gallons or less must comply with release response requirements and, if
installed on and after March 21, 2008, be double walled and equipped
with continuous interstitial monitoring. Consumptive use tanks greater
than 1,100 gallons installed on and after January 1, 1989 must comply
with most of the regulatory requirements, except registration and fill
pipe cover requirements. If CU tanks greater than 1,100 gallons were
installed before January 1, 1989, they must meet most requirements
except those for installation, leak detection, tank specifications, and
corrosion protection.
Farm and residential tanks having a capacity of 1,100 gallons or
less used exclusively for the storage of motor fuel must be double
walled and must comply with release response requirements.
UST systems used solely for emergency spill or overflow containment
of a regulated substance installed on or after January 1, 1989, must be
double walled, protected from corrosion, comply with registration and
release response requirements, and be emptied within 72 hours of
introduction of product.
Owners or operators must maintain, until the UST system is removed
or permanently closed in place, a scaled drawing or set of as-built
plans of all UST systems prepared by the installer or a registered
professional engineer, with specific information, and must submit a
copy of the as-built plans to the Department.
[[Page 63104]]
Owners and operators of UST systems are required to hire certified
Third-Party Inspectors (TPIs) to conduct compliance inspections of
those systems every three years. MassDEP's TPI Certification Program
requires that qualified individuals must pass a written exam and meet
certain minimum eligibility requirements, are certified for five years,
and need to apply for renewal at least 90 days before their current
certifications expire.
Owners or operators of all UST systems must submit a performance-
based compliance certification to the Department in accordance with the
Environmental Results Program Certification requirements.
Massachusetts requires that an owner or operator hire a Licensed
Site Professional (LSP) to work on their behalf to oversee the
assessment and cleanup of contaminated properties. Massachusetts
provisions that are broader in scope than the federal program are not
incorporated by reference and are not part of the federally-approved
program.
More Stringent Provisions
The following statutory and regulatory provisions are considered
more stringent than the federal program and are therefore enforceable
as a matter of federal law:
All single-walled steel tanks in-service and temporarily out-of-
service must be permanently closed and removed from the ground, or be
permanently closed in-place, by August 7, 2017, except for consumptive
use tanks, and tanks that were relined prior to August 8, 2007.
Groundwater monitoring is not permitted as a form of release
detection.
After January 2, 2017, owners and operators may no longer use soil
vapor monitoring as a primary form of release detection.
Regulated substance dispensers installed, repaired, or replaced on
or after March 21, 2008 must be equipped with a dispenser sump that is
continuously monitored with a dispenser sump sensor.
All turbine sumps, including intermediate sumps, shall be
continuously monitored for liquids utilizing a sump sensor.
Turbine, intermediate, and dispenser sumps must pass a tightness
test at installation to ensure the sump is liquid tight.
All high-level alarms installed on and after January 2, 2015 must
be visible and audible, and be clearly labeled as a tank overfill
alarm.
Owners or Operators shall inspect and test the overfill prevention
equipment annually to ensure that it is operational and will activate
at the correct level.
Massachusetts requires all UST systems, regardless of the amount of
regulated product received at one time, to have a spill bucket. Spill
buckets must be at least five gallons in capacity, if installed after
January 2, 2015. If installed before that date, must have a minimum
capacity of three gallons. Spill buckets must pass a tightness test at
installation.
All submersible pumps that do not have a turbine containment sump
shall be visually inspected every 30 days.
Single-walled and double-walled sumps without continuous monitoring
sensors in the sump must be inspected every 90 days.
Impressed current cathodic protection systems must be tested every
12 months.
All cathodic protection systems must be tested within 60 days of a
repair.
Owners or operators of regulated tanks that are not double-walled
and do not have continuous monitoring must conduct daily and monthly
inventory monitoring, with the exception of emergency generator tanks
installed before January 2, 2015.
Financial responsibility must be maintained and demonstrated for
UST systems containing hazardous substances.
When an UST system is taken temporarily out of service, all
regulated substances must be removed from the tank and the UST rendered
inert. Vent lines must be kept open and functioning and all other lines
capped, locked, and secured.
II. Codification
A. What is codification?
Codification is the process of placing a state's statutes and
regulations that comprise the state's approved UST program into the
CFR. Section 9004(b) of RCRA, as amended, allows the EPA to approve
State UST programs to operate in lieu of the Federal program. The EPA
codifies its authorization of state programs in 40 CFR part 282 and
incorporates by reference state regulations that the EPA will enforce
under sections 9005 and 9006 of RCRA and any other applicable statutory
provisions. The incorporation by reference of state authorized programs
in the CFR should substantially enhance the public's ability to discern
the current status of the approved state program and state requirements
that can be federally enforced. This effort provides clear notice to
the public of the scope of the approved program in each state.
B. What is the history of codification of Massachusetts' UST program?
EPA incorporated by reference the Massachusetts DFS approved UST
program effective December 30, 1996 (61 FR 56135; October 31, 1996). In
this document, EPA is revising 40 CFR 282.71 to include the approval
revision actions.
C. What codification decisions have we made in this rule?
Incorporation by reference: In this rule, we are finalizing the
Federal regulatory text that incorporates by reference the federally
authorized Massachusetts UST Program. In accordance with the
requirements of 1 CFR 51.5, we are finalizing the incorporation by
reference of the Massachusetts statutes and regulations described in
the amendments to 40 CFR part 282 set forth below. The EPA has made,
and will continue to make, this document generally available through
www.regulations.gov and at the EPA Region 1 office (see the ADDRESSES
section of this preamble for more information).
The purpose of this Federal Register document is to codify
Massachusetts' approved UST program. The codification reflects the
State program in effect at the time EPA's approved revisions to the
Massachusetts UST program addressed in this direct final rule become
final. The document incorporates by reference Massachusetts' UST
statutes and regulations and clarifies which of these provisions are
included in the approved and federally enforceable program. By
codifying the approved Massachusetts program and by amending the CFR,
the public will more easily be able to discern the status of the
federally-approved requirements of the Massachusetts program.
EPA is incorporating by reference the Massachusetts approved UST
program in 40 CFR 282.71. Section 282.71(d)(1)(i)(A) incorporates by
reference for enforcement purposes the State's statutes and
regulations. Section 282.71 also references the Attorney General's
Statement, Demonstration of Adequate Enforcement Procedures, the
Program Description, and the Memorandum of Agreement, which are
approved as part of the UST program under Subtitle I of RCRA.
D. What is the effect of Massachusetts' codification on enforcement?
The EPA retains the authority under sections 9005 and 9006 of
Subtitle I of RCRA, 42 U.S.C. 6991d and 6991e, and other applicable
statutory and
[[Page 63105]]
regulatory provisions to undertake inspections and enforcement actions
and to issue orders in approved states. With respect to these actions,
EPA will rely on federal sanctions, federal inspection authorities, and
federal procedures rather than the state authorized analogues to these
provisions. Therefore, the EPA is not incorporating by reference such
particular, approved Massachusetts procedural and enforcement
authorities. Section 282.71(d)(1)(ii) of 40 CFR lists those approved
Massachusetts authorities that would fall into this category.
E. What State provisions are not part of the codification?
The public also needs to be aware that some provisions of the
State's UST program are not part of the federally approved State
program. Such provisions are not part of the RCRA Subtitle I program
because they are ``broader in scope'' than Subtitle I of RCRA. 40 CFR
281.12(a)(3)(ii) states that where an approved state program has
provisions that are broader in scope than the federal program, those
provisions are not a part of the federally approved program. As a
result, State provisions which are broader in scope than the federal
program are not incorporated by reference for purposes of enforcement
in part 282. Section 282.71(d)(1)(iii) of the codification simply lists
for reference and clarity the Massachusetts statutory and regulatory
provisions which are broader in scope than the federal program and
which are not, therefore, part of the approved program being codified
today. Provisions that are broader in scope cannot be enforced by EPA;
the State, however, will continue to implement and enforce such
provisions under State law.
III. Statutory and Executive Order Reviews
This action only applies to Massachusetts' UST Program requirements
pursuant to RCRA Section 9004 and imposes no requirements other than
those imposed by State law. It complies with applicable Executive
Orders (EOs) and statutory provisions as follows:
Additional information about these statutes and Executive Orders
can be found at https://www.epa.gov/laws-regulations/laws-and-executive-orders.
A. Executive Order 12866: Regulatory Planning and Review and Executive
Order 14094: Modernizing Regulatory Review
This action is not a significant regulatory action as defined in
Executive Order 12866 (58 FR 51735, October 4, 1993), as amended by
Executive Order 14094 (88 FR 21879, April 11, 2023), because this
action approves and codifies State requirements for the purpose of RCRA
section 9004 and imposes no additional requirements beyond those
imposed by State law. Therefore, this action was not subject to a
requirement for Executive Order 12866 review.
B. Paperwork Reduction Act (PRA)
This rule does not impose an information collection burden under
the provisions of the PRA, 44 U.S.C. 3501 et seq. Burden is defined at
5 CFR 1320.3(b).
C. Regulatory Flexibility Act (RFA)
I certify that this action will not have a significant economic
impact on a substantial number of small entities under the RFA, 5
U.S.C. 601 et seq., because this action authorizes State requirements
pursuant to RCRA section 9004 and imposes no requirements beyond those
imposed by State law.
D. Unfunded Mandates Reform Act (UMRA)
This action does not contain any unfunded mandates as described in
UMRA, 2 U.S.C. 1501 et seq., and does not significantly or uniquely
affect small governments because this action approves and codifies pre-
existing requirements under State law and does not impose any
additional enforceable duty beyond that required by State law.
E. Executive Order 13175: Consultation and Coordination With Indian
Tribal Governments
Because this action approves and codifies pre-existing requirements
under State law and does not impose any additional enforceable duty
beyond that required by State law, it does not contain any unfunded
mandate or significantly or uniquely affect small governments, as
described in the Unfunded Mandates Reform Act of 1995 (2 U.S.C. 1531-
1538). As discussed above, EPA is not acting on approval to operate the
State's UST program as it applies to Tribal lands in the State.
Therefore, this action also does not significantly or uniquely affect
the communities of Tribal governments, as specified by Executive Order
13175 (65 FR 67249, November 9, 2000).
F. Executive Order 13132: Federalism
This action will not have substantial direct effects on the States,
on the relationship between the national government and the States, or
on the distribution of power and responsibilities among the various
levels of government, as specified in Executive Order 13132 (64 FR
43255, August 10, 1999), because it merely approves and codifies State
requirements as part of the State RCRA underground storage tank program
without altering the relationship or the distribution of power and
responsibilities established by RCRA.
G. Executive Order 13045: Protection of Children From Environmental
Health and Safety Risks
EPA interprets Executive Order 13045 (62 FR 19885, April 23, 1997)
as applying only to those regulatory actions that concern environmental
health or safety risks that EPA has reason to believe may
disproportionately affect children, per the definition of ``covered
regulatory action'' in section 2-202 of the Executive Order. Therefore,
this action is not subject to Executive Order 13045 because it approves
a State program.
H. Executive Order 13211: Actions That Significantly Affect Energy
Supply, Distribution, or Use
This rule is not subject to Executive Order 13211 (66 FR 28355, May
22, 2001) because it is not a ``significant regulatory action'' as
defined under Executive Order 12866.
I. National Technology Transfer and Advancement Act (NTTAA)
Under RCRA section 9004(b), EPA grants a State's application for
approval as long as the State meets the criteria required by RCRA. It
would thus be inconsistent with applicable law for EPA, when it reviews
a State approval application, to require the use of any particular
voluntary consensus standard in place of another standard that
otherwise satisfies the requirements of RCRA. Thus, the requirements of
section 12(d) of the NTTAA, 15 U.S.C. 272 note, do not apply to this
action.
J. Executive Order 12898: Federal Actions To Address Environmental
Justice in Minority Populations and Low-Income Populations
Executive Order 12898 (59 FR 7629, February 16, 1994) directs
Federal agencies, to the greatest extent practicable and permitted by
law, to make environmental justice part of their mission by identifying
and addressing, as appropriate, disproportionately high
[[Page 63106]]
and adverse human health or environmental effects of their programs,
policies, and activities on minority populations (people of color and/
or Indigenous peoples) and low-income populations. Because this action
approves pre-existing State rules that are no less stringent than
existing Federal requirements and imposes no additional requirements
beyond those imposed by State law, and there are no anticipated
significant adverse human health or environmental effects, this rule is
not subject to Executive Order 12898.
K. Congressional Review Act (CRA)
This action is subject to the CRA, 5 U.S.C. 801 et seq., and EPA
will submit a rule report containing this document and other required
information to each House of the Congress and the Comptroller General
of the United States prior to publication in the Federal Register. A
major rule cannot take effect until 60 days after it is published in
the Federal Register. This action is not a ``major rule'' as defined by
5 U.S.C. 804(2). However, this action will be effective October 1, 2024
because it is a direct final rule.
List of Subjects in 40 CFR Part 282
Environmental Protection, Administrative practice and procedure,
Confidential Business Information, Hazardous substances, Incorporation
by Reference, Insurance, Intergovernmental relations, Penalties,
Petroleum, Reporting and recordkeeping requirements, Surety bonds,
Water supply.
David W. Cash,
Regional Administrator, EPA Region 1.
For the reasons set forth in the preamble, 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. 282.2 by revising and republishing the introductory
text of paragraph (b) and paragraph (b)(1) to read as follows:
Sec. 282.2 Incorporation by reference.
* * * * *
(b) Copies of materials incorporated by reference may be inspected
at the National Archives and Records Administration (NARA). For
information on the availability of this material at NARA, email:
[email protected], or go to: www.archives.gov/federal-register/crf/ibr-locations. Copies of materials incorporated by reference may be
obtained or inspected at the EPA UST Docket, located at 1235 Jefferson
Davis Highway, First Floor, Arlington, VA 22202 (telephone number: 703-
603-9231), or send mail to Mail Code 5305G, 1200 Pennsylvania Ave. NW,
Washington, DC 20460, and at the library of the appropriate Regional
Office listed below:
(1) Region 1 (Connecticut, Maine, Massachusetts, New Hampshire,
Rhode Island, Vermont): 5 Post Office Square, 1st floor, Boston, MA
02109-3912; Phone Number: (617) 918-1303.
* * * * *
0
3. Revise and republish Sec. 282.71 to read as follows:
Sec. 282.71 Massachusetts State-Administered Program.
(a) Massachusetts is approved to administer and enforce an
underground storage tank 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 program, as
administered by the Massachusetts Department Environmental Protection
(MassDEP), was approved by EPA pursuant to 42 U.S.C. 6991c and 40 CFR
part 281 of this Chapter. EPA approved the Massachusetts program on
March 3, 1995, which was effective on April 17, 1995.
(b) Massachusetts has primary responsibility for administering and
enforcing its federally approved underground storage tank program.
However, EPA retains the authority to exercise its inspection and
enforcement authorities under sections 9005 and 9006 of Subtitle I of
RCRA, 42 U.S.C. 6991d and 6991e, as well as under any other applicable
statutory and regulatory provisions.
(c) To retain program approval, Massachusetts must revise its
approved program to adopt new changes to the federal Subtitle I program
which makes it more stringent, in accordance with section 9004 of RCRA,
42 U.S.C. 6991c and 40 CFR part 281, subpart E. If Massachusetts
obtains approval for the 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 notification of any change
will be published in the Federal Register.
(d) Massachusetts has final approval for the following elements of
its program application originally submitted to EPA and approved
effective April 17, 1995, and the program revision application approved
by EPA, effective on October 1, 2024.
(1) State statutes and regulations.
(i) Incorporation by reference. The material cited in this
paragraph, and listed in appendix A to part 282, is incorporated by
reference as part of the underground storage tank program under
Subtitle I of RCRA, 42 U.S.C. 6991 et seq. (See Sec. 282.2 for
incorporation by reference approval and inspection information.) You
may obtain copies of the Massachusetts regulations and statutes that
are incorporated by reference in this paragraph from the State
Bookstore, State House, Room 116, Boston, MA 02133; phone number: (617)
727-2834; Hours: Monday-Friday, 8:45 a.m. to 5:00 p.m.; website:
https://www.sec.state.ma.us/divisions/bookstore/agencies/310-environmental-protection.htm.
(A) ``EPA Approved Massachusetts Statutory and Regulatory
Requirements Applicable to the Underground Storage Tank Program, March
2024.''
(B) [Reserved]
(ii) Legal basis. EPA evaluated the following statutes and
regulations which are part of the approved program, but they are not
being incorporated by reference for enforcement purposes, and do not
replace Federal authorities:
(A) The statutory provisions include:
(1) Massachusetts General Laws, Chapter 21A, Executive Office of
Energy and Environmental Affairs, section 16, Civil Administrative
Penalties.
(2) Massachusetts General Laws, Chapter 21E, Massachusetts Oil and
Hazardous Material Release Prevention and Response Act (2014), sections
4 through 6, 8 through 12 and 15 through 18.
(3) Massachusetts General Laws, Chapter 21J, Underground Petroleum
Product Cleanup Fund, sections 11 through 14.
(4) Massachusetts General Laws, Chapter 21O, Operation and Removal
of Underground Storage Tanks, section 4, sections 6 through 9.
(B) The regulatory provisions include:
(1) Code of Massachusetts Regulations, 310 CMR 80, Underground
Storage Tank (UST) Systems: 80.11, Submittals to the Department; 80.12
Presumption of Irreparable Harm; 80.13, Department Access to UST
Facilities and Records; 80.48, Delivery Prohibition; 80.50, Enforcement
and Appeals.
(2) Code of Massachusetts Regulations, 310 CMR 40, Massachusetts
Contingency Plan: 40.0010, Effect of Orders and Appeals;
[[Page 63107]]
40.0011, Confidentiality of Information; 40.0013, Presumption of
Irreparable Harm; 40.0019, Violations of Environmental Restrictions;
40.0020, Violations of a Permanent Solution or Temporary Solution;
40.0021, Unlawful Interference with Response Actions; 40.0050, Appeals
of Orders and Permits; 40.0051, Appeals Relative to Administrative
Penalties; 40.0160, Departmental Notice to Responsible Parties and
Potentially Responsible Parties; 40.0165, Department Request for
Information (RFI); 40.0166, Department Right of Entry; 40.0171, Failure
to Perform a Response Action.
(iii) Provisions not incorporated by reference.
The following specifically identified statutory and regulatory
provisions applicable to the Massachusetts' UST program are broader in
scope than the federal program, are not part of the approved program,
and are not incorporated by reference herein for enforcement purposes:
(A) Massachusetts General Laws, Chapter 21E: Massachusetts Oil and
Hazardous Material Release Prevention and Response Act, sections 3A,
3B, sections 13, 14, and 19 through 22; Chapter 21J: Underground
Petroleum Product Cleanup Fund, sections 1 through 10; Chapter 21O:
Operation and Removal of Underground Storage Tanks, section 1, Removal
or relocation of underground flammable or combustible fluid tanks;
permits; abandoned underground residential tanks;
(B) Code of Massachusetts Regulations, Title 310 CMR Chapter 80,
Underground Storage Tank Systems: General Provisions section,
Applicability, 80.04(6)(c), (8) through (12); Design, Construction And
Installation Requirements section, Installation requirements, 80.16(7);
Specifications for Tanks, 80.17(3); Requirements for Turbine,
Intermediate and Dispenser Sumps, 80.20(6); Requirements for Spill
Buckets and Overfill Prevention Equipment, 80.21(1)(d); General
Operating Requirements section, Requirements for Registration and
Reporting, 80.23(1)(b)(2); Requirements for a UST System or UST
Component Emergency Response, 80.25; Requirements for Compliance
Certification section, 80.34; Change-In-Product, Out Of Service Systems
And Closure section, Requirements for Removal and permanent Closure In-
place, 80.43(7); Third Party Inspections section, 80.49; 310 CMR
Chapter 40, Massachusetts Contingency Plan: Subpart B: Organization and
Responsibilities, The Role of Licensed Site Professionals section,
40.0169; and other provisions of Chapter 40.0000 Subparts A-P insofar
as they do not relate to underground storage tanks and with respect to
underground storage tanks insofar as they are broader in scope than the
federal requirements.
(2) Statement of Legal Authority. The Attorney General's
Statements, signed by the Attorney General of Massachusetts on August
18, 1993, March 2, 2017, and December 13, 2022, though not incorporated
by reference, are referenced as part of the approved underground
storage tank program under Subtitle I of RCRA, 42 U.S.C. 6991 et seq.
(3) Demonstration of procedures for adequate enforcement. The
``Demonstration of Procedures for Adequate Enforcement'' submitted as
part of the original application on October 5, 1992, and as part of the
program revision applications for approval on June 21, 2017 and
December 21, 2022, 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 5,
1992, and as part of the program revision applications on June 21, 2017
and December 21, 2022, 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.
(5) Memorandum of Agreement. The Memorandum of Agreement between
EPA Region 1 and the Massachusetts Department of Environmental
Protection, signed by the EPA Regional Administrator on November 21,
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
4. Appendix A to part 282 is amended by revising the entry for
Massachusetts as follows:
Appendix A to Part 282--State Requirements Incorporated by Reference in
Part 282 of the Code of Federal Regulations
* * * * *
Massachusetts
(a) The statutory provisions include:
Massachusetts General Laws, Part I, Title II
1. Chapter 21E, Massachusetts Oil and Hazardous Material Release
Prevention and Response Act
Section 1: Short title; section 2: Definitions; section 3:
Implementation; regulations; response actions; section 7: Notice of
release or threat of release.
2. Chapter 21O, Operation and Removal of Underground Storage
Tanks
Section 2: Notification of operation of underground storage
tanks; definitions; section 3: Notification of operation of
underground storage tanks; requirements; exceptions; section 5:
Notification of operation of underground storage tanks; regulations
for requirements and standards of tanks;
(b) The regulatory provisions include:
1. Code of Massachusetts Regulations, Title 310 CMR Chapter 80,
Underground Storage Tank Systems: (effective October 1, 2021)
General Provisions section, 80.01: Authority; 80.02: Purpose;
80.03: Definitions; 80.04: Applicability, (1) through (13), except
(6)(c), and (8) through (12); 80.05: Rules of Construction; 80.06:
Computation of Time; 80.07: Accurate and Timely Submittals to the
Department and Record Keeping; 80.08: Accurate and Complete Record
Keeping; 80.09: Accurate Monitoring; 80.10: Duty to Provide
Information.
Design, Construction, and Installation Requirements section,
80.14: General Requirements; 80.15: General Prohibitions; 80.16:
Installation Requirements, except (7); 80.17: Specifications for
Tanks, except (3); 80.18: Specifications for Regulated Substance
Piping; 80.19: Leak Detection; 80.20: Requirements for Turbine,
Intermediate and Dispenser Sumps, except (6); 80.21: Requirements
for Spill Buckets and Overfill Prevention Equipment, except (1)(d);
80.22: Requirements for Corrosion Protection.
General Operating Requirements section, 80.23: Requirements for
Registration and Reporting, except (1)(b) 2; 80.24: General
Requirements; 80.26: Requirements for Leak Detection Systems; 80.27:
Requirements for Turbine, Intermediate and Dispenser Sumps; 80.28:
Requirements for Spill Buckets and Overfill Prevention Equipment;
80.29: Requirements for Corrosion Protection; 80.30: Requirements
for Compatibility; 80.31: Requirements for Inventory Monitoring;
80.32: Requirements for Tank and Pipe/Line Tightness Testing; 80.33:
Requirements for Repairs and Replacements; 80.35: Requirements for
Periodic Inspections, except (2)(c); 80.36: Requirements for
Recordkeeping;
Operator Training section, 80.37: Class A, B, and C Operator
Requirement and Certifications
Leakage and Release: Response, Reporting and Remediation
section, 80.38: Response to a Release; 80.39: Response to Leakage;
80.40: Reportable Releases.
Change-In-Product, Out of Service Systems and Closure section,
80.41: Requirements for Change-in-product; 80.42: Requirements for
Taking a UST System Temporarily Out-of-service; 80.43: Requirements
for Removal and Permanent Closure In-place, except (7); 80.44:
Requirements for a Tank within a Tank; 80.45: UST Systems
Temporarily Out-of-service for over Five Years; 80.46: Requirements
for Previously Closed-in-place UST Systems; 80.47: Standards for
Cleaning and Closure.
Financial Responsibility section, 80.51: Definitions; 80.52:
Requirements for Amount
[[Page 63108]]
and Scope of Financial Responsibility; 80.53: Allowable Mechanisms
and Combinations of Mechanisms; 80.54: Requirements for Financial
Responsibility Mechanisms; 80.55: Requirements for a Standby Trust;
80.56: Substitution of Financial Assurance Mechanisms by Owner or
Operator; 80.57: Cancellation or Nonrenewal by a Provider of
Financial Assurance; 80.58: Requirements for Reporting by Owner or
Operator; 80.59: Requirements for Recordkeeping; 80.60: Requirements
for Drawing on Financial Assurance Mechanisms; 80.61: Release from
Financial Responsibility Requirements; 80.62: Bankruptcy or Other
Incapacity of Owner or Operator or Provider of Financial Assurance;
80.63: Requirements for Replenishment of Local Government
Guarantees, Letters of Credit, or Surety Bonds.
Requirements for Airport Hydrant Fuel Distribution Systems
section, 80.64: Requirements for Airport Hydrant Fuel Distribution
Systems.
2. Code of Massachusetts Regulations, Title 310 CMR 40:
Massachusetts Contingency Plan (effective March 1, 2024) only
insofar as they pertain to the regulation of underground storage
tanks in Massachusetts and only insofar as they are incorporated by
reference and are not broader in scope than the federal
requirements. Note that reserved sections of 310 CMR 40.0000 et seq.
are not incorporated by reference:
Subpart A: General Provisions, except 40.0010 through 40.0013,
40.0016 through 40.0021, and 40.0030 through 40.0070; Subpart B:
Organization and Responsibilities, except 40.0160 through 40.0171;
Subpart C: Notification of Releases and Threats of Release of Oil
and Hazardous Material; Identification and Listing of Oil and
Hazardous Material; Subpart D: Preliminary Response Actions and Risk
Reduction Measures.
(c) Official copies of 310 CMR 80.00, the Massachusetts
regulations that are incorporated by reference, are available at:
State Bookstore, State House, Room 116, Boston, MA 02133; Phone
number: 617-727-2834; Hours: Monday-Friday, 8:45 a.m. to 5:00 p.m.;
website: https://www.sec.state.ma.us/divisions/bookstore/agencies/310-environmental-protection.htm.
* * * * *
[FR Doc. 2024-16812 Filed 8-1-24; 8:45 am]
BILLING CODE 6560-50-P
