Iowa: Final Approval of State Underground Storage Tank Program Revisions, Codification, and Incorporation by Reference, 80788-80795 [2024-22912]
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80788
Federal Register / Vol. 89, No. 193 / Friday, October 4, 2024 / Rules and Regulations
(ii) Section 170.309(f) through (j).
(iii) Section 170.311.
(iv) Section 170.401.
(v) Section 170.403.
(vi) Sections 170.405(a)(2) and
170.505(b), but only in regard to
owner(s) of the establishment and their
immediate family members who remain
inside closed buildings, housing, or
shelters. This exception also applies to
handlers (regardless of whether they are
immediate family members) who have
been expressly instructed by the
owner(s) of the establishment that:
(A) Only the owner(s) or their
immediate family members remain
inside the closed building, housing, or
shelter, and
(B) The application should proceed
despite the presence of the owner(s) or
their immediate family members
remaining inside the closed buildings,
housing, or shelters.
(vii) Section 170.409.
(viii) Sections 170.411 and 170.509.
(ix) Section 170.501.
(x) Section 170.503.
(xi) Section 170.505(c) and (d).
(xii) Section 170.507(c) through (e).
(xiii) Section 170.605(a) through (c),
and (e) through (j).
*
*
*
*
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[FR Doc. 2024–22832 Filed 10–3–24; 8:45 am]
BILLING CODE P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 282
[EPA–R07–UST–2023–0534; FRL–11633–
02–R7]
Iowa: 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 Iowa’s Underground Storage Tank
(UST) program submitted by the
Department of Natural Resources (DNR).
This action also codifies EPA’s approval
of Iowa’s State program and
incorporates by reference those
provisions of the State regulations that
we have determined meet the
requirements for approval. The
provisions will be subject to EPA’s
inspection and enforcement authorities
under RCRA Subtitle I and other
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SUMMARY:
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applicable statutory and regulatory
provisions.
DATES: This rule is effective December 3,
2024, unless EPA receives adverse
comment by November 4, 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 certain
publications listed in the regulations is
approved by the Director of the Federal
Register, as of December 3, 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
on-line instructions for submitting
comments.
2. Email: pomes.michael@epa.gov.
Instructions: Direct your comments to
Docket ID No. EPA–R07–UST–2023–
0534. EPA’s policy is that all comments
received will be included in the public
docket without change and may be
available online at https://
www.regulations.gov, including any
personal information provided, unless
the comment includes information
claimed to be Confidential Business
Information (CBI) or other information
whose disclosure is restricted by statute.
Do not submit information that you
consider to be CBI or otherwise
protected through https://
www.regulations.gov, or email. The
Federal https://www.regulations.gov
website is an ‘‘anonymous access’’
system, which means the EPA will not
know your identity or contact
information unless you provide it in the
body of your comment. If you send an
email comment directly to the EPA
without going through https://
www.regulations.gov, your email
address will be automatically captured
and included as part of the comment
that is placed in the public docket and
made available on the internet. If you
submit an electronic comment, EPA
recommends that you include your
name and other contact information in
the body of your comment and also with
any disk or CD–ROM you submit. 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
document for assistance.
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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. Publicly available
docket materials are available
electronically through
www.regulations.gov.
IBR and supporting material: You can
view and copy the documents that form
the basis for this codification and
associated publicly available materials
either through www.regulations.gov or
by contacting Angela Sena, Tanks,
Toxics & Pesticides Branch, Land
Chemical, and Redevelopment Division,
U.S. Environmental Protection Agency,
Region 7, 11201 Renner Boulevard,
Lenexa, Kansas 66219; (913) 551–7989;
sena.angela@epa.gov. Please call or
email the contact listed above if you
need access to material indexed but not
provided in the docket.
FOR FURTHER INFORMATION CONTACT:
Michael L Pomes, Remediation Branch,
Land, Chemical, and Redevelopment
Division, U.S. Environmental Protection
Agency, Region 5, 77 W Jackson
Boulevard, Chicago, Illinois 60604;
(312) 886–2406; pomes.michael@
epa.gov.
SUPPLEMENTARY INFORMATION:
I. Approval of Revisions to Iowa’s
Underground Storage Tank Program
A. Why are revisions to State programs
necessary?
States that have received final
approval from the EPA under section
9004(b) of RCRA, 42 U.S.C. 6991c(b),
must maintain 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 June 22, 2023, in accordance with
40 CFR 281.51(a), Iowa submitted a
complete program revision application
seeking the EPA approval for its UST
program revisions (State Application).
Iowa’s revisions correspond to the EPA
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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 Iowa’s 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 Iowa program
provides for adequate enforcement of
compliance (40 CFR 281.11(b)).
Therefore, the EPA grants Iowa 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 this rule
are already effective in Iowa and they
are not changed by this action. This
action merely approves the existing
State regulations as meeting the Federal
requirements and renders them
federally enforceable.
D. Why is EPA using a direct final rule?
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 rule, the
EPA is publishing a separate document
in the ‘‘Proposed Rules’’ section of this
issue of the Federal Register that serves
as the proposal to approve the State’s
UST program revisions, 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 after
considering all comments received
during the comment period. EPA will
then address all public comments in a
Required Federal element
40 CFR 281.30, New UST Systems and Notification continued . . . ......................
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40 CFR 281.31, Upgrading Existing UST Systems ..................................................
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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 Iowa previously been
approved?
On March 7, 1995, the EPA finalized
a rule approving the UST program,
effective May 8 1995, to operate in lieu
of the Federal program. On March 7,
1995, effective May 8, 1995, the EPA
codified the approved Iowa program,
incorporating by reference the State
statutes and regulatory 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.
G. What changes are we approving with
this action?
On June 22, 2023, in accordance with
40 CFR 281.51(a), Iowa submitted a
complete application for final approval
of its UST program revisions adopted on
June 23, 2021. The EPA now makes an
immediate final decision, subject to
receipt of written comments that oppose
this action, that Iowa’s UST program
revisions satisfy all of the requirements
necessary to qualify for final approval.
Therefore, EPA grants Iowa final
approval for the following program
changes:
Implementing State authority
40 CFR 281.30, New UST Systems and Notification ...............................................
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567
IAC
IAC
IAC
IAC
IAC
IAC
IAC
567
IAC
IAC
567
IAC
IAC
IAC
IAC
80789
Iowa Admin. Code 135.1(3)(a).
135.1(3)(a) and (4).
135.3(1).
135.3(1)(a), (b), (d), (e).
135.3(1)(c)(1) through (4).
135.3(1)(f)(1) and (4).
135.3(3)(d)(1) through (4).
135.3(9).
Iowa Admin. Code 135.4(5)(a)(1) through (6).
135.21(1)(a).
135.21(2)(a).
Iowa Admin. Code 135.1(3)(a).
135.1(3)(a).
135.3(2)(b), (c), (d).
135.21(1)(a).
135.21(2).
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Required Federal element
Implementing State authority
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 281.35, Release Response and Corrective Action Continued . . . ...........
40 CFR 281.36, Out-of-service Systems and Closure .............................................
40 CFR 281.37, Financial Responsibility for USTs Containing Petroleum ..............
40 CFR 281.39, Operator Training ...........................................................................
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40 CFR 281.41, Legal Authorities for Enforcement Response ................................
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
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567 Iowa Admin. Code 135.3(1)(a)(4)(2).
IAC 135.3(1)(b).
IAC 135.3(1)(c)(4).
IAC 135.3(9)(b)(2).
IAC 135.4(1).
IAC 135.4(2)(a) through (d).
IAC 135.4(3).
IAC 135.4(3)(a).
IAC 135.4(4)(a), (b), (c)(1) and (3), (d), (e), (f).
IAC 135.4(4)(h).
IAC 135.4(5)(b)(8) and (11).
IAC 135.4(5)(b).
IAC 135.4(5)(c).
IAC 135.4(12).
IAC 135.4(12)(c).
IAC 135.4(13).
IAC 135.4(13)(e).
IAC 135.5(6).
567 Iowa Admin. Code 135.5(1)(a), through (d).
IAC 135.5(2).
IAC 135.5(4)(a), (b), (c), (d)(1) through (3), (e)(1) through
(7), (f), (g)(1), (g)(2), (h)(1) and (2), (i).
IAC 135.5(3).
IAC 135.5(5)(a), (b), (c), (d).
IAC 135.21(2)(d)(1) and (2).
IAC 135.21(2)(d)(3).
567 Iowa Admin. Code 135.4(1)(b).
IAC 135.6(1).
IAC 135.6(2).
IAC 135.6(3)(a).
IAC 135.6(4)(a) and (b).
567 Iowa Admin. Code 135.7(2).
IAC 135.7(3).
IAC 135.7(5)(a), (b), (c), (d)(1), (2), (4) through (8).
567 Iowa Admin. Code 135.13.
567 Iowa Admin. Code 135.15(1)(a).
IAC 135.15(1)(b)(1), (2), (3), (6).
IAC 135.15(1)(c)(2), (3), (6).
IAC 135.15(1)(d).
IAC 135.15(2)(b) and (c).
IAC 135.15(3)(a) and (f).
IAC 135.15(5).
IAC 135.21(2)(e).
567 Iowa Admin. Code 136.4.
IAC 136.5 through 136.16.
IAC 136.17.
IAC 136.18.
IAC 136.20.
IAC 136.24.
567 Iowa Admin. Code 135.4(6)(a), (g), (h).
IAC 135.4(8)(a)(1), (10), (11), (13), (15), (17), (19).
IAC 135.4(8)(b)(2), (3), (6), (7), (10), (11), (16), (18).
IAC 135.4(8)(c), (c)(6)
135.4(10).
IAC 135.4(11)(a), (a)(1), (b).
Iowa Code 17(A)(19)(10)(f).
IC 455B.474(1)(a)(6)(k).
IC 455B.476.
IC 455B.476(3).
IC 455B.477(1).
IC 455B.477(2).
IC 455B.477(3).
IC 455B.477(6).
IC 455B.474(8)(b).
567 Iowa Admin. Code 135.3(5)(d).
IAC 135.3(8).
Iowa DNR UST Section has broad
statutory authority with respect to USTs
to regulate installation, operation,
maintenance, closure, and UST releases,
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and to the issuance of orders. These
statutory authorities are found in: Code
of Iowa Chapter 455B, Jurisdiction of
the Department of Natural Resources,
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Division IV, Solid Waste Disposal, Part
8—Underground Storage Tanks
(455B.471 et seq.), and 567 Iowa
Administrative Code Chapter 134—
Underground Storage Tank Licensing
and Certification Programs, Chapter
135—Technical Standards and
Corrective Action Requirements for
Owners and Operators of Underground
Storage Tanks, and Chapter 136—
Financial Responsibility for
Underground Storage Tanks.
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
pursuant to 40 CFR 281.12(a)(3)(ii):
Code of Iowa
Code of Iowa 455B.471(1), (2), (3), (4),
(10)
Code of Iowa 455B.472
Code of Iowa 455B.473(4) through (9)
Code of Iowa 455B.473A
Code of Iowa 455B.474
Code of Iowa 455B.474A
Code of Iowa 455B.475
Code of Iowa 455B.476
Code of Iowa 455B.477
Code of Iowa 455B.478
Code of Iowa 455B.479
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567 Iowa Administrative Code
Iowa Administrative Code Chapter 134
Iowa Administrative Code Chapter
135.2 definitions not listed in 40 CFR
280.12
Iowa Administrative Code 135.3(1)(c)(5)
and (e)(1) and (2)
Iowa Administrative Code 135.3(2)(a)
Iowa Administrative Code 135.3(3)(a),
(b), (d)(5) and (6), (g), (j), and (k)
Iowa Administrative Code 135.3(5)
Iowa Administrative Code
135.3(9)(b)(1)(1)
Iowa Administrative Code 135.4(2)(e)
Iowa Administrative Code 135.4(3)(b),
(c)
Iowa Administrative Code 135.4(4)(c)(2)
and (4)
Iowa Administrative Code 135.4(4)(g)
and (i)
Iowa Administrative Code 135.4(5)(a)(7)
and (8)
Iowa Administrative Code 135.4(6)(a)
through (f)
Iowa Administrative Code 135(4)(7)
Iowa Administrative Code 135.4(8)(a),
(a)(4), (5), (7), (8), (9), (14), (16), (18)
Iowa Administrative Code 135.4(8)(b),
(b)(4), (5), (8), (9), (12), (13), (14), (17).
(19)
Iowa Administrative Code
135.4(8)(c)(1), (2), (3), (4), (5)
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Iowa Administrative Code 135.4(9)
Iowa Administrative Code
135.4(11)(a)(2), (c) and (d)
Iowa Administrative Code 135.5(1)(e)
Iowa Administrative Code 135.5(4)(c)
Iowa Administrative Code 135.5(4)(d)(4)
Iowa Administrative Code 135.5(4)(e)(8)
Iowa Administrative Code
135.5(4)(g)(1)(1) through (3)
Iowa Administrative Code
135.5(4)(h)(3)(1) through (3)
Iowa Administrative Code 135.5(4)(h)(4)
through (6)
Iowa Administrative Code 135.5(5)(b),
(d)(1) and (2)
Iowa Administrative Code 135.6(3)(b)
Iowa Administrative Code 135.7(5)
Iowa Administrative Code 135.7(5)
(d)(3), (9), (10), (11)
Iowa Administrative Code 135.7(5) (e),
(f), (g)
Iowa Administrative Code 135.8
Iowa Administrative Code 135.9
Iowa Administrative Code 135.10
Iowa Administrative Code 135.11
Iowa Administrative Code 135.12
Iowa Administrative Code 135.14
Iowa Administrative Code
135.15(1)(b)(4) and (5)
Iowa Administrative Code
135.15(1)(c)(1), (4), and (5)
Iowa Administrative Code 135.15(1)(e)
and (f)
Iowa Administrative Code 135.15(2),
(2)(a) and (d)
Iowa Administrative Code 135.15(3)(a)
through (e)
Iowa Administrative Code 135.15(4)
Iowa Administrative Code 135.15(7)
Iowa Administrative Code 135.16
Iowa Administrative Code 135.17
Iowa Administrative Code 135.18
Iowa Administrative Code 135.19
Iowa Administrative Code 135.20
Iowa Administrative Code Chapter 135
Appendices A, B, C, and D
More Stringent Provisions (Give
examples):
The following regulatory
requirements are considered more
stringent than the Federal program, and
on approval, they become part of the
federally approved program and are
federally enforceable pursuant to 40
CFR 281.12(a)(3)(i):
Iowa required the notification for
USTs taken out of operation from
January 1, 1974, to July 1, 1985, USTs
that existed and still in operation on or
before July 1, 1985, and those brought
into service after July 1, 1985, making
them more stringent: Iowa Code
455B.473(1), (2), (3).
Iowa specifically excludes residential
septic tanks as being underground
storage tanks making them more
stringent: Code of Iowa
455B.471(11)(b)(1)(c).
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Iowa specifically excluded piping
associated with tanks used for storing
heating oil for consumptive use on the
premises where stored as being
underground storage tanks making them
more stringent: Code of Iowa
455B.471(11)(b)(2).
Farm and residential tanks installed
in Iowa after July 1, 1987, are subject to
the requirements of 567 Iowa Admin.
Code Chapters 135 and 136 making
them more stringent: IAC 135.2 and
136.1(4).
Iowa specifies when under dispenser
containment must be installed
depending on what dispensing
equipment is installed or replaced, what
connections are made to the dispensers,
and whether or not replaced or new
piping is within 10 feet given dispensers
making them more stringent: IAC
135.3(1)(f)(2) and (3).
Iowa requires that owners must have
tank tags affixed to the fill pipe in order
to receive deliveries of product into the
USTs they own making them more
stringent: IAC 135.3(3)(c).
Iowa requires that a person installing
an underground storage tank and the
owner or operator of the underground
storage tank must notify the department
of their intent to install the tank 30 days
prior to installation making them more
stringent: IAC 135.3(3)(h).
Iowa specifies the codes of practice to
be discussed during UST Operator
training making them more stringent:
IAC 135.4(6)(a)(2), (3); IAC
135.4(8)(a)(2); IAC 135.4(8)(b)(1).
Iowa requires that C UST Operator be
retrained in 15 days making them more
stringent: IAC 135.4(6)(i).
Iowa specifies what financial
responsibility topics must be covered
during Class A UST Operator Training
making them more stringent: IAC
135.4(8)(a)(12).
Iowa specifies the types of methods
used for monitoring containment
spaces, how often the monitoring is
done, and containment should be kept
free of liquid or debris that would affect
the monitoring making them more
stringent: 135.5(5)(d).
Iowa requires a 60-day timeframe for
implementing and installing free
product recovery system approved by
the department making them more
stringent: IAC 135.7(5)(e).
Iowa sets requirements for returning a
UST to service after an extended period
of temporary closure making them more
stringent: IAC 135.15(1)(f).
Iowa requires department approval for
removals undertaken with less than 30
days of notice making them more
stringent: IAC 135.15(2)(a).
Iowa requires that department
receives notice of bankruptcy within 10
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days making them more stringent: IAC
136.23(3).
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 statutes
and regulations that the EPA will
enforce under sections 9005 and 9006 of
RCRA and any other applicable State
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
Iowa’s UST program?
EPA incorporated by reference the
Iowa DNR approved UST program
effective May 8, 1995 (60 FR 12631,
March 7, 1995). In this document, EPA
is revising 40 CFR 282.65 to include the
approved revisions.
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C. What codification decisions have we
made in this rule?
Incorporation by reference: In this
rule, we are finalizing regulatory text
that includes incorporation by
reference. In accordance with the
requirements of 1 CFR 51.5, we are
finalizing the incorporation by reference
of the federally approved Iowa UST
program 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 or by
contacting the EPA Region 5 contact
listed in the ADDRESSES section of this
preamble.
The purpose of this Federal Register
document is to codify Iowa’s approved
UST program. The codification reflects
the State program that would be in
effect at the time EPA’s approved
revisions to the Iowa UST program
addressed in this direct final rule
become final. The document
incorporates by reference Iowa’s UST
statutes and regulations and clarifies
which of these provisions are included
in the approved and federally
enforceable program. By codifying the
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approved Iowa program and by
amending the CFR, the public will more
easily be able to discern the status of the
federally-approved requirements of the
Iowa program.
EPA is incorporating by reference the
Iowa approved UST program in 40 CFR
282.65. Section 282.65(d)(1)(i)
incorporates by reference for
enforcement purposes the State’s
statutes and regulations.
Section 282.65 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. These documents are not
incorporated by reference.
D. What is the effect of Iowa’s
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
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 Iowa procedural
and enforcement authorities. Section
282.65(d)(1)(ii) of 40 CFR lists those
approved Iowa 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. Section 281.12(a)(3)(ii) of 40 CFR
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 Federal enforcement in part 282.
Section 282.65(d)(1)(iii) lists for
reference and clarity the Iowa 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 in this document. Provisions
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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 Iowa’s
UST Program requirements pursuant to
RCRA section 9004 and imposes no
requirements other than those imposed
by State law. It complies with
applicable Executive Orders (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.
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.
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Federal Register / Vol. 89, No. 193 / Friday, October 4, 2024 / Rules and Regulations
E. Executive Order 13175: Consultation
and Coordination With Indian Tribal
Governments
This action approves and codifies preexisting requirements under State law
and does not impose any additional
enforceable duty beyond that required
by State law, it does not contain any
unfunded mandate or significantly or
uniquely affect small governments, as
described in the Unfunded Mandates
Reform Act of 1995 (2 U.S.C. 1531–
1538). For the same reason, this action
also does not significantly or uniquely
affect the communities of Tribal
governments, as specified by Executive
Order 13175 (65 FR 67249, November 9,
2000).
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.
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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
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17:03 Oct 03, 2024
Jkt 265001
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
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 December 3, 2024
because it is a direct final rule.
Authority: This rule is issued under the
authority of sections 2002(a), 7004(b), and
9004 of the Solid Waste Disposal Act, as
amended, 42 U.S.C. 6912, 6991c, 6991d, and
6991e.
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, Oil pollution, Penalties,
Petroleum, Reporting and recordkeeping
requirements, Surety bonds, Water
pollution control, Water supply.
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80793
Dated: September 18, 2024.
Cecilia Tapia,
Acting Deputy Regional Administrator, EPA
Region 7.
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 § 282.65 to read as follows:
§ 282.65 Iowa State-Administered
Program.
(a) History of the approval of Iowa’s
program. The State of Iowa 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
Iowa Department of Natural Resources,
was approved by EPA pursuant to 42
U.S.C. 6991c and part 281 of this
Chapter. EPA approved the Iowa
program on March 7, 1995, and it was
effective on May 8, 1995. A subsequent
program revision application was
approved by EPA and became effective
on December 3, 2024.
(b) Enforcement authority. Iowa 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) Retaining program approval. To
retain program approval, Iowa 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 Iowa 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 notice of any change
will be published in the Federal
Register.
(d) Final program approval. Iowa has
final approval for the following
elements of its program application
originally submitted to EPA and
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80794
Federal Register / Vol. 89, No. 193 / Friday, October 4, 2024 / Rules and Regulations
approved on March 7, 1995, and
effective May 8, 1995, and the program
revision application approved by EPA,
effective on December 3, 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 Iowa
regulations and statutes that are
incorporated by reference in this
paragraph from the Iowa Department of
Natural Resources website at: https://
www.iowadnr.gov/EnvironmentalProtection/Land-Quality/UndergroundStorage-Tanks/UST-LUST-Regulations
for 567 Iowa Administrative Code
regulations and https://
www.legis.iowa.gov/law/administrative
Rules/agencies for Code of Iowa statutes
or the Iowa Department of Natural
Resources, UST Section, 6200 Park
Avenue, Suite 200, Des Moines, IA
50321.
(A) EPA-Approved Iowa Regulatory
Requirements Applicable to the
Underground Storage Tank Program,
August 2023.
(B) EPA-Approved Iowa Statutory
Requirements Applicable to the
Underground Storage Tank Program,
December 22, 2023.
(ii) Legal basis. EPA evaluated the
following statutes and regulations,
which provide the legal basis for the
State’s implementation of the
underground storage tank program, but
they are not being incorporated by
reference for enforcement purposes and
do not replace Federal authorities.
Iowa’s no less stringent, underground
storage tank program compliance
criteria is included in their regulations.
Iowa includes brief statements in their
statutes establishing the authority of the
Iowa Department of Natural Resources
to create and implement the
underground storage tank program.
None of these statutes are incorporated
by reference.
(A) Code of Iowa
455B.17(A)(19)(10)(f).
(B) Code of Iowa 455B.472, 473A, 474,
474A, 475, 476, 477, 478, 479.
(iii) Provisions not incorporated by
reference. The following statutory and
regulatory provisions are broader in
scope than the Federal program, are not
part of the approved program, and are
not incorporated by reference in this
section for enforcement purposes:
(A) Code of Iowa Chapter 455B,
Jurisdiction of the Department of
Natural Resources, Division IV, Solid
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17:03 Oct 03, 2024
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Waste Disposal, Part 8—Underground
Storage Tanks Sections: 455B.471(1),
(2), (3), (4), (10); 455B.473(4) through
(9).
(B) 567 Iowa Administrative Code
Chapter 134—Underground Storage
Tank Licensing and Certification
Programs—entire Chapter.
(C) 567 Iowa Administrative Code
Chapter 135—Technical Standards and
Corrective Action Requirements for
Owners and Operators of Underground
Storage Tanks: 135.2 definitions not
listed in 40 CFR 280.12; 135.3(1)(c)(5)
and (e)(1) and (2); 135.3(2)(a);
135.3(3)(a), (b), (d)(5) and (6), (g), (j),
and (k); 135.3(5); 135.3(9)(b)(1)(1);
135.4(2)(e); 135.4(3)(b), (c);
135.4(4)(c)(2) and (4); 135.4(4)(g) and (i);
135.4(5)(a)(7) and (8); 135.4(6)(a)
through (f); 135.(4)(7); 135.4(8)(a), (a)(4),
(5), (7), (8), (9), (14), (16), (18);
135.4(8)(b), (b)(4), (5), (8), (9), (12), (13),
(14), (17). (19); 135.4(8)(c)(1), (2), (3),
(4), (5); 135.4(9); 135.4(11)(a)(2), (c) and
(d); 135.5(1)(e); 135.5(4)(c);
135.5(4)(d)(4); 135.5(4)(e)(8);
135.5(4)(g)(1)(1) through (3);
135.5(4)(h)(3)(1) through (3);
135.5(4)(h)(4) through (6); 135.5(5)(b),
(d)(1) and (2); 135.6(3)(b); 135.7(5);
135.7(5) (d)(3), (9), (10), (11); 135.7(5)
(e), (f), (g); 135.8; 135.9; 135.10; 135.11;
135.12; 135.14; 135.15(1)(b)(4) and (5);
135.15(1)(c)(1), (4), and (5); 135.15(1)(e)
and (f); 135.15(2), (2)(a) and (d);
135.15(3)(a) through (e); 135.15(4);
135.15(7); 135.16; 135.17; 135.18;
135.19; 135.20; Chapter 135 Appendices
A, B, C, and D.
(2) Statement of legal authority. The
‘‘Attorney General’s Statement Letter’’,
signed by the Iowa Attorney General on
December 22, 1993, and May 9, 2023,
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 Adequate
Enforcement Procedures’’ submitted as
part of the original application on
March 17, 1994, and as part of the
program revision application on June
22, 2023, 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 March 17, 1994, and as
part of the program revision application
on June 22, 2023, though not
incorporated by reference, are
referenced as part of the approved
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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 7 and the Iowa Department
of Natural Resources, signed by the EPA
Regional Administrator on April 4,
2019, though not incorporated by
reference, is referenced as part of the
approved underground storage tank
program under Subtitle I of RCRA, 42
U.S.C. 6991 et seq.
■ 3. Appendix A to part 282 is amended
by revising the entry for ‘‘Iowa’’ to read
as follows:
Appendix A to Part 282—State
Requirements Incorporated by
Reference in Part 282 of the Code of
Federal Regulations
*
*
*
*
*
Iowa
(a) The statutory provisions include Code
of Iowa Chapter 455B, Jurisdiction of the
Department of Natural Resources, Division
IV, Solid Waste Disposal, Part 8—
Underground Storage Tanks (455B.471 et
seq.):
455B.471(5), (6), (7), (8), (9), (11)(a) and 11(b)
except for as indicated: 471(11)(b)(1)(c)—
Iowa specifically excludes residential
septic tanks as being underground storage
tanks making them more stringent; and
455B.471(11)(b)(2)—Iowa specifically
excluded piping associated with tanks
used for storing heating oil for
consumptive use on the premises where
stored as being underground storage tanks
making them more stringent.
Iowa Code 455B.473 except for 455B.473(1),
(2), (3) Iowa required the notification for
USTs taken out of operation from January
1, 1974, to July 1, 1985, USTs that existed
and still in operation on or before July 1,
1985, and those brought into service after
July 1, 1985, making them more stringent.
(b) The regulatory provisions include 567
Iowa Administrative Chapter 135—Technical
Standards and Corrective Action
Requirements for Owners and Operators of
Underground Storage Tanks and Chapter
136—Financial Responsibility for
Underground Storage Tanks:
567 Iowa Administrative Code Chapter
135—Technical Standards and Corrective
Action Requirements for Owners and
Operators of Underground Storage Tanks
Iowa Administrative Code 135.2 except for
the farm and residential tanks of 1100 gallons
or less capacity used for storing motor fuel
for noncommercial purposes component of
the definition of underground storages tanks
that requires that such tanks installed in Iowa
after July 1, 1987, to be subject to the
requirements of 567 Iowa Administrative
Code Chapter 135 making them more
stringent. All other definitions corresponding
to those listed in 40 CFR 280.12 are
incorporated by reference.
Iowa Administrative Code 135.1(3)(a),
135.1(3)(a)(4).
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Federal Register / Vol. 89, No. 193 / Friday, October 4, 2024 / Rules and Regulations
Iowa Administrative Code 135.3(1),
135.3(1)(a), 135.3(1)(a)(4)(2), 135.3(1)(b),
135.3(1)(c)(1) through (4), 135.3(1)(d),
135.3(1)(e), 135.3(1)(f)(1) and (4), except for
IAC 135.3(1)(f)(2) and (3) language that
specifies when under dispenser containment
must be installed depending on what
dispensing equipment is installed or
replaced, what connections are made to the
dispensers, and whether or not replaced or
new piping is within 10 feet given dispensers
making them more stringent.
Iowa Administrative Code 135.3(2)(b),
135.3(2)(c), 135.3(2)(d), except for IAC
135.3(3)(c) language Iowa requiring that
owners must have tank tags affixed to the fill
pipe in order to receive deliveries of product
into the USTs they own making them more
stringent.
Iowa Administrative Code 135.3(3)(d)(1)
through (4) except for IAC 135.3(3)(h)
language requiring that a person installing an
underground storage tank and the owner or
operator of the underground storage tank
must notify the department of their intent to
install the tank 30 days prior to installation
making them more stringent.
Iowa Administrative Code 135.3(9),
135.3(9)(b)(2).
Iowa Administrative Code 135.4 except for
135.4(6)(a)(2), (3); IAC 135.4(8)(a)(2); IAC
135.4(8)(b)(1) language that specifies the
codes of practice to be discussed during UST
Operator training making them more
stringent.
Iowa Administrative Code 135.4(1),
135.4(1)(b), 135.4(2)(a) through (d), 135.4(3),
135.4(3)(a), 135.4(4)(a), 135.4(4)(b),
135.4(4)(c)(1) and (3), 135.4(4)(d), 135.4(4)(e),
135.4(4)(f), 135.4(4)(h), 135.4(5)(a)(1) through
(6), 135.4(5)(b), 135.4(5)(b)(8) and (11),
135.4(5)(c) except for IAC 135.4(6)(i)
language requiring that C UST Operator be
retrained in 15 days making them more
stringent and except for IAC 135.4(8)(a)(12)
language Iowa specifying what financial
responsibility topics must be covered during
Class A UST Operator Training making them
more stringent.
Iowa Administrative Code 135.4(12),
135.4(12)(c), 135.4(13), 135.4(13)(e).
Iowa Administrative Code 135.5(1)(a)
through (d), 135.5(2), 135.5(3), 135.5(4)(a),
135.5(4)(b), 135.5(4)(c), 135.5(4)(d)(1)
through (3), 135.5(4)(e)(1) through (7),
135.5(4)(f), 135.5(4)(g)(1), 135.5(4)(g)(2),
135.5(4)(h)(1) and (2), 135.5(4)(i), 135.5(5)(a),
135.5(5)(b), 135.5(5)(c), 135.5(5)(d), 135.5(6)
except for IAC 135.5(5)(d) language
specifying the types of methods used for
monitoring containment spaces, how often
the monitoring is done, and containment
should be kept free of liquid or debris that
would affect the monitoring making them
more stringent.
Iowa Administrative Code 135.6(1),
135.6(2), 135.6(3)(a), 135.6(4)(a) and (b).
Iowa Administrative Code 135.7(2),
135.7(3), 135.7(5)(a), 135.7(5)(b), (c),
135.7(5)(d)(1), 135.7(5)(d)(2), 135.7(5)(d)(4)
through (8) except for IAC 135.7(5)(e)
language requiring a 60-day timeframe for
implementing and installing free product
recovery system approved by the department
making them more stringent:
Iowa Administrative Code 135.13.
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Jkt 265001
Iowa Administrative Code 135.15(1)(a),
135.15(1)(b)(1), 135.15(1)(b)(2),
135.15(1)(b)(3), 135.15(1)(b)(6),
135.15(1)(c)(2), 135.15(1)(c)(3),
135.15(1)(c)(6), 135.15(1)(d) except for IAC
135.15(1)(f) language setting requirements for
returning a UST to service after an extended
period of temporary closure making them
more stringent.
Iowa Administrative Code 135.15(2)(b) and
(c), 135.15(3)(a) and (f), 135.15(5) except for
IAC 135.15(2)(a) language requiring
department approval for removals
undertaken with less than 30 days of notice
making them more stringent.
567 Iowa Administrative Code Chapter
136—Financial Responsibility for
Underground Storage Tanks
Iowa Administrative Code 136.1 except for
136.1(4) requiring that farm and residential
tanks of 1,100 gallons or less capacity used
for storing motor fuel for noncommercial
purposes installed in Iowa after July 1, 1987,
be made subject to the requirements of 567
Iowa Administrative Code Chapter 136
making them more stringent.
Iowa Administrative Code 136.3
Iowa Administrative Code 136.4
Iowa Administrative Code 136.5
Iowa Administrative Code 136.6
Iowa Administrative Code 136.7
Iowa Administrative Code 136.8
Iowa Administrative Code 136.9
Iowa Administrative Code 136.10
Iowa Administrative Code 136.11
Iowa Administrative Code 136.12
Iowa Administrative Code 136.13
Iowa Administrative Code 136.14
Iowa Administrative Code 136.15
Iowa Administrative Code 136.16
Iowa Administrative Code 136.17
Iowa Administrative Code 136.18
Iowa Administrative Code 136.19
Iowa Administrative Code 136.20
Iowa Administrative Code 136.21
Iowa Administrative Code 136.22
Iowa Administrative Code 136.23 except
for IAC 136.23(3) language requiring that
department receives notice of bankruptcy
within 10 days making them more stringent.
Iowa Administrative Code 136.24
*
*
*
*
*
[FR Doc. 2024–22912 Filed 10–3–24; 8:45 am]
BILLING CODE 6560–50–P
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
50 CFR Part 648
[Docket No. 231215–0305; RTID 0648–
XE352]
Fisheries of the Northeastern United
States; Summer Flounder Fishery;
Quota Transfer From North Carolina to
Rhode Island
National Marine Fisheries
Service (NMFS), National Oceanic and
AGENCY:
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80795
Atmospheric Administration (NOAA),
Commerce.
ACTION: Temporary rule; quota transfer.
NMFS announces that the
State of North Carolina is transferring a
portion of its 2024 commercial summer
flounder quota to the State of Rhode
Island. This adjustment to the 2024
fishing year quota is necessary to
comply with the Summer Flounder,
Scup, and Black Sea Bass Fishery
Management Plan (FMP) quota transfer
provisions. This announcement informs
the public of the revised 2024
commercial quotas for North Carolina
and Rhode Island.
DATES: Effective October 3, 2024
through December 31, 2024.
FOR FURTHER INFORMATION CONTACT:
Matthew Rigdon, Fishery Management
Specialist, (978) 281–9336.
SUPPLEMENTARY INFORMATION:
Regulations governing the summer
flounder fishery are found in 50 CFR
648.100 through 648.111. These
regulations require annual specification
of a commercial quota that is
apportioned among the coastal states
from Maine through North Carolina. The
process to set the annual commercial
quota and the percent allocated to each
state is described in § 648.102, and the
final 2024 allocations were published
on December 21, 2023 (88 FR 88266).
The final rule implementing
Amendment 5 to the FMP, as published
in the Federal Register on December 17,
1993 (58 FR 65936), provided a
mechanism for transferring summer
flounder commercial quota from one
state to another. Two or more states,
under mutual agreement and with the
concurrence of the NMFS Greater
Atlantic Regional Administrator, can
transfer or combine summer flounder
commercial quota under § 648.102(c)(2).
The Regional Administrator is required
to consider three criteria in the
evaluation of requests for quota transfers
or combinations: (1) the transfers or
combinations would not preclude the
overall annual quota from being fully
harvested; (2) the transfers address an
unforeseen variation or contingency in
the fishery; and (3) the transfers are
consistent with the objectives of the
FMP and the Magnuson-Stevens Fishery
Conservation and Management Act
(Magnuson-Stevens Act). The Regional
Administrator has determined these
three criteria have been met for the
transfer approved in this notification.
North Carolina is transferring 1,835
pounds (lb; 832 kilograms (kg)) to Rhode
Island through a mutual agreement
between the states. This transfer was
requested to repay landings made by an
SUMMARY:
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]]>Agencies
[Federal Register Volume 89, Number 193 (Friday, October 4, 2024)]
[Rules and Regulations]
[Pages 80788-80795]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-22912]
-----------------------------------------------------------------------
ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 282
[EPA-R07-UST-2023-0534; FRL-11633-02-R7]
Iowa: 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 Iowa's Underground
Storage Tank (UST) program submitted by the Department of Natural
Resources (DNR). This action also codifies EPA's approval of Iowa's
State program and incorporates by reference those provisions of the
State regulations that we have determined meet the requirements for
approval. The provisions will be subject to EPA's inspection and
enforcement authorities under RCRA Subtitle I and other applicable
statutory and regulatory provisions.
DATES: This rule is effective December 3, 2024, unless EPA receives
adverse comment by November 4, 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 certain publications listed in the regulations is approved
by the Director of the Federal Register, as of December 3, 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 on-line instructions for submitting comments.
2. Email: [email protected].
Instructions: Direct your comments to Docket ID No. EPA-R07-UST-
2023-0534. EPA's policy is that all comments received will be included
in the public docket without change and may be available online at
https://www.regulations.gov, including any personal information
provided, unless the comment includes information claimed to be
Confidential Business Information (CBI) or other information whose
disclosure is restricted by statute. Do not submit information that you
consider to be CBI or otherwise protected through https://www.regulations.gov, or email. The Federal https://www.regulations.gov
website is an ``anonymous access'' system, which means the EPA will not
know your identity or contact information unless you provide it in the
body of your comment. If you send an email comment directly to the EPA
without going through https://www.regulations.gov, your email address
will be automatically captured and included as part of the comment that
is placed in the public docket and made available on the internet. If
you submit an electronic comment, EPA recommends that you include your
name and other contact information in the body of your comment and also
with any disk or CD-ROM you submit. 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 document 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. Publicly
available docket materials are available electronically through
www.regulations.gov.
IBR and supporting material: You can view and copy the documents
that form the basis for this codification and associated publicly
available materials either through www.regulations.gov or by contacting
Angela Sena, Tanks, Toxics & Pesticides Branch, Land Chemical, and
Redevelopment Division, U.S. Environmental Protection Agency, Region 7,
11201 Renner Boulevard, Lenexa, Kansas 66219; (913) 551-7989;
[email protected]. Please call or email the contact listed above if
you need access to material indexed but not provided in the docket.
FOR FURTHER INFORMATION CONTACT: Michael L Pomes, Remediation Branch,
Land, Chemical, and Redevelopment Division, U.S. Environmental
Protection Agency, Region 5, 77 W Jackson Boulevard, Chicago, Illinois
60604; (312) 886-2406; [email protected].
SUPPLEMENTARY INFORMATION:
I. Approval of Revisions to Iowa's Underground Storage Tank Program
A. Why are revisions to State programs necessary?
States that have received final approval from the EPA under section
9004(b) of RCRA, 42 U.S.C. 6991c(b), must maintain 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 June 22, 2023, in accordance with 40 CFR 281.51(a), Iowa
submitted a complete program revision application seeking the EPA
approval for its UST program revisions (State Application). Iowa's
revisions correspond to the EPA
[[Page 80789]]
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 Iowa's 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 Iowa
program provides for adequate enforcement of compliance (40 CFR
281.11(b)). Therefore, the EPA grants Iowa 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 this rule
are already effective in Iowa and they are not changed by this action.
This action merely approves the existing State regulations as meeting
the Federal requirements and renders them federally enforceable.
D. Why is EPA using a direct final rule?
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 rule, the EPA is publishing a separate
document in the ``Proposed Rules'' section of this issue of the Federal
Register that serves as the proposal to approve the State's UST program
revisions, 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 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 Iowa previously been approved?
On March 7, 1995, the EPA finalized a rule approving the UST
program, effective May 8 1995, to operate in lieu of the Federal
program. On March 7, 1995, effective May 8, 1995, the EPA codified the
approved Iowa program, incorporating by reference the State statutes
and regulatory 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.
G. What changes are we approving with this action?
On June 22, 2023, in accordance with 40 CFR 281.51(a), Iowa
submitted a complete application for final approval of its UST program
revisions adopted on June 23, 2021. The EPA now makes an immediate
final decision, subject to receipt of written comments that oppose this
action, that Iowa's UST program revisions satisfy all of the
requirements necessary to qualify for final approval. Therefore, EPA
grants Iowa 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 567 Iowa Admin. Code
Notification. 135.1(3)(a).
IAC 135.1(3)(a) and (4).
IAC 135.3(1).
IAC 135.3(1)(a), (b), (d),
(e).
IAC 135.3(1)(c)(1) through
(4).
IAC 135.3(1)(f)(1) and (4).
IAC 135.3(3)(d)(1) through
(4).
IAC 135.3(9).
40 CFR 281.30, New UST Systems and 567 Iowa Admin. Code
Notification continued . . .. 135.4(5)(a)(1) through (6).
IAC 135.21(1)(a).
IAC 135.21(2)(a).
40 CFR 281.31, Upgrading Existing UST 567 Iowa Admin. Code
Systems. 135.1(3)(a).
IAC 135.1(3)(a).
IAC 135.3(2)(b), (c), (d).
IAC 135.21(1)(a).
IAC 135.21(2).
[[Page 80790]]
40 CFR 281.32, General Operating 567 Iowa Admin. Code
Requirements. 135.3(1)(a)(4)(2).
IAC 135.3(1)(b).
IAC 135.3(1)(c)(4).
IAC 135.3(9)(b)(2).
IAC 135.4(1).
IAC 135.4(2)(a) through (d).
IAC 135.4(3).
IAC 135.4(3)(a).
IAC 135.4(4)(a), (b), (c)(1)
and (3), (d), (e), (f).
IAC 135.4(4)(h).
IAC 135.4(5)(b)(8) and (11).
IAC 135.4(5)(b).
IAC 135.4(5)(c).
IAC 135.4(12).
IAC 135.4(12)(c).
IAC 135.4(13).
IAC 135.4(13)(e).
IAC 135.5(6).
40 CFR 281.33, Release Detection.......... 567 Iowa Admin. Code
135.5(1)(a), through (d).
IAC 135.5(2).
IAC 135.5(4)(a), (b), (c),
(d)(1) through (3), (e)(1)
through (7), (f), (g)(1),
(g)(2), (h)(1) and (2),
(i).
IAC 135.5(3).
IAC 135.5(5)(a), (b), (c),
(d).
IAC 135.21(2)(d)(1) and (2).
IAC 135.21(2)(d)(3).
40 CFR 281.34, Release Reporting, 567 Iowa Admin. Code
Investigation, and Confirmation. 135.4(1)(b).
IAC 135.6(1).
IAC 135.6(2).
IAC 135.6(3)(a).
IAC 135.6(4)(a) and (b).
40 CFR 281.35, Release Response and 567 Iowa Admin. Code
Corrective Action. 135.7(2).
IAC 135.7(3).
IAC 135.7(5)(a), (b), (c),
(d)(1), (2), (4) through
(8).
40 CFR 281.35, Release Response and 567 Iowa Admin. Code 135.13.
Corrective Action Continued . . ..
40 CFR 281.36, Out-of-service Systems and 567 Iowa Admin. Code
Closure. 135.15(1)(a).
IAC 135.15(1)(b)(1), (2),
(3), (6).
IAC 135.15(1)(c)(2), (3),
(6).
IAC 135.15(1)(d).
IAC 135.15(2)(b) and (c).
IAC 135.15(3)(a) and (f).
IAC 135.15(5).
IAC 135.21(2)(e).
40 CFR 281.37, Financial Responsibility 567 Iowa Admin. Code 136.4.
for USTs Containing Petroleum. IAC 136.5 through 136.16.
IAC 136.17.
IAC 136.18.
IAC 136.20.
IAC 136.24.
40 CFR 281.39, Operator Training.......... 567 Iowa Admin. Code
135.4(6)(a), (g), (h).
IAC 135.4(8)(a)(1), (10),
(11), (13), (15), (17),
(19).
IAC 135.4(8)(b)(2), (3),
(6), (7), (10), (11), (16),
(18).
IAC 135.4(8)(c), (c)(6)
135.4(10).
IAC 135.4(11)(a), (a)(1),
(b).
40 CFR 281.41, Legal Authorities for Iowa Code 17(A)(19)(10)(f).
Enforcement Response. IC 455B.474(1)(a)(6)(k).
IC 455B.476.
IC 455B.476(3).
IC 455B.477(1).
IC 455B.477(2).
IC 455B.477(3).
IC 455B.477(6).
IC 455B.474(8)(b).
567 Iowa Admin. Code
135.3(5)(d).
IAC 135.3(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 Iowa DNR UST Section 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: Code of Iowa Chapter 455B,
Jurisdiction of the Department of Natural Resources,
[[Page 80791]]
Division IV, Solid Waste Disposal, Part 8--Underground Storage Tanks
(455B.471 et seq.), and 567 Iowa Administrative Code Chapter 134--
Underground Storage Tank Licensing and Certification Programs, Chapter
135--Technical Standards and Corrective Action Requirements for Owners
and Operators of Underground Storage Tanks, and Chapter 136--Financial
Responsibility for Underground Storage Tanks.
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 pursuant to 40 CFR
281.12(a)(3)(ii):
Code of Iowa
Code of Iowa 455B.471(1), (2), (3), (4), (10)
Code of Iowa 455B.472
Code of Iowa 455B.473(4) through (9)
Code of Iowa 455B.473A
Code of Iowa 455B.474
Code of Iowa 455B.474A
Code of Iowa 455B.475
Code of Iowa 455B.476
Code of Iowa 455B.477
Code of Iowa 455B.478
Code of Iowa 455B.479
567 Iowa Administrative Code
Iowa Administrative Code Chapter 134
Iowa Administrative Code Chapter 135.2 definitions not listed in 40 CFR
280.12
Iowa Administrative Code 135.3(1)(c)(5) and (e)(1) and (2)
Iowa Administrative Code 135.3(2)(a)
Iowa Administrative Code 135.3(3)(a), (b), (d)(5) and (6), (g), (j),
and (k)
Iowa Administrative Code 135.3(5)
Iowa Administrative Code 135.3(9)(b)(1)(1)
Iowa Administrative Code 135.4(2)(e)
Iowa Administrative Code 135.4(3)(b), (c)
Iowa Administrative Code 135.4(4)(c)(2) and (4)
Iowa Administrative Code 135.4(4)(g) and (i)
Iowa Administrative Code 135.4(5)(a)(7) and (8)
Iowa Administrative Code 135.4(6)(a) through (f)
Iowa Administrative Code 135(4)(7)
Iowa Administrative Code 135.4(8)(a), (a)(4), (5), (7), (8), (9), (14),
(16), (18)
Iowa Administrative Code 135.4(8)(b), (b)(4), (5), (8), (9), (12),
(13), (14), (17). (19)
Iowa Administrative Code 135.4(8)(c)(1), (2), (3), (4), (5)
Iowa Administrative Code 135.4(9)
Iowa Administrative Code 135.4(11)(a)(2), (c) and (d)
Iowa Administrative Code 135.5(1)(e)
Iowa Administrative Code 135.5(4)(c)
Iowa Administrative Code 135.5(4)(d)(4)
Iowa Administrative Code 135.5(4)(e)(8)
Iowa Administrative Code 135.5(4)(g)(1)(1) through (3)
Iowa Administrative Code 135.5(4)(h)(3)(1) through (3)
Iowa Administrative Code 135.5(4)(h)(4) through (6)
Iowa Administrative Code 135.5(5)(b), (d)(1) and (2)
Iowa Administrative Code 135.6(3)(b)
Iowa Administrative Code 135.7(5)
Iowa Administrative Code 135.7(5) (d)(3), (9), (10), (11)
Iowa Administrative Code 135.7(5) (e), (f), (g)
Iowa Administrative Code 135.8
Iowa Administrative Code 135.9
Iowa Administrative Code 135.10
Iowa Administrative Code 135.11
Iowa Administrative Code 135.12
Iowa Administrative Code 135.14
Iowa Administrative Code 135.15(1)(b)(4) and (5)
Iowa Administrative Code 135.15(1)(c)(1), (4), and (5)
Iowa Administrative Code 135.15(1)(e) and (f)
Iowa Administrative Code 135.15(2), (2)(a) and (d)
Iowa Administrative Code 135.15(3)(a) through (e)
Iowa Administrative Code 135.15(4)
Iowa Administrative Code 135.15(7)
Iowa Administrative Code 135.16
Iowa Administrative Code 135.17
Iowa Administrative Code 135.18
Iowa Administrative Code 135.19
Iowa Administrative Code 135.20
Iowa Administrative Code Chapter 135 Appendices A, B, C, and D
More Stringent Provisions (Give examples):
The following regulatory requirements are considered more stringent
than the Federal program, and on approval, they become part of the
federally approved program and are federally enforceable pursuant to 40
CFR 281.12(a)(3)(i):
Iowa required the notification for USTs taken out of operation from
January 1, 1974, to July 1, 1985, USTs that existed and still in
operation on or before July 1, 1985, and those brought into service
after July 1, 1985, making them more stringent: Iowa Code 455B.473(1),
(2), (3).
Iowa specifically excludes residential septic tanks as being
underground storage tanks making them more stringent: Code of Iowa
455B.471(11)(b)(1)(c).
Iowa specifically excluded piping associated with tanks used for
storing heating oil for consumptive use on the premises where stored as
being underground storage tanks making them more stringent: Code of
Iowa 455B.471(11)(b)(2).
Farm and residential tanks installed in Iowa after July 1, 1987,
are subject to the requirements of 567 Iowa Admin. Code Chapters 135
and 136 making them more stringent: IAC 135.2 and 136.1(4).
Iowa specifies when under dispenser containment must be installed
depending on what dispensing equipment is installed or replaced, what
connections are made to the dispensers, and whether or not replaced or
new piping is within 10 feet given dispensers making them more
stringent: IAC 135.3(1)(f)(2) and (3).
Iowa requires that owners must have tank tags affixed to the fill
pipe in order to receive deliveries of product into the USTs they own
making them more stringent: IAC 135.3(3)(c).
Iowa requires that a person installing an underground storage tank
and the owner or operator of the underground storage tank must notify
the department of their intent to install the tank 30 days prior to
installation making them more stringent: IAC 135.3(3)(h).
Iowa specifies the codes of practice to be discussed during UST
Operator training making them more stringent: IAC 135.4(6)(a)(2), (3);
IAC 135.4(8)(a)(2); IAC 135.4(8)(b)(1).
Iowa requires that C UST Operator be retrained in 15 days making
them more stringent: IAC 135.4(6)(i).
Iowa specifies what financial responsibility topics must be covered
during Class A UST Operator Training making them more stringent: IAC
135.4(8)(a)(12).
Iowa specifies the types of methods used for monitoring containment
spaces, how often the monitoring is done, and containment should be
kept free of liquid or debris that would affect the monitoring making
them more stringent: 135.5(5)(d).
Iowa requires a 60-day timeframe for implementing and installing
free product recovery system approved by the department making them
more stringent: IAC 135.7(5)(e).
Iowa sets requirements for returning a UST to service after an
extended period of temporary closure making them more stringent: IAC
135.15(1)(f).
Iowa requires department approval for removals undertaken with less
than 30 days of notice making them more stringent: IAC 135.15(2)(a).
Iowa requires that department receives notice of bankruptcy within
10
[[Page 80792]]
days making them more stringent: IAC 136.23(3).
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 statutes and regulations that the EPA
will enforce under sections 9005 and 9006 of RCRA and any other
applicable State 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 Iowa's UST program?
EPA incorporated by reference the Iowa DNR approved UST program
effective May 8, 1995 (60 FR 12631, March 7, 1995). In this document,
EPA is revising 40 CFR 282.65 to include the approved revisions.
C. What codification decisions have we made in this rule?
Incorporation by reference: In this rule, we are finalizing
regulatory text that includes incorporation by reference. In accordance
with the requirements of 1 CFR 51.5, we are finalizing the
incorporation by reference of the federally approved Iowa UST program
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 or by contacting the EPA Region 5 contact
listed in the ADDRESSES section of this preamble.
The purpose of this Federal Register document is to codify Iowa's
approved UST program. The codification reflects the State program that
would be in effect at the time EPA's approved revisions to the Iowa UST
program addressed in this direct final rule become final. The document
incorporates by reference Iowa's UST statutes and regulations and
clarifies which of these provisions are included in the approved and
federally enforceable program. By codifying the approved Iowa program
and by amending the CFR, the public will more easily be able to discern
the status of the federally-approved requirements of the Iowa program.
EPA is incorporating by reference the Iowa approved UST program in
40 CFR 282.65. Section 282.65(d)(1)(i) incorporates by reference for
enforcement purposes the State's statutes and regulations.
Section 282.65 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. These documents are
not incorporated by reference.
D. What is the effect of Iowa's 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 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 Iowa procedural
and enforcement authorities. Section 282.65(d)(1)(ii) of 40 CFR lists
those approved Iowa 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. Section
281.12(a)(3)(ii) of 40 CFR 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 Federal
enforcement in part 282. Section 282.65(d)(1)(iii) lists for reference
and clarity the Iowa 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 in this document.
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 Iowa's UST Program requirements
pursuant to RCRA section 9004 and imposes no requirements other than
those imposed by State law. It complies with applicable Executive
Orders (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.
[[Page 80793]]
E. Executive Order 13175: Consultation and Coordination With Indian
Tribal Governments
This action approves and codifies pre-existing requirements under
State law and does not impose any additional enforceable duty beyond
that required by State law, it does not contain any unfunded mandate or
significantly or uniquely affect small governments, as described in the
Unfunded Mandates Reform Act of 1995 (2 U.S.C. 1531-1538). For the same
reason, this action also does not significantly or uniquely affect the
communities of Tribal governments, as specified by Executive Order
13175 (65 FR 67249, November 9, 2000).
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 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 December 3,
2024 because it is a direct final rule.
Authority: This rule is issued under the authority of sections
2002(a), 7004(b), and 9004 of the Solid Waste Disposal Act, as
amended, 42 U.S.C. 6912, 6991c, 6991d, and 6991e.
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, Oil pollution,
Penalties, Petroleum, Reporting and recordkeeping requirements, Surety
bonds, Water pollution control, Water supply.
Dated: September 18, 2024.
Cecilia Tapia,
Acting Deputy Regional Administrator, EPA Region 7.
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. 282.65 to read as follows:
Sec. 282.65 Iowa State-Administered Program.
(a) History of the approval of Iowa's program. The State of Iowa 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 Iowa
Department of Natural Resources, was approved by EPA pursuant to 42
U.S.C. 6991c and part 281 of this Chapter. EPA approved the Iowa
program on March 7, 1995, and it was effective on May 8, 1995. A
subsequent program revision application was approved by EPA and became
effective on December 3, 2024.
(b) Enforcement authority. Iowa 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) Retaining program approval. To retain program approval, Iowa
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 Iowa 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 notice of any
change will be published in the Federal Register.
(d) Final program approval. Iowa has final approval for the
following elements of its program application originally submitted to
EPA and
[[Page 80794]]
approved on March 7, 1995, and effective May 8, 1995, and the program
revision application approved by EPA, effective on December 3, 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 Iowa regulations and
statutes that are incorporated by reference in this paragraph from the
Iowa Department of Natural Resources website at: https://www.iowadnr.gov/Environmental-Protection/Land-Quality/Underground-Storage-Tanks/UST-LUST-Regulations for 567 Iowa Administrative Code
regulations and https://www.legis.iowa.gov/law/administrativeRules/agencies for Code of Iowa statutes or the Iowa Department of Natural
Resources, UST Section, 6200 Park Avenue, Suite 200, Des Moines, IA
50321.
(A) EPA-Approved Iowa Regulatory Requirements Applicable to the
Underground Storage Tank Program, August 2023.
(B) EPA-Approved Iowa Statutory Requirements Applicable to the
Underground Storage Tank Program, December 22, 2023.
(ii) Legal basis. EPA evaluated the following statutes and
regulations, which provide the legal basis for the State's
implementation of the underground storage tank program, but they are
not being incorporated by reference for enforcement purposes and do not
replace Federal authorities. Iowa's no less stringent, underground
storage tank program compliance criteria is included in their
regulations. Iowa includes brief statements in their statutes
establishing the authority of the Iowa Department of Natural Resources
to create and implement the underground storage tank program. None of
these statutes are incorporated by reference.
(A) Code of Iowa 455B.17(A)(19)(10)(f).
(B) Code of Iowa 455B.472, 473A, 474, 474A, 475, 476, 477, 478,
479.
(iii) Provisions not incorporated by reference. The following
statutory and regulatory provisions are broader in scope than the
Federal program, are not part of the approved program, and are not
incorporated by reference in this section for enforcement purposes:
(A) Code of Iowa Chapter 455B, Jurisdiction of the Department of
Natural Resources, Division IV, Solid Waste Disposal, Part 8--
Underground Storage Tanks Sections: 455B.471(1), (2), (3), (4), (10);
455B.473(4) through (9).
(B) 567 Iowa Administrative Code Chapter 134--Underground Storage
Tank Licensing and Certification Programs--entire Chapter.
(C) 567 Iowa Administrative Code Chapter 135--Technical Standards
and Corrective Action Requirements for Owners and Operators of
Underground Storage Tanks: 135.2 definitions not listed in 40 CFR
280.12; 135.3(1)(c)(5) and (e)(1) and (2); 135.3(2)(a); 135.3(3)(a),
(b), (d)(5) and (6), (g), (j), and (k); 135.3(5); 135.3(9)(b)(1)(1);
135.4(2)(e); 135.4(3)(b), (c); 135.4(4)(c)(2) and (4); 135.4(4)(g) and
(i); 135.4(5)(a)(7) and (8); 135.4(6)(a) through (f); 135.(4)(7);
135.4(8)(a), (a)(4), (5), (7), (8), (9), (14), (16), (18); 135.4(8)(b),
(b)(4), (5), (8), (9), (12), (13), (14), (17). (19); 135.4(8)(c)(1),
(2), (3), (4), (5); 135.4(9); 135.4(11)(a)(2), (c) and (d);
135.5(1)(e); 135.5(4)(c); 135.5(4)(d)(4); 135.5(4)(e)(8);
135.5(4)(g)(1)(1) through (3); 135.5(4)(h)(3)(1) through (3);
135.5(4)(h)(4) through (6); 135.5(5)(b), (d)(1) and (2); 135.6(3)(b);
135.7(5); 135.7(5) (d)(3), (9), (10), (11); 135.7(5) (e), (f), (g);
135.8; 135.9; 135.10; 135.11; 135.12; 135.14; 135.15(1)(b)(4) and (5);
135.15(1)(c)(1), (4), and (5); 135.15(1)(e) and (f); 135.15(2), (2)(a)
and (d); 135.15(3)(a) through (e); 135.15(4); 135.15(7); 135.16;
135.17; 135.18; 135.19; 135.20; Chapter 135 Appendices A, B, C, and D.
(2) Statement of legal authority. The ``Attorney General's
Statement Letter'', signed by the Iowa Attorney General on December 22,
1993, and May 9, 2023, 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 Adequate Enforcement Procedures'' submitted as part
of the original application on March 17, 1994, and as part of the
program revision application on June 22, 2023, 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 March 17,
1994, and as part of the program revision application on June 22, 2023,
though not incorporated by reference, are referenced as part of the
approved underground storage tank program under Subtitle I of RCRA, 42
U.S.C. 6991 et seq.
(5) Memorandum of Agreement. The Memorandum of Agreement between
EPA Region 7 and the Iowa Department of Natural Resources, signed by
the EPA Regional Administrator on April 4, 2019, though not
incorporated by reference, is referenced as part of the approved
underground storage tank program under Subtitle I of RCRA, 42 U.S.C.
6991 et seq.
0
3. Appendix A to part 282 is amended by revising the entry for ``Iowa''
to read as follows:
Appendix A to Part 282--State Requirements Incorporated by Reference in
Part 282 of the Code of Federal Regulations
* * * * *
Iowa
(a) The statutory provisions include Code of Iowa Chapter 455B,
Jurisdiction of the Department of Natural Resources, Division IV,
Solid Waste Disposal, Part 8--Underground Storage Tanks (455B.471 et
seq.):
455B.471(5), (6), (7), (8), (9), (11)(a) and 11(b) except for as
indicated: 471(11)(b)(1)(c)--Iowa specifically excludes residential
septic tanks as being underground storage tanks making them more
stringent; and 455B.471(11)(b)(2)--Iowa specifically excluded piping
associated with tanks used for storing heating oil for consumptive
use on the premises where stored as being underground storage tanks
making them more stringent.
Iowa Code 455B.473 except for 455B.473(1), (2), (3) Iowa required
the notification for USTs taken out of operation from January 1,
1974, to July 1, 1985, USTs that existed and still in operation on
or before July 1, 1985, and those brought into service after July 1,
1985, making them more stringent.
(b) The regulatory provisions include 567 Iowa Administrative
Chapter 135--Technical Standards and Corrective Action Requirements
for Owners and Operators of Underground Storage Tanks and Chapter
136--Financial Responsibility for Underground Storage Tanks:
567 Iowa Administrative Code Chapter 135--Technical Standards and
Corrective Action Requirements for Owners and Operators of Underground
Storage Tanks
Iowa Administrative Code 135.2 except for the farm and
residential tanks of 1100 gallons or less capacity used for storing
motor fuel for noncommercial purposes component of the definition of
underground storages tanks that requires that such tanks installed
in Iowa after July 1, 1987, to be subject to the requirements of 567
Iowa Administrative Code Chapter 135 making them more stringent. All
other definitions corresponding to those listed in 40 CFR 280.12 are
incorporated by reference.
Iowa Administrative Code 135.1(3)(a), 135.1(3)(a)(4).
[[Page 80795]]
Iowa Administrative Code 135.3(1), 135.3(1)(a),
135.3(1)(a)(4)(2), 135.3(1)(b), 135.3(1)(c)(1) through (4),
135.3(1)(d), 135.3(1)(e), 135.3(1)(f)(1) and (4), except for IAC
135.3(1)(f)(2) and (3) language that specifies when under dispenser
containment must be installed depending on what dispensing equipment
is installed or replaced, what connections are made to the
dispensers, and whether or not replaced or new piping is within 10
feet given dispensers making them more stringent.
Iowa Administrative Code 135.3(2)(b), 135.3(2)(c), 135.3(2)(d),
except for IAC 135.3(3)(c) language Iowa requiring that owners must
have tank tags affixed to the fill pipe in order to receive
deliveries of product into the USTs they own making them more
stringent.
Iowa Administrative Code 135.3(3)(d)(1) through (4) except for
IAC 135.3(3)(h) language requiring that a person installing an
underground storage tank and the owner or operator of the
underground storage tank must notify the department of their intent
to install the tank 30 days prior to installation making them more
stringent.
Iowa Administrative Code 135.3(9), 135.3(9)(b)(2).
Iowa Administrative Code 135.4 except for 135.4(6)(a)(2), (3);
IAC 135.4(8)(a)(2); IAC 135.4(8)(b)(1) language that specifies the
codes of practice to be discussed during UST Operator training
making them more stringent.
Iowa Administrative Code 135.4(1), 135.4(1)(b), 135.4(2)(a)
through (d), 135.4(3), 135.4(3)(a), 135.4(4)(a), 135.4(4)(b),
135.4(4)(c)(1) and (3), 135.4(4)(d), 135.4(4)(e), 135.4(4)(f),
135.4(4)(h), 135.4(5)(a)(1) through (6), 135.4(5)(b), 135.4(5)(b)(8)
and (11), 135.4(5)(c) except for IAC 135.4(6)(i) language requiring
that C UST Operator be retrained in 15 days making them more
stringent and except for IAC 135.4(8)(a)(12) language Iowa
specifying what financial responsibility topics must be covered
during Class A UST Operator Training making them more stringent.
Iowa Administrative Code 135.4(12), 135.4(12)(c), 135.4(13),
135.4(13)(e).
Iowa Administrative Code 135.5(1)(a) through (d), 135.5(2),
135.5(3), 135.5(4)(a), 135.5(4)(b), 135.5(4)(c), 135.5(4)(d)(1)
through (3), 135.5(4)(e)(1) through (7), 135.5(4)(f),
135.5(4)(g)(1), 135.5(4)(g)(2), 135.5(4)(h)(1) and (2), 135.5(4)(i),
135.5(5)(a), 135.5(5)(b), 135.5(5)(c), 135.5(5)(d), 135.5(6) except
for IAC 135.5(5)(d) language specifying the types of methods used
for monitoring containment spaces, how often the monitoring is done,
and containment should be kept free of liquid or debris that would
affect the monitoring making them more stringent.
Iowa Administrative Code 135.6(1), 135.6(2), 135.6(3)(a),
135.6(4)(a) and (b).
Iowa Administrative Code 135.7(2), 135.7(3), 135.7(5)(a),
135.7(5)(b), (c), 135.7(5)(d)(1), 135.7(5)(d)(2), 135.7(5)(d)(4)
through (8) except for IAC 135.7(5)(e) language requiring a 60-day
timeframe for implementing and installing free product recovery
system approved by the department making them more stringent:
Iowa Administrative Code 135.13.
Iowa Administrative Code 135.15(1)(a), 135.15(1)(b)(1),
135.15(1)(b)(2), 135.15(1)(b)(3), 135.15(1)(b)(6), 135.15(1)(c)(2),
135.15(1)(c)(3), 135.15(1)(c)(6), 135.15(1)(d) except for IAC
135.15(1)(f) language setting requirements for returning a UST to
service after an extended period of temporary closure making them
more stringent.
Iowa Administrative Code 135.15(2)(b) and (c), 135.15(3)(a) and
(f), 135.15(5) except for IAC 135.15(2)(a) language requiring
department approval for removals undertaken with less than 30 days
of notice making them more stringent.
567 Iowa Administrative Code Chapter 136--Financial Responsibility for
Underground Storage Tanks
Iowa Administrative Code 136.1 except for 136.1(4) requiring
that farm and residential tanks of 1,100 gallons or less capacity
used for storing motor fuel for noncommercial purposes installed in
Iowa after July 1, 1987, be made subject to the requirements of 567
Iowa Administrative Code Chapter 136 making them more stringent.
Iowa Administrative Code 136.3
Iowa Administrative Code 136.4
Iowa Administrative Code 136.5
Iowa Administrative Code 136.6
Iowa Administrative Code 136.7
Iowa Administrative Code 136.8
Iowa Administrative Code 136.9
Iowa Administrative Code 136.10
Iowa Administrative Code 136.11
Iowa Administrative Code 136.12
Iowa Administrative Code 136.13
Iowa Administrative Code 136.14
Iowa Administrative Code 136.15
Iowa Administrative Code 136.16
Iowa Administrative Code 136.17
Iowa Administrative Code 136.18
Iowa Administrative Code 136.19
Iowa Administrative Code 136.20
Iowa Administrative Code 136.21
Iowa Administrative Code 136.22
Iowa Administrative Code 136.23 except for IAC 136.23(3)
language requiring that department receives notice of bankruptcy
within 10 days making them more stringent.
Iowa Administrative Code 136.24
* * * * *
[FR Doc. 2024-22912 Filed 10-3-24; 8:45 am]
BILLING CODE 6560-50-P
