Nebraska: Final Approval of State Underground Storage Tank Program Revisions, Codification, and Incorporation by Reference, 97550-97558 [2024-28140]

Download as PDF 97550 Federal Register / Vol. 89, No. 236 / Monday, December 9, 2024 / Rules and Regulations UTAH—2015 8-HOUR OZONE NAAQS—Continued [Primary and Secondary] Designation Classification Designated area 1 Date 2 Date 2 Type Type Davis County. * * * * * * * 1 Includes any Indian country in each county or area, unless otherwise specified. EPA is not determining the boundaries of any area of Indian country in this table, including any area of Indian country located in the larger designation area. The inclusion of any Indian country in the designation area is not a determination that the state has regulatory authority under the Clean Air Act for such Indian country. 2 This date is August 3, 2018, unless otherwise noted. * * * * * [FR Doc. 2024–28851 Filed 12–6–24; 8:45 am] BILLING CODE 6560–50–P ENVIRONMENTAL PROTECTION AGENCY 40 CFR Part 282 [EPA–R07–UST–2024–0452; FRL–12274– 03–R7] Nebraska: 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 Nebraska’s Underground Storage Tank (UST) program submitted by the Nebraska State Marshal (NSFM). This action also codifies EPA’s approval of Nebraska’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 the RCRA and other applicable statutory and regulatory provisions. DATES: This rule is effective February 7, 2025, unless EPA receives adverse comment by January 8, 2025. 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 February 7, 2025, in accordance with 5 U.S.C. 552(a) and 1 CFR part 51. ADDRESSES: Submit your comments by one of the following methods: ddrumheller on DSK120RN23PROD with RULES1 SUMMARY: VerDate Sep<11>2014 15:13 Dec 06, 2024 Jkt 265001 1. Federal eRulemaking Portal: https://www.regulations.gov. Follow the on-line instructions for submitting comments. 2. Email: blankenship.marie@epa.gov. Instructions: Direct your comments to Docket ID No. EPA–R07–UST–2024– 0452. 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:// PO 00000 Frm 00092 Fmt 4700 Sfmt 4700 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 https:// 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 https:// www.regulations.gov or by contacting Marie Blankenship at (913) 551–7908 or blankenship.marie@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: Marie Blankenship, Tanks, Toxics, and Pesticides Branch, Land, Chemical, and Redevelopment Division, U.S. Environmental Protection Agency, Region 7, 11201 Renner Boulevard, Lenexa, Kansas 66219; telephone number: (913) 551–7908; email address: blankenship.marie@epa.gov. SUPPLEMENTARY INFORMATION: I. Approval of Revisions to Nebraska’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 no less stringent than the Federal UST program. Either EPA or the approved State 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. E:\FR\FM\09DER1.SGM 09DER1 Federal Register / Vol. 89, No. 236 / Monday, December 9, 2024 / Rules and Regulations B. What decisions has the EPA made in this rule? On September 8, 2023, in accordance with 40 CFR 281.51(a), Nebraska submitted a complete program revision application seeking the EPA approval for its UST program revisions (State Application). Nebraska’s revisions correspond to the EPA final rule published on July 15, 2015 (80 FR 41566), which revised the 1988 UST regulations and the 1988 State program approval (SPA) regulations (2015 Federal Revisions). As required by 40 CFR 281.20, the State Application contains the following: a transmittal letter requesting approval, a description of the program and operating procedures, a demonstration of the State’s procedures 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 Nebraska’s UST program are no less stringent than the corresponding Federal requirements in subpart C of 40 CFR part 281, and that the Nebraska program provides for adequate enforcement of compliance (40 CFR 281.11(b)). Therefore, the EPA grants Nebraska 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 Nebraska 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 Required Federal element 40 CFR 281.30, New UST Systems and Notification. 40 CFR 281.31, Upgrading Existing UST Systems. 40 CFR 281.32, General Operating Requirements. 40 CFR 281.33, Release Detection ........ 40 CFR 281.34, Release Reporting, Investigation, and Confirmation. 40 CFR 281.35, Release Response and Corrective Action. ddrumheller on DSK120RN23PROD with RULES1 40 CFR 281.36, Out-of-service Systems and Closure. 40 CFR 281.37, Financial Responsibility for USTs Containing Petroleum. 40 CFR 281.38 Lender Liability .............. 40 CFR 281.39, Operator Training ......... 40 CFR 281.40 Legal Authorities for Compliance Monitoring. 40 CFR 281.41, Legal Authorities for Enforcement Response. 15:13 Dec 06, 2024 Jkt 265001 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 Nebraska previously been approved? On August 19, 2002, the EPA finalized a rule approving the Nebraska UST program, effective September 18, 2002, to operate in lieu of the Federal program. The State’s program has not previously been codified. G. What changes are we approving with this action? On September 8, 2023, in accordance with 40 CFR 281.51(a), Nebraska submitted a complete application for final approval of its UST program revisions adopted on July 15, 2015. The EPA now makes an immediate final decision, subject to receipt of written comments that oppose this action, that Nebraska’s UST program revisions satisfy all of the requirements necessary to qualify for final approval. Therefore, EPA grants Nebraska final approval for the following program changes: Implementing State authority Title 159 NAC Chapter 2; Chapter 3, intro; Chapter 4, section 001; Chapter 6, section 001. Title 159 NAC Chapter 6. Title 159 NAC Chapter 4, section 001, section 001.1A; Chapter 5; Chapter 6, sections 001–007; Chapter 7, section 006; Chapter 10, section 006. Title 159 NAC Chapter 4; Chapter 7, sections 001–006; Chapter 14; Title 17 NAC Chapter 12. Title 159 NAC Chapter 6, section 005; Chapter 8, section 001–005; Title 126 NAC Chapter 18, sections 002.01, 002.01C, 002.01D, 002.02–005, 007.02. Title 159 NAC Chapter 8, sections 001, 003–005; Title 126 NAC Chapter 18, sections 003–007; Title 118 NAC Chapter 1–2 6.002–7, 10–11 and appendix B; Title 115 NAC Chapter 3, sections 001, 001.02, 014, 016–018. Title 159 NAC Chapter 10, sections 001–005. Title 159 NAC Chapter 9 as it references 40 CFR 280.90 through 280.115. Title 159 NAC Chapter 9, section 002. Title 159 NAC Chapter 13, sections 001–002, 003.04–008.02. Title 159 NAC Chapter 6; Chapter 12; Chapter 13, section 002. Title 159 NAC Chapter 6; Title 126 NAC Chapter 18, section 008. 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 Nebraska State Fire Marshal (NSFM) has broad statutory authority with respect to VerDate Sep<11>2014 97551 USTs to regulate installation, operation, maintenance, closure, and UST releases, and to the issuance of orders. These statutory authorities are found in Nebraska Revised Statutes, Chapters sections 81–15, 117 to 81–15, 127, PO 00000 Frm 00093 Fmt 4700 Sfmt 4700 sections 81–501 to 81–512, and section 66–1501 to 66–1531, and Nebraska Administrative Code, Title 159. The Nebraska Department of Environment and Energy (NDEE) has broad statutory authority for corrective action and the E:\FR\FM\09DER1.SGM 09DER1 97552 Federal Register / Vol. 89, No. 236 / Monday, December 9, 2024 / Rules and Regulations administration of the State remedial action fund. These statutory authorities are found in: sections 81–1501 to 81– 1532, N.R.S., and Titles 115, 118, 126, 178, and 200, NAC. These authorities address rules of practice and procedure, ground water quality standards and cleanup requirements, release reporting and follow-up, and the Petroleum Release Remedial Action Reimbursement Fund. ddrumheller on DSK120RN23PROD with RULES1 H. Where are the revised rules different from the Federal rules? Broader in Scope Provisions Where an approved State program has a greater scope of coverage than required by Federal law, the additional coverage is not part of the federallyapproved program and is not federally enforceable (40 CFR 281.12(a)(3)(ii)). The following Nebraska requirements are considered ‘‘broader in scope’’ than the Federal program: The NSFM has responsibilities with a greater scope of coverage than required by Federal law. NRS section 81–502. The NSFM has responsibilities for rules and regulations; enforcement; and State procedure with a greater scope of coverage than required by Federal law. NRS section 81–502.04. The NSFM has duties with a greater scope of coverage than required by Federal law. NRS section 81–503.01(a)– (g), (i). The NSFM has its own authority to enter and conduct inspections when authorized. NRS section 81–512. The Nebraska Protection Act defines terms not subject to the UST program. NRS sections 81–1502(1)–(5), (8)–(9), (12)–(13), (15)–(19), (23), (28)–(29), and (31)–(38). The NDEE has duties with a greater scope of coverage than required by Federal law. NRS section 81–1504(1)– (30), (33)–(58). The Nebraska Environmental Quality Council has responsibilities to adopt and promulgate rules and regulations; standards of air, land and water with a greater scope of coverage than required by Federal law. NRS section 81–1505. The Director of the NDEE is authorized to bring State enforcement for violations of State law under a state authority for hearings and issuing orders, requiring monitoring, investigations and corrective action. NRS section 81–1507. The NDEE is authorized to pursue State civil penalties and injunctive relief. NRS sections 81–1508, 81– 1508.01, and 81–1508.02. The NDEE is authorized to perform inspections and execute search warrants under State authority. NRS section 81– 1511. VerDate Sep<11>2014 15:13 Dec 06, 2024 Jkt 265001 Portions of the Nebraska UST provisions are applicable to heating oil tanks of greater than 1,100 gallon capacity. NRS section 81–15, 119(10)(b). Nebraska requires that owners of farm, residential, and heating oil tank systems of less than 1,100 gallon capacity to register such tank systems and pay a one-time registration fee. NRS sections 81–15,119(10)(a) and 81–15– 120. Nebraska establishes permitting requirements on owners and operators of UST systems (e.g., registration, operating, installation, closure). NRS section 81–15, 121. Nebraska establishes procedures for the denial or revocation of State issued permits. NRS section 81–15–122. Nebraska establishes procedures for a permit and registration system for all tanks; an inspection fee; inventorycontrol procedures; procedures for notification of temporarily or permanently abandoned tanks; and procedures for licensing tank installation and removal contractors. NRS sections 81–15–123(2)–(3), (4)(b), (5), (10), and (12) as it refers to certification and subcontractors. Nebraska sets deadlines for NDEE approval or disapproval of remedial action plans; establishes procedures for the reimbursement of expenses paid by the owner or operator; establishes procedures for the NDEE to prepare a remedial action plan and implement the plan in the event of an unknown or unavailable owner or operator of a facility causing a release; provides that the Environmental Quality Council establish standards; provides access under State law; provides for NDEE briefing and certificates of completion for work completed under a remedial action plan. NRS sections 81–15, 124(2) second and third sentence, 81–15, 124(3) second sentence and full second paragraph, 81–15, 124.01–81–15, 124.02, 81–15, 124.04–81–15, 124.07. Nebraska establishes a process for penalties and actions to enjoin for violations of the Petroleum Products and Hazardous Substances Storage and Handling act under State law. NSR section 81–15, 125–81–15, 126. Nebraska requires notice of registration and duty to provide the notice. NSR section 81–15, 127. The Nebraska remedial fund is structured to reimburse owners and operators of both USTs and aboveground storage tanks for allowable costs of remedial action and third party claims. NRS section 66–1501, et seq. Nebraska provides intervention in a matter in litigation under State law. NSR section 25–328. PO 00000 Frm 00094 Fmt 4700 Sfmt 4700 Nebraska requires contractor licensure and certification for tank installation and removal contractors. Title 159 NAC Chapter 3.001–3.004. Nebraska requires all owners and operators to comply with Nebraska financial responsibilities requirements for all categories of UST system owner or operators as of the effective date of the regulations with no extensions or deferrals or comply with the federal financial responsibility requirements. Title 159 NAC Chapter 9.001 and Title 200 NAC Chapter 1 [entire regulation]. Nebraska mandates that fuel distributors, or any person who deposits regulated substances in an UST system, are required to notify owners and operators of the registration requirements. Title 159 NAC Chapter 11.004. Nebraska establishes approval standards for UST training courses and trainers. Title 159 NAC Chapter 13.003.01–13.003.03. Nebraska establishes minimum requirements for public hearings for permit decisions which by statue or other agency regulations provide for public notice, public review and comment, and an opportunity to request a public hearing before making a final permit decision. Title 115 NAC Chapter 3.001.01, 3.002–3.013, and 3.015. Nebraska establishes antidegradation; beneficial uses; narrative and numerical standards and sample collections. Title 118 NAC Chapter 3. Nebraska has procedures to establish narrative and numerical standards for groundwater classification. Title 118 NAC Chapter 4. Nebraska establishes procedures for changing a groundwater classification. Title 118 NAC Chapter 5. Nebraska establishes remedial action provisions for point source pollution events for non-petroleum releases. Title 118 NAC Chapter 6.001 and appendix A. Nebraska establishes definitions for the management of waste with a greater scope of coverage than required by Federal law. Title 126, NAC Chapter 1.002–1.004, 1.006–1.010, 1.012, 1.014– 1.019, 1.023, 1.025–1.029, 1.030.02, 1.032, 1.035, 1.039, 1.041–1.044, 1.046– 1.047. Nebraska establishes provisions for waste management permits and licenses; land application of paunch; and fertilizer and pesticide wastewater with a greater scope of coverage than required by Federal law. Nebraska also reserves chapters for future use. Title 126 NAC Chapters 2–17, 19 and appendix I. Nebraska establishes provisions for rules and regulations related to: E:\FR\FM\09DER1.SGM 09DER1 ddrumheller on DSK120RN23PROD with RULES1 Federal Register / Vol. 89, No. 236 / Monday, December 9, 2024 / Rules and Regulations recreation camps; design construction; operation and maintenance of public swimming pools; rules, regulations and standards governing mobile home parks; clean indoor air; fees for inspection of private water supply or private sewage disposal facilities; rules and regulations governing a private well; licensure under the water well standards and contractors’ practice act; fees under the water well standards and contractors’ practice act; water well standards and contractors’ licensing board; asbestos projects; lead based paint activities; and methamphetamine cleanups with a greater scope of coverage than required by Federal law. Nebraska also reserves chapters for future use. Title 178 NAC Chapters 1–11, 13–24. The following definitions associated with well installation are not applicable to the UST program: Abandoned Water Well, Driven Sandpoint Well, Ground Water Heat Pump Well, Illegal Water Well, Inactive Status Water Well, Injection Well, Open Hole Well, Service connection, Special Irrigation District. Title 178 NAC Chapter 12–002. Nebraska establishes procedures for the installation of potable well construction; non-potable well construction; public water supply systems; ground water heat pump wells; installation of pumps and pumping equipment as it relates to disinfection associated with potable wells; and procedures for driven sandpoint wells and closed loop heat pump wells. Nebraska further offers a Waiver of Disinfection. Title NAC 178 Chapter 12– 04–12–05, 12–08, 12–10, 12–011.01B2, 12–012.08C, 12–012.08G, and Waiver of Disinfection. Nebraska requires owners and operators of UST systems that permanently closed between December 22, 1988, and January 1, 1989, to close such UST systems when directed to do so by the NSFM. NFPA 30: Flammable and Combustible Liquids Code (21.7.4.3.1–21.7.4.3.3) 2012 Version. Nebraska requires UST system owners and operators to have a tightness test performed on tanks and piping prior to placing the tank system back into service after receiving an extension to the 12-month temporary closure period. National Fire Protection Association 30: Flammable and Combustible Liquids Code (21.7.4.3.1–21.7.4.3.3) 2012 Version. More Stringent Provisions Nebraska limits the means by which owners and operators can demonstrate compliance with installation of a new UST system. Only an installer that has been certified or licensed by the State can provide certification of compliance VerDate Sep<11>2014 15:13 Dec 06, 2024 Jkt 265001 on the UST notification form. Title 159 NAC Chapter 3 as it incorporates 40 CFR 280.20(e)(2). Nebraska requires additional design and installation standards for new UST systems. Title 159 NAC Chapter 4.001.01–4.001.07. The Federal program requires all cathodic protection systems to be tested within 6 months of installation. Nebraska general operating requirements for existing UST systems require annual testing for impressed current cathodic protection systems after the initial testing. Title 159 NAC Chapter 6.002.01A1. Nebraska general operating requirements for existing UST systems requires repaired tanks, piping, overfill, and spill prevention equipment be tested prior to placing the system back into service, or 30 days following the date of completion of the repair, whichever occurs first. Title 159 NAC Chapter 6.004.01. Nebraska general operating requirements for existing UST systems requires additional record-keeping and reporting. Title 159 NAC Chapter 6.005– 6.006. Nebraska general operating requirements for existing UST systems requires that if a ball float is to be abandoned in place, a drop tube shut off or audible alarm will be set at 85 percent tank capacity to prevent overfill. Title 159 NAC Chapter 6.006.01. Nebraska excludes all UST systems larger than 1,100 gallons used to store heating oil from all release detection requirements except that they must instead perform the manual tank gauging procedures in 40 CFR 280.43(b) on a monthly basis from April 1 to November 1. Title 159 NAC Chapter 7.001.01. Nebraska release detection requirements require owners and operators to conduct and record the daily product inventory control requirements as described in 40 CFR 280.43(a)(1)–(6) for all new and existing UST systems. However, UST systems eligible for and utilizing manual tank gauging in accordance with 40 CFR 280.43(b), do not need to meet the daily inventory requirement. Title 159 NAC Chapter 7.004. Nebraska release and suspected release reporting requires notification to NSFM and NDEE within 24 hours by the owner and operator of the tank. Title 159 NAC Chapter 8.005. Nebraska site assessment at closure or change-in-service requires sampling analysis, in- place closure assessment, removal closure assessment, tank excavation requirements, line excavation assessment, and reporting PO 00000 Frm 00095 Fmt 4700 Sfmt 4700 97553 requirements. Title 159 NAC Chapter 10.003–10.004. Nebraska operator training requirements for Class A, Class B, and Class C operators establish owner and operator responsibilities, operator training requirements, operator examination requirements, reciprocity, timing of operator training, operator retraining and owner and operator documentation. Title 159 NAC Chapter 13.001–13.002, 13.003.04–13.003.05, 13.004–13.008. Nebraska establishes ground water quality standards and use classifications for ground water regulatory programs. Title 118 NAC Chapter 1–2, 6.002, 7, appendix B. Nebraska establishes water well construction, pump installation and water well decommissioning standards for dewatering wells, ground water monitoring and recovery wells, and test holes. Nebraska further provides for declaratory orders about substantially equivalent procedures or materials and variances. Title 178 NAC Chapter 12.001, 12–03, 12–06–12–07, 12–09, 12– 011.01–12–011.01B1, 12–011.01C–12– 012.08B, 12–012.08D–12–012.08F2, 12– 012.09–12–14, the tables and figures, and the following definitions found at Title 178, Chapter 12–002 Annular Fill, Annular Space, Aquifer, Aquifer Seal, Primary Aquifer Seal, Surface Seal, Backflow Preventer, Bentonite, Bentonite Seal, Bored or Dug Well, Casing, Cesspool, Clay, Community Water System, Confining Layer, Construction of Water Wells, Contamination, Decommissioned when used in relation to a water well, Department, Dewatering Well, Discharge Pipe, Distribution Piping, Good Cause, Gravel Pack, Ground Water, Grout, Installation of Pumps and Pumping Equipment, Monitoring Well, Nonpotable Well, Observation Well, Person, Pitless Unit, Pollution, Potable Well, Primary Aquifer Seal, Public Water System, (Licensed) Pump Installation Contractor, (Licensed) Pump Installation Supervisor, Pumps and Pumping Equipment, Recovery Well, Sanitary Well Seal, Screen Apertures, Screened Vent, Secure Cover or Cap, Seepage Pit, Septic Tank, Soil Absorption System (Septic Lateral Field), Static Water Level, Substantially Equivalent, Subsurface Disposal System, Supervision or its derivatives, Surface Seal, Test Hole, Tremie Pipe, Watertight Casing, Watertight Secure Cover, Water Well, (Licensed) Water Well Contractor, (Licensed) Water Well Drilling Supervisor, Well Development, Well Pit, Well Screen. E:\FR\FM\09DER1.SGM 09DER1 97554 Federal Register / Vol. 89, No. 236 / Monday, December 9, 2024 / Rules and Regulations II. Codification A. What is codification? Codification is the process of placing a State’s statutes and regulations that comprise the State 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 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. ddrumheller on DSK120RN23PROD with RULES1 B. What is the history of codification of Nebraska’s UST program? The EPA has not previously incorporated by reference and codified Nebraska’s approved UST program. Through this action, the EPA is incorporating by reference and codifying Nebraska’s State program in 40 CFR 282.77 to include the program and 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 Nebraska 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 https://www.regulations.gov or by contacting the EPA Region 7 contact listed in the ADDRESSES section of this preamble. The purpose of this Federal Register document is to codify Nebraska’s approved UST program. The codification reflects the State program that would be in effect at the time EPA’s approved revisions to the Nebraska UST program addressed in this direct final rule become final. The document incorporates by reference Nebraska’s UST statutes and regulations and clarifies which of these provisions are included in the approved and federally enforceable program. By codifying the approved Nebraska program and by VerDate Sep<11>2014 15:13 Dec 06, 2024 Jkt 265001 amending the CFR, the public will more easily be able to discern the status of the federally-approved requirements of the Nebraska program. EPA is incorporating by reference the Nebraska approved UST program in 40 CFR 282.77. Section 282.77(d)(1)(i) incorporates by reference for enforcement purposes the State’s statutes and regulations. Section 282.77 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. cannot be enforced by EPA; the State, however, will continue to implement and enforce such provisions under State law. D. What is the effect of Nebraska’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 Nebraska procedural and enforcement authorities. Section 282.77(d)(1)(ii) of 40 CFR lists those approved Nebraska authorities that would fall into this category. A. Executive Order 12866: Regulatory Planning and Review and Executive Order 14094: Modernizing Regulatory Review 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 282.77(d)(1)(iii) lists for reference and clarity the Nebraska 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 PO 00000 Frm 00096 Fmt 4700 Sfmt 4700 III. Statutory and Executive Order Reviews This action only applies to Nebraska’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. 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. 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. 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. E:\FR\FM\09DER1.SGM 09DER1 Federal Register / Vol. 89, No. 236 / Monday, December 9, 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 State 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. ddrumheller on DSK120RN23PROD with RULES1 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. 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; and Executive Order 14096: Revitalizing Our Nation’s Commitment to Environmental Justice for All Executive Order 12898 (59 FR 7629, February 16, 1994) and Executive Order 14096 (88 FR 25251, April 26, 2023) direct 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 preexisting State rules that are no less stringent than existing Federal requirements and imposes no additional requirements beyond those imposed by State and there are no anticipated significant adverse human health or environmental effects, this rule is not subject to Executive Order 12898 or Executive Order 14096. 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 February 7, 2025 because it is a direct final rule. 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. 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. 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 States the criteria required by RCRA. It would thus be inconsistent with applicable law for EPA, when it reviews a State approved application, to List of Subjects in 40 CFR Part 282 Environmental protection, Administrative practice and procedure, Confidential business information, Hazardous substances, Incorporation by reference, Indians-lands, Insurance, Intergovernmental relations, Oil pollution, Penalties, Petroleum, VerDate Sep<11>2014 15:13 Dec 06, 2024 Jkt 265001 PO 00000 Frm 00097 Fmt 4700 Sfmt 4700 97555 Reporting and recordkeeping requirements, State and local governments, Surety bonds, Underground storage tanks, Water pollution control, Water supply. Dated: November 22, 2024. Meghan A. McCollister, 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. Add § 282.77 to read as follows: § 282.77 Nebraska State-Administered Program. (a) History of the approval of Nebraska’s program. The State of Nebraska 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 program, as administered by the Nebraska State Fire Marshal, was approved by EPA pursuant to 42 U.S.C. 6991c and part 281 of this Chapter. EPA approved the Nebraska program on August 19, 2002, and it was effective on September 18, 2002. A subsequent program revision application was approved by EPA and became effective on February 7, 2025. (b) Enforcement authority. Nebraska 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, Nebraska 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 Nebraska 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. E:\FR\FM\09DER1.SGM 09DER1 ddrumheller on DSK120RN23PROD with RULES1 97556 Federal Register / Vol. 89, No. 236 / Monday, December 9, 2024 / Rules and Regulations (d) Final program approval. Nebraska has final approval for the following elements of its program application originally submitted to EPA and approved on August 19, 2002 and effective September 18, 2002, and the program revision application approved by EPA, effective on February 7, 2025: (1) State statutes and regulations—(i) Incorporation by reference. The provisions cited in this paragraph, and listed in appendix A to part 282, are incorporated by reference as part of the underground storage tank program under Subtitle I of RCRA, 42 U.S.C. 6991 et seq. The Director of the Federal Register approves this incorporation by reference in accordance with 5 U.S.C. 552(a) and 1 CFR part 51. You may obtain copies of the Nebraska regulations and statutes that are incorporated by reference in this paragraph from the Nebraska State Fire Marshal website at: https:// sfm.nebraska.gov or the Nebraska State Fire Marshal Agency, 246 South 14th Street, Suite 1, Lincoln, NE 68508–1804. You may inspect all approved material at the EPA Region 7 Office, 11201 Renner Boulevard, Lenexa, KS 66219; telephone number: (913) 551–7908; or the National Archives and Records Administration (NARA). For information on the availability of this material at NARA, visit www.archives.gov/federal-register/cfr/ ibr-locations or email fr.inspection@ nara.gov. (A) EPA-Approved Nebraska Statutory Requirements Applicable to the Underground Storage Tank Program, September 2024. (B) EPA-Approved Nebraska Regulatory Requirements Applicable to the Underground Storage Tank Program, September 2024. (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: (A) Nebraska Revised Statutes section 81–502. (B) Nebraska Revised Statutes section 81–502.04. (C) Nebraska Revised Statutes section 81–503.01. (D) Nebraska Revised Statutes section 81–512. (E) Nebraska Revised Statutes section 81–1502. (F) Nebraska Revised Statutes section 81–1504. (G) Nebraska Revised Statutes section 81–1505. VerDate Sep<11>2014 15:13 Dec 06, 2024 Jkt 265001 (H) Nebraska Revised Statutes section 81–1507. (I) Nebraska Revised Statutes sections 81–1508, 81–1508.01—81–1508.02. (J) Nebraska Revised Statutes section 81–1511. (K) Nebraska Revised Statutes section 81–15, 117. (L) Nebraska Revised Statutes section 81–15, 118. (M) Nebraska Revised Statutes section 81–15, 119. (N) Nebraska Revised Statutes section 81–15, 120. (O) Nebraska Revised Statutes section 81–15, 121. (P) Nebraska Revised Statutes section 81–15, 122. (Q) Nebraska Revised Statutes section 81–15, 123. (R) Nebraska Revised Statutes sections 81–15, 124, 81–15, 124.01–81–15, 124.07. (S) Nebraska Revised Statutes section 81–15, 125. (T) Nebraska Revised Statutes section 81–15, 126. (U) Nebraska Revised Statutes section 81–15, 127. (V) Nebraska Revised Statutes section 66–1531, et seq. (W) Nebraska Revised Statutes section 25–328. (X) Nebraska Administrative Code Title 159 Chapters 1–14. (Y) Nebraska Administrative Code Title 115 Chapter 3. (Z) Nebraska Administrative Code Title 118 Chapters 1–7, appendix A and B. (AA) Nebraska Administrative Code Title 126 Chapters 1–19, appendix A. (BB) Nebraska Administrative Code Title 178 Chapters 1–24. (CC) Nebraska Administrative Code Title 200 Chapter 1. (DD) National Fire Protection Association 30: Flammable and Combustible Liquids Code (21.7.4.3.1– 21.7.4.3.3) 2012 Version. (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) Nebraska Revised Statutes section 81–502. (B) Nebraska Revised Statutes section 81–502.04. (C) Nebraska Revised Statutes section 81–503.01(1)(a)–(g), (i). (D) Nebraska Revised Statutes section 81–512. (E) Nebraska Revised Statutes section 81–1502(1)–(5), (8)–(9), (12)–(13), (15)– (19), (23), (28)–(29), and (31)–(38). (F) Nebraska Revised Statutes section 81–1504(1)–(30), (33)–(58). PO 00000 Frm 00098 Fmt 4700 Sfmt 4700 (G) Nebraska Revised Statutes section 81–1505. (H) Nebraska Revised Statutes section 81–1507. (I) Nebraska Revised Statutes sections 81–1508, 81–1508.01, 81–1508.02. (J) Nebraska Revised Statutes section 81–1511. (K) Nebraska Revised Statutes section 81–15, 119(10)(a)–(b). (L) Nebraska Revised Statutes section 81–15, 120. (M) Nebraska Revised Statutes section 81–15, 121. (N) Nebraska Revised Statutes section 81–15, 122. (O) Nebraska Revised Statutes section 81–15, 123(2)–(3), (4)(b), (5), (10), (12) as it refers to certification and subcontractors. (P) Nebraska Revised Statutes sections 81–15, 124(2) second and third sentence, 81–15,124(3) second sentence and full second paragraph, 81–15, 124.01–81–15, 124.02, 81–15, 124.04– 81–15, 124.07. (Q) Nebraska Revised Statutes section 81–15, 125. (R) Nebraska Revised Statutes section 81–15, 126. (S) Nebraska Revised Statutes section 81–15, 127. (T) Nebraska Revised Statutes section 66–1501, et seq. [entire statute]. (U) Nebraska Revised Statutes section 25–328. (V) Nebraska Administrative Code, Title 159 Chapter 3.001–3.004. (W) Nebraska Administrative Code, Title 159 NAC Chapter 9.001. (X) Nebraska Administrative Code, Title 159 Chapter 11.004. (Y) Nebraska Administrative Code, Title 159 Chapter 13.003.01–13.003.03. (Z) Nebraska Administrative Code Title 115 Chapter 3.001.01, 3.002–3.013, 3.015. (AA) Nebraska Administrative Code Title 118 Chapter 3. (BB) Nebraska Administrative Code Title 118 Chapter 4. (CC) Nebraska Administrative Code Title 118 Chapter 5. (DD) Nebraska Administrative Code Title 118 Chapter 6.001. (EE) Nebraska Administrative Code Title 118 appendix A. (FF) Nebraska Administrative Code Title 126 Chapter 1.002–1.004, 1.006– 1.010, 1.012, 1.014–1.019, 1.023, 1.025– 1.029, 1.030.02, 1.032, 1.035, 1.039, 1.041–1.044, 1.046–1.047. (GG) Nebraska Administrative Code Title 126 Chapter 2. (HH) Nebraska Administrative Code Title 126 Chapter 3. (II) Nebraska Administrative Code Title 126 Chapter 4. (JJ) Nebraska Administrative Code Title 126 Chapter 5. E:\FR\FM\09DER1.SGM 09DER1 ddrumheller on DSK120RN23PROD with RULES1 Federal Register / Vol. 89, No. 236 / Monday, December 9, 2024 / Rules and Regulations (KK) Nebraska Administrative Code Title 126 Chapter 6. (LL) Nebraska Administrative Code Title 126 Chapter 7. (MM) Nebraska Administrative Code Title 126 Chapter 8. (NN) Nebraska Administrative Code Title 126 Chapter 9. (OO) Nebraska Administrative Code Title 126 Chapter 10. (PP) Nebraska Administrative Code Title 126 Chapter 11. (QQ) Nebraska Administrative Code Title 126 Chapter 12. (RR) Nebraska Administrative Code Title 126 Chapter 13. (SS) Nebraska Administrative Code Title 126 Chapter 14. (TT) Nebraska Administrative Code Title 126 Chapter 15. (UU) Nebraska Administrative Code Title 126 Chapter 16. (VV) Nebraska Administrative Code Title 126 Chapter 17. (WW) Nebraska Administrative Code Title 126 Chapter 19. (XX) Nebraska Administrative Code Title 126 appendix I. (YY) Nebraska Administrative Code Title 178 Chapter 1. (ZZ) Nebraska Administrative Code Title 178 Chapter 2. (AAA) Nebraska Administrative Code Title 178 Chapter 3. (BBB) Nebraska Administrative Code Title 178 Chapter 4. (CCC) Nebraska Administrative Code Title 178 Chapter 5. (DDD) Nebraska Administrative Code Title 178 Chapter 6. (EEE) Nebraska Administrative Code Title 178 Chapter 7. (FFF) Nebraska Administrative Code Title 178 Chapter 8. (GGG) Nebraska Administrative Code Title 178 Chapter 9. (HHH) Nebraska Administrative Code Title 178 Chapter 10. (III) Nebraska Administrative Code Title 178 Chapter 11. (JJJ) Nebraska Administrative Code Title 178 Chapters 12–04–12–05, 12–08, 12–10, 12–011.01B2, 12–012.08C, 12– 012.08G, the Waiver of Disinfection, and the following definitions found at Title 178, Chapter 12–002: Abandoned Water Well, Driven Sandpoint Well, Ground Water Heat Pump Well, Illegal Water Well, Inactive Status Water Well, Injection Well, Open Hole Well, Service connection, Special Irrigation District. (KKK) Nebraska Administrative Code Title 178 Chapter 13. (LLL) Nebraska Administrative Code Title 178 Chapter 14. (MMM) Nebraska Administrative Code Title 178 Chapter 15. (NNN) Nebraska Administrative Code Title 178 Chapter 16. VerDate Sep<11>2014 15:13 Dec 06, 2024 Jkt 265001 (OOO) Nebraska Administrative Code Title 178 Chapter 17. (PPP) Nebraska Administrative Code Title 178 Chapter 18. (QQQ) Nebraska Administrative Code Title 178 Chapter 19. (RRR) Nebraska Administrative Code Title 178 Chapter 20. (SSS) Nebraska Administrative Code Title 178 Chapter 21. (TTT) Nebraska Administrative Code Title 178 Chapter 22. (UUU) Nebraska Administrative Code Title 178 Chapter 23. (VVV) Nebraska Administrative Code Title 178 Chapter 24. (WWW) Nebraska Administrative Code Title 200 Chapter 1 [entire regulation]. (XXX) National Fire Protection Association 30: Flammable and Combustible Liquids Code (21.7.4.3.1– 21.7.4.3.3) 2012 Version. (2) Statement of legal authority. The ‘‘State of Nebraska Office of the Attorney General Letter’’, signed by the Nebraska Attorney General on August 17, 2022, though not incorporated by reference, are referenced as part of the approved underground storage tank program under Subtitle I of RCRA, 42 U.S.C. 6991 et seq. (3) Demonstration of procedures for adequate enforcement. The ‘‘Demonstration of Adequate Enforcement Procedures’’ submitted as part of the original application on September 8, 2023, and as part of the program revision application on September 8, 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 September 8, 2023, and as part of the program revision application on September 8, 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 Nebraska Department of Environmental Quality and the Nebraska State Fire Marshal’s Office, signed by the EPA Regional Administrator on February 10, 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. PO 00000 Frm 00099 Fmt 4700 Sfmt 4700 97557 3. Appendix A to part 282 is amended by adding an entry for ‘‘Nebraska’’ to read as follows: ■ Appendix A to Part 282—State Requirements Incorporated by Reference in Part 282 of the Code of Federal Regulations * * * * * Nebraska (a) The statutory provisions include: (1) Nebraska Revised Statutes section 81– 503.01(1)(h). (2) Nebraska Revised Statutes section 81– 1502(6)–(7), (10)–(11), (14), (20)–(22), (24)– (27), and (30). (3) Nebraska Revised Statutes section 81– 1504(31)–(32). (4) Nebraska Revised Statutes section 81– 15, 117. (5) Nebraska Revised Statutes section 81– 15, 118. (6) Nebraska Revised Statutes section 81– 15, 119(1)–(10), (10)(c)–(11). (7) Nebraska Revised Statutes section 81– 15, 123(1), (4)(a), (6)–(9), (11), (12) as it refers to training operators. (8) Nebraska Revised Statutes sections 81– 15, 124(1)–(2) and (3) first sentence. (9) Nebraska Revised Statutes sections 81– 15, 124.03. (b) The regulatory provisions include: (1) Nebraska Administrative Code Title 159 Chapter 1. (2) Nebraska Administrative Code Title 159 Chapter 2. (3) Nebraska Administrative Code, Title 159 Chapter 3 as it references 40 CFR 80.20(e)(2). (4) Nebraska Administrative Code Title 159 Chapter 4. (5) Nebraska Administrative Code Title 159 Chapter 5. (6) Nebraska Administrative Code Title 159 Chapter 6. (7) Nebraska Administrative Code Title 159 Chapter 7. (8) Nebraska Administrative Code Title 159 Chapter 8. (9) Nebraska Administrative Code Title 159 Chapter 9 as it adopts 40 CFR 280.90 through 280.115 by reference and 9.002. (10) Nebraska Administrative Code Title 159 Chapter 10. (11) Nebraska Administrative Code Title 159 Chapter 11.001–11.0003.02. (12) Nebraska Administrative Code Title 159 Chapter 12. (13) Nebraska Administrative Code Title 159 Chapter 13.001–13.002, 13.004–13.008. (14) Nebraska Administrative Code Title 159 Chapter 14. (15) Nebraska Administrative Code Title 115 Chapter 3.001.02, 3.014, 3.016–3.018. (16) Nebraska Administrative Code Title 118 Chapter 1. (17) Nebraska Administrative Code Title 118 Chapter 2. (18) Nebraska Administrative Code Title 118 Chapter 6.002. (19) Nebraska Administrative Code Title 118 Chapter 7. (20) Nebraska Administrative Code Title 118 appendix B. E:\FR\FM\09DER1.SGM 09DER1 97558 Federal Register / Vol. 89, No. 236 / Monday, December 9, 2024 / Rules and Regulations (21) Nebraska Administrative Code Title 126 Chapter 1.001, 1.005, 1.011, 1.013, 1.020–1.022, 1.024, 1.030.01, 1.031, 1.033– 1.034, 1.036–1.038, 1.040, 1.045. (22) Nebraska Administrative Code Title 126 Chapter 18. (23) Nebraska Administrative Code Title 178 Chapters 12.001, 12–03, 12–06—12–07, 12–09, 12–011.01—12–011.01B1, 12– 011.01C—12–012.08B, 12–012.08D—12– 012.08F2, 12–012.09—12–14, the tables and figures, and the following definitions found at Title 178, Chapter 12–002 Annular Fill, Annular Space, Aquifer, Aquifer Seal, Primary Aquifer Seal, Surface Seal, Backflow Preventer, Bentonite, Bentonite Seal, Bored or Dug Well, Casing, Cesspool, Clay, Community Water System, Confining Layer, Construction of Water Wells, Contamination, Decommissioned when used in relation to a water well, Department, Dewatering Well, Discharge Pipe, Distribution Piping, Good Cause, Gravel Pack, Ground Water, Grout, Installation of Pumps and Pumping Equipment, Monitoring Well, Non-potable Well, Observation Well, Person, Pitless Unit, Pollution, Potable Well, Primary Aquifer Seal, Public Water System, (Licensed) Pump Installation Contractor, (Licensed) Pump Installation Supervisor, Pumps and Pumping Equipment, Recovery Well, Sanitary Well Seal, Screen Apertures, Screened Vent, Secure Cover or Cap, Seepage Pit, Septic Tank, Soil Absorption System (Septic Lateral Field), Static Water Level, Substantially Equivalent, Subsurface Disposal System, Supervision or its derivatives, Surface Seal, Test Hole, Tremie Pipe, Watertight Casing, Watertight Secure Cover, Water Well, (Licensed) Water Well Contractor, (Licensed) Water Well Drilling Supervisor, Well Development, Well Pit, Well Screen. [FR Doc. 2024–28140 Filed 12–6–24; 8:45 am] BILLING CODE 6560–50–P DEPARTMENT OF HEALTH AND HUMAN SERVICES 42 CFR Part 11 [Docket No. NIH–2024–0001] RIN 0925–AA71 Clinical Trials Registration and Results Information Submission AGENCY: National Institutes of Health, HHS. Final rule; technical amendment. ACTION: The Department of Health and Human Services (HHS), through the National Institutes of Health (NIH), is amending its regulation governing clinical trials registration and results information submission to update throughout the regulation the internet web address or uniform resource locator (URL) of the site that provides information about formatting of information for submission, procedures, and tools as specified in the regulation. ddrumheller on DSK120RN23PROD with RULES1 SUMMARY: VerDate Sep<11>2014 15:13 Dec 06, 2024 Jkt 265001 This final rule is effective December 9, 2024. DATES: FOR FURTHER INFORMATION CONTACT: Daniel Hernandez, NIH Regulations Officer, Office of Management Assessment, Division of Management Support, 6011 Executive Boulevard, Suite 601, Rockville, Maryland 20852– 7669, telephone 301–435–3343, email dhernandez@od.nih.gov. SUPPLEMENTARY INFORMATION: NIH is completing a multiyear initiative to modernize the ClinicalTrials.gov website to deliver an improved user experience on an updated platform that enhances efficiency. The modernized website integrates content from the prsinfo.clinicaltrials.gov website, which is referenced in several sections of 42 CFR part 11 as the web address for obtaining information on formatting and other guidance, into the centralized ClinicalTrials.gov website at https:// clinicaltrials.gov for convenience and ease of access. This address change necessitates amending the regulation to update the URL for the prsinfo.clinicaltrials.gov successor site. NIH considered other options and concluded that this final rule technical amendment is necessary because the current codified URL is referenced throughout the regulation itself (i.e., as opposed to the Preamble alone). Moreover, the ‘‘or successor site’’ modifier is not always used in the regulation; for example, 42 CFR 11.8 states ‘‘Information submitted under this part must be submitted electronically to ClinicalTrials.gov, in the format specified at https:// prsinfo.clinicaltrials.gov.’’ The address change necessitates amending the regulation codified at 42 CFR part 11 by removing the URL address https://prsinfo.clinicaltrials.gov wherever it appears in part 11, and adding, in its place, the URL https:// clinicaltrials.gov or successor site. Specifically, this action results in removing the URL https:// prsinfo.clinicaltrials.gov and adding, in its place, the URL https:// clinicaltrials.gov or successor site in §§ 11.4(c)(2)(ii) and (c)(3), 11.8, 11.44(e)(3)(i), 11.48(a)(5) and (b), 11.54(a)(1) and (b)(1), and 11.64(b)(1) in part 11. Amending the regulation is time sensitive, as NIH completed integration of content from the prsinfo.clinicaltrials.gov website into the modernized ClinicalTrials.gov website in June 2024. The address change is cost neutral, editorial in nature, and does not impose any new regulatory requirements on affected parties. PO 00000 Frm 00100 Fmt 4700 Sfmt 4700 Matters of Regulatory Procedure Administrative Procedure Act Publication of this document constitutes final action on these changes under the Administrative Procedure Act (APA) (5 U.S.C. 553). The APA generally exempts rules from the requirements of notice and comment rulemaking when an agency ‘‘for good cause finds (and incorporates the finding and a brief statement of reasons therefor in the rule issued) that notice and public procedure thereon are impracticable, unnecessary, or contrary to the public interest’’ (5 U.S.C. 553(b)(B)). HHS has determined that notice and public comment are unnecessary because this amendment to the regulation provides only technical or non-substantive, administrative changes to specify the location of information about formatting of information for submission, procedures, and tools as specified in the regulation. Additionally, HHS finds good cause for these amendments to become effective on the date of publication of this rulemaking action. The APA allows an effective date of less than 30 days after publication as ‘‘provided by the agency for good cause found and published with the rule’’ (5 U.SC. 553(d)(3). A delayed effective date is unnecessary in this case because the amendments do not impose any new regulatory requirements on affected parties. As a result, affected parties do not need time to prepare before the rule takes effect. Therefore, HHS finds good cause for this correction to become effective on the date of publication of this rulemaking action. Further, it is in the public interest that correct and up-to-date information be contained in the affected sections of the regulation at 42 CFR part 11 as soon as possible. Regulatory Impact Analysis NIH examined the impacts of this rule under Executive Order 12866, Regulatory Planning and Review; Executive Order 13563, Improving Regulation and Regulatory Review; Executive Order 14094, Modernizing Regulatory Review; Executive Order 13132, Federalism; the Regulatory Flexibility Act (5 U.S.C. 601–612); and the Unfunded Mandates Reform Act of 1995 (Pub. L. 104–4). Executive Orders 12866, 13563, and 14094 Executive Orders 12866 and 13563 direct agencies to assess all costs and benefits of available regulatory alternatives and, if regulation is E:\FR\FM\09DER1.SGM 09DER1

Agencies

[Federal Register Volume 89, Number 236 (Monday, December 9, 2024)]
[Rules and Regulations]
[Pages 97550-97558]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-28140]


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ENVIRONMENTAL PROTECTION AGENCY

 40 CFR Part 282

[EPA-R07-UST-2024-0452; FRL-12274-03-R7]


Nebraska: 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 Nebraska's 
Underground Storage Tank (UST) program submitted by the Nebraska State 
Marshal (NSFM). This action also codifies EPA's approval of Nebraska'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 the RCRA and other applicable statutory 
and regulatory provisions.

DATES: This rule is effective February 7, 2025, unless EPA receives 
adverse comment by January 8, 2025. 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 February 7, 2025, 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-
2024-0452.
    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 https://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 https://www.regulations.gov or by 
contacting Marie Blankenship at (913) 551-7908 or 
[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: Marie Blankenship, Tanks, Toxics, and 
Pesticides Branch, Land, Chemical, and Redevelopment Division, U.S. 
Environmental Protection Agency, Region 7, 11201 Renner Boulevard, 
Lenexa, Kansas 66219; telephone number: (913) 551-7908; email address: 
[email protected].

SUPPLEMENTARY INFORMATION: 

I. Approval of Revisions to Nebraska'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 no less stringent than the Federal UST 
program. Either EPA or the approved State 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.

[[Page 97551]]

B. What decisions has the EPA made in this rule?

    On September 8, 2023, in accordance with 40 CFR 281.51(a), Nebraska 
submitted a complete program revision application seeking the EPA 
approval for its UST program revisions (State Application). Nebraska's 
revisions correspond to the EPA final rule published on July 15, 2015 
(80 FR 41566), which revised the 1988 UST regulations and the 1988 
State program approval (SPA) regulations (2015 Federal Revisions). As 
required by 40 CFR 281.20, the State Application contains the 
following: a transmittal letter requesting approval, a description of 
the program and operating procedures, a demonstration of the State's 
procedures 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 Nebraska's UST program are no less stringent than the corresponding 
Federal requirements in subpart C of 40 CFR part 281, and that the 
Nebraska program provides for adequate enforcement of compliance (40 
CFR 281.11(b)). Therefore, the EPA grants Nebraska 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 Nebraska 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 Nebraska previously been approved?

    On August 19, 2002, the EPA finalized a rule approving the Nebraska 
UST program, effective September 18, 2002, to operate in lieu of the 
Federal program. The State's program has not previously been codified.

G. What changes are we approving with this action?

    On September 8, 2023, in accordance with 40 CFR 281.51(a), Nebraska 
submitted a complete application for final approval of its UST program 
revisions adopted on July 15, 2015. The EPA now makes an immediate 
final decision, subject to receipt of written comments that oppose this 
action, that Nebraska's UST program revisions satisfy all of the 
requirements necessary to qualify for final approval. Therefore, EPA 
grants Nebraska final approval for the following program changes:

------------------------------------------------------------------------
       Required Federal element           Implementing State authority
------------------------------------------------------------------------
40 CFR 281.30, New UST Systems and     Title 159 NAC Chapter 2; Chapter
 Notification.                          3, intro; Chapter 4, section
                                        001; Chapter 6, section 001.
40 CFR 281.31, Upgrading Existing UST  Title 159 NAC Chapter 6.
 Systems.
40 CFR 281.32, General Operating       Title 159 NAC Chapter 4, section
 Requirements.                          001, section 001.1A; Chapter 5;
                                        Chapter 6, sections 001-007;
                                        Chapter 7, section 006; Chapter
                                        10, section 006.
40 CFR 281.33, Release Detection.....  Title 159 NAC Chapter 4; Chapter
                                        7, sections 001-006; Chapter 14;
                                        Title 17 NAC Chapter 12.
40 CFR 281.34, Release Reporting,      Title 159 NAC Chapter 6, section
 Investigation, and Confirmation.       005; Chapter 8, section 001-005;
                                        Title 126 NAC Chapter 18,
                                        sections 002.01, 002.01C,
                                        002.01D, 002.02-005, 007.02.
40 CFR 281.35, Release Response and    Title 159 NAC Chapter 8, sections
 Corrective Action.                     001, 003-005; Title 126 NAC
                                        Chapter 18, sections 003-007;
                                        Title 118 NAC Chapter 1-2 6.002-
                                        7, 10-11 and appendix B; Title
                                        115 NAC Chapter 3, sections 001,
                                        001.02, 014, 016-018.
40 CFR 281.36, Out-of-service Systems  Title 159 NAC Chapter 10,
 and Closure.                           sections 001-005.
40 CFR 281.37, Financial               Title 159 NAC Chapter 9 as it
 Responsibility for USTs Containing     references 40 CFR 280.90 through
 Petroleum.                             280.115.
40 CFR 281.38 Lender Liability.......  Title 159 NAC Chapter 9, section
                                        002.
40 CFR 281.39, Operator Training.....  Title 159 NAC Chapter 13,
                                        sections 001-002, 003.04-008.02.
40 CFR 281.40 Legal Authorities for    Title 159 NAC Chapter 6; Chapter
 Compliance Monitoring.                 12; Chapter 13, section 002.
40 CFR 281.41, Legal Authorities for   Title 159 NAC Chapter 6; Title
 Enforcement Response.                  126 NAC Chapter 18, section 008.
------------------------------------------------------------------------

    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 Nebraska State Fire Marshal (NSFM) 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 Nebraska Revised 
Statutes, Chapters sections 81-15, 117 to 81-15, 127, sections 81-501 
to 81-512, and section 66-1501 to 66-1531, and Nebraska Administrative 
Code, Title 159. The Nebraska Department of Environment and Energy 
(NDEE) has broad statutory authority for corrective action and the

[[Page 97552]]

administration of the State remedial action fund. These statutory 
authorities are found in: sections 81-1501 to 81-1532, N.R.S., and 
Titles 115, 118, 126, 178, and 200, NAC. These authorities address 
rules of practice and procedure, ground water quality standards and 
cleanup requirements, release reporting and follow-up, and the 
Petroleum Release Remedial Action Reimbursement Fund.

H. Where are the revised rules different from the Federal rules?

Broader in Scope Provisions
    Where an approved State program has a greater scope of coverage 
than required by Federal law, the additional coverage is not part of 
the federally-approved program and is not federally enforceable (40 CFR 
281.12(a)(3)(ii)). The following Nebraska requirements are considered 
``broader in scope'' than the Federal program:
    The NSFM has responsibilities with a greater scope of coverage than 
required by Federal law. NRS section 81-502.
    The NSFM has responsibilities for rules and regulations; 
enforcement; and State procedure with a greater scope of coverage than 
required by Federal law. NRS section 81-502.04.
    The NSFM has duties with a greater scope of coverage than required 
by Federal law. NRS section 81-503.01(a)-(g), (i).
    The NSFM has its own authority to enter and conduct inspections 
when authorized. NRS section 81-512.
    The Nebraska Protection Act defines terms not subject to the UST 
program. NRS sections 81-1502(1)-(5), (8)-(9), (12)-(13), (15)-(19), 
(23), (28)-(29), and (31)-(38).
    The NDEE has duties with a greater scope of coverage than required 
by Federal law. NRS section 81-1504(1)-(30), (33)-(58).
    The Nebraska Environmental Quality Council has responsibilities to 
adopt and promulgate rules and regulations; standards of air, land and 
water with a greater scope of coverage than required by Federal law. 
NRS section 81-1505.
    The Director of the NDEE is authorized to bring State enforcement 
for violations of State law under a state authority for hearings and 
issuing orders, requiring monitoring, investigations and corrective 
action. NRS section 81-1507.
    The NDEE is authorized to pursue State civil penalties and 
injunctive relief. NRS sections 81-1508, 81-1508.01, and 81-1508.02.
    The NDEE is authorized to perform inspections and execute search 
warrants under State authority. NRS section 81-1511.
    Portions of the Nebraska UST provisions are applicable to heating 
oil tanks of greater than 1,100 gallon capacity. NRS section 81-15, 
119(10)(b).
    Nebraska requires that owners of farm, residential, and heating oil 
tank systems of less than 1,100 gallon capacity to register such tank 
systems and pay a one-time registration fee. NRS sections 81-
15,119(10)(a) and 81-15-120.
    Nebraska establishes permitting requirements on owners and 
operators of UST systems (e.g., registration, operating, installation, 
closure). NRS section 81-15, 121.
    Nebraska establishes procedures for the denial or revocation of 
State issued permits. NRS section 81-15-122.
    Nebraska establishes procedures for a permit and registration 
system for all tanks; an inspection fee; inventory-control procedures; 
procedures for notification of temporarily or permanently abandoned 
tanks; and procedures for licensing tank installation and removal 
contractors. NRS sections 81-15-123(2)-(3), (4)(b), (5), (10), and (12) 
as it refers to certification and subcontractors.
    Nebraska sets deadlines for NDEE approval or disapproval of 
remedial action plans; establishes procedures for the reimbursement of 
expenses paid by the owner or operator; establishes procedures for the 
NDEE to prepare a remedial action plan and implement the plan in the 
event of an unknown or unavailable owner or operator of a facility 
causing a release; provides that the Environmental Quality Council 
establish standards; provides access under State law; provides for NDEE 
briefing and certificates of completion for work completed under a 
remedial action plan. NRS sections 81-15, 124(2) second and third 
sentence, 81-15, 124(3) second sentence and full second paragraph, 81-
15, 124.01-81-15, 124.02, 81-15, 124.04-81-15, 124.07.
    Nebraska establishes a process for penalties and actions to enjoin 
for violations of the Petroleum Products and Hazardous Substances 
Storage and Handling act under State law. NSR section 81-15, 125-81-15, 
126.
    Nebraska requires notice of registration and duty to provide the 
notice. NSR section 81-15, 127.
    The Nebraska remedial fund is structured to reimburse owners and 
operators of both USTs and aboveground storage tanks for allowable 
costs of remedial action and third party claims. NRS section 66-1501, 
et seq.
    Nebraska provides intervention in a matter in litigation under 
State law. NSR section 25-328.
    Nebraska requires contractor licensure and certification for tank 
installation and removal contractors. Title 159 NAC Chapter 3.001-
3.004.
    Nebraska requires all owners and operators to comply with Nebraska 
financial responsibilities requirements for all categories of UST 
system owner or operators as of the effective date of the regulations 
with no extensions or deferrals or comply with the federal financial 
responsibility requirements. Title 159 NAC Chapter 9.001 and Title 200 
NAC Chapter 1 [entire regulation].
    Nebraska mandates that fuel distributors, or any person who 
deposits regulated substances in an UST system, are required to notify 
owners and operators of the registration requirements. Title 159 NAC 
Chapter 11.004.
    Nebraska establishes approval standards for UST training courses 
and trainers. Title 159 NAC Chapter 13.003.01-13.003.03.
    Nebraska establishes minimum requirements for public hearings for 
permit decisions which by statue or other agency regulations provide 
for public notice, public review and comment, and an opportunity to 
request a public hearing before making a final permit decision. Title 
115 NAC Chapter 3.001.01, 3.002-3.013, and 3.015.
    Nebraska establishes antidegradation; beneficial uses; narrative 
and numerical standards and sample collections. Title 118 NAC Chapter 
3.
    Nebraska has procedures to establish narrative and numerical 
standards for groundwater classification. Title 118 NAC Chapter 4.
    Nebraska establishes procedures for changing a groundwater 
classification. Title 118 NAC Chapter 5.
    Nebraska establishes remedial action provisions for point source 
pollution events for non-petroleum releases. Title 118 NAC Chapter 
6.001 and appendix A.
    Nebraska establishes definitions for the management of waste with a 
greater scope of coverage than required by Federal law. Title 126, NAC 
Chapter 1.002-1.004, 1.006-1.010, 1.012, 1.014-1.019, 1.023, 1.025-
1.029, 1.030.02, 1.032, 1.035, 1.039, 1.041-1.044, 1.046-1.047.
    Nebraska establishes provisions for waste management permits and 
licenses; land application of paunch; and fertilizer and pesticide 
wastewater with a greater scope of coverage than required by Federal 
law. Nebraska also reserves chapters for future use. Title 126 NAC 
Chapters 2-17, 19 and appendix I.
    Nebraska establishes provisions for rules and regulations related 
to:

[[Page 97553]]

recreation camps; design construction; operation and maintenance of 
public swimming pools; rules, regulations and standards governing 
mobile home parks; clean indoor air; fees for inspection of private 
water supply or private sewage disposal facilities; rules and 
regulations governing a private well; licensure under the water well 
standards and contractors' practice act; fees under the water well 
standards and contractors' practice act; water well standards and 
contractors' licensing board; asbestos projects; lead based paint 
activities; and methamphetamine cleanups with a greater scope of 
coverage than required by Federal law. Nebraska also reserves chapters 
for future use. Title 178 NAC Chapters 1-11, 13-24.
    The following definitions associated with well installation are not 
applicable to the UST program: Abandoned Water Well, Driven Sandpoint 
Well, Ground Water Heat Pump Well, Illegal Water Well, Inactive Status 
Water Well, Injection Well, Open Hole Well, Service connection, Special 
Irrigation District. Title 178 NAC Chapter 12-002.
    Nebraska establishes procedures for the installation of potable 
well construction; non-potable well construction; public water supply 
systems; ground water heat pump wells; installation of pumps and 
pumping equipment as it relates to disinfection associated with potable 
wells; and procedures for driven sandpoint wells and closed loop heat 
pump wells. Nebraska further offers a Waiver of Disinfection. Title NAC 
178 Chapter 12-04-12-05, 12-08, 12-10, 12-011.01B2, 12-012.08C, 12-
012.08G, and Waiver of Disinfection.
    Nebraska requires owners and operators of UST systems that 
permanently closed between December 22, 1988, and January 1, 1989, to 
close such UST systems when directed to do so by the NSFM. NFPA 30: 
Flammable and Combustible Liquids Code (21.7.4.3.1-21.7.4.3.3) 2012 
Version.
    Nebraska requires UST system owners and operators to have a 
tightness test performed on tanks and piping prior to placing the tank 
system back into service after receiving an extension to the 12-month 
temporary closure period. National Fire Protection Association 30: 
Flammable and Combustible Liquids Code (21.7.4.3.1-21.7.4.3.3) 2012 
Version.
More Stringent Provisions
    Nebraska limits the means by which owners and operators can 
demonstrate compliance with installation of a new UST system. Only an 
installer that has been certified or licensed by the State can provide 
certification of compliance on the UST notification form. Title 159 NAC 
Chapter 3 as it incorporates 40 CFR 280.20(e)(2).
    Nebraska requires additional design and installation standards for 
new UST systems. Title 159 NAC Chapter 4.001.01-4.001.07.
    The Federal program requires all cathodic protection systems to be 
tested within 6 months of installation. Nebraska general operating 
requirements for existing UST systems require annual testing for 
impressed current cathodic protection systems after the initial 
testing. Title 159 NAC Chapter 6.002.01A1.
    Nebraska general operating requirements for existing UST systems 
requires repaired tanks, piping, overfill, and spill prevention 
equipment be tested prior to placing the system back into service, or 
30 days following the date of completion of the repair, whichever 
occurs first. Title 159 NAC Chapter 6.004.01.
    Nebraska general operating requirements for existing UST systems 
requires additional record-keeping and reporting. Title 159 NAC Chapter 
6.005-6.006.
    Nebraska general operating requirements for existing UST systems 
requires that if a ball float is to be abandoned in place, a drop tube 
shut off or audible alarm will be set at 85 percent tank capacity to 
prevent overfill. Title 159 NAC Chapter 6.006.01.
    Nebraska excludes all UST systems larger than 1,100 gallons used to 
store heating oil from all release detection requirements except that 
they must instead perform the manual tank gauging procedures in 40 CFR 
280.43(b) on a monthly basis from April 1 to November 1. Title 159 NAC 
Chapter 7.001.01.
    Nebraska release detection requirements require owners and 
operators to conduct and record the daily product inventory control 
requirements as described in 40 CFR 280.43(a)(1)-(6) for all new and 
existing UST systems. However, UST systems eligible for and utilizing 
manual tank gauging in accordance with 40 CFR 280.43(b), do not need to 
meet the daily inventory requirement. Title 159 NAC Chapter 7.004.
    Nebraska release and suspected release reporting requires 
notification to NSFM and NDEE within 24 hours by the owner and operator 
of the tank. Title 159 NAC Chapter 8.005.
    Nebraska site assessment at closure or change-in-service requires 
sampling analysis, in- place closure assessment, removal closure 
assessment, tank excavation requirements, line excavation assessment, 
and reporting requirements. Title 159 NAC Chapter 10.003-10.004.
    Nebraska operator training requirements for Class A, Class B, and 
Class C operators establish owner and operator responsibilities, 
operator training requirements, operator examination requirements, 
reciprocity, timing of operator training, operator retraining and owner 
and operator documentation. Title 159 NAC Chapter 13.001-13.002, 
13.003.04-13.003.05, 13.004-13.008.
    Nebraska establishes ground water quality standards and use 
classifications for ground water regulatory programs. Title 118 NAC 
Chapter 1-2, 6.002, 7, appendix B.
    Nebraska establishes water well construction, pump installation and 
water well decommissioning standards for dewatering wells, ground water 
monitoring and recovery wells, and test holes. Nebraska further 
provides for declaratory orders about substantially equivalent 
procedures or materials and variances. Title 178 NAC Chapter 12.001, 
12-03, 12-06-12-07, 12-09, 12-011.01-12-011.01B1, 12-011.01C-12-
012.08B, 12-012.08D-12-012.08F2, 12-012.09-12-14, the tables and 
figures, and the following definitions found at Title 178, Chapter 12-
002 Annular Fill, Annular Space, Aquifer, Aquifer Seal, Primary Aquifer 
Seal, Surface Seal, Backflow Preventer, Bentonite, Bentonite Seal, 
Bored or Dug Well, Casing, Cesspool, Clay, Community Water System, 
Confining Layer, Construction of Water Wells, Contamination, 
Decommissioned when used in relation to a water well, Department, 
Dewatering Well, Discharge Pipe, Distribution Piping, Good Cause, 
Gravel Pack, Ground Water, Grout, Installation of Pumps and Pumping 
Equipment, Monitoring Well, Non-potable Well, Observation Well, Person, 
Pitless Unit, Pollution, Potable Well, Primary Aquifer Seal, Public 
Water System, (Licensed) Pump Installation Contractor, (Licensed) Pump 
Installation Supervisor, Pumps and Pumping Equipment, Recovery Well, 
Sanitary Well Seal, Screen Apertures, Screened Vent, Secure Cover or 
Cap, Seepage Pit, Septic Tank, Soil Absorption System (Septic Lateral 
Field), Static Water Level, Substantially Equivalent, Subsurface 
Disposal System, Supervision or its derivatives, Surface Seal, Test 
Hole, Tremie Pipe, Watertight Casing, Watertight Secure Cover, Water 
Well, (Licensed) Water Well Contractor, (Licensed) Water Well Drilling 
Supervisor, Well Development, Well Pit, Well Screen.

[[Page 97554]]

II. Codification

A. What is codification?

    Codification is the process of placing a State's statutes and 
regulations that comprise the State 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 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 Nebraska's UST program?

    The EPA has not previously incorporated by reference and codified 
Nebraska's approved UST program. Through this action, the EPA is 
incorporating by reference and codifying Nebraska's State program in 40 
CFR 282.77 to include the program and 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 Nebraska 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 https://www.regulations.gov or by contacting the EPA 
Region 7 contact listed in the ADDRESSES section of this preamble.
    The purpose of this Federal Register document is to codify 
Nebraska's approved UST program. The codification reflects the State 
program that would be in effect at the time EPA's approved revisions to 
the Nebraska UST program addressed in this direct final rule become 
final. The document incorporates by reference Nebraska's UST statutes 
and regulations and clarifies which of these provisions are included in 
the approved and federally enforceable program. By codifying the 
approved Nebraska program and by amending the CFR, the public will more 
easily be able to discern the status of the federally-approved 
requirements of the Nebraska program.
    EPA is incorporating by reference the Nebraska approved UST program 
in 40 CFR 282.77. Section 282.77(d)(1)(i) incorporates by reference for 
enforcement purposes the State's statutes and regulations.
    Section 282.77 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 Nebraska'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 Nebraska 
procedural and enforcement authorities. Section 282.77(d)(1)(ii) of 40 
CFR lists those approved Nebraska 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 282.77(d)(1)(iii) lists for reference 
and clarity the Nebraska 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 Nebraska'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. 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.

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.

[[Page 97555]]

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 State 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 States the criteria required by RCRA. It would 
thus be inconsistent with applicable law for EPA, when it reviews a 
State approved 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; and 
Executive Order 14096: Revitalizing Our Nation's Commitment to 
Environmental Justice for All

    Executive Order 12898 (59 FR 7629, February 16, 1994) and Executive 
Order 14096 (88 FR 25251, April 26, 2023) direct 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 and there are no anticipated significant adverse human 
health or environmental effects, this rule is not subject to Executive 
Order 12898 or Executive Order 14096.

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 February 7, 
2025 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, Indians-lands, Insurance, Intergovernmental relations, 
Oil pollution, Penalties, Petroleum, Reporting and recordkeeping 
requirements, State and local governments, Surety bonds, Underground 
storage tanks, Water pollution control, Water supply.

    Dated: November 22, 2024.
Meghan A. McCollister,
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. Add Sec.  282.77 to read as follows:


Sec.  282.77  Nebraska State-Administered Program.

    (a) History of the approval of Nebraska's program. The State of 
Nebraska 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 program, as administered by the Nebraska 
State Fire Marshal, was approved by EPA pursuant to 42 U.S.C. 6991c and 
part 281 of this Chapter. EPA approved the Nebraska program on August 
19, 2002, and it was effective on September 18, 2002. A subsequent 
program revision application was approved by EPA and became effective 
on February 7, 2025.
    (b) Enforcement authority. Nebraska 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, 
Nebraska 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 Nebraska 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.

[[Page 97556]]

    (d) Final program approval. Nebraska has final approval for the 
following elements of its program application originally submitted to 
EPA and approved on August 19, 2002 and effective September 18, 2002, 
and the program revision application approved by EPA, effective on 
February 7, 2025:
    (1) State statutes and regulations--(i) Incorporation by reference. 
The provisions cited in this paragraph, and listed in appendix A to 
part 282, are incorporated by reference as part of the underground 
storage tank program under Subtitle I of RCRA, 42 U.S.C. 6991 et seq. 
The Director of the Federal Register approves this incorporation by 
reference in accordance with 5 U.S.C. 552(a) and 1 CFR part 51. You may 
obtain copies of the Nebraska regulations and statutes that are 
incorporated by reference in this paragraph from the Nebraska State 
Fire Marshal website at: https://sfm.nebraska.gov or the Nebraska State 
Fire Marshal Agency, 246 South 14th Street, Suite 1, Lincoln, NE 68508-
1804. You may inspect all approved material at the EPA Region 7 Office, 
11201 Renner Boulevard, Lenexa, KS 66219; telephone number: (913) 551-
7908; or the National Archives and Records Administration (NARA). For 
information on the availability of this material at NARA, visit 
www.archives.gov/federal-register/cfr/ibr-locations or email 
[email protected].
    (A) EPA-Approved Nebraska Statutory Requirements Applicable to the 
Underground Storage Tank Program, September 2024.
    (B) EPA-Approved Nebraska Regulatory Requirements Applicable to the 
Underground Storage Tank Program, September 2024.
    (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:
    (A) Nebraska Revised Statutes section 81-502.
    (B) Nebraska Revised Statutes section 81-502.04.
    (C) Nebraska Revised Statutes section 81-503.01.
    (D) Nebraska Revised Statutes section 81-512.
    (E) Nebraska Revised Statutes section 81-1502.
    (F) Nebraska Revised Statutes section 81-1504.
    (G) Nebraska Revised Statutes section 81-1505.
    (H) Nebraska Revised Statutes section 81-1507.
    (I) Nebraska Revised Statutes sections 81-1508, 81-1508.01--81-
1508.02.
    (J) Nebraska Revised Statutes section 81-1511.
    (K) Nebraska Revised Statutes section 81-15, 117.
    (L) Nebraska Revised Statutes section 81-15, 118.
    (M) Nebraska Revised Statutes section 81-15, 119.
    (N) Nebraska Revised Statutes section 81-15, 120.
    (O) Nebraska Revised Statutes section 81-15, 121.
    (P) Nebraska Revised Statutes section 81-15, 122.
    (Q) Nebraska Revised Statutes section 81-15, 123.
    (R) Nebraska Revised Statutes sections 81-15, 124, 81-15, 124.01-
81-15, 124.07.
    (S) Nebraska Revised Statutes section 81-15, 125.
    (T) Nebraska Revised Statutes section 81-15, 126.
    (U) Nebraska Revised Statutes section 81-15, 127.
    (V) Nebraska Revised Statutes section 66-1531, et seq.
    (W) Nebraska Revised Statutes section 25-328.
    (X) Nebraska Administrative Code Title 159 Chapters 1-14.
    (Y) Nebraska Administrative Code Title 115 Chapter 3.
    (Z) Nebraska Administrative Code Title 118 Chapters 1-7, appendix A 
and B.
    (AA) Nebraska Administrative Code Title 126 Chapters 1-19, appendix 
A.
    (BB) Nebraska Administrative Code Title 178 Chapters 1-24.
    (CC) Nebraska Administrative Code Title 200 Chapter 1.
    (DD) National Fire Protection Association 30: Flammable and 
Combustible Liquids Code (21.7.4.3.1-21.7.4.3.3) 2012 Version.
    (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) Nebraska Revised Statutes section 81-502.
    (B) Nebraska Revised Statutes section 81-502.04.
    (C) Nebraska Revised Statutes section 81-503.01(1)(a)-(g), (i).
    (D) Nebraska Revised Statutes section 81-512.
    (E) Nebraska Revised Statutes section 81-1502(1)-(5), (8)-(9), 
(12)-(13), (15)-(19), (23), (28)-(29), and (31)-(38).
    (F) Nebraska Revised Statutes section 81-1504(1)-(30), (33)-(58).
    (G) Nebraska Revised Statutes section 81-1505.
    (H) Nebraska Revised Statutes section 81-1507.
    (I) Nebraska Revised Statutes sections 81-1508, 81-1508.01, 81-
1508.02.
    (J) Nebraska Revised Statutes section 81-1511.
    (K) Nebraska Revised Statutes section 81-15, 119(10)(a)-(b).
    (L) Nebraska Revised Statutes section 81-15, 120.
    (M) Nebraska Revised Statutes section 81-15, 121.
    (N) Nebraska Revised Statutes section 81-15, 122.
    (O) Nebraska Revised Statutes section 81-15, 123(2)-(3), (4)(b), 
(5), (10), (12) as it refers to certification and subcontractors.
    (P) Nebraska Revised Statutes sections 81-15, 124(2) second and 
third sentence, 81-15,124(3) second sentence and full second paragraph, 
81-15, 124.01-81-15, 124.02, 81-15, 124.04-81-15, 124.07.
    (Q) Nebraska Revised Statutes section 81-15, 125.
    (R) Nebraska Revised Statutes section 81-15, 126.
    (S) Nebraska Revised Statutes section 81-15, 127.
    (T) Nebraska Revised Statutes section 66-1501, et seq. [entire 
statute].
    (U) Nebraska Revised Statutes section 25-328.
    (V) Nebraska Administrative Code, Title 159 Chapter 3.001-3.004.
    (W) Nebraska Administrative Code, Title 159 NAC Chapter 9.001.
    (X) Nebraska Administrative Code, Title 159 Chapter 11.004.
    (Y) Nebraska Administrative Code, Title 159 Chapter 13.003.01-
13.003.03.
    (Z) Nebraska Administrative Code Title 115 Chapter 3.001.01, 3.002-
3.013, 3.015.
    (AA) Nebraska Administrative Code Title 118 Chapter 3.
    (BB) Nebraska Administrative Code Title 118 Chapter 4.
    (CC) Nebraska Administrative Code Title 118 Chapter 5.
    (DD) Nebraska Administrative Code Title 118 Chapter 6.001.
    (EE) Nebraska Administrative Code Title 118 appendix A.
    (FF) Nebraska Administrative Code Title 126 Chapter 1.002-1.004, 
1.006-1.010, 1.012, 1.014-1.019, 1.023, 1.025-1.029, 1.030.02, 1.032, 
1.035, 1.039, 1.041-1.044, 1.046-1.047.
    (GG) Nebraska Administrative Code Title 126 Chapter 2.
    (HH) Nebraska Administrative Code Title 126 Chapter 3.
    (II) Nebraska Administrative Code Title 126 Chapter 4.
    (JJ) Nebraska Administrative Code Title 126 Chapter 5.

[[Page 97557]]

    (KK) Nebraska Administrative Code Title 126 Chapter 6.
    (LL) Nebraska Administrative Code Title 126 Chapter 7.
    (MM) Nebraska Administrative Code Title 126 Chapter 8.
    (NN) Nebraska Administrative Code Title 126 Chapter 9.
    (OO) Nebraska Administrative Code Title 126 Chapter 10.
    (PP) Nebraska Administrative Code Title 126 Chapter 11.
    (QQ) Nebraska Administrative Code Title 126 Chapter 12.
    (RR) Nebraska Administrative Code Title 126 Chapter 13.
    (SS) Nebraska Administrative Code Title 126 Chapter 14.
    (TT) Nebraska Administrative Code Title 126 Chapter 15.
    (UU) Nebraska Administrative Code Title 126 Chapter 16.
    (VV) Nebraska Administrative Code Title 126 Chapter 17.
    (WW) Nebraska Administrative Code Title 126 Chapter 19.
    (XX) Nebraska Administrative Code Title 126 appendix I.
    (YY) Nebraska Administrative Code Title 178 Chapter 1.
    (ZZ) Nebraska Administrative Code Title 178 Chapter 2.
    (AAA) Nebraska Administrative Code Title 178 Chapter 3.
    (BBB) Nebraska Administrative Code Title 178 Chapter 4.
    (CCC) Nebraska Administrative Code Title 178 Chapter 5.
    (DDD) Nebraska Administrative Code Title 178 Chapter 6.
    (EEE) Nebraska Administrative Code Title 178 Chapter 7.
    (FFF) Nebraska Administrative Code Title 178 Chapter 8.
    (GGG) Nebraska Administrative Code Title 178 Chapter 9.
    (HHH) Nebraska Administrative Code Title 178 Chapter 10.
    (III) Nebraska Administrative Code Title 178 Chapter 11.
    (JJJ) Nebraska Administrative Code Title 178 Chapters 12-04-12-05, 
12-08, 12-10, 12-011.01B2, 12-012.08C, 12-012.08G, the Waiver of 
Disinfection, and the following definitions found at Title 178, Chapter 
12-002: Abandoned Water Well, Driven Sandpoint Well, Ground Water Heat 
Pump Well, Illegal Water Well, Inactive Status Water Well, Injection 
Well, Open Hole Well, Service connection, Special Irrigation District.
    (KKK) Nebraska Administrative Code Title 178 Chapter 13.
    (LLL) Nebraska Administrative Code Title 178 Chapter 14.
    (MMM) Nebraska Administrative Code Title 178 Chapter 15.
    (NNN) Nebraska Administrative Code Title 178 Chapter 16.
    (OOO) Nebraska Administrative Code Title 178 Chapter 17.
    (PPP) Nebraska Administrative Code Title 178 Chapter 18.
    (QQQ) Nebraska Administrative Code Title 178 Chapter 19.
    (RRR) Nebraska Administrative Code Title 178 Chapter 20.
    (SSS) Nebraska Administrative Code Title 178 Chapter 21.
    (TTT) Nebraska Administrative Code Title 178 Chapter 22.
    (UUU) Nebraska Administrative Code Title 178 Chapter 23.
    (VVV) Nebraska Administrative Code Title 178 Chapter 24.
    (WWW) Nebraska Administrative Code Title 200 Chapter 1 [entire 
regulation].
    (XXX) National Fire Protection Association 30: Flammable and 
Combustible Liquids Code (21.7.4.3.1-21.7.4.3.3) 2012 Version.
    (2) Statement of legal authority. The ``State of Nebraska Office of 
the Attorney General Letter'', signed by the Nebraska Attorney General 
on August 17, 2022, though not incorporated by reference, are 
referenced as part of the approved underground storage tank program 
under Subtitle I of RCRA, 42 U.S.C. 6991 et seq.
    (3) Demonstration of procedures for adequate enforcement. The 
``Demonstration of Adequate Enforcement Procedures'' submitted as part 
of the original application on September 8, 2023, and as part of the 
program revision application on September 8, 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 September 8, 
2023, and as part of the program revision application on September 8, 
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 Nebraska Department of Environmental Quality and 
the Nebraska State Fire Marshal's Office, signed by the EPA Regional 
Administrator on February 10, 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 adding an entry for 
``Nebraska'' to read as follows:

Appendix A to Part 282--State Requirements Incorporated by Reference in 
Part 282 of the Code of Federal Regulations

* * * * *

Nebraska

    (a) The statutory provisions include:
    (1) Nebraska Revised Statutes section 81-503.01(1)(h).
    (2) Nebraska Revised Statutes section 81-1502(6)-(7), (10)-(11), 
(14), (20)-(22), (24)-(27), and (30).
    (3) Nebraska Revised Statutes section 81-1504(31)-(32).
    (4) Nebraska Revised Statutes section 81-15, 117.
    (5) Nebraska Revised Statutes section 81-15, 118.
    (6) Nebraska Revised Statutes section 81-15, 119(1)-(10), 
(10)(c)-(11).
    (7) Nebraska Revised Statutes section 81-15, 123(1), (4)(a), 
(6)-(9), (11), (12) as it refers to training operators.
    (8) Nebraska Revised Statutes sections 81-15, 124(1)-(2) and (3) 
first sentence.
    (9) Nebraska Revised Statutes sections 81-15, 124.03.
    (b) The regulatory provisions include:
    (1) Nebraska Administrative Code Title 159 Chapter 1.
    (2) Nebraska Administrative Code Title 159 Chapter 2.
    (3) Nebraska Administrative Code, Title 159 Chapter 3 as it 
references 40 CFR 80.20(e)(2).
    (4) Nebraska Administrative Code Title 159 Chapter 4.
    (5) Nebraska Administrative Code Title 159 Chapter 5.
    (6) Nebraska Administrative Code Title 159 Chapter 6.
    (7) Nebraska Administrative Code Title 159 Chapter 7.
    (8) Nebraska Administrative Code Title 159 Chapter 8.
    (9) Nebraska Administrative Code Title 159 Chapter 9 as it 
adopts 40 CFR 280.90 through 280.115 by reference and 9.002.
    (10) Nebraska Administrative Code Title 159 Chapter 10.
    (11) Nebraska Administrative Code Title 159 Chapter 11.001-
11.0003.02.
    (12) Nebraska Administrative Code Title 159 Chapter 12.
    (13) Nebraska Administrative Code Title 159 Chapter 13.001-
13.002, 13.004-13.008.
    (14) Nebraska Administrative Code Title 159 Chapter 14.
    (15) Nebraska Administrative Code Title 115 Chapter 3.001.02, 
3.014, 3.016-3.018.
    (16) Nebraska Administrative Code Title 118 Chapter 1.
    (17) Nebraska Administrative Code Title 118 Chapter 2.
    (18) Nebraska Administrative Code Title 118 Chapter 6.002.
    (19) Nebraska Administrative Code Title 118 Chapter 7.
    (20) Nebraska Administrative Code Title 118 appendix B.

[[Page 97558]]

    (21) Nebraska Administrative Code Title 126 Chapter 1.001, 
1.005, 1.011, 1.013, 1.020-1.022, 1.024, 1.030.01, 1.031, 1.033-
1.034, 1.036-1.038, 1.040, 1.045.
    (22) Nebraska Administrative Code Title 126 Chapter 18.
    (23) Nebraska Administrative Code Title 178 Chapters 12.001, 12-
03, 12-06--12-07, 12-09, 12-011.01--12-011.01B1, 12-011.01C--12-
012.08B, 12-012.08D--12-012.08F2, 12-012.09--12-14, the tables and 
figures, and the following definitions found at Title 178, Chapter 
12-002 Annular Fill, Annular Space, Aquifer, Aquifer Seal, Primary 
Aquifer Seal, Surface Seal, Backflow Preventer, Bentonite, Bentonite 
Seal, Bored or Dug Well, Casing, Cesspool, Clay, Community Water 
System, Confining Layer, Construction of Water Wells, Contamination, 
Decommissioned when used in relation to a water well, Department, 
Dewatering Well, Discharge Pipe, Distribution Piping, Good Cause, 
Gravel Pack, Ground Water, Grout, Installation of Pumps and Pumping 
Equipment, Monitoring Well, Non-potable Well, Observation Well, 
Person, Pitless Unit, Pollution, Potable Well, Primary Aquifer Seal, 
Public Water System, (Licensed) Pump Installation Contractor, 
(Licensed) Pump Installation Supervisor, Pumps and Pumping 
Equipment, Recovery Well, Sanitary Well Seal, Screen Apertures, 
Screened Vent, Secure Cover or Cap, Seepage Pit, Septic Tank, Soil 
Absorption System (Septic Lateral Field), Static Water Level, 
Substantially Equivalent, Subsurface Disposal System, Supervision or 
its derivatives, Surface Seal, Test Hole, Tremie Pipe, Watertight 
Casing, Watertight Secure Cover, Water Well, (Licensed) Water Well 
Contractor, (Licensed) Water Well Drilling Supervisor, Well 
Development, Well Pit, Well Screen.

[FR Doc. 2024-28140 Filed 12-6-24; 8:45 am]
BILLING CODE 6560-50-P
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