Rule2021-19724
Alabama: Final Approval of State Underground Storage Tank Program Revisions, Codification, and Incorporation by Reference
Primary source
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Published
September 14, 2021
Effective
November 15, 2021
Issuing agencies
Environmental Protection Agency
Abstract
The State of Alabama (Alabama or State) has applied to the Environmental Protection Agency (EPA) for final approval of revisions to its Underground Storage Tank Program (UST Program) under subtitle I of the Resource Conservation and Recovery Act (RCRA). Pursuant to RCRA, the EPA is taking direct final action, subject to public comment, to approve revisions to the UST Program. The EPA has reviewed Alabama's revisions and has determined that these revisions satisfy all requirements needed for approval. In addition, this action also codifies the EPA's approval of Alabama's revised UST Program and incorporates by reference those provisions of the State statutes and regulations that the EPA has determined meet the requirements for approval.
Full Text
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<title>Federal Register, Volume 86 Issue 175 (Tuesday, September 14, 2021)</title>
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[Federal Register Volume 86, Number 175 (Tuesday, September 14, 2021)]
[Rules and Regulations]
[Pages 51004-51009]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2021-19724]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Parts 281 and 282
[EPA-R04-UST-2020-0611; FRL-8784-01-R4]
Alabama: Final Approval of State Underground Storage Tank Program
Revisions, Codification, and Incorporation by Reference
AGENCY: Environmental Protection Agency (EPA).
ACTION: Direct final rule.
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SUMMARY: The State of Alabama (Alabama or State) has applied to the
Environmental Protection Agency (EPA) for final approval of revisions
to its Underground Storage Tank Program (UST Program) under subtitle I
of the Resource Conservation and Recovery Act (RCRA). Pursuant to RCRA,
the EPA is taking direct final action, subject to public comment, to
approve revisions to the UST Program. The EPA has reviewed Alabama's
revisions and has determined that these revisions satisfy all
requirements needed for approval. In addition, this action also
codifies the EPA's approval of Alabama's revised UST Program and
incorporates by reference those provisions of the State statutes and
regulations that the EPA has determined meet the requirements for
approval.
DATES: This rule is effective November 15, 2021, unless the EPA
receives adverse comment by October 14, 2021. If the EPA receives
adverse comment, it will publish a timely withdrawal in the Federal
Register informing the public that the rule will not take effect. The
incorporation by reference of certain publications listed in the
regulations is approved by the Director of the Federal Register as of
November 15, 2021.
ADDRESSES: Submit your comments by one of the following methods:
<bullet> Federal eRulemaking Portal: <a href="https://www.regulations.gov">https://www.regulations.gov</a>
(our preferred method). Follow the online instructions for submitting
comments.
<bullet> Email: <a href="/cdn-cgi/l/email-protection#ea998f868cc49e8f989893aa8f9a8bc48d859c"><span class="__cf_email__" data-cfemail="e093858c86ce9485929299a0859081ce878f96">[email protected]</span></a>. Include the Docket ID No. EPA-
R04-UST-2020-0611 in the subject line of the message.
Instructions: Submit your comments, identified by Docket ID No.
EPA-R04-UST-2020-0611, via the Federal eRulemaking Portal at <a href="https://www.regulations.gov">https://www.regulations.gov</a>. Follow the online instructions for submitting
comments. Once submitted, comments cannot be edited or removed from
<a href="https://www.regulations.gov">https://www.regulations.gov</a>. The EPA may publish any comment received
to its public docket. Do not submit electronically any information you
consider to be Confidential Business Information (CBI) or other
information whose disclosure is restricted by statute. Multimedia
submissions (audio, video, etc.) must be accompanied by a written
comment. The written comment is considered the official comment and
should include discussion of all points you wish to make. The EPA will
generally not consider comments or comment contents located outside of
the primary submission (i.e., on the web, cloud, or other file sharing
system). For additional submission methods, the full EPA public comment
policy, information about CBI or multimedia submissions, and general
guidance on making effective comments, please visit: <a href="https://www.epa.gov/dockets/commenting-epa-dockets">https://www.epa.gov/dockets/commenting-epa-dockets</a>.
Out of an abundance of caution for members of the public and our
staff, the public's access to the EPA Region 4 Offices is by
appointment only to reduce the risk of transmitting COVID-19. We
encourage the public to submit comments via <a href="https://www.regulations.gov">https://www.regulations.gov</a>
or via email. The EPA encourages electronic comment submittals, but if
you are unable to submit electronically or need other assistance,
please contact Terry Self, the contact listed in the FOR FURTHER
INFORMATION CONTACT provision below. The index to the docket for this
action is available electronically at <a href="https://www.regulations.gov">https://www.regulations.gov</a>. The
documents that form the basis of this codification and associated
publicly available docket materials are available for review on the
<a href="https://www.regulations.gov">https://www.regulations.gov</a> website. The EPA encourages electronic
reviewing of these documents, but if you are unable to review these
documents electronically, please contact Terry Self to schedule an
appointment to view the documents at the Region 4 Offices. Interested
persons wanting to examine these documents should make an appointment
at least two weeks in advance. EPA Region 4 requires all visitors to
adhere to the COVID-19 protocol. Please contact Terry Self for the
COVID-19 protocol requirements for your appointment.
Please also contact Terry Self if you need assistance in a language
other than English or if you are a person with disabilities who needs a
reasonable accommodation at no cost to you. For further information on
EPA Docket Center services and the current status, please visit us
online at <a href="https://www.epa.gov/dockets">https://www.epa.gov/dockets</a>.
The EPA continues to carefully and continuously monitor information
from the Centers for Disease Control and Prevention (CDC), local area
health departments, and our Federal partners so that we can respond
rapidly as conditions change regarding COVID-19.
FOR FURTHER INFORMATION CONTACT: Terry Self, RCRA Programs and Cleanup
Branch, Land, Chemicals and Redevelopment Division, U.S. Environmental
Protection Agency, Region 4, Atlanta Federal Center, 61 Forsyth Street
SW, Atlanta, Georgia 30303-8960; Phone number: (404) 562-9396; email
address: <a href="/cdn-cgi/l/email-protection#0774626b6129736275757e4762776629606871"><span class="__cf_email__" data-cfemail="0d7e68616b2379687f7f744d687d6c236a627b">[email protected]</span></a>. Please contact Terry Self by phone or
email for further information.
SUPPLEMENTARY INFORMATION:
I. Approval of Revisions to Alabama's Underground Storage Tank (UST)
Program
A. Why are revisions to state UST programs necessary?
States that have received final approval from the EPA under section
9004(b) of RCRA, 42 U.S.C. 6991c(b), must maintain a UST program that
is no less stringent than the Federal program. When the EPA makes
revisions to the regulations that govern the UST program, states must
revise their programs to comply with the updated
[[Page 51005]]
regulations and submit these revisions to the EPA for approval. Most
commonly, states must change their programs because of changes to the
EPA's regulations in title 40 of the Code of Federal Regulations (CFR)
part 280. States can also initiate changes on their own to their UST
programs and these changes must then be approved by the EPA.
B. What decision has the EPA made in this rule?
On October 10, 2018, in accordance with 40 CFR 281.51(a), Alabama
submitted a complete program revision application (State Application)
seeking approval of changes to its UST Program. The program revisions
requested in the State Application correspond to the EPA final rule
published on July 15, 2015 (80 FR 41566), which revised the 1988 UST
regulations and the 1988 state program approval (SPA) regulations (2015
Federal Revisions). As required by 40 CFR 281.20, the State Application
contains the following: A transmittal letter from the Governor
requesting approval; a description of the program and operating
procedures; a demonstration of the State's procedures to ensure
adequate enforcement; a Memorandum of Agreement outlining the roles and
responsibilities of the EPA and the implementing agency; an Attorney
General's Statement; and copies of all relevant State statutes and
regulations. The EPA has reviewed the State Application and has
determined that the revisions to Alabama's UST Program are no less
stringent than the corresponding Federal requirements in subpart C of
40 CFR part 281, and that the Alabama UST Program continues to provide
adequate enforcement of compliance. Therefore, the EPA grants Alabama
final approval to operate its UST Program with the revisions described
in the State Application, and as outlined below. The Alabama Department
of Environmental Management (ADEM) is the lead implementing agency for
the UST program in Alabama, except in Indian country as noted below.
C. What is the effect of this approval on the regulated community?
Section 9004(b) of RCRA, 42 U.S.C. 6991c(b), as amended, allows the
EPA to approve state UST programs to operate in lieu of the Federal
program. With this approval, the changes described in the State
Application will become part of the approved State UST Program, and
therefore will be federally enforceable. Alabama will continue to have
primary enforcement authority and responsibility for its State UST
Program. This action does not impose additional requirements on the
regulated community because the regulations being approved by this rule
are already in effect in the State of Alabama, and are not changed by
this action. This action merely approves the existing State regulations
as meeting the 2015 Federal Revisions and rendering them federally
enforceable.
D. Why is the EPA using a direct final rule?
The EPA is publishing this direct final rule without a prior
proposed rule because we view this as a noncontroversial action and we
anticipate no adverse comment. Alabama addressed all comments it
received during its comment period when the rules and regulations being
considered in this document were proposed at the State level.
E. What happens if the EPA receives comments that oppose this action?
Along with this direct final rule, the EPA is simultaneously
publishing a separate document in the ``Proposed Rules'' section of
this Federal Register that serves as the proposal to approve the
State's UST Program revisions, and provides an opportunity for public
comment. If the EPA receives comments that oppose this approval, the
EPA will withdraw this direct final rule by publishing a document in
the Federal Register before it becomes effective. The EPA will make any
further decision on approval of the State Application after considering
all comments received during the comment period. The EPA will then
address all public comments in a later final rule. You may not have
another opportunity to comment. If you want to comment on this
approval, you must do so at this time.
F. For what has Alabama previously been approved?
Effective March 25, 1997, the EPA granted final approval for
Alabama to administer the State UST Program in lieu of the Federal UST
program, and incorporated by reference and codified the federally
approved State UST Program (62 FR 3613, January 24, 1997). As a result
of the EPA's approval, these provisions became subject to the EPA's
corrective action, inspection, and enforcement authorities under RCRA
sections 9003(h), 9005, and 9006, 42 U.S.C. 6991b(h), 6991d, and 6991e,
and other applicable statutory and regulatory provisions.
G. What changes is the EPA approving with this action and what
standards do we use for review?
In order to be approved, each state program revision application
must meet the general requirements in 40 CFR 281.11 (General
Requirements), and the specific requirements in 40 CFR part 281,
subpart B (Components of a Program Application), subpart C (Criteria
for No Less Stringent), and subpart D (Adequate Enforcement of
Compliance).
As more fully described below, the State has made changes to its
UST Program to reflect the 2015 Federal Revisions. These changes are
included in the Alabama Administrative Code, Chapter 335-6-15 (Ala.
Admin. Code chapter 335-6-15), as amended, effective December 8, 2017.
The EPA is approving the State's changes because they are no less
stringent than the Federal UST program, and because the revised Alabama
UST Program will continue to provide for adequate enforcement of
compliance as required by 40 CFR 281.11(b) and part 281, subparts C and
D, after this approval.
ADEM continues to be the lead implementing agency for the UST
Program in Alabama, except in Indian country. ADEM has broad statutory
and regulatory authority to regulate the installation, operation,
maintenance, and closure of USTs, as well as UST releases, under the
Alabama Underground Storage Tank and Wellhead Protection Act of 1988,
Code of Alabama, 1975, Title 22, Chapter 36 (Ala. Code 22-36), and Ala.
Admin. Code chapter 335-6-15 (2017).
The following State authorities provide authority for compliance
monitoring as required by 40 CFR 281.40: Ala. Code sections 22-36-3,
22-36-4, and 22-36-6(b) and (c) and Ala. Admin. Code r. 335-6-15-.13,
335-6-15-.40, and 335-6-15-.41.
The following State authorities provide authority for enforcement
response as required by 40 CFR 281.41: Ala. Code sections 22-36-3, 22-
36-9, and 22-22A-5(19), and Ala. Admin. Code r. 335-6-15-.45.
The following State authorities provide authority for enabling
public participation in the State enforcement process, including
citizen intervention, as required by 40 CFR 281.42: Ala. Code sections
22-36-8 and 22-22A-5(19), Ala Admin. Code r. 335-6-15-.31, and Alabama
Rules of Civil Procedure Rule 24(a). Further, through a Memorandum of
Agreement between ADEM and the EPA, effective October 12, 2018, the
State maintains procedures for receiving and ensuring proper
consideration of
[[Page 51006]]
information about violations submitted by the public, and ADEM will not
oppose citizen intervention when permissive intervention is allowed by
statute, rule or regulation.
The following State authorities provide authority for the sharing
of information as required pursuant to 40 CFR 281.43: Ala. Code section
22-36-8 and Ala. Admin. Code r. 335-6-15-.39. Further, through the
October 12, 2018 Memorandum of Agreement between ADEM and the EPA, ADEM
agrees to furnish to the EPA, upon request, any information in State
files obtained or used in the administration of the State UST Program.
To qualify for final approval, revisions to a state's UST program
must be no less stringent than the 2015 Federal Revisions. In the 2015
Federal Revisions, the EPA addressed UST systems deferred in the 1988
UST regulations, and added, among other things: New operation and
maintenance requirements; secondary containment requirements for new
and replaced tanks and piping; operator training requirements; and a
requirement to ensure UST system compatibility before storing certain
biofuel blends. In addition, the EPA removed past deferrals for
emergency generator tanks, field constructed tanks, and airport hydrant
systems. Alabama adopted all of the required 2015 Federal Revisions at
Ala. Admin. Code chapter 335-6-15 (2017).
As part of the State Application, the Alabama Attorney General has
certified that the State regulations provide for adequate enforcement
of compliance and meet the no less stringent criteria in 40 CFR part
281, subparts C and D. The EPA is relying on this certification, in
addition to the analysis submitted by the State, in approving the
State's changes.
H. Where are the revised State rules different from the Federal rules?
States may enact laws that are more stringent than their Federal
counterparts. See RCRA section 9008, 42 U.S.C. 6991g. When an approved
state program includes requirements that are considered more stringent
than those required by Federal law, the more stringent requirements
become part of the federally approved program in accordance with 40 CFR
281.12(a)(3)(i). The EPA has determined that some of Alabama's
regulations are considered more stringent than the Federal program, and
upon approval, they will become part of the federally approved State
UST Program and therefore federally enforceable.
In addition, states may enact laws which are broader in scope than
their Federal counterparts in accordance with 40 CFR 281.12(a)(3)(ii).
State requirements that go beyond the scope of the Federal program are
not part of the federally approved program and the EPA cannot enforce
them. Although these requirements are enforceable by the State in
accordance with Alabama law, they are not Federal RCRA requirements.
The EPA considers the following State requirements to be broader in
scope than the Federal program and therefore not part of the federally
approved State UST Program:
Statutory Broader in Scope Provisions
<bullet> Ala. Code section 22-36-5, insofar as it requires the
collection of underground storage tank fees.
<bullet> Ala. Code sections 22-35-1 to 22-35-13, insofar as it
establishes procedures for administration of the Alabama Underground
and Aboveground Storage Tank Trust Fund.
Regulatory Broader in Scope Provisions
<bullet> Ala. Admin. Code r. 335-6-15-.32, insofar as it specifies
analytical methods for soil and groundwater sampling.
<bullet> Ala. Admin. Code r. 335-6-15-.42, insofar as it requires
owners of underground storage tanks to pay an annual fee.
<bullet> Ala. Admin. Code r. 335-6-15-.47, insofar as it specifies
certification requirements for individuals who supervise installation,
closure, and repair of UST systems.
<bullet> Ala. Admin. Code chapter 335-6-16, insofar as it
establishes procedures for implementation of the Alabama Underground
and Aboveground Storage Tank Trust Fund.
I. How does this action affect Indian country (18 U.S.C. 1151) in
Alabama?
The EPA's approval of Alabama's UST Program does not extend to
Indian country as defined in 18 U.S.C. 1151, which includes the Poarch
Band of Creek Indians. The EPA will retain responsibilities under RCRA
for underground storage tanks in Indian country. Therefore, this action
has no effect in Indian country. See 40 CFR 281.12(a)(2).
II. Codification
A. What is codification?
Codification is the process of placing citations and references to
a state's statutes and regulations that comprise a state's approved UST
program into the Code of Federal Regulations (CFR). The EPA codifies
its approval of state programs in 40 CFR part 282 and incorporates by
reference state statutes and regulations that the EPA can enforce,
after the approval is final, under sections 9005 and 9006 of RCRA, and
any other applicable statutory provisions. The incorporation by
reference of EPA-approved state programs in the CFR should
substantially enhance the public's ability to discern the status of the
approved state UST programs and state requirements that can be
federally enforced. This effort provides clear notice to the public of
the scope of the approved program in each state.
B. What is the history of codification of Alabama's UST Program?
In 1997, the EPA incorporated by reference and codified Alabama's
approved UST Program at 40 CFR 282.50 (62 FR 3613, January 24, 1997).
Through this action, the EPA is amending 40 CFR 282.50 to incorporate
by reference and codify Alabama's revised UST Program.
C. What codification decisions is the EPA making in this rule?
In this rule, the EPA is finalizing regulatory text that
incorporates by reference the federally approved Alabama UST Program,
including the revisions made to the UST Program based on the 2015
Federal Revisions. In accordance with the requirements of 1 CFR 51.5,
the EPA is incorporating by reference Alabama's statutes and
regulations as described in the amendments to 40 CFR part 282 set forth
below. These documents are available through <a href="https://www.regulations.gov">https://www.regulations.gov</a>. This codification reflects the State UST Program
that will be in effect at the time the EPA's approval of the revisions
to the Alabama UST Program addressed in this direct final rule become
final. If, however, the EPA receives substantive comment on the
proposed rule, this codification will not take effect and the State
rules that are approved after the EPA considers public comment will be
codified instead. By codifying the approved Alabama UST Program and by
amending the CFR, the public will more easily be able to discern the
status of the federally-approved requirements of the Alabama UST
Program.
Specifically, in 40 CFR 282.50(d)(1)(i), the EPA is incorporating
by reference the EPA-approved Alabama UST Program. Section
282.50(d)(1)(ii) identifies the State's statutes and regulations that
are part of the approved State UST Program, although not incorporated
by reference for enforcement purposes, unless they impose obligations
on the regulated entity. Section 282.50(d)(1)(iii)
[[Page 51007]]
identifies the State's statutory and regulatory provisions that are
broader in scope or external to the State's approved UST Program and
therefore not incorporated by reference. Section 282.50(d)(2) through
(d)(5) reference the Attorney General's Statement, Demonstration of
Adequate Enforcement Procedures, Program Description, and Memorandum of
Agreement, which are part of the State Application and part of the UST
Program under subtitle I of RCRA.
D. What is the effect of the EPA's codification of the federally
approved Alabama UST Program on enforcement?
The EPA retains the authority under sections 9003(h), 9005, and
9006 of subtitle I of RCRA, 42 U.S.C. 6991b(h), 6991d, and 6991e, and
other applicable statutory and regulatory provisions, to undertake
corrective action, inspections, and enforcement actions, and to issue
orders in approved states. If the EPA determines it will take such
actions in Alabama, the EPA will rely on Federal sanctions, Federal
inspection authorities, and other Federal procedures rather than the
State analogs. Therefore, the EPA is not incorporating by reference
Alabama's procedural and enforcement authorities, although they are
listed in 40 CFR 282.50(d)(1)(ii).
E. What State provisions are not part of the codification?
As discussed in section I.H. above, some provisions of the State's
UST Program are not part of the federally approved State UST Program
because they are broader in scope than the Federal UST program. Where
an approved state program has provisions that are broader in scope than
the Federal program, those provisions are not a part of the federally
approved program. See 40 CFR 281.12(a)(3)(ii). As a result, State
provisions which are broader in scope than the Federal program are not
incorporated by reference for purposes of enforcement in part 282. In
addition, provisions that are external to the state UST Program
approval requirements, but included in the State Application, are also
being excluded from incorporation by reference in part 282. For
reference and clarity, 40 CFR 282.50(d)(1)(iii) lists the Alabama
statutory and regulatory provisions which are broader in scope than the
Federal program or external to state UST program approval requirements.
These provisions are, therefore, not part of the approved UST Program
that the EPA is codifying. Although these provisions cannot be enforced
by the EPA, the State will continue to implement and enforce such
provisions under State law.
III. Statutory and Executive Order (E.O.) Reviews
The EPA's actions merely approve and codify Alabama's revised UST
Program requirements pursuant to RCRA section 9004, and do not impose
additional requirements other than those imposed by State law. For that
reason, these actions:
<bullet> Are not significant regulatory actions subject to review
by the Office of Management and Budget under Executive Orders 12866 (58
FR 51735, October 4, 1993) and 13563 (76 FR 3821, January 21, 2011);
<bullet> Do not impose an information collection burden under the
provisions of the Paperwork Reduction Act (44 U.S.C. 3501 et seq.);
<bullet> Are certified as not having a significant economic impact
on a substantial number of small entities under the Regulatory
Flexibility Act (5 U.S.C. 601 et seq.);
<bullet> Do not contain any unfunded mandate or significantly or
uniquely affect small governments, as described in the Unfunded
Mandates Reform Act of 1995 (Pub. L. 104-4);
<bullet> Do not have federalism implications as specified in
Executive Order 13132 (64 FR 43255, August 10, 1999);
<bullet> Are not economically significant regulatory actions based
on health or safety risks subject to Executive Order 13045 (62 FR
19885, April 23, 1997);
<bullet> Are not significant regulatory actions subject to
Executive Order 13211 (66 FR 28355, May 22, 2001);
<bullet> Are not subject to the requirements of section 12(d) of
the National Technology Transfer and Advancement Act of 1995 (15 U.S.C.
272 note) because application of those requirements would be
inconsistent with RCRA;
<bullet> Do not provide the EPA with the discretionary authority to
address, as appropriate, disproportionate human health or environmental
effects, using practicable and legally permissible methods, under
Executive Order 12898 (59 FR 7629, February 16, 1994); and
<bullet> Do not apply on any Indian reservation land or in any
other area where the EPA or an Indian tribe has demonstrated that a
tribe has jurisdiction. The rule does not have tribal implications as
specified by Executive Order 13175 (65 FR 67249, November 9, 2000), nor
will it impose substantial direct costs on tribal governments or
preempt tribal law.
As required by section 3 of Executive Order 12988 (61 FR 4729,
February 7, 1996), in issuing this rule, the EPA has taken the
necessary steps to eliminate drafting errors and ambiguity, minimize
potential litigation, and provide a clear legal standard for affected
conduct.
The Congressional Review Act, 5 U.S.C. 801 et seq., as added by the
Small Business Regulatory Enforcement Fairness Act of 1996, generally
provides that before a rule may take effect, the agency promulgating
the rule must submit a rule report, which includes a copy of the rule,
to each House of the Congress and to the Comptroller General of the
United States. The EPA will submit a report containing this document
and other required information to the U.S. Senate, the U.S. House of
Representatives, and the Comptroller General of the United States prior
to publication in the Federal Register. A major rule cannot take effect
until 60 days after it is published in the Federal Register. This
action is not a ``major rule'' as defined by 5 U.S.C. 804(2). This
final action will be effective November 15, 2021.
List of Subjects in 40 CFR Parts 281 and 282
Administrative practice and procedure, Environmental protection,
Hazardous substances, Incorporation by reference, Indian country,
Petroleum, Reporting and recordkeeping requirements, State program
approval, and Underground storage tanks.
Authority: This action is issued under the authority of sections
2002(a), 7004(b), 9004, 9005 and 9006 of the Solid Waste Disposal
Act, as amended, 42 U.S.C. 6912(a), 6974(b), 6991c, 6991d, and
6991e.
Dated: September 8, 2021.
John Blevins,
Acting Regional Administrator, Region 4.
For the reasons set forth in the preamble, the EPA is amending 40
CFR part 282 as follows:
PART 282--APPROVED UNDERGROUND STORAGE TANK PROGRAMS
0
1. The authority citation for part 282 continues to read as follows:
Authority: 42 U.S.C. 6912, 6991c, 6991d, and 6991e.
0
2. Revise Sec. 282.50 to read as follows:
Sec. 282.50 Alabama State-Administered Program.
(a) History of the approval of Alabama's Program. The State of
Alabama (Alabama or State) is approved to administer and enforce an
underground storage tank (UST) program in lieu of the Federal program
under subtitle I of the Resource Conservation and Recovery Act of 1976
(RCRA), as amended, 42 U.S.C. 6991 et
[[Page 51008]]
seq. The State's Underground Storage Tank Program (UST Program), as
administered by the Alabama Department of Environmental Management
(ADEM), was approved by EPA pursuant to 42 U.S.C. 6991c and part 281 of
this chapter. The EPA approved the Alabama UST Program on January 24,
1997 and it was effective on March 25, 1997. A subsequent program
revision was approved by EPA and became effective November 15, 2021.
(b) Enforcement authority. Alabama has primary responsibility for
administering and enforcing its federally approved UST Program.
However, EPA retains the authority to exercise its corrective action,
inspection, and enforcement authorities under sections 9003(h), 9005,
and 9006 of subtitle I of RCRA, 42 U.S.C. 6991b(h), 6991d, and 6991e,
as well as under any other applicable statutory and regulatory
provisions.
(c) Retention of program approval. To retain program approval,
Alabama must revise its approved UST Program to adopt new changes to
the Federal subtitle I program which make it more stringent, in
accordance with section 9004 of RCRA, 42 U.S.C. 6991c, and 40 CFR part
281, subpart E. If Alabama obtains approval for revised requirements
pursuant to section 9004 of RCRA, 42 U.S.C. 6991c, the newly approved
statutory and regulatory provisions will be added to this subpart and
notice of any change will be published in the Federal Register.
(d) Final approval. Alabama has final approval for the following
elements of its UST Program submitted to EPA and approved effective
March 25, 1997, and the program revisions approved by EPA effective on
November 15, 2021:
(1) State statutes and regulations--(i) Incorporation by reference.
The Alabama materials cited in this paragraph (d)(1)(i) and listed in
appendix A to this part, are incorporated by reference as part of the
UST Program under subtitle I of RCRA, 42 U.S.C. 6991 et seq. The
Director of the Federal Register approves this incorporation by
reference in accordance with 5 U.S.C. 552(a) and 1 CFR part 51. You may
access copies of the Alabama statutes that are incorporated by
reference in this paragraph (d)(1)(i) from the Alabama Legislative
Services Agency, Alabama State House, Suite 613, 11 South Union Street,
Montgomery, Alabama 36110-2400; Phone number: (334) 271-7700; website:
<a href="http://lsa.state.al.us">http://lsa.state.al.us</a>. You may access copies of the regulations that
are incorporated by reference at the following website <a href="http://www.alabamaadministrativecode.state.al.us">http://www.alabamaadministrativecode.state.al.us</a>. You may inspect all approved
material at EPA Region 4, 61 Forsyth Street SW, Atlanta, Georgia 30303;
Phone number: (404) 562-9900; or the National Archives and Records
Administration (NARA), email: <a href="/cdn-cgi/l/email-protection#badcdfdec8dfdd94d6dfdddbd6fad4dbc8db94ddd5cc"><span class="__cf_email__" data-cfemail="ccaaa9a8bea9abe2a0a9abada08ca2adbeade2aba3ba">[email protected]</span></a>, website: <a href="https://www.archives.gov/federal-register/cfr/ibr-locations.html">https://www.archives.gov/federal-register/cfr/ibr-locations.html</a>.
(A) ``Alabama Statutory Requirements Applicable to the Underground
Storage Tank Program,'' dated March 21, 2021.
(B) ``Alabama Regulatory Requirements Applicable to the Underground
Storage Tank Program,'' dated March 21, 2021.
(ii) Legal basis. EPA considered the following statutes and
regulations which provide the legal basis for the State's
implementation of the UST Program, but they are not being incorporated
by reference and do not replace Federal authorities, unless the
provisions place requirements on regulated entities:
(A) Alabama Underground Storage Tank and Wellhead Protection Act of
1988, Ala. Code sections 22-36-1 to 22-36-10 (1988):
(1) Section 22-36-3--Rules and regulations governing underground
storage tanks. Insofar as it provides specific authorities enabling
compliance monitoring and enforcement response.
(2) Section 22-36-4--Information to be furnished by owner upon
request of department; owner to permit access to records and entry and
inspection of facilities. Insofar as it provides specific authorities
enabling compliance monitoring.
(3) Section 22-36-6(b) and (c)--Expenditure of funds from Leaking
Underground Storage Tank Trust Fund; investigative and corrective
powers in regard to administration of funds; liability of owner or
operator for costs. Insofar as it provides specific authorities
enabling compliance monitoring.
(4) Section 22-36-8--Availability to public of records, reports, or
information obtained under chapter. Insofar as it provides specific
authorities enabling public participation and the sharing of
information.
(5) Section 22-36-9--Penalties. Insofar as it provides specific
authorities enabling enforcement response.
(B) Alabama Underground Storage Tank Control Regulations, Ala.
Admin. Code r. 335-6-15-.01 to 335-6-15-.49 (2017):
(1) Rule 335-6-15-.13--Reporting and Recordkeeping. Insofar as it
provides specific authorities enabling compliance monitoring.
(2) Rule 335-6-15-.19--Release Reporting and Recordkeeping. Insofar
as it provides specific authorities enabling compliance monitoring.
(3) Rule 335-6-15-.31--Public Participation. Insofar as it
identifies specific authorities enabling public participation.
(4) Rule 335-6-15-.39--Availability To Public of Records, Reports
or Information. Insofar as it provides specific authorities enabling
the sharing of information.
(5) Rule 335-6-15-.40--Access To Records. Insofar as it provides
specific authorities enabling compliance monitoring.
(6) Rule 335-6-15-.41--Entry and Inspection Of Facilities. Insofar
as it provides specific authorities enabling compliance monitoring.
(7) Rule 335-6-15-.45--Delivery Prohibition. Insofar as it
identifies specific authorities enabling enforcement response.
(C) Ala. Code section 22-22A-5(19)--Powers and functions of
Department; representation of Department by Attorney General in legal
actions. Insofar as it provides specific authorities enabling
enforcement and public participation.
(D) Alabama Rules of Civil Procedure, Rule 24(a)--Intervention.
Insofar as it provides for public participation in the State
enforcement process.
(iii) Other provisions not incorporated by reference. The following
statutory and regulatory provisions applicable to the Alabama UST
Program are broader in scope than the Federal program or external to
the state UST program approval requirements. Therefore, these
provisions are not part of the approved UST Program and are not
incorporated by reference herein:
(A) Alabama Underground Storage Tank and Wellhead Protection Act of
1988, Ala. Code sections 22-36-1 to 22-36-10 (1988):
(1) Section 22-36-5, insofar as it requires the collection of an
underground storage tank fee.
(2) Section 22-36-6(a) is external insofar as it pertains to ADEM's
implementation of the Leaking Underground Storage Tank Trust Fund.
(3) Section 22-36-7 is external insofar as it provides authority
for the promulgation of regulations to establish and protect wellhead
areas.
(4) Section 22-36-10 is external insofar as it places requirements
on the promulgation of rules and regulations to be adopted by ADEM.
(B) Alabama Underground Storage Tank Control Regulations, Ala.
Admin. Code r. 335-6-15-.01 to 335-6-15-.49 (2017):
(1) Rule 335-6-15-.01 is external insofar as it contains the
State's public policy for regulating underground storage tanks.
[[Page 51009]]
(2) Rule 335-6-15-.32, insofar as it specifies analytical methods
for soil and groundwater sampling.
(3) Rule 335-6-15-.38 is external insofar as it provides specific
authority for ADEM to require an owner or operator to provide an
alternate or temporary drinking water source.
(4) Rule 335-6-15-.42, insofar as it requires owners of underground
storage tanks to pay an annual fee.
(5) Rule 335-6-15-.44 is external insofar as it is a reserved
provision.
(6) Rule 335-6-15-.47, insofar as it imposes certification
requirements on individuals who supervise installation, closure, and
repair of underground storage tanks.
(7) Rule 335-6-15-.49 is external insofar as it relates to the
severability of the underground storage tank requirements.
(C) Alabama Underground and Aboveground Storage Tank Trust Fund
Act, Code of Alabama, Ala. Code sections 22-35-1 to 22-35-13 (1988).
Insofar as it establishes procedures for administration of the Alabama
Underground and Aboveground Storage Tank Trust Fund for purposes of
paying response actions and third-party claims.
(D) Alabama Underground and Aboveground Storage Tank Trust Fund
Regulations, Ala. Admin. Code r. 335-6-16-.01 to 335-6-16-.20 (2015).
Insofar it establishes procedures for determining eligibility for
disbursements from the Alabama Underground and Aboveground Storage Tank
Trust Fund for paying response actions and third-party claims.
(2) Statement of legal authority. The Attorney General's Statement,
signed by the Alabama Attorney General on April 16, 2018, though not
incorporated by reference, is referenced as part of the approved
underground storage tank program under subtitle I of RCRA, 42 U.S.C.
6991 et seq.
(3) Demonstration of procedures for adequate enforcement. The
``Demonstration of Adequate Enforcement Procedures'' submitted as part
of the application on October 10, 2018, though not incorporated by
reference, is referenced as part of the approved underground storage
tank program under subtitle I of RCRA, 42 U.S.C. 6991 et seq.
(4) Program description. The program description and any other
material submitted as part of the application on October 10, 2018,
though not incorporated by reference, are referenced as part of the
approved underground storage tank program under subtitle I of RCRA, 42
U.S.C. 6991 et seq.
(5) Memorandum of Agreement. The Memorandum of Agreement between
EPA Region 4 and ADEM, signed by the EPA Regional Administrator on
October 12, 2018, though not incorporated by reference, is referenced
as part of the approved underground storage tank program under subtitle
I of RCRA, 42 U.S.C. 6991 et seq.
0
3. Amend Appendix A to part 282 by revising the entry for Alabama to
read as follows:
Appendix A to Part 282--State Requirements Incorporated by Reference in
Part 282 of the Code of Federal Regulations
* * * * *
Alabama
(a) The statutory provisions include: Alabama Underground
Storage Tank and Wellhead Protection Act of 1988, Ala. Code sections
22-36-1 to 22-36-10 (1988):
Section 22-36-1 Short title.
Section 22-36-2 Definitions.
Section 22-36-4 Information to be furnished by owner upon request of
department; owner to permit access of records and entry and
inspection of facilities, insofar as it imposes requirements on
owners and operators of underground storage tank systems.
(b) The regulatory provisions include:
Alabama Underground Storage Tank Control Regulations, Ala.
Admin. Code r. 335-6-15-.01 to 335-6-15-.49 (2017):
Rule 335-6-15-.02 Definitions.
Rule 335-6-15-.03 Applicability.
Rule 335-6-15-.04 Installation Requirements For Partially
Excluded UST Systems.
Rule 335-6-15-.05 Notification Requirements.
Rule 335-6-15-.06 Performance Standards For New UST Systems, And
Dispensers.
Rule 335-6-15-.07 Upgrading Of Existing UST Systems.
Rule 335-6-15-.08 Plans and Specifications.
Rule 335-6-15-.09 Operation, Maintenance, and Testing or
Inspection of Spill and Overfill Prevention Equipment And
Containment Systems; And Walkthrough Inspections.
Rule 335-6-15-.10 Operation and Maintenance of Corrosion
Protection.
Rule 335-6-15-.11 Compatibility.
Rule 335-6-15-.12 Repairs Allowed.
Rule 335-6-15-.13 Reporting And Recordkeeping, insofar as it
imposes requirements on owners and operators.
Rule 335-6-15-.14 General Release Detection Requirements For All
UST Systems.
Rule 335-6-15-.15 Release Detection Requirements For Petroleum
UST Systems.
Rule 335-6-15-.16 Release Detection Requirements For Hazardous
Substance UST Systems.
Rule 335-6-15-.17 Methods Of Release Detection For Underground
Storage Tanks.
Rule 335-6-15-.18 Methods Of Release Detection For Underground
Piping.
Rule 335-6-15-.19 Release Detection Recordkeeping, insofar as it
imposes requirements on owners and operators.
Rule 335-6-15-.20 Reporting Of Suspected Releases.
Rule 335-6-15-.21 Investigation Due To Environmental Impacts.
Rule 335-6-15-.22 Release Investigation And Confirmation Steps.
Rule 335-6-15-.23 Reporting And Cleanup Of Spills And Overfills.
Rule 335-6-15-.24 Initial Release Response.
Rule 335-6-15-.25 Initial Abatement Measures And Preliminary
Investigation.
Rule 335-6-15-.26 Preliminary Investigation Requirements.
Rule 335-6-15-.27 Free Product Removal.
Rule 335-6-15-.28 Secondary Investigation Requirements.
Rule 335-6-15-.29 Corrective Action Plan.
Rule 335-6-15-.30 Corrective Action Requirements.
Rule 335-6-15-.33 Temporary Closure.
Rule 335-6-15-.34 Permanent Closure And Changes-In-Service.
Rule 335-6-15-.35 Site Closure Or Change-In-Service Assessment.
Rule 335-6-15-.36 Applicability to Previously Closed UST
Systems.
Rule 335-6-15-.37 Closure Records.
Rule 335-6-15-.43 Financial Responsibility for Petroleum UST
Owners And Operators.
Rule 335-6-15-.46 Operator Training.
Rule 335-6-15-.48 UST Systems With Field-Constructed Tanks And
UST Systems With Airport Hydrant Fuel Distribution Systems.
(c) Copies of Alabama statutes that are incorporated by
reference are available from the Legislative Services Agency,
Alabama State House, Suite 613, 11 South Union Street, Montgomery,
Alabama 36110-2400; Phone number: (334) 271-7700; website: <a href="http://lsa.state.al.us">http://lsa.state.al.us</a>. Copies of Alabama regulations that are incorporated
by reference are available at the following website: <a href="http://www.alabamaadministrativecode.state.al.us">http://www.alabamaadministrativecode.state.al.us</a>.
* * * * *
[FR Doc. 2021-19724 Filed 9-13-21; 8:45 am]
BILLING CODE 6560-50-P
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This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.