Rule2022-01432
District of Columbia: Final Approval of State Underground Storage Tank Program Revisions, Codification, and Incorporation by Reference
Primary source
Metadata and text below are from the Federal Register, a public-domain U.S. government work. Always verify the official published version before relying on it for any legal matter.
Published
January 27, 2022
Effective
March 28, 2022
Issuing agencies
Environmental Protection Agency
Abstract
Pursuant to the Solid Waste Disposal Act of 1965, as amended (commonly known as the Resource Conservation and Recovery Act (RCRA)), the Environmental Protection Agency (EPA) is taking direct final action to approve revisions to the District of Columbia's Underground Storage Tank (UST) program submitted by the District of Columbia (District or State). This action also codifies EPA's approval of the District of Columbia's state program and incorporates by reference (IBR) those provisions of the District's regulations and statutes that EPA has determined meet the requirements for approval. The provisions will be subject to EPA's inspection and enforcement authorities under sections 9005 and 9006 of RCRA Subtitle I and other applicable statutory and regulatory provisions.
Full Text
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<title>Federal Register, Volume 87 Issue 18 (Thursday, January 27, 2022)</title>
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[Federal Register Volume 87, Number 18 (Thursday, January 27, 2022)]
[Rules and Regulations]
[Pages 4160-4167]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2022-01432]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 282
[EPA-R03-UST-2020-0715; FRL-8854-01-R3]
District of Columbia: 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 Solid Waste Disposal Act of 1965, as amended
(commonly known as the Resource Conservation and Recovery Act (RCRA)),
the Environmental Protection Agency (EPA) is taking direct final action
to approve revisions to the District of Columbia's Underground Storage
Tank (UST) program submitted by the District of Columbia (District or
State). This action also codifies EPA's approval of the District of
Columbia's state program and incorporates by reference (IBR) those
provisions of the District's regulations and statutes that EPA has
determined meet the requirements for approval. The provisions will be
subject to EPA's inspection and enforcement authorities
[[Page 4161]]
under sections 9005 and 9006 of RCRA Subtitle I and other applicable
statutory and regulatory provisions.
DATES: This rule is effective March 28, 2022, unless EPA receives
significant negative comments opposing this action by February 28,
2022. If EPA receives significant negative comments opposing this
action, EPA will publish a timely withdrawal in the Federal Register
informing the public that the rule will not take effect. The
incorporation by reference of certain publications listed in the
regulations is approved by the Director of the Federal Register, as of
March 28, 2022, 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: <a href="https://www.regulations.gov">https://www.regulations.gov</a>. Follow
the on-line instructions for submitting comments.
2. Email: <a href="/cdn-cgi/l/email-protection#2d594542405d5e42430346454c41444c6d485d4c034a425b"><span class="__cf_email__" data-cfemail="c2b6aaadafb2b1adaceca9aaa3aeaba382a7b2a3eca5adb4">[email protected]</span></a>.
Instructions: Direct your comments to Docket ID No. EPA-R03-UST-
2020-0715.
EPA's policy is that all comments received will be included in the
public docket without change and may be available online at <a href="https://www.regulations.gov">https://www.regulations.gov</a>, 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 <a href="https://www.regulations.gov">https://www.regulations.gov</a>, or
email. The Federal website, <a href="https://www.regulations.gov">https://www.regulations.gov</a>, is an
``anonymous access'' system, which means 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 EPA without
going through <a href="https://www.regulations.gov">https://www.regulations.gov</a>, your email address will be
automatically captured and included as part of the comment that is
placed in the public docket and made available on the internet. If you
submit an electronic comment, EPA recommends that you include your name
and other contact information in the body of your comment. If EPA
cannot read your comment due to technical difficulties, and cannot
contact you for clarification, EPA may not be able to consider your
comment. Electronic files should avoid the use of special characters,
any form of encryption, and be free of any defects or viruses. EPA
encourages electronic submittals, but if you are unable to submit
electronically, please reach out to the EPA contact person listed in
the notice for assistance. If you need assistance in a language other
than English, or you are a person with disabilities who needs a
reasonable accommodation at no cost to you, please reach out to the EPA
contact person by email or phone.
Docket: All documents in the docket are listed in the <a href="https://www.regulations.gov">https://www.regulations.gov</a> 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 materials are available electronically through <a href="https://www.regulations.gov">https://www.regulations.gov</a>.
FOR FURTHER INFORMATION CONTACT: Khalia Thompson, (215) 814-3348,
<a href="/cdn-cgi/l/email-protection#abdfc3c4c6dbd8c4c585c0c3cac7c2caebcedbca85ccc4dd"><span class="__cf_email__" data-cfemail="8df9e5e2e0fdfee2e3a3e6e5ece1e4eccde8fdeca3eae2fb">[email protected]</span></a>, RCRA Programs Branch; Land, Chemicals, and
Redevelopment Division; EPA Region 3, 1650 Arch Street (Mailcode
3LD30), Philadelphia, PA 19103-2029.
SUPPLEMENTARY INFORMATION:
I. Approval of Revisions to the District of Columbia's Underground
Storage Tank Program
A. Why are revisions to state programs necessary?
Section 9004 of RCRA authorizes EPA to approve state underground
storage tank (UST) programs to operate in lieu of the Federal UST
program. EPA may approve a state program if the state demonstrates,
pursuant to section 9004(a), 42 U.S.C. 6991c(a), that the state program
includes the elements set forth at section 9004(a)(1) through (9), 42
U.S.C. 6991c(a)(1) through (9), and provides for adequate enforcement
of compliance with UST standards (section 9004(a), 42 U.S.C. 6991c(a)).
Additionally, EPA must find, pursuant to section 9004(b), 42 U.S.C.
6991c(b), that the state program is ``no less stringent'' than the
Federal program in the elements set forth at section 9004(a)(1) through
(7), 42 U.S.C. 6991c(a)(1) through (7). States such as the District of
Columbia (a jurisdiction recognized as a ``State'' pursuant to section
1004(31) of RCRA) that have received final UST program approval from
EPA under section 9004 of RCRA must, in order to retain such approval,
revise their approved programs when the controlling Federal or state
statutory or regulatory authority is changed and EPA determines a
revision is required. In 2015, EPA revised the Federal UST regulations
and determined that states must revise their UST programs accordingly.
B. What decisions has EPA made in this rule?
On November 12, 2020, in accordance with 40 CFR 281.51, the
District of Columbia submitted a complete program revision application
seeking EPA approval for its UST program revisions (State Application).
The District'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. As required by 40
CFR 281.20, the State Application contains the following: A transmittal
letter requesting program 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 EPA and the implementing agency; an
Attorney General's statement in accordance with 40 CFR 281.24
certifying to applicable State authorities; and copies of all relevant
State statutes and regulations. EPA has reviewed the State Application
and determined that the revisions to the District of Columbia's UST
program are no less stringent than the corresponding Federal
requirements in subpart C of 40 CFR part 281, and that the District of
Columbia's program provides for adequate enforcement of compliance (40
CFR 281.11(b)). Therefore, EPA grants the District of Columbia final
approval to operate its UST program with the changes described in the
State Application, and as outlined below in section I.G. of this
preamble.
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 the District of Columbia, 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 concurrently with a
proposed rulemaking because EPA views this as a noncontroversial action
and anticipates no significant negative comment. EPA is providing an
opportunity for public comment now.
E. What happens if EPA receives comments that oppose this action?
Along with this direct final rule, EPA is publishing a separate
document in the
[[Page 4162]]
``Proposed Rules'' Section of this Federal Register that serves as the
proposal to approve the State's UST program revisions, providing
opportunity for public comment. If EPA receives significant negative
comments that oppose this approval, EPA will publish a timely
withdrawal in the Federal Register informing the public that the rule
will not take effect. EPA will not make any further decision on the
approval of the State program changes until it considers any
significant negative comment received during the comment period. EPA
will address any significant negative comment 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 the District of Columbia previously been approved?
On July 9, 1997, the EPA finalized a rule approving the District of
Columbia's UST program, effective August 8, 1997 (62 FR 36698), to
operate in lieu of the Federal program. On May 4, 1998, EPA corrected
the effective date to May 4, 1998 (63 FR 24453). EPA has not codified
the District of Columbia's approved program prior to this action.
G. What changes is EPA approving with this action?
On November 12, 2020, in accordance with 40 CFR 281.51, the
District of Columbia submitted a complete application for final
approval of its UST program revisions adopted on January 24, 2020,
effective February 21, 2020. EPA has reviewed the District's UST
program requirements and determined that such requirements are no less
stringent than the Federal regulations and that the criteria set forth
in 40 CFR part 281 subpart C are met. As part of the State Application,
the Attorney General for the District of Columbia certified that the
laws and regulations of the District of Columbia provide adequate
authority to carry out a program that is ``no less stringent'' than the
Federal requirements in 40 CFR part 281. EPA is relying on this
certification in addition to the analysis submitted by the District in
making our determination. EPA now makes an immediate final decision,
subject to receipt of any significant negative written comments that
oppose this action, that the District of Columbia's UST program
revisions satisfy all of the requirements necessary to qualify for
final approval. Therefore, EPA grants the District of Columbia final
approval for the following program changes:
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Required Federal element Implementing State authority
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40 CFR 281.30, New UST Systems and 20 DCMR 5502.2, 5507, 5600,
Notification. 5602.1, 5700-5702, 5704-5706,
5803, 6002.2, 6003.6, 6011.2.
40 CFR 281.31, Upgrading Existing UST 20 DCMR 5507.7, 5700, 5800-
Systems. 5804.
40 CFR 281.32, General Operating 20 DCMR 5502.2(c), 5601.6,
Requirements. 5602, 5603.1, 5603.4, 5604,
5801, 5900-5904, 6001.
40 CFR 281.33, Release Detection........ 20 DCMR 5507.2-.3, 5702.4,
5704.5, 6000-6013.
40 CFR 281.34, Release Reporting, 20 DCMR 6201-6203, 6601.1.
Investigation, and Confirmation.
40 CFR 281.35, Release Response and 20 DCMR 6202.4, 6203-6211.
Corrective Action.
40 CFR 281.36, Out-of-service Systems 20 DCMR 5507.13, 6100-6102.
and Closure.
40 CFR 281.37, Financial Responsibility 20 DCMR 6700-6715.
for USTs Containing Petroleum.
40 CFR 281.38, Lender Liability......... 20 DCMR 6200.4.
40 CFR 281.39, Operator Training........ 20 DCMR 5602.3, 6502-6503.
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The State also demonstrates that its program provides adequate
enforcement of compliance as described in 40 CFR 281.11(b) and part
281, subpart D. The District of Columbia's lead implementing agency,
the Department of Energy and Environment (DOEE), has broad statutory
and regulatory authority with respect to USTs to regulate installation,
operation, maintenance, closure and UST releases, and to issue orders.
The statutory and regulatory authority is found in the District of
Columbia Code at Sections 8-113.01-12 and in the District of Columbia
Municipal Regulations (DCMR) at 20 DCMR Sections 5500-7099.
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 District requirements are considered
``broader in scope'' than the Federal program:
<bullet> The District may regulate substances designated by the
Mayor in addition to those regulated under the Federal program. DC Code
Sec. 8-113.01(7)(C).
<bullet> The District regulates tanks that store heating oil for
consumptive use on the premises where stored under 20 DCMR Sec. Sec.
5503.1-.2, 5703. Such tanks are excluded from the Federal definition of
underground storage tanks.
<bullet> The District regulates any UST associated with equipment
or machinery that contains regulated substances for operational
purposes (such as hydraulic lift tanks and electrical equipment tanks)
and any UST system with a capacity of one hundred ten (110) gallons or
less under 20 DCMR Sec. 5504. Such tanks and tank systems are excluded
from the requirements of the Federal regulations.
<bullet> The District regulates persons who are not owners or
operators of USTs. See, e.g., DC Code Sec. 8-113.01(9)(A)(ii)-(v),
.02(f) and (g), 113.03, 113.08(d), and 20 DCMR Chapters 56, 59, 61, 62,
and 70.
<bullet> The District requires owners or operators of USTs
undergoing installation, upgrade, repair or closure to obtain a
building permit prior to such activity under 20 DCMR Sec. Sec. 5500.2,
5603.5, 6210.8 and to comply with fire and construction codes under
5500.1(c) and (d), respectively.
<bullet> The District charges fees for registration, certification,
installation, closure-in-place or removal. DC Code Sec. 8-113.06(c),
(d), 8-113.12(a)(9), 20 DCMR Sec. Sec. 5601, 5605, and 6501.
<bullet> The District requires contractor licensure and
certification of persons other than installers. DC Code Sec. 8-
113.06(a), 20 DCMR Sec. Sec. 6500.1-.4, .6-.10, 6501.
In accordance with 40 CFR 281.12(a)(3)(ii), the additional coverage
listed above is not part of the federally-approved program and is not
federally enforceable.
[[Page 4163]]
II. Codification
A. What is codification?
Codification is the process of placing a state's statutes and
regulations that comprise the state's approved program into the Code of
Federal Regulations (CFR). Section 9004(b) of RCRA, as amended, allows
EPA to approve state UST programs to operate in lieu of the Federal
program. EPA codifies its authorization of state programs in 40 CFR
part 282 and incorporates by reference state statutes and regulations
that EPA will enforce under sections 9005 and 9006 of RCRA and any
other applicable statutory provisions. The incorporation by reference
of state authorized programs in the CFR should substantially enhance
the public's ability to discern the current status of the approved
state program and state requirements that can be federally enforced.
This effort provides clear notice to the public of the scope of the
approved program in each state.
B. What is the history of codification of District of Columbia's UST
program?
EPA has not previously incorporated by reference the District of
Columbia's UST program. In this document, EPA is amending 40 CFR 282.58
to include the approved revised program.
C. What codification decisions has EPA made in this rule?
Incorporation by reference: In this rule, EPA is finalizing
regulatory text that includes incorporation by reference. In accordance
with the requirements of 1 CFR 51.5, EPA is finalizing the
incorporation by reference of the District of Columbia statutes and
regulations described in the amendments to 40 CFR part 282 set forth
below. EPA has made, and will continue to make, these documents
generally available through <a href="https://www.regulations.gov">https://www.regulations.gov</a> and at the EPA
Region 3 office (see the FOR FURTHER INFORMATION CONTACT section of
this preamble for more information).
One purpose of this rule is to codify the District of Columbia's
approved UST program. The codification reflects the State program that
will be in effect at the time EPA's approved revisions to the
District's UST program addressed in this direct final rule become
final. If, however, EPA receives any significant negative comment
opposing the proposed rulemaking then this codification will not take
effect, and the State rules that are approved after EPA considers
public comment will be codified instead. This rule incorporates by
reference the District of Columbia's UST statutes and regulations and
clarifies which of these provisions are included in the approved and
federally enforceable program. By codifying the approved District of
Columbia program and by amending the CFR, the public will more easily
be able to discern the status of the federally-approved requirements of
the District of Columbia program.
EPA is incorporating by reference the District of Columbia approved
UST program in 40 CFR 282.58. Section 282.58(d)(1)(i)(A) and (B)
incorporates by reference for enforcement purposes the State's statutes
and regulations.
Section 282.58 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 District of Columbia'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. If EPA
determines it will take such actions in the District of Columbia, EPA
will rely on Federal sanctions, Federal inspection authorities, and
Federal procedures rather than the State's authorized analogs to these
provisions. Therefore, EPA is not incorporating by reference such
approved District of Columbia's procedural and enforcement authorities.
Section 282.58(d)(1)(ii) of 40 CFR lists those approved District of
Columbia authorities that would fall into this category.
E. What State provisions are not part of the codification?
The public also needs to be aware that some provisions of the
State's UST program are not part of the federally-approved State
program. Such provisions are not part of the RCRA Subtitle I program
because they are ``broader in scope'' than Subtitle I of RCRA. 40 CFR
281.12(a)(3)(ii) states that where an approved state program has a
greater scope of coverage than required by Federal law, the additional
coverage is not a part of the federally-approved program. As a result,
State provisions that are ``broader in scope'' than the Federal program
are not incorporated by reference for purposes of enforcement in part
282. Section 282.58(d)(1)(iii) lists for reference and clarity the
District of Columbia's statutory and regulatory provisions that are
``broader in scope'' than the Federal program and which are not,
therefore, part of the approved program being codified in this action.
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 the District of Columbia'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:
A. Executive Order 12866 Regulatory Planning and Review, Executive
Order 13563: Improving Regulation and Regulatory Review
The Office of Management and Budget (OMB) has exempted this action
from the requirements of Executive Order 12866 (58 FR 51735, October 4,
1993) and 13563 (76 FR 3821, January 21, 2011). This action approves
and codifies State requirements for the purpose of RCRA section 9004
and imposes no additional requirements beyond those imposed by State
law. Therefore, this action is not subject to review by OMB.
B. Unfunded Mandates Reform Act and Executive Order 13175: Consultation
and Coordination With Indian Tribal Governments
Because this action approves and codifies pre-existing requirements
under State law and does not impose any additional enforceable duty
beyond that required by State law, it does not contain any unfunded
mandate or significantly or uniquely affect small governments, as
described in the Unfunded Mandates Reform Act of 1995 (2 U.S.C. 1531-
1538). Currently there are no federally recognized tribes in the
District of Columbia. Therefore, this action also does not
significantly or uniquely affect the communities of tribal governments,
as specified by Executive Order 13175 (65 FR 67249, November 9, 2000).
C. Executive Order 13132: Federalism
This action will not have substantial direct effects on the States,
on the relationship between the national government and the States, or
on the distribution of power and responsibilities among the various
levels of government, as specified in Executive Order 13132 (64 FR
43255,
[[Page 4164]]
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.
D. Executive Order 13045: Protection of Children From Environmental
Health and Safety Risks
This action also is not subject to Executive Order 13045 (62 FR
19885, April 23, 1997), because it is not economically significant, and
it does not make decisions based on environmental health or safety
risks.
E. Executive Order 13211: Actions That Significantly Affect Energy
Supply, Distribution, or Use
This rule is not subject to Executive Order 13211, ``Actions
Concerning Regulations that Significantly Affect Energy Supply,
Distribution, or Use'' (66 FR 28355, May 22, 2001) because it is not a
``significant regulatory action'' as defined under Executive Order
12866.
F. National Technology Transfer and Advancement Act
Under RCRA section 9004(b), EPA grants a State's application for
approval as long as the State meets the criteria required by RCRA. It
would thus be inconsistent with applicable law for EPA, when it reviews
a State approval application, to require the use of any particular
voluntary consensus standard in place of another standard that
otherwise satisfies the requirements of RCRA. Thus, the requirements of
Section 12(d) of the National Technology Transfer and Advancement Act
of 1995 (15 U.S.C. 272 note) do not apply.
G. Executive Order 12988: Civil Justice Reform
As required by Section 3 of Executive Order 12988 (61 FR 4729,
February 7, 1996), in issuing this rule, EPA has taken the necessary
steps to eliminate drafting errors and ambiguity, minimize potential
litigation, and provide a clear legal standard for affected conduct.
H. Executive Order 12630: Governmental Actions and Interference With
Constitutionally Protected Property Rights
EPA has complied with Executive Order 12630 (53 FR 8859, March 15,
1988) by examining the takings implications of the rule in accordance
with the ``Attorney General's Supplemental Guidelines for the
Evaluation of Risk and Avoidance of Unanticipated Takings'' issued
under the executive order.
I. Paperwork Reduction Act
This rule does not impose an information collection burden under
the provisions of the Paperwork Reduction Act of 1995 (44 U.S.C. 3501
et seq.). ``Burden'' is defined at 5 CFR 1320.3(b).
J. Executive Order 12898: Federal Actions To Address Environmental
Justice in Minority Populations and Low-Income Populations
Executive Order 12898 (59 FR 7629, February 16, 1994) establishes
Federal executive policy on environmental justice. Its main provision
directs Federal agencies, to the greatest extent practicable and
permitted by law, to make environmental justice part of their mission
by identifying and addressing, as appropriate, disproportionately high
and adverse human health or environmental effects of their programs,
policies, and activities on minority populations and low-income
populations in the United States. EPA believes that this action does
not have disproportionately high and adverse human health or
environmental effects on minority populations, low-income populations
and/or indigenous peoples, because it approves pre-existing State rules
that are no less stringent than existing Federal requirements, and
imposes no additional requirements beyond those imposed by State law.
For these reasons, this rule is not subject to Executive Order 12898.
K. Congressional Review Act
The Congressional Review Act, 5 U.S.C. 801-808, 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. 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). However,
this action will be effective March 28, 2022 because it is a direct
final rule.
Authority: This rule is issued under the authority of section
9004 of the Solid Waste Disposal Act of 1965, as amended, 42 U.S.C.
6991c.
List of Subjects in 40 CFR Part 282
Environmental protection, Administrative practice and procedure,
Confidential business information, Hazardous substances, Incorporation
by reference, Insurance, Intergovernmental relations, Oil pollution,
Penalties, Petroleum, Reporting and recordkeeping requirements, State
program approval, Surety bonds, Underground storage tanks, Water
pollution control, Water supply.
Adam Ortiz,
Regional Administrator, EPA Region 3.
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. 282.58 to read as follows:
Sec. 282.58 District of Columbia State-Administered Program.
(a) The District of Columbia is approved to administer and enforce
an underground storage tank program in lieu of the Federal program
under Subtitle I of the Resource Conservation and Recovery Act of 1976
(RCRA), as amended, 42 U.S.C. 6991 et seq. The State's program, as
administered by the District of Columbia's Department of Energy and
Environment's predecessor agency, the Department of Consumer and
Regulatory Affairs, was approved by EPA pursuant to 42 U.S.C. 6991c and
40 CFR part 281 of this chapter. EPA approved the District of Columbia
underground storage tank program on July 9, 1997, and approval was
effective on May 4, 1998. A subsequent program revision application was
approved by EPA and became effective on March 28, 2022.
(b) The District of Columbia 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, regardless of whether
the State has taken its own actions, as well as under any other
applicable statutory and regulatory provisions.
(c) To retain program approval, the District of Columbia must
revise its approved program to adopt new changes to the Federal
Subtitle I program which
[[Page 4165]]
makes it more stringent, in accordance with Section 9004 of RCRA, 42
U.S.C. 6991c, and 40 CFR part 281, subpart E. If the District of
Columbia obtains approval for the revised requirements pursuant to
section 9004 of RCRA, 42 U.S.C. 6991c, the newly approved statutory and
regulatory provisions will be added to this subpart and notice of any
change will be published in the Federal Register.
(d) The District of Columbia has final approval for the following
elements of its program application originally submitted to EPA and
approved on July 9, 1997, and effective May 4, 1998, and the program
revision application approved by EPA, effective on March 28, 2022.
(1) State statutes and regulations--(i) Incorporation by reference.
The provisions cited in this paragraph, and listed in Appendix A to
Part 282, with the exception of the provisions cited in paragraphs
(d)(1)(ii) and (iii) of this section, are incorporated by reference as
part of the approved underground storage tank program in accordance
with 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
District of Columbia's regulations and statutes that are incorporated
by reference in this paragraph from District of Columbia's Underground
Storage Tank Branch, Toxic Substances Division, Department of Energy
and Environment, 1200 First Street NE, 5th Fl., Washington DC 20002
(phone number 202-535-2326). You may inspect all approved material at
the EPA Region 3 office, 1650 Arch Street, Philadelphia, PA 19103-2029
(phone number 215-814-3348) or the National Archives and Records
Administration (NARA). For information on the availability of the
material at NARA, email <a href="/cdn-cgi/l/email-protection#583e2a7631362b283d3b2c3137361836392a39763f372e"><span class="__cf_email__" data-cfemail="086e7a2661667b786d6b7c6167664866697a69266f677e">[email protected]</span></a> or go to <a href="https://www.archives.gov/federal-register/cfr/ibr-locations.html">https://www.archives.gov/federal-register/cfr/ibr-locations.html</a>.
(A) ``District of Columbia Statutory Requirements Applicable to the
Underground Storage Tank Program,'' March 1991.
(B) ``District of Columbia Regulatory Requirements Applicable to
the Underground Storage Tank Program,'' February 2020.
(ii) Legal basis. EPA evaluated the following statutes and
regulations, which are part of the approved program, but which are not
being incorporated by reference for enforcement purposes, and do not
replace Federal authorities:
(A) The statutory provisions include:
(1) Code of the District of Columbia, Division I, Title 8, Subtitle
A, Chapter 1, Subchapter VII, Underground Storage Tank Management Act,
Sections: 8-113-04; 8-113.06(a); 8-113.07; 8-113.08; 8-113.09; 8-
113.10; 8-113.12.
(2) Code of the District of Columbia, Division I, Title 8, Subtitle
A, Chapter 1, Subchapter II, Water Pollution Control, Sections: 8-
103.10(c); 8-103.20.
(3) Code of the District of Columbia, Division I, Title 8, Subtitle
A, Chapter 1A, Subchapter I, General, Sections: 8-151.07; 8-151.08(6).
(B) The regulatory provisions include:
(1) District of Columbia Municipal Regulations, Title 20, Chapters
55-67 and 70, Underground Storage Tank Regulations, Sections: 5501.1 as
to regulated substance delivery person or company; 5601.7; 5800.3;
6300-6302; 6600-6605, including 6602.7 (Delivery Prohibition).
(2) District of Columbia Municipal Regulations, Title 16,
Consumers, Commercial Practices, & Civil Infractions--Chapters 32 and
40; Chapter 32, Section 3201; Chapter 40, Section 4008.
(3) District of Columbia State Rules--Superior Court Rules of Civil
Procedure--IV. Parties, Super. Ct. Civ. R. 24--Intervention.
(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 herein. These provisions are not federally
enforceable:
(A) Code of the District of Columbia, Division I, Title 8, Subtitle
A, Chapter 1, Subchapter VII, Underground Storage Tank Management,
Sections: 8-113.01(7)(C) and (9)(A)(ii)-(v); 8-113.02(f) and (g)
insofar as (g) includes persons who are not owners or operators of
underground storage tanks; 8-113.03(a) insofar as includes persons who
are not owners or operators of underground storage tanks; 8-113.06(b)-
(d) as to fees.
(B) District of Columbia Municipal Regulations, Title 20, Chapters
55-67 and 70, Underground Storage Tank Regulations, Sections:
5500.1(c)-(d); 5500.2; 5501.1 as to persons who are not owners or
operators of underground storage tanks; 5503.1-.2 insofar as regulates
tanks that store heating oil for use on the premises where stored;
5504; 5600.1(b); 5601.1 insofar as regulates tanks that store heating
oil for use on the premises where stored; 5601.2-.3 insofar as requires
payment of fees; 5603.5 insofar as requires permits; 5604 insofar as
includes persons who are not owners or operators of underground storage
tanks, 5604.3-.4; 5605; 5606; 5700.4, .7, and .8(b); 5703; 5706.1
insofar as requires compliance with District fire code; 5900.1-.3, .7,
as to ``agent in charge,'' .10 as to ``responsible party; 5904.5;
6003.4; 6100.4; 6202.2; 6210.8 insofar as requires permits; 6212;
6500.1-.4, .6-.10; 6501; 7099.1 as to the definitions of ``agent in
charge,'' ``authorized agent,'' ``voluntary remediating party,'' and
``voluntary remediation,'' and the definitions of ``real property
owner'' and ``responsible party'' insofar as each definition includes
persons who are not owners or operators of underground storage tanks.
(2) Statement of legal authority. ``Attorney General's Statement''
signed by the Attorney General on September 18, 2020, though not
incorporated by reference, is referenced as part of the approved
underground storage tank program under Subtitle I of RCRA, 42 U.S.C.
6991 et seq.
(3) Demonstration of procedures for adequate enforcement. The
``Demonstration of Adequate Enforcement Procedures'' submitted as part
of the program revision application for approval on November 12, 2020,
though not incorporated by reference, is referenced as part of the
approved underground storage tank program under Subtitle I of RCRA, 42
U.S.C. 6991 et seq.
(4) Program description. The program description and any other
material submitted as part of the program revision application for
approval on November 12, 2020, 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 3 and the District of Columbia Department of Energy and the
Environment, signed by the EPA Regional Administrator on November 25,
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 adding the entry for District of
Columbia to read as follows:
Appendix A to Part 282--State Requirements Incorporated by Reference in
Part 282 of the Code of Federal Regulations
* * * * *
District of Columbia
(a) The statutory provisions include:
(1) Code of the District of Columbia, Division I, Title 8,
Subtitle A, Chapter 1,
[[Page 4166]]
Subchapter VII, Underground Storage Tank Management, sections 8-
113.01-113.12
Section 8-113.01. Definitions, except (7)(C) and (9)(A)(ii)-(v)
Section 8-113.02. Notification, except (f)
Section 8-113.03. Release notification requirements, except (a) as
to persons who are not owners or operators of underground storage
tanks
Section 8-113.06. Certification, registration and licensing, except
(b) as to fees; (c)-(d)
(2) [Reserved]
(b) The regulatory provisions include:
(1) District of Columbia Municipal Regulations, Title 20,
Chapters 55-67 and 70, Underground Storage Tanks
Chapter 55 Underground Storage Tanks--General Provisions
Section 5500 Compliance with District Laws, except 5500.1(c)-(d);
5500.2
Section 5501 Applicability of UST regulations, except 5501.1 as to
persons who are not owners or operators of underground storage tanks
Section 5502 Partial Applicability of UST Regulations to Particular
UST Systems
Section 5503 Partial Applicability of UST Regulations to Heating Oil
Tanks, except 5503.1-.2
Section 5505 Applicability to Emergency Generator UST Systems
Section 5506 Industry Codes and Standards
Section 5507 Field-Constructed Tanks and Airport Hydrant Fuel
Distribution Systems
Chapter 56 Underground Storage Tanks--Notification, Registration,
Recordkeeping, and Public Information
Section 5600 Notice of the Existence, Use, Purchase, Sale or Change
in Service of an UST System, except as to persons who are not owners
or operators of underground storage tanks; 5600.1(b)
Section 5601 Registration, except 5601.1 as to tanks that store
heating oil for use on the premises where stored; 5601.2-.3 as to
payment of fees; 5601.10 as to persons who are not owners or
operators of underground storage tanks
Section 5602 Recordkeeping and Reports
Section 5603 Notice of Installation, Removal, Closure-in-Place,
Repair, Upgrade, and Testing, except 5603.5 insofar as requires
permits
Section 5604 Notice of Sale of Real Property, except as to persons
who are not owners or operators of underground storage tanks,
5604.3-.4
Section 5607 Public Record Information
Chapter 57 Underground Storage Tanks--New Tank Performance Standards
Section 5700 Existing and New UST Systems--General Provisions,
except 5700.4, .7, .8(b)
Section 5701 New Petroleum UST Systems
Section 5702 New Hazardous Substance UST Systems
Section 5704 New Piping for UST Systems
Section 5705 Spill and Overfill Prevention Equipment for New and
Upgraded UST Systems
Section 5706 Installation of New UST Systems, except 5706.1 insofar
as requires compliance with District fire codes
Chapter 58 Underground Storage Tanks--Operation and Maintenance of USTs
Section 5800 Existing UST System Upgrades
Section 5801 Tank Upgrades
Section 5802 Existing UST System Piping Upgrades
Section 5803 Spill and Overfill Prevention Equipment Upgrades
Section 5804 Tank Tightness Testing upon Upgrade
Chapter 59 Underground Storage Tanks--Operation and Maintenance of USTs
Section 5900 Spill and Overfill Control, except 5900.1-.3, .7 as to
``agent in charge;'' .10 as to ``responsible party''
Section 5901 Tank Corrosion Protection
Section 5902 Repair or Replacement of UST Systems
Section 5903 Compatibility
Section 5904 Walkthrough Inspections, except 5904.5
Chapter 60 Underground Storage Tanks--Release Detection
Section 6000 Release Detection--General Provisions
Section 6001 Release Detection Recordkeeping
Section 6002 Release Detection for Hazardous Substance UST Systems
Section 6003 Release Detection for Petroleum UST System Tanks,
except 6003.4
Section 6004 Release Detection for Petroleum UST System Piping
Section 6005 Inventory Control and Statistical Inventory
Reconciliation
Section 6006 Manual Tank Gauging
Section 6007 Tank Tightness Testing
Section 6008 Automatic Tank Gauging
Section 6009 Vapor Monitoring
Section 6010 Groundwater Monitoring
Section 6011 Interstitial Monitoring
Section 6012 Statistical Inventory Reconciliation
Section 6013 Other Methods of Release Detection
Chapter 61 Underground Storage Tanks--Closure
Section 6100 Temporary Closure, except 6100.4
Section 6101 Permanent Closure and Change-In-Service
Section 6102 Previously Closed UST Systems
Section 6103 Closure Records
Chapter 62 Underground Storage Tanks--Reporting of Releases,
Investigation, Confirmation, Assessment, and Corrective Action
Section 6200 Obligations of Responsible Parties--Releases, Spills,
and Overfills
Section 6201 Reporting and Cleanup of Spills and Overfills
Section 6202 Reporting of Releases of Regulated Substances, except
6202.2
Section 6203 Site Investigation, Confirmation of Release, Initial
Abatement, and Initial Site Assessment
Section 6204 Removal of Free Product
Section 6205 Comprehensive Site Assessment
Section 6206 Risk-Based Corrective Action (RBCA) Process
Section 6207 Corrective Action Plan and Its Implementation
Section 6208 Tier 0 Standards
Section 6209 Tiers 1 and 2 Standards
Section 6210 No Further Action and Case Closure Requirements, except
6210.8 insofar as requires permits
Section 6211 Public Participation in Corrective Action
Chapter 64 Underground Storage Tanks--Corrective Action by the District
and Cost Recovery
Section 6400 Corrective Action by the District
Section 6401 Cost Recovery
Chapter 65 Underground Storage Tanks--Licensing, Certification,
Operator Requirements, and Operator Training
Section 6500 Licensing and Certification of UST System Installers,
Removers, Testers, and Technicians, except 6500.1-.4, .6-.10
Section 6502 Operator Designation
Section 6503 Operator Training and Training Program Approval
Chapter 67 Underground Storage Tanks--Financial Responsibility
Section 6700 Petroleum UST Systems
Section 6701 Financial Responsibility Mechanisms
Section 6702 Financial Responsibility Records and Reports
Section 6703 Financial Test of Self-Insurance
Section 6704 Financial Test of Self-Insurance: Test A
Section 6705 Financial Test of Self-Insurance: Test B
Section 6706 Guarantees
Section 6707 Insurance and Risk Retention Group Coverage
Section 6708 Surety Bonds
Section 6709 Letter of Credit
Section 6710 Private Trust Funds
Section 6711 Standby Trust Funds
Section 6712 Drawing on Financial Assurance Mechanism
Section 6713 Replenishment of Guarantees, Letters of Credit, or
Surety Bonds
Section 6714 Cancellation or Non-Renewal of Financial Assurance
Section 6715 Bankruptcy or Incapacity
Appendix 67-1 Certification of Financial Responsibility
Appendix 67-2 Financial Test of Self Insurance Letter From Chief
Financial Officer
Appendix 67-3 Guarantee
Appendix 67-4 Certificate of Insurance
Appendix 67-5 Endorsement
Appendix 67-6 Performance Bond
Appendix 67-7 Irrevocable Standby Letter of Credit
Appendix 67-8 Trust Agreement
Appendix 67-9 Certification of Valid Claim
Chapter 70 Underground Storage Tanks--Definitions
Section 7099 Definitions, except 7099.1 the definitions of ``agent
in charge,'' ``authorized agent,'' ``voluntary remediating party,''
and ``voluntary remediation'' and the definitions of ``real property
owner'' and ``responsible party'' insofar as each definition
includes persons
[[Page 4167]]
who are not owners or operators of underground storage tanks
(2) [Reserved]
* * * * *
[FR Doc. 2022-01432 Filed 1-26-22; 8:45 am]
BILLING CODE 6560-50-P
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</html>Indexed from Federal Register on January 27, 2022.
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.