Rule2022-14978
Connecticut: 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
July 14, 2022
Effective
September 12, 2022
Issuing agencies
Environmental Protection Agency
Abstract
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 Connecticut's Underground Storage Tank (UST) program submitted by the Connecticut Department of Energy and Environmental Protection ("DEEP"). This action also codifies EPA's approval of Connecticut 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 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 134 (Thursday, July 14, 2022)</title>
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[Federal Register Volume 87, Number 134 (Thursday, July 14, 2022)]
[Rules and Regulations]
[Pages 42083-42089]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2022-14978]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 282
[EPA-R01-UST-2022-0269; FRL-9580-02-R1]
Connecticut: 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 Connecticut's
Underground Storage Tank (UST) program submitted by the Connecticut
Department of Energy and Environmental Protection (``DEEP''). This
action also codifies EPA's approval of Connecticut 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 sections 9005 and 9006 of RCRA Subtitle I and other
applicable statutory and regulatory provisions.
DATES: This rule is effective September 12, 2022 unless EPA receives
adverse comment by August 15, 2022. 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 September 12, 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#6002050c010e044e010e04120501200510014e070f16"><span class="__cf_email__" data-cfemail="e785828b868983c9868983958286a7829786c9808891">[email protected]</span></a>.
Instructions: Direct your comments to Docket ID No. EPA-R01-UST-
2022-0269. 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 <a href="https://www.regulations.gov">https://www.regulations.gov</a>
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 <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 and 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 notice for assistance.
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. Certain other
material, such as copyrighted material,
[[Page 42084]]
might be publicly available only in hard copy form. Publicly available
docket materials are available either electronically through
<a href="http://www.regulations.gov">www.regulations.gov</a> or in hard copy.
IBR and supporting material: The EPA encourages electronic
reviewing of these documents, but if you are unable to review these
documents electronically, please contact Andrea Beland to schedule an
appointment to view the documents at the Region 1 Office, 5 Post Office
Square, 1st floor, Boston, MA 02109-3912. The facility is open from
8:30 a.m. to 4:00 p.m., Monday through Friday, excluding Federal
holidays. Interested persons wanting to examine these documents should
make an appointment at least two weeks in advance. EPA Region 1
requires all visitors to adhere to the COVID-19 protocol. Please
contact Andrea Beland for the COVID-19 protocol requirements for your
appointment. 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 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>.
FOR FURTHER INFORMATION CONTACT: Andrea Beland, (617) 918-1313,
<a href="/cdn-cgi/l/email-protection#f694939a979892d8979892849397b6938697d8919980"><span class="__cf_email__" data-cfemail="492b2c2528272d6728272d3b2c28092c3928672e263f">[email protected]</span></a>.
SUPPLEMENTARY INFORMATION:
I. Approval of Revisions to Connecticut's Underground Storage Tank
Program
A. Why are revisions to state programs necessary?
States that have received final approval from the EPA under RCRA
section 9004(b) of RCRA, 42 U.S.C. 6991c(b), must maintain an
underground storage tank program that is equivalent to, consistent
with, and no less stringent than the Federal UST program. Either EPA or
the approved state may initiate program revision. When EPA makes
revisions to the regulations that govern the UST program, states must
revise their programs to comply with the updated regulations and submit
these revisions to the EPA for approval. Program revision may be
necessary when the controlling Federal or state statutory or regulatory
authority is modified or when responsibility for the state program is
shifted to a new agency or agencies.
B. What decisions has the EPA made in this rule?
On December 22, 2021, in accordance with 40 CFR 281.51(a),
Connecticut submitted a complete program revision application seeking
the EPA approval for its UST program revisions (State Application).
Connecticut'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 to ensure adequate enforcement, a Memorandum of
Agreement outlining the roles and responsibilities of the EPA and the
implementing agency, a statement of certification from the Attorney
General, and copies of all relevant state statutes and regulations. We
have reviewed the State Application and determined that the revisions
to Connecticut's UST program are equivalent to, consistent with, and no
less stringent than the corresponding Federal requirements in subpart C
of 40 CFR part 281, and that the Connecticut program provides for
adequate enforcement of compliance (40 CFR 281.11(b)). Therefore, the
EPA grants Connecticut 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 Connecticut, 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 Connecticut previously been approved?
On July 5, 1995, the EPA finalized a rule approving the UST
program, effective August 4, 1995, to operate in lieu of the Federal
program. On August 9, 1996, effective October 8, 1996, the EPA codified
the approved Connecticut program, incorporating by reference the State
statutes and regulatory provisions that are subject to EPA's inspection
and enforcement authorities under RCRA sections 9005 and 9006, 42
U.S.C. 6991d and 6991e, and other applicable statutory and regulatory
provisions.
G. What changes are we approving with this action?
On December 22, 2021, in accordance with 40 CFR 281.51(a),
Connecticut submitted a complete application for final approval of its
UST program revisions, adopted on November 30, 2021. The EPA now makes
an immediate final decision, subject to receipt of written comments
that oppose this action, that Connecticut's UST program revisions
satisfy all the requirements necessary to qualify for final approval.
Therefore, EPA grants Connecticut final approval for the following
program changes:
[[Page 42085]]
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Required Federal element Implementing State authority
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40 CFR 281.30, New UST Systems and RCSA Section 22a-449(d)-
Notification. 101(a)(3)(B); 22a-449(d)-101(b);
22a-449(d)-102(a); 22a-449(d)-
102(a)(3), (6) through (8), and
(11) through (18); 22a-449(d)-
102(a)(5); 22a-449(d)-102(b); 22a-
449(d)-103(a) and (e); 22a-449(d)-
109; CGS Section 22a-449(e); 22a-
449o.
40 CFR 281.31, Upgrading Existing RCSA Section 22a-449(d)-101(a)(3)
UST Systems. and (b); 22a-449(d)-110(a), (b) and
(c); 22a-449(d)-110; 22a-449(d)-
111; CGS Section 22a-449 (e); 22a-
449o.
40 CFR 281.32, General Operating RCSA Section 22a-449(d)-102(a)(15);
Requirements. 22a-449(d)-102(b)(11); 22a-449(d)-
103(a); 22a-449(d)-103(a)(4); (b);
(c)(1), (c)(2) and (c)(2)(B); 22a-
449(d)-103(d); (d)(9); (e); (e)(2);
(e)(4); 22a-449(d)-104(g); 22a-
449(d)-108(c)(2); (c)(2)(B); 22a-
449(d)-110(a); CGS Sec. 22a-
449(e).
40 CFR 281.33, Release Detection.. RCSA Section 22a-449(d)-104(a)
22a-449(d)-101(b); 22a-449(d)-
104(a), (c), through (f); 22a-
449(d)-108(c)(2), (c)(2)(C)(viii);
CGS Section 22a-449o.
40 CFR 281.34, Release Reporting, RCSA Section 22a-449(d)-103(a)
Investigation, and Confirmation. 22a-449(d)-105(a) through (d); CGS
Section 22a-450.
40 CFR 281.35, Release Response RCSA Section 22a-449(d)-
and Corrective Action. 106(c)through (g); 22a-449(d)-
106(h)(1) through (4); 22a-449(d)-
106(i).
40 CFR 281.36, Out-of-service RCSA Section 22a-449(d)-107(a)
Systems and Closure. through (d).
40 CFR 281.37, Financial RCSA Section 22a-449(d)-109; 22a-
Responsibility for USTs 449(d)-109(d), (e) through (n),
Containing Petroleum. (p), (r), and (v).
40 CFR 281.39, Operator Training.. RCSA Section 22a-449(d)-108.
40 CFR 281.40, Legal Authorities RCSA Section 22a-449(d)-103(e); 22a-
for Compliance Monitoring. 449(d)-104(g); 22a-449(d)-105(c);
and CGS Section 22a-6; CGS Section
22a-449q; CGS Section 22a-449(f)
and (g).
40 CFR 281.41, Legal Authorities CGS Section 22a-6; CGS Section 22a-
for Enforcement Response. 7; CGS Section 22a-428; CGS Section
22a-432; CGS Section 22a-433; CGS
Section 22a-435; CGS Section 22a-
438.
40 CFR 281.42, Public Connecticut Practice Book Sec. 9-
Participation in Enforcement 18; RCSA Section 22a-3a-6(k); CGS
Proceedings. Section 52-107; CGS Section 4-177a;
CGS Section 22a-19.
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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 CT DEEP 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: Connecticut General Statutes Title 4.
Management of State Agencies, Section 22a-177a. Contested cases. Party
Intervenor Status; Connecticut General Statutes Title 52. Civil
Actions, Section 52-107. Additional parties may be summoned in;
Connecticut General Statutes Title 22A. Environmental Protection
Chapter 439. Department of Energy and Environmental Protection. State
Policy Part II. General Provisions, Section 22a-6. Commissioner to
establish environmental standards, regulations, and fees, to make
contracts and studies and to issue permits. Complaints. Hearings.
Bonds. Notice of contested cases. Fee waivers. Public notices on
department's internet website, Section 22a-7. Cease and desist orders.
Service. Hearings. Injunctions, and Section 22a-19. Administrative
proceedings; (4) Connecticut General Statutes Title 22A. Environmental
Protection Chapter 446K. Water Pollution Control, Section 22a-428.
Orders to municipalities to abate pollution, Section 22a-432. Order to
correct potential sources of pollution, Section 22a-433. Order to
landowner, Section 22a-435. Injunction, and Section 22a-438. Forfeiture
for violations. Penalties.
H. Where are the revised rules different from the Federal rules?
Broader in Scope Provisions
The following statutory and regulatory provisions are considered
broader in scope than the Federal program, and are therefore not
enforceable as a matter of Federal law:
The State of Connecticut regulates federally exempt on premise use
heating oil UST systems.
By May 8, 1986, the owner or operator of each existing facility and
within thirty days of a new installation's completion, an owner or
operator shall notify the Commissioner and the office of the local fire
marshal of the life expectancy determinations made for all underground
components at the facility.
The Commissioner may grant a variance or partial variance from one
or more provisions of Sec. 22-a-449(d)-1 provided such variance will
not endanger the public health, safety, or welfare or allow pollution
of the air, land, or waters of the state.
On and after October 10, 2009, the fee for the notification of each
nonresidential underground storage facility submitted to the
commissioner shall be one hundred dollars per tank. Such notification
shall be submitted annually on a form prescribed by the commissioner on
or before October tenth and shall be accompanied by such fee.
No person shall deliver a regulated substance to any UST, except
for fuel oil storage tanks used for on-premises heating purposes, or
farm or residential tanks used for storing motor fuel, that is visibly
designated by the Agency as not meeting standards adopted by the
Secretary related to corrosion protection, spill prevention, leak
detection, financial responsibility, or overfill protection.
If the commissioner determines that there is a release from a
nonresidential underground storage tank system or that such system is
not designed, constructed, installed and operated in accordance with
all applicable statutes and regulations, fails to have or operate
proper release detection equipment in accordance with the applicable
regulations, or fails to have or operate proper overfill and spill
protection measures or equipment in accordance with the applicable
regulations, then the commissioner may require the owner or operator of
the nonresidential underground storage tank system to pump out the
contents of its system, and the commissioner may place a notice on a
system that is plainly visible, indicating that the system is not in
compliance with the requirements applicable to nonresidential
underground storage tank systems and that such system cannot be used
and deliveries to such system cannot be accepted, or the commissioner
may disable the use of such system by
[[Page 42086]]
placing a disabling device on the system that prohibits deliveries to
such system.
More Stringent Provisions
Airport hydrant fuel distribution systems (AHS) and field
constructed underground storage tanks (USTs) are prohibited. Existing
AHS and field constructed USTS shall be permanently closed.
No person or municipality shall install an UST system on or after
October 1, 2003, unless the UST system is double-walled.
On and after August 8, 2012, a new double-walled under dispenser
containment (UDC) sump must be installed if a dispenser and greater
than 50% of the flex-joint or flexible piping is replaced or if greater
than 50% of the dispensers at a facility are being replaced.
An annual notification of each non-residential UST is required to
be submitted to the Commissioner.
All cathodic protection systems shall be tested within six months
of installation and at least annually thereafter.
Suction piping shall either have a line tightness test conducted at
least every three years until thirty-six to thirty-three months prior
to the end of their life expectancy, on which date and annually
thereafter line tightness tests shall be conducted or use an approved
monthly monitoring method.
For safe suction piping a line tightness test shall be conducted
thirty-six to thirty-three months prior to the end of their life
expectancy and annually.
An owner or operator shall report any failure of an UST system
immediately to the Commissioner.
Owners and operators shall keep and maintain records for at least
five years beyond the operational life of the UST system.
Continued use of an UST system to store a non-regulated substance
is prohibited. Regulated UST systems no longer in use shall be
temporarily or permanently closed. At the end of twelve months,
temporarily closed thanks shall be permanently closed unless they meet
the upgrading requirements or the standards for a new tank.
Class A, B, and C operators must attend a refresher training every
two years following initial training.
II. Codification
A. What is codification?
Codification is the process of placing a state's statutes and
regulations that comprise the state's approved UST program into the
CFR. Section 9004(b) of RCRA, as amended, allows the EPA to approve
State UST programs to operate in lieu of the Federal program. The EPA
codifies its authorization of state programs in 40 CFR part 282 and
incorporates by reference state statutes and regulations that the EPA
will enforce under sections 9005 and 9006 of RCRA and any other
applicable state provisions. The incorporation by reference of state
authorized programs in the CFR should substantially enhance the
public's ability to discern the current status of the approved state
program and state requirements that can be federally enforced. This
effort provides clear notice to the public of the scope of the approved
program in each state.
B. What is the history of codification of Connecticut's UST program?
EPA incorporated by reference the Connecticut DEEP approved UST
program effective October 8, 1996 (61 FR 41509; August 9, 1996). In
this document, EPA is revising 40 CFR 282.56 to include the approved
revisions.
C. What codification decisions have we made in this rule?
Incorporation by reference: In this rule, we are finalizing
regulatory text that includes incorporation by reference. In accordance
with the requirements of 1 CFR 51.5, we are finalizing the
incorporation by reference of the federally approved Connecticut UST
program described in section I.G. of this preamble and set forth below
in the amendments to 40 CFR part 282. The EPA has made, and will
continue to make, this document generally available through
<a href="http://www.regulations.gov">www.regulations.gov</a> and at the EPA Region 1 office (see the ADDRESSES
Section of this preamble for more information).
The purpose of this Federal Register document is to codify
Connecticut's approved UST program. The codification reflects the State
program that would be in effect at the time EPA's approved revisions to
the Connecticut UST program addressed in this direct final rule become
final. The document incorporates by reference Connecticut's UST
statutes and regulations and clarifies which of these provisions are
included in the approved and federally enforceable program. By
codifying the approved Connecticut program and by amending the CFR, the
public will more easily be able to discern the status of the federally-
approved requirements of the Connecticut program.
EPA is incorporating by reference the Connecticut approved UST
program in 40 CFR 282.56. Section 282.56(d)(1)(i)(A) incorporates by
reference for enforcement purposes the State's statutes and
regulations.
Section 282.56 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 Connecticut'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 Connecticut
procedural and enforcement authorities. Section 282.56(d)(1)(ii) of 40
CFR lists those approved Connecticut 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 enforcement
in part 282. Section 282.56(d)(1)(iii) lists for reference and clarity
the Connecticut 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.
[[Page 42087]]
III. Statutory and Executive Order Reviews
This action only applies to Connecticut'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 Orders 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. Executive Order 13771: Reducing Regulations and Controlling
Regulatory Costs
This action is not a regulatory action subject to Executive Order
13771 (82 FR 9339, February 3, 2017) because actions such as this final
approval of Connecticut's revised underground storage tank program
under RCRA are exempted under Executive Order 12866. Accordingly, I
certify that this action will not have a significant economic impact on
a substantial number of small entities under the Regulatory Flexibility
Act (5 U.S.C. 601 et seq.).
C. 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). As discussed above, EPA is not acting on approval to operate the
State's UST program as it applies to Tribal lands in the State.
Therefore, this action also does not significantly or uniquely affect
the communities of Tribal governments, as specified by Executive Order
13175 (65 FR 67249, November 9, 2000).
D. Executive Order 13132: Federalism
This action will not have substantial direct effects on the States,
on the relationship between the National Government and the States, or
on the distribution of power and responsibilities among the various
levels of government, as specified in Executive Order 13132 (64 FR
43255, August 10, 1999), because it merely approves and codifies State
requirements as part of the State RCRA underground storage tank program
without altering the relationship or the distribution of power and
responsibilities established by RCRA.
E. Executive Order 13045: Services 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.
F. 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.
G. 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.
H. 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.
I. 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.
J. 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).
K. 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. Because this rule approves pre-
existing State rules which are at least equivalent to, and no less
stringent than existing Federal requirements, and imposes no additional
requirements beyond those imposed by State law, and there are no
anticipated significant adverse human health or environmental effects,
the rule is not subject to Executive Order 12898.
L. 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 September 12, 2022 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.
[[Page 42088]]
List of Subjects in 40 CFR Part 282
Environmental protection, Administrative practice and procedure,
Confidential business information, Hazardous substances, Incorporation
by reference, Insurance, Intergovernmental relations, Penalties,
Petroleum, Reporting and recordkeeping requirements, Surety bonds,
Underground storage tanks, Water supply.
Dated: June 30, 2022.
David W. Cash,
Regional Administrator, EPA Region 1.
For the reasons set forth in the preamble, EPA is amending 40 CFR
part 282 as follows:
PART 282--APPROVED UNDERGROUND STORAGE TANK PROGRAMS
0
1. The authority citation for part 282 continues to read as follows:
Authority: 42 U.S.C. 6912, 6991c, 6991d, and 6991e.
0
2. Amend Sec. 282.2 by revising the second sentence of paragraph (b)
introductory text and paragraph (b)(1) to read as follows:
Sec. 282.2 Incorporation by reference.
* * * * *
(b) * * * For information on the availability of this material at
NARA, email: <a href="/cdn-cgi/l/email-protection#d8beaaf6b1b6aba8bdbbacb1b7b698b6b9aab9f6bfb7ae"><span class="__cf_email__" data-cfemail="0365712d6a6d70736660776a6c6d436d6271622d646c75">[email protected]</span></a>, or go to: <a href="http://www.archives.gov/federal-register/cfr/ibr-locations.html">www.archives.gov/federal-register/cfr/ibr-locations.html</a>. * * *
(1) Region 1 (Connecticut, Maine, Massachusetts, New Hampshire,
Rhode Island, Vermont): 5 Post Office Square, 1st floor, Boston, MA
02109-3912; Phone Number: (617) 918-1313.
* * * * *
0
3. Revise Sec. 282.56 to read as follows:
Sec. 282.56 Connecticut State-Administered Program.
(a) The State of Connecticut 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 Connecticut Department of Energy and Environment
Protection (``DEEP''), was approved by EPA pursuant to 42 U.S.C. 6991c
and 40 CFR part 281. EPA approved the Connecticut program on July 5,
1995, which was effective on August 4, 1995.
(b) Connecticut has primary responsibility for administering and
enforcing its federally approved underground storage tank program.
However, EPA retains the authority to exercise its inspection and
enforcement authorities under sections 9005 and 9006 of Subtitle I of
RCRA, 42 U.S.C. 6991d and 6991e, as well as under any other applicable
statutory and regulatory provisions.
(c) To retain program approval, Connecticut 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 Connecticut obtains
approval for the revised requirements pursuant to section 9004 of RCRA,
42 U.S.C. 6991c, the newly approved statutory and regulatory provisions
will be added to this subpart and notification of any change will be
published in the Federal Register.
(d) Connecticut has final approval for the following elements of
its program application originally submitted to EPA and approved
effective August 4, 1995, and the program revision application approved
by EPA, effective on September 12, 2022.
(1) State statutes and regulations--(i) Incorporation by reference.
The material cited in this paragraph, and listed in Appendix A to this
part, is incorporated by reference as part of the underground storage
tank program under Subtitle I of RCRA, 42 U.S.C. 6991 et seq. (See
Sec. 282.2 for incorporation by reference approval and inspection
information.) You may obtain copies of the Connecticut regulations and
statutes that are incorporated by reference in this paragraph from Mark
Latham, Supervising Environmental Analyst, Licensing and Enforcement
Unit, Emergency Response and Spill Prevention Division, Connecticut
Department of Energy and Environmental Protection, 79 Elm Street;
Hartford, CT 06106-5127; Phone number: 860-418-5930;
<a href="/cdn-cgi/l/email-protection#6825091a034624091c000905280b1c460f071e"><span class="__cf_email__" data-cfemail="f5b894879edbb994819d9498b59681db929a83">[email protected]</span></a>; Hours: Monday to Friday, 8:00 a.m. to 4:30 p.m.;
link to statutes and regulations: Connecticut General Assembly's
website: <a href="https://www.cga.ct.gov/current/pub/chap_446k.htm#sec_22a-449">https://www.cga.ct.gov/current/pub/chap_446k.htm#sec_22a-449</a>;
state's e-regulation portal: <a href="https://eregulations.ct.gov/eRegsPortal/Search/getDocument?guid=%7b3048737D-0000-CD35-9265-186385876C76%7d">https://eregulations.ct.gov/eRegsPortal/Search/getDocument?guid=%7b3048737D-0000-CD35-9265-186385876C76%7d</a>.
(A) EPA-Approved Connecticut Statutory and Regulatory Requirements
Applicable to the Underground Storage Tank Program, December 2021.
(B) [Reserved]
(ii) Legal basis. EPA evaluated the following statutes and
regulations which are part of the approved program, but they are not
being incorporated by reference for enforcement purposes, and do not
replace Federal authorities:
(A) The statutory provisions include:
(1) Connecticut General Statutes Title 4. Management of State
Agencies, Section 22a-177a. Contested cases. Party Intervenor Status.
(2) Connecticut General Statutes Title 52. Civil Actions, Section
52-107. Additional parties may be summoned in.
(3) Connecticut General Statutes Title 22A. Environmental
Protection Chapter 439. Department of Energy and Environmental
Protection. State Policy Part II. General Provisions, Section 22a-6.
Commissioner to establish environmental standards, regulations, and
fees, to make contracts and studies and to issue permits. Complaints.
Hearings. Bonds. Notice of contested cases. Fee waivers. Public notices
on department's internet website, Section 22a-7. Cease and desist
orders. Service. Hearings. Injunctions, and Section 22a-19.
Administrative proceedings.
(4) Connecticut General Statutes Title 22A. Environmental
Protection Chapter 446K. Water Pollution Control, Section 22a-428.
Orders to municipalities to abate pollution, Section 22a-432. Order to
correct potential sources of pollution, Section 22a-433. Order to
landowner, Section 22a-435. Injunction, and Section 22a-438. Forfeiture
for violations. Penalties.
(B) The regulatory provisions include:
(1) 2021 Connecticut Practice Book, Chapter 9 Parties, Sec. 9-18.
Addition or Substitution of Parties; Additional Parties Summoned in by
Court.
(2) Regulations of Connecticut State Agencies (RSCA) Title 22a.
Environmental Protection Section 22a--3a-6(k) Intervention.
(iii) Provisions not incorporated by reference. The following
specifically identified statutory and regulatory provisions applicable
to the Connecticut's UST program 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) Connecticut General Statutes Title 22A. Environmental
Protection Chapter 446K. Water Pollution Control, Section 22a-449.
Duties and powers of commissioner resources of potential pollution or
damages. Licenses, regulations. Nonresidential underground storage tank
systems, (g), delivery prohibition.
(B) RCSA, Title 22a. Environmental Protection, Section 22a-449(d)-
1, Control of the nonresidential underground storage and handling of
oil and petroleum liquids
[[Page 42089]]
RCSA, Title 22a. Environmental Protection, Section 22a-449(d)-
1(d)(1) and (2), Reporting of life expectancy determination.
RCSA, Title 22a. Environmental Protection, Section 22a-449(d)-1(l),
Variances.
RCSA, Title 22a. Environmental Protection, Section 22a-449(d)-111.
Life expectancy.
(2) Statement of legal authority. The Attorney General's
Statements, signed by the Attorney General of Connecticut on December
21, 1994, and December 20, 2021, though not incorporated by reference,
are referenced as part of the approved underground storage tank program
under Subtitle I of RCRA, 42 U.S.C. 6991 et seq.
(3) Demonstration of procedures for adequate enforcement. The
``Demonstration of Procedures for Adequate Enforcement'' submitted as
part of the original application in December 1994, and as part of the
program revision application for approval on December 22, 2021, 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 in December
1994, and as part of the program revision application on December 22,
2021, 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 1 and the Connecticut Department of Energy and Environmental
Protection, signed by the EPA Regional Administrator on December 20,
2021, though not incorporated by reference, is referenced as part of
the approved underground storage tank program under Subtitle I of RCRA,
42 U.S.C. 6991 et seq.
0
4. Appendix A to part 282 is amended by revising the entry for
Connecticut to read as follows:
Appendix A to Part 282--State Requirements Incorporated by Reference in
Part 282 of the Code of Federal Regulations
* * * * *
Connecticut
(a) The statutory provisions include:
1. Connecticut General Statutes Title 22A. Environmental
Protection Chapter 446K. Water Pollution Control, Section 22a-449.
Duties and powers of commissioner resources of potential pollution
or damages. Licenses, regulations. Nonresidential underground
storage tank systems. (a); (d); (e) except annual tank fee; and (f).
2. Connecticut General Statutes Title 22A. Environmental
Protection Chapter 446K. Water Pollution Control, Section 22a-449o.
Requirement for double-walled underground storage tanks.
3. Connecticut General Statutes Title 22A. Environmental
Protection Chapter 446K. Water Pollution Control, Section 22a-449q.
Storage of underground storage tank system records.
4. Connecticut General Statutes Title 22A. Environmental
Protection Chapter 446K. Water Pollution Control, Section 22a-450.
Report of discharge, spill, loss, seepage or filtration.
Regulations.
(b) The regulatory provisions include:
1. RCSA, Title 22a. Environmental Protection, Section 22a-449(d)
Underground Storage Tank System Management (effective December 1,
2021).
Section 1 Control of the nonresidential underground storage and
handling of oil and petroleum liquids, except (d)(1) and (2)
notification of life expectancy determination, life expectancy
(h)(1)--(3), and (l) variances.
Section 100 Reserved.
Section 101 Technical standards and corrective action for owners
and operators of underground storage tank systems-program scope and
interim prohibition.
Section 102 UST systems: design, construction installation and
notification.
Section 103 General operating requirements.
Section 104 Release Detection.
Section 105 Release reporting, investigation, and confirmation.
Section 106 Release response and corrective action for UST
systems containing petroleum or hazardous substances.
Section 107 Out-of-service UST systems and closure.
Section 108 Operator training required.
Section 109 Financial responsibility.
Section 110 UST system upgrading, abandonment and removal date.
Section 112 UST system location transfer.
Section 113 Transfer of UST system ownership, possession or
control.
* * * * *
[FR Doc. 2022-14978 Filed 7-13-22; 8:45 am]
BILLING CODE 6560-50-P
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</html>Indexed from Federal Register on July 14, 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.