Rule2024-10775
Missouri: 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
May 17, 2024
Effective
July 16, 2024
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 Missouri's Underground Storage Tank (UST) program submitted by the Missouri Department of Natural Resources (MDNR). This action also codifies EPA's approval of Missouri's State program and incorporates by reference those provisions of the State regulations that we have determined meet the requirements for approval. The provisions will be subject to EPA's inspection and enforcement authorities under RCRA and other applicable statutory and regulatory provisions.
Full Text
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<title>Federal Register, Volume 89 Issue 97 (Friday, May 17, 2024)</title>
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[Federal Register Volume 89, Number 97 (Friday, May 17, 2024)]
[Rules and Regulations]
[Pages 43322-43328]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2024-10775]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 282
[EPA-R07-UST-2023-0491; FRL-11446-02-R7]
Missouri: 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 Missouri's
Underground Storage Tank (UST) program submitted by the Missouri
Department of Natural Resources (MDNR). This action also codifies EPA's
approval of Missouri's State program and incorporates by reference
those provisions of the State regulations that we have determined meet
the requirements for approval. The provisions will be subject to EPA's
inspection and enforcement authorities under RCRA and other applicable
statutory and regulatory provisions.
DATES: This rule is effective July 16, 2024, unless EPA receives
adverse comment by June 17, 2024. If EPA receives adverse comments, it
will publish a timely withdrawal in the Federal Register informing the
public that the rule will not take effect. The incorporation by
reference of certain publications listed in the regulations is approved
by the Director of the Federal Register, as of July 16, 2024, in
accordance with 5 U.S.C. 552(a) and 1 CFR part 51.
ADDRESSES: Submit your comments by one of the following methods:
1. Federal eRulemaking Portal: <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#f397819c86928196dd979c86949f9280b3968392dd949c85"><span class="__cf_email__" data-cfemail="781c0a170d190a1d561c170d1f14190b381d0819561f170e">[email protected]</span></a>.
Instructions: Direct your comments to Docket ID No. EPA-R07-UST-
2023-0491. 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 also
with any disk or CD-ROM you submit. If EPA cannot read your comment due
to technical difficulties, and cannot contact you for clarification,
EPA may not be able to consider your comment. Electronic files should
avoid the use of special characters, any form of encryption, and be
free of any defects or viruses. EPA encourages electronic submittals,
but if you are unable to submit electronically, please reach out to the
EPA contact person listed in the document for assistance.
Docket: All documents in the docket are listed in the <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 docket materials are available electronically through <a href="https://www.regulations.gov">https://www.regulations.gov</a>.
IBR and supporting material: You can view and copy the documents
that form the basis for this codification and associated publicly
available materials either through <a href="https://www.regulations.gov">https://www.regulations.gov</a> or by
contacting Douglas Drouare at (913) 551-7299 or
<a href="/cdn-cgi/l/email-protection#1571677a607467703b717a6072797466557065743b727a63"><span class="__cf_email__" data-cfemail="3357415c465241561d575c46545f5240735643521d545c45">[email protected]</span></a>. Please call or email the contact listed above
if you need access to material indexed but not provided in the docket.
FOR FURTHER INFORMATION CONTACT: Douglas E. Drouare, Tanks, Toxics, and
Pesticides Branch, Land, Chemical, and Redevelopment Division, U.S.
Environmental Protection Agency, Region 7, 11201 Renner Boulevard,
Lenexa, Kansas 66219; telephone number: (913) 551-7299; email address:
<a href="/cdn-cgi/l/email-protection#f490869b81958691da909b8193989587b4918495da939b82"><span class="__cf_email__" data-cfemail="a9cddbc6dcc8dbcc87cdc6dccec5c8dae9ccd9c887cec6df">[email protected]</span></a>.
SUPPLEMENTARY INFORMATION:
I. Approval of Revisions to Missouri's Underground Storage Tank Program
A. Why are revisions to State programs necessary?
States that have received final approval from the EPA under section
9004(b) of RCRA, 42 U.S.C. 6991c(b), must maintain an underground
storage tank program that is equivalent to, consistent with, and no
less stringent than the Federal UST program. Either EPA or the approved
State may initiate program revision. When EPA makes revisions to the
regulations that govern the UST program, States must revise their
programs to comply with the updated regulations and submit these
revisions to the EPA for approval. Program revision may be necessary
when the controlling Federal or State statutory or regulatory authority
is modified or when responsibility for the State program is shifted to
a new agency or agencies.
B. What decisions has the EPA made in this rule?
On August 11, 2023, in accordance with 40 CFR 281.51(a), Missouri
submitted a complete program revision application seeking the EPA
approval for its UST program revisions (State Application). Missouri's
revisions correspond to the EPA final rule
[[Page 43323]]
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 Missouri'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 Missouri program provides for adequate
enforcement of compliance (40 CFR 281.11(b)). Therefore, the EPA grants
Missouri 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 Missouri 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 Missouri previously been approved?
On May 5, 2004, the EPA finalized a rule approving the UST program,
effective June 5, 2004, to operate in lieu of the Federal program. The
State's program has not previously been codified.
G. What changes are we approving with this action?
On August 11, 2023, in accordance with 40 CFR 281.51(a), Missouri
submitted a complete application for final approval of its UST program
revisions adopted on May 17, 2017. The EPA now makes an immediate final
decision, subject to receipt of written comments that oppose this
action, that Missouri's UST program revisions satisfy all of the
requirements necessary to qualify for final approval. Therefore, EPA
grants Missouri 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 10 CSR 26-2.019, 2.020 & 2.022.
Notification.
40 CFR 281.31, Upgrading Existing UST 10 CSR 26-2.021.
Systems.
40 CFR 281.32, General Operating 10 CSR 26-2.030 through 2.036.
Requirements.
40 CFR 281.33, Release Detection....... 10 CSR 26-2.040 through 2.048.
40 CFR 281.34, Release Reporting, 10 CSR 26-2.050 through 2.053.
Investigation, and Confirmation.
40 CFR 281.35, Release Response and 10 CSR 26-2.070 through 2.083.
Corrective Action.
40 CFR 281.36, Out-of-service Systems 10 CSR 26-2.060 through 2.064.
and Closure.
40 CFR 281.37, Financial Responsibility 10 CSR 26-3 and 10 CSR 100-1
for USTs Containing Petroleum. through 100-6.
40 CFR 281.39, Operator Training....... 10 CSR 100-6
40 CFR 281.41, Legal Authorities for 10 CSR 26-4, Missouri Revised
Enforcement Response. Statutes, Chapters 260, 319,
507, 644 and Missouri Supreme
Court Rules, Rule 52, Rules of
Civil Procedure.
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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 MDNR 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: Missouri Revised Statutes, Chapters 260, 319, 507, 644,
and Missouri Supreme Court Rules--Rule 52 and Missouri Rules
(regulations) of Department of Natural Resources, Divisions 26 and 100.
H. Where are the revised rules different from the Federal rules?
Broader in Scope Provisions
The following statutory and regulatory provisions are considered
broader in scope than the Federal program, and are therefore not
enforceable as a matter of Federal law pursuant to 40 CFR
281.12(a)(3)(ii):
Missouri Revised Statutes
Revised Statutes of Missouri, RSMo section 260
Revised Statutes of Missouri, RSMo section 319.100
Revised Statutes of Missouri, RSMo section 319.103
Revised Statutes of Missouri, RSMo section 319.105
Revised Statutes of Missouri, RSMo section 319.107
Revised Statutes of Missouri, RSMo section 319.109
Revised Statutes of Missouri, RSMo section 319.111
Revised Statutes of Missouri, RSMo section 319.114
Revised Statutes of Missouri, RSMo section 319.117
Revised Statutes of Missouri, RSMo section 319.120
[[Page 43324]]
Revised Statutes of Missouri, RSMo section 319.123
Revised Statutes of Missouri, RSMo section 319.125
Revised Statutes of Missouri, RSMo section 319.127
Revised Statutes of Missouri, RSMo section 319.129
Revised Statutes of Missouri, RSMo section 319.130
Revised Statutes of Missouri, RSMo section 319.131
Revised Statutes of Missouri, RSMo section 319.132
Revised Statutes of Missouri, RSMo section 319.133
Revised Statutes of Missouri, RSMo section 319.135
Revised Statutes of Missouri, RSMo section 319.136
Revised Statutes of Missouri, RSMo section 319.137
Revised Statutes of Missouri, RSMo section 319.138
Revised Statutes of Missouri, RSMo section 319.139
Revised Statutes of Missouri, RSMo section 319.140
Revised Statutes of Missouri, RSMo section 507
Revised Statutes of Missouri, RSMo section 644
Missouri Code of State Regulations
Title 10--Department of Natural Resources
Division 26--Petroleum and Hazardous Substance Storage Tanks
Rules of Department of Natural Resources, Division 26--Petroleum and
Hazardous Substance Storage Tanks, Chapter 1--Underground and
Aboveground Storage Tanks--Organization
Rules of Department of Natural Resources, Division 26--Petroleum and
Hazardous Substance Storage Tanks, Chapter 4--Underground Storage
Tanks--Administrative Penalties
Rules of Department of Natural Resources, Division 26--Petroleum and
Hazardous Substance Storage Tanks, Chapter 5--Aboveground Storage
Tanks--Release Response
Division 100--Petroleum Storage Tank Insurance Fund Board of Trustees
Rules of Department of Natural Resources, Division 100--Petroleum
Storage Tank Insurance Fund Board of Trustees, Chapter 1--General
Organization
Rules of Department of Natural Resources, Division 100--Petroleum
Storage Tank Insurance Fund Board of Trustees, Chapter 2--Definitions
Rules of Department of Natural Resources, Division 100--Petroleum
Storage Tank Insurance Fund Board of Trustees, Chapter 3--Transport
Load Fee
Rules of Department of Natural Resources, Division 100--Petroleum
Storage Tank Insurance Fund Board of Trustees, Chapter 4--Participation
Requirements
Rules of Department of Natural Resources, Division 100--Petroleum
Storage Tank Insurance Fund Board of Trustees, Chapter 5--Claims
More Stringent Provisions
The following regulatory requirements are considered more stringent
than the Federal program, and on approval, they become part of the
federally approved program and are federally enforceable pursuant to 40
CFR 281.12(a)(3)(i):
Missouri has removed some federally allowed exceptions to corrosion
protection making them more stringent: 10 CSR 26-2.020, 1, (A) & (B).
Missouri makes a number of stipulations requiring corrosion
protection for all metal coming in contact with any ``electrolyte''
making them more stringent: 10 CSR 26-2.020 (B) and 10 CSR-2.021, (4).
Missouri has set a compliance date for new underground storage tank
system performance standards of July 1, 2017 which would be earlier
than Federal regulatory requirement making them more stringent: 10 CSR
26-2.020 (A), (A).5, (B), (B).3, (B).5 & (C).1.B,(III).(c).
Missouri is more prescriptive and offers fewer options than Federal
regulations for certification of installation making them more
stringent: 10 CSR 26-2.022.
Missouri has more restrictive thresholds (volumetric and timing)
for overfill devices and alarms than Federal regulations making them
more stringent: 10 CSR 26-2.020 (C).B.(II).
Missouri is more prescriptive than Federal regulations as to when
ball float valves can and cannot be utilized for overfill prevention
making them more stringent: 10 CSR 26-2.020 (C).B.(III).
Missouri is more prescriptive than Federal regulations regarding
compatibility and approval of overfill devices utilized for pressurized
delivery systems making them more stringent: 10 CSR 26-2.020
(C).B.(IV).
Missouri offers fewer acceptable standards and practices for spill
and overfill prevention than Federal regulations making them more
stringent: 10 CSR 26-2.030 (9).
Missouri has added operation and maintenance of corrosion
protection reporting (performance logs, testing reports) and action
(what to do if tests fail, cathodic protection found off or not
working) criteria that is more specific than Federal regulations making
them more stringent: 10 CSR 26-2.031 (B), (C) and (D).
Missouri regulations indicate that documents demonstrating
compatibility of all UST systems, including tanks, piping, release
detection equipment and all other ancillary equipment with the
regulated substance being stored are required. This is more expansive
and stringent than Federal regulations: 10 CSR 26-2.034 (1).(B).3.
Missouri has a more restricted list of allowable standards and
practices for repairs allowed than Federal regulations making them more
stringent: 10 CSR 26-2.033, (2).(A).1.
Missouri specifies that when repairing cathodically protected metal
piping that released a regulated substance, the entire length of
electrically continuous pipe must be replaced. This is more expansive
and stringent than Federal regulations: 10 CSR 26-2.033, (2).(C).
Missouri specifies repairs must be done by a person registered with
the Missouri Department of Agriculture and who has a financial
responsibility mechanism. This is more expansive and stringent than
Federal regulations: 10 CSR 26-2.033, (2).(D).
Missouri is more prescriptive in details and criteria regarding
testing of containment sumps. In addition, Missouri requires testing of
all containment sumps. This is more expansive and stringent than
Federal regulations: 10 CSR 26-2.035, (1) and (2).
Missouri requires walkthrough inspections immediately for new
underground storage tank installs. There is not a lessening in
frequency if deliveries are received less than every thirty days. This
is more stringent than Federal regulations: 10 CSR 26-2.036, (1), (C),
1.
Missouri does not allow groundwater or vapor monitoring for release
detection after July 1, 2020; except where vapor monitoring is
accompanied by a tracer chemical. This is more stringent than Federal
regulations: 10 CSR 26-2.041, (1), (A), 4 and 5.
Missouri stipulates that interstitial monitoring can only be
performed with a double-walled tank: not with systems with secondary
barriers or internal linings. This is more stringent than Federal
regulations: 10 CSR 26-2.043, (1), (H).
Missouri allows for only 24 hours for completion of initial release
response action. There is no flexibility on the timing. This is more
stringent than Federal regulations: 10 CSR 26-2.071, (1).
[[Page 43325]]
Missouri allows for only 20 days for completion of initial
abatement actions. There is no flexibility on the timing. This is more
stringent than Federal regulations: 10 CSR 26-2.072, (2).
Missouri allows for only 45 days for completion of site
characterization actions. There is no flexibility on the timing. This
is more stringent than Federal regulations: 10 CSR 26-2.074, (2).
Missouri does not to allow temporary underground storage tank
closures with product in the tank. This is more stringent than Federal
regulations: 10 CSR 26-2.012, (1), O, 4.
Missouri requires permanent closure after 5 years of out of service
or out of use status. This is more stringent than Federal regulations:
10 CSR 26-2.060, (4).
Missouri has prescriptive requirements for bringing an out of
service or out of use underground storage tank back into service or
use. This is more stringent than Federal regulations: 10 CSR 26-2.060,
(5), (6) and (7).
Missouri has a notification requirement for out of service or out
of use underground storage tank status changes. This is more stringent
than Federal regulations: 10 CSR 26-2.060, (9).
Missouri does not allow leak detection equipment/methods to be used
to meet the assessing the site at closure or change in service
requirement. A written procedure for sampling and testing must be
followed. This is more stringent than Federal regulations: 10 CSR 26-
2.062.
Missouri regulations have a definition of ``corrosion expert'' that
is limited to those with a National Association of Corrosion Engineers
International certification. This is more stringent than Federal
regulations: 10 CSR 26-2.012, (1), (C), 7.
Missouri regulations have a definition of ``replaced'' as it
pertains to piping that includes the language ``or single compartment''
that addresses specific situations involving compartmentalized
underground storage tanks. This is more stringent than Federal
regulations: 10 CSR 26-2.012, (1), (R), 5, B.
Missouri regulations have a definition of ``septic tank'' that
includes the language ``and constructed''. This is more stringent than
Federal regulations: 10 CSR 26-2.012, (1), (S), 3.
II. Codification
A. What is codification?
Codification is the process of placing a State's statutes and
regulations that comprise the State's approved UST program into the
CFR. Section 9004(b) of RCRA, as amended, allows the EPA to approve
State UST programs to operate in lieu of the Federal program. The EPA
codifies its authorization of State programs in 40 CFR part 282 and
incorporates by reference State statutes and regulations that the EPA
will enforce under sections 9005 and 9006 of RCRA and any other
applicable State provisions. The incorporation by reference of State
authorized programs in the CFR should substantially enhance the
public's ability to discern the current status of the approved State
program and State requirements that can be federally enforced. This
effort provides clear notice to the public of the scope of the approved
program in each State.
B. What is the history of codification of Missouri's UST program?
The EPA has not previously incorporated by reference and codified
State's approved UST program. Through this action, the EPA is
incorporating by reference and codifying State's State program in 40
CFR 282.75 to include the program and the approved revisions.
C. What codification decisions have we made in this rule?
Incorporation by reference: In this rule, we are finalizing
regulatory text that includes incorporation by reference. In accordance
with the requirements of 1 CFR 51.5, we are finalizing the
incorporation by reference of the federally approved Missouri UST
program described in the amendments to 40 CFR part 282 set forth below.
The EPA has made, and will continue to make, this document generally
available through <a href="https://www.regulations.gov">https://www.regulations.gov</a> or by contacting the EPA
Region 7 contact listed in the ADDRESSES section of this preamble.
The purpose of this Federal Register document is to codify
Missouri's approved UST program. The codification reflects the State
program that would be in effect at the time EPA's approved revisions to
the Missouri UST program addressed in this direct final rule become
final. The document incorporates by reference Missouri's UST statutes
and regulations and clarifies which of these provisions are included in
the approved and federally enforceable program. By codifying the
approved Missouri program and by amending the CFR, the public will more
easily be able to discern the status of the federally-approved
requirements of the Missouri program.
EPA is incorporating by reference the Missouri approved UST program
in 40 CFR 282.75. Section 282.75(d)(1)(i) incorporates by reference for
enforcement purposes the State's statutes and regulations.
Section 282.75 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 Missouri'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 Missouri
procedural and enforcement authorities. Section 282.75(d)(1)(ii) of 40
CFR lists those approved Missouri authorities that would fall into this
category.
E. What State provisions are not part of the codification?
The public also needs to be aware that some provisions of the
State's UST program are not part of the federally approved State
program. Such provisions are not part of the RCRA Subtitle I program
because they are ``broader in scope'' than Subtitle I of RCRA. Section
281.12(a)(3)(ii) of 40 CFR states that where an approved State program
has provisions that are broader in scope than the Federal program,
those provisions are not a part of the federally approved program. As a
result, State provisions which are broader in scope than the Federal
program are not incorporated by reference for purposes of Federal
enforcement in part 282. Section 282.75(d)(1)(iii) lists for reference
and clarity the Missouri 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 43326]]
III. Statutory and Executive Order Reviews
This action only applies to Missouri's UST Program requirements
pursuant to RCRA section 9004 and imposes no requirements other than
those imposed by State law. It complies with applicable Executive
Orders (EOs) and statutory provisions as follows. Additional
information about these statutes and Executive Orders can be found at
<a href="https://www.epa.gov/laws-regulations/laws-and-executive-orders">https://www.epa.gov/laws-regulations/laws-and-executive-orders</a>.
A. Executive Order 12866: Regulatory Planning and Review and Executive
Order 14094: Modernizing Regulatory Review
This action is not a significant regulatory action as defined in
Executive Order 12866 (58 FR 51735, October 4, 1993), as amended by
Executive Order 14094 (88 FR 21879, April 11, 2023), because this
action approves and codifies State requirements for the purpose of RCRA
section 9004 and imposes no additional requirements beyond those
imposed by State law. Therefore, this action was not subject to a
requirement for Executive Order 12866 review.
B. Paperwork Reduction Act (PRA)
This rule does not impose an information collection burden under
the provisions of the PRA, 44 U.S.C. 3501 et seq. Burden is defined at
5 CFR 1320.3(b).
C. Regulatory Flexibility Act (RFA)
I certify that this action will not have a significant economic
impact on a substantial number of small entities under the RFA, 5
U.S.C. 601 et seq., because this action authorizes State requirements
pursuant to RCRA section 9004 and imposes no requirements beyond those
imposed by State law.
D. Unfunded Mandates Reform Act (UMRA)
This action does not contain any unfunded mandates as described in
UMRA, 2 U.S.C. 1501 et seq., and does not significantly or uniquely
affect small governments because this action approves and codifies pre-
existing requirements under State law and does not impose any
additional enforceable duty beyond that required by State law.
E. Executive Order 13175: Consultation and Coordination With Indian
Tribal Governments
This action does not have Tribal implications as specified in
Executive Order 13175 (65 FR 67429, November 9, 2000) because currently
there are no federally recognized Tribes in Pennsylvania. Thus,
Executive Order 13175 does not apply to this action.
F. Executive Order 13132: Federalism
This action will not have substantial direct effects on the States,
on the relationship between the national government and the States, or
on the distribution of power and responsibilities among the various
levels of government, as specified in Executive Order 13132 (64 FR
43255, August 10, 1999), because it merely approves and codifies State
requirements as part of the State RCRA underground storage tank program
without altering the relationship or the distribution of power and
responsibilities established by RCRA.
G. Executive Order 13045: Protection of Children From Environmental
Health and Safety Risks
EPA interprets Executive Order 13045 (62 FR 19885, April 23, 1997)
as applying only to those regulatory actions that concern environmental
health or safety risks that EPA has reason to believe may
disproportionately affect children, per the definition of ``covered
regulatory action'' in section 2-202 of the Executive Order. Therefore,
this action is not subject to Executive Order 13045 because it approves
a State program.
H. Executive Order 13211: Actions That Significantly Affect Energy
Supply, Distribution, or Use
This rule is not subject to Executive Order 13211 (66 FR 28355, May
22, 2001) because it is not a ``significant regulatory action'' as
defined under Executive Order 12866.
I. National Technology Transfer and Advancement Act (NTTAA)
Under RCRA section 9004(b), EPA grants a State's application for
approval as long as the State meets the criteria required by RCRA. It
would thus be inconsistent with applicable law for EPA, when it reviews
a State approval application, to require the use of any particular
voluntary consensus standard in place of another standard that
otherwise satisfies the requirements of RCRA. Thus, the requirements of
section 12(d) of the NTTAA, 15 U.S.C. 272 note, do not apply to this
action.
J. Executive Order 12898: Federal Actions To Address Environmental
Justice in Minority Populations and Low-Income Populations
Executive Order 12898 (59 FR 7629, February 16, 1994) directs
Federal agencies, to the greatest extent practicable and permitted by
law, to make environmental justice part of their mission by identifying
and addressing, as appropriate, disproportionately high and adverse
human health or environmental effects of their programs, policies, and
activities on minority populations (people of color and/or Indigenous
peoples) and low-income populations. Because this action approves pre-
existing State rules that are no less stringent than existing Federal
requirements and imposes no additional requirements beyond those
imposed by State law, and there are no anticipated significant adverse
human health or environmental effects, this rule is not subject to
Executive Order 12898.
K. Congressional Review Act (CRA)
This action is subject to the CRA, 5 U.S.C. 801 et seq., and EPA
will submit a rule report containing this document and other required
information to each House of the Congress and the Comptroller General
of the United States prior to publication in the Federal Register. A
major rule cannot take effect until 60 days after it is published in
the Federal Register. This action is not a ``major rule'' as defined by
5 U.S.C. 804(2). However, this action will be effective July 16, 2024
because it is a direct final rule.
Authority: This rule is issued under the authority of sections
2002(a), 7004(b), and 9004 of the Solid Waste Disposal Act, as
amended, 42 U.S.C. 6912, 6991c, 6991d, and 6991e.
List of Subjects in 40 CFR Part 282
Environmental protection, Administrative practice and procedure,
Confidential business information, Hazardous substances, Incorporation
by reference, Insurance, Intergovernmental relations, Oil pollution,
Penalties, Petroleum, Reporting and recordkeeping requirements, Surety
bonds, Water pollution control, Water supply.
Dated: May 9, 2024.
Meghan McCollister,
Regional Administrator, EPA Region 7.
For the reasons set forth in the preamble, EPA is amending 40 CFR
part 282 as follows:
PART 282--APPROVED UNDERGROUND STORAGE TANK PROGRAMS
0
1. The authority citation for part 282 continues to read as follows:
Authority: 42 U.S.C. 6912, 6991c, 6991d, and 6991e.
0
2. Add Sec. 282.75 to read as follows:
[[Page 43327]]
Sec. 282.75 Missouri State-Administered Program.
(a) History of the approval of Missouri's program. The State of
Missouri 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
Missouri Department of Natural Resources, was approved by EPA pursuant
to 42 U.S.C. 6991c and part 281 of this Chapter. EPA approved the
Missouri program on May 5, 2004 and it was effective on June 5, 2004. A
subsequent program revision application was approved by EPA and became
effective on July 16, 2024.
(b) Enforcement authority. Missouri has primary responsibility for
administering and enforcing its federally approved underground storage
tank program. However, EPA retains the authority to exercise its
inspection and enforcement authorities under sections 9005 and 9006 of
Subtitle I of RCRA, 42 U.S.C. 6991d and 6991e, as well as under any
other applicable statutory and regulatory provisions.
(c) Retaining program approval. To retain program approval,
Missouri 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 Missouri obtains approval for the revised requirements pursuant
to section 9004 of RCRA, 42 U.S.C. 6991c, the newly approved statutory
and regulatory provisions will be added to this subpart and notice of
any change will be published in the Federal Register.
(d) Final program approval. Missouri has final approval for the
following elements of its program application originally submitted to
EPA and approved on May 5, 2004 and effective June 5, 2004, and the
program revision application approved by EPA, effective on July 16,
2024:
(1) State statutes and regulations--(i) Incorporation by reference.
The provisions cited in this paragraph, and listed in appendix A to
part 282, are incorporated by reference as part of the underground
storage tank program under Subtitle I of RCRA, 42 U.S.C. 6991 et seq.
The Director of the Federal Register approves this incorporation by
reference in accordance with 5 U.S.C. 552(a) and 1 CFR part 51. This
material is available for inspection at the EPA and at the National
Archives and Records Administration (NARA). You may inspect all
approved material at the EPA Region 7 Office, 11201 Renner Boulevard,
Lenexa, KS 66219; phone number: (913) 551-7299. For information on the
availability of this material at NARA, email: <a href="/cdn-cgi/l/email-protection#385e4a1651564b485d5b4c5157567856594a59165f574e"><span class="__cf_email__" data-cfemail="0b6d79256265787b6e687f6264654b656a796a256c647d">[email protected]</span></a>,
or go to: <a href="https://www.archives.gov/federal-register/cfr/ibr-locations">https://www.archives.gov/federal-register/cfr/ibr-locations</a>.
You may obtain copies of the Missouri regulations and statutes that are
incorporated by reference in this paragraph from the Missouri
Department of Natural Resources website at: <a href="https://www.dnr.mo.gov/waste-recycling/business-industry/guidance-technical-assistance/underground-storage-tank-requirements">https://www.dnr.mo.gov/waste-recycling/business-industry/guidance-technical-assistance/underground-storage-tank-requirements</a>, <a href="https://www.dnr.mo.gov/waste-recycling/investigations-cleanups/regulated-storage-tank-closure">https://www.dnr.mo.gov/waste-recycling/investigations-cleanups/regulated-storage-tank-closure</a> or the
Missouri Department of Natural Resources, Underground Storage Tanks
Section, P.O. Box 176, Jefferson City, Missouri, 65102-0176; phone
number: (573) 751-6822.
(A) EPA-Approved Missouri Statutory Requirements Applicable to the
Underground Storage Tank Program, May 2017.
(B) EPA-Approved Missouri Regulatory Requirements Applicable to the
Underground Storage Tank Program, May 2017.
(ii) Legal basis. EPA evaluated the following statutes and
regulations, which provide the legal basis for the State's
implementation of the underground storage tank program, but they are
not being incorporated by reference for enforcement purposes and do not
replace Federal authorities. Missouri's no less stringent underground
storage tank program compliance criteria is included in their
regulations. Missouri includes brief statements in their statutes
establishing the authority of the Missouri Department of Natural
Resources to create and implement the underground storage tank program.
None of these statutes are incorporated by reference.
(A) Revised Statutes of Missouri, RSMo section 260.
(B) Revised Statutes of Missouri, RSMo sections 319.100, 319.103,
319.105, 319.107, 319.109, 319.111, 319.114, 319.117, 319.120, 319.123,
319.125, 319.127, 319.129, 319.130, 319.131, 319.132, 319.133, 319.135,
319.136, 319.137, 319.138, 319.139, 319.140.
(C) Revised Statutes of Missouri, RSMo section 507.
(D) Revised Statutes of Missouri, RSMo section 644.
(E) Missouri Supreme Court Rules--Rule 52--Rules of Civil
Procedure.
(F) Rules of Department of Natural Resources, Division 26--Chapters
1 and 4.
(G) Rules of Department of Natural Resources, Division 100--
Chapters 1 through 5.
(iii) Provisions not incorporated by reference. The following
statutory and regulatory provisions are broader in scope than the
Federal program, are not part of the approved program, and are not
incorporated by reference in this section for enforcement purposes:
(A) Missouri Revised Statutes.
(1) Revised Statutes of Missouri, RSMo section 260.
(2) Revised Statutes of Missouri, RSMo sections 319.100, 319.103,
319.105, 319.107, 319.109, 319.111, 319.114, 319.117, 319.120, 319.123,
319.125, 319.127, 319.129, 319.130, 319.131, 319.132, 319.133, 319.135,
319.136, 319.137, 319.138, 319.139, 319.140.
(3) Revised Statutes of Missouri, RSMo section 507.
(4) Revised Statutes of Missouri, RSMo section 644.
(B) Missouri Code of State Regulations.
(1) Rules of Department of Natural Resources, Division 26--Chapters
1, 4 and 5.
(2) Rules of Department of Natural Resources, Division 100--
Chapters 1 through 5.
(2) Statement of legal authority. The ``Attorney General's
Statement'', signed by the Missouri Attorney General on May 5, 2004,
and August 11, 2023, though not incorporated by reference, is
referenced as part of the approved underground storage tank program
under Subtitle I of RCRA, 42 U.S.C. 6991 et seq.
(3) Demonstration of procedures for adequate enforcement. The
``Adequate Enforcement of Compliance'' submitted as part of the
original application on May 5, 2004, and as part of the program
revision application on August 11, 2023, though not incorporated by
reference, is referenced as part of the approved underground storage
tank program under Subtitle I of RCRA, 42 U.S.C. 6991 et seq.
(4) Program description. The program description and any other
material submitted as part of the original application on May 5, 2004,
and as part of the program revision application on August 11, 2023,
though not incorporated by reference, are referenced as part of the
approved underground storage tank program under Subtitle I of RCRA, 42
U.S.C. 6991 et seq.
(5) Memorandum of Agreement. The Memorandum of Agreement between
EPA Region 7 and the State of Missouri, signed by the EPA Regional
Administrator on April 15, 2019, though
[[Page 43328]]
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. In appendix A to part 282 add in alphabetical order the entry
``Missouri'' to read as follows:
Appendix A to Part 282--State Requirements Incorporated by Reference in
Part 282 of the Code of Federal Regulations
* * * * *
Missouri
(a) The statutory provisions include:
None.
(b) The regulatory provisions include:
Rules of Department of Natural Resources, Division 2--Petroleum
and Hazardous Substance Storage Tanks, Chapter 2--Underground
Storage Tanks--Technical Regulations, except for:
10 CSR 26-2.020, 1, (A) and (B) language that removed some
federally allowed exceptions to corrosion protection making them
more stringent.
10 CSR 26-2.020 (B) and 10 CSR-2.021, (4) language that makes a
number of stipulations requiring corrosion protection for all metal
coming in contact with any ``electrolyte'' making them more
stringent.
10 CSR 26-2.020 (A), (A).5, (B), (B).3, (B).5 and
(C).1.B,(III).(c) language that stipulates a compliance date for new
underground storage tank system performance standards of July 1,
2017 which would be earlier than Federal regulatory requirement
making them more stringent.
10 CSR 26-2.022 language that stipulates fewer options than
Federal regulations for certification of installation making them
more stringent.
10 CSR 26-2.020 (C).B.(II) language that stipulates more
restrictive thresholds (volumetric and timing) for overfill devices
and alarms than Federal regulations making them more stringent.
10 CSR 26-2.020 (C).B.(III) language that stipulates more
prescriptive uses of ball float valves making them more stringent.
10 CSR 26-2.020 (C).B.(IV) language that stipulates more
prescriptive regulations regarding compatibility and approval of
overfill devices utilized for pressurized delivery systems making
them more stringent.
10 CSR 26-2.030 (9) language that stipulates fewer acceptable
standards and practices for spill and overfill prevention making
them more stringent.
10 CSR 26-2.031 (B), (C) and (D) language that added operation
and maintenance of corrosion protection reporting (performance logs,
testing reports) and action (what to do if tests fail, cathodic
protection found off or not working) criteria that is more specific
than Federal regulations making them more stringent.
10 CSR 26-2.034 (1).(B).3 language that stipulates documents
demonstrating compatibility of all UST systems, including tanks,
piping, release detection equipment and ``all other ancillary
equipment'' with the regulated substance being stored are required.
This is more expansive and stringent than Federal regulation.
10 CSR 26-2.033, (2).(A).1 language that stipulates a more
restricted list of allowable standards and practices for repairs
allowed than Federal regulations making them more stringent.
10 CSR 26-2.033, (2).(C) language that stipulates when repairing
cathodically protected metal piping that released a regulated
substance, the entire length of electrically continuous pipe must be
replaced. This is more expansive and stringent than Federal
regulations.
10 CSR 26-2.033, (2).(D) language that stipulates repairs must
be done by a person registered with the Missouri Department of
Agriculture and who has a financial responsibility mechanism. This
is more expansive and stringent than Federal regulations.
10 CSR 26-2.035, (1) and (2) language that stipulates the
testing of all containment sumps. This is more expansive and
stringent than Federal regulations.
10 CSR 26-2.036, (1), (C), 1 language that requires an immediate
walkthrough inspection for new underground storage tank installs and
no lessening in frequency of walkthrough inspections if deliveries
are received less than every thirty days. This is more stringent
than Federal regulations.
10 CSR 26-2.041, (1), (A), 4 and 5 language that does not allow
groundwater or vapor monitoring for release detection after July 1,
2020; except where vapor monitoring is accompanied by a tracer
chemical. This is more stringent than Federal regulations.
10 CSR 26-2.043, (1), (H). language that stipulates interstitial
monitoring can only be performed with a double-walled tank: not with
systems with secondary barriers or internal linings. This is more
stringent than Federal regulations.
10 CSR 26-2.071, (1) language that stipulates only 24 hours for
completion of initial release response action. There is no
flexibility on the timing. This is more stringent than Federal
regulations.
10 CSR 26-2.072, (2) language that stipulates only 20 days for
completion of initial abatement actions. There is no flexibility on
the timing. This is more stringent than Federal regulations.
10 CSR 26-2.074, (2) language that stipulates only 45 days for
completion of site characterization actions. There is no flexibility
on the timing. This is more stringent than Federal regulations.
10 CSR 26-2.012, (1), O, 4 language that does not allow
temporary underground storage tank closures with product in the
tank. This is more stringent than Federal regulations.
10 CSR 26-2.060, (4) language that requires permanent closure
after 5 years of out of service or out of use status. This is more
stringent than Federal regulations.
10 CSR 26-2.060, (5), (6) and (7) language that stipulates
prescriptive requirements for bringing an out of service or out of
use underground storage tank back into service or use. This is more
stringent than Federal regulations.
10 CSR 26-2.060, (9) language that stipulates a notification
requirement for out of service or out of use underground storage
tank status changes. This is more stringent than Federal
regulations.
10 CSR 26-2.062 language that stipulates leak detection
equipment/methods cannot be used to meet the assessing the site at
closure or change in service requirements. A written procedure for
sampling and testing must be followed. This is more stringent than
Federal regulations.
10 CSR 26-2.012, (1), (C), 7 language that stipulates a
``corrosion expert'' is limited to those with a National Association
of Corrosion Engineers International certification. This is more
stringent than Federal regulations.
10 CSR 26-2.012, (1), (R), 5, B language that stipulates a
definition of ``replaced'' as it pertains to piping that includes
the language ``or single compartment'' that addresses specific
situations involving compartmentalized underground storage tanks.
This is more stringent than Federal regulations.
10 CSR 26-2.012, (1), (S), 3 language that stipulates a
definition of ``septic tank'' that includes the language ``and
constructed''. This is more stringent than Federal regulations.
Rules of Department of Natural Resources, Division 26--Petroleum
and Hazardous Substance Storage Tanks, Chapter 3--Underground
Storage Tanks--Financial Responsibility
Rules of Department of Natural Resources, Division 100--
Petroleum Storage Tank Insurance Fund Board of Trustees, Chapter 6--
UST Operator Training
* * * * *
[FR Doc. 2024-10775 Filed 5-16-24; 8:45 am]
BILLING CODE 6560-50-P
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</html>Indexed from Federal Register on May 17, 2024.
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.