Rule2024-16058
Pennsylvania: 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 24, 2024
Effective
September 23, 2024
Issuing agencies
Environmental Protection Agency
Abstract
Pursuant to the Solid Waste Disposal Act of 1965, as amended (commonly known as the Resource Conservation and Recovery Act (RCRA)), the Environmental Protection Agency (EPA) is taking direct final action to approve revisions to the Commonwealth of Pennsylvania's Underground Storage Tank (UST) program submitted by the Commonwealth of Pennsylvania (Pennsylvania or State). This action also codifies EPA's approval of Pennsylvania's State program and incorporates by reference (IBR) those provisions of Pennsylvania's regulations and statutes that EPA has determined meet the requirements for approval. The provisions will be subject to EPA's inspection and enforcement authorities under sections 9005 and 9006 of RCRA Subtitle I and other applicable statutory and regulatory provisions.
Full Text
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<title>Federal Register, Volume 89 Issue 142 (Wednesday, July 24, 2024)</title>
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[Federal Register Volume 89, Number 142 (Wednesday, July 24, 2024)]
[Rules and Regulations]
[Pages 59839-59845]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2024-16058]
[[Page 59839]]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 282
[EPA-R03-UST-2023-0204; FRL 10811-02-Region 3]
Pennsylvania: Final Approval of State Underground Storage Tank
Program Revisions, Codification, and Incorporation by Reference
AGENCY: Environmental Protection Agency (EPA).
ACTION: Direct final rule.
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SUMMARY: Pursuant to the Solid Waste Disposal Act of 1965, as amended
(commonly known as the Resource Conservation and Recovery Act (RCRA)),
the Environmental Protection Agency (EPA) is taking direct final action
to approve revisions to the Commonwealth of Pennsylvania's Underground
Storage Tank (UST) program submitted by the Commonwealth of
Pennsylvania (Pennsylvania or State). This action also codifies EPA's
approval of Pennsylvania's State program and incorporates by reference
(IBR) those provisions of Pennsylvania's regulations and statutes that
EPA has determined meet the requirements for approval. The provisions
will be subject to EPA's inspection and enforcement authorities under
sections 9005 and 9006 of RCRA Subtitle I and other applicable
statutory and regulatory provisions.
DATES: This rule is effective September 23, 2024, unless EPA receives
significant negative comments opposing this action by August 23, 2024.
If EPA receives significant negative comments opposing this action, EPA
will publish a timely withdrawal in the Federal Register informing the
public that the rule will not take effect. The incorporation by
reference of certain publications listed in the regulations is approved
by the Director of the Federal Register, as of September 23, 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#becbc7dcdfccccdbcadf90cad6d1d3dfcdfedbcedf90d9d1c8"><span class="__cf_email__" data-cfemail="99ece0fbf8ebebfcedf8b7edf1f6f4f8ead9fce9f8b7fef6ef">[email protected]</span></a>.
Instructions: Direct your comments to Docket ID No. EPA-R03-UST-
2023-0204.
EPA's policy is that all comments received will be included in the
public docket without change and may be available online at <a href="https://www.regulations.gov">https://www.regulations.gov</a>, including any personal information provided,
unless the comment includes information claimed to be Confidential
Business Information (CBI) or other information whose disclosure is
restricted by statute. Do not submit information that you consider to
be CBI or otherwise protected through <a href="https://www.regulations.gov">https://www.regulations.gov</a>, or
email. The Federal website, <a href="https://www.regulations.gov">https://www.regulations.gov</a>, is an
``anonymous access'' system, which means EPA will not know your
identity or contact information unless you provide it in the body of
your comment. If you send an email comment directly to EPA without
going through <a href="https://www.regulations.gov">https://www.regulations.gov</a>, your email address will be
automatically captured and included as part of the comment that is
placed in the public docket and made available on the internet. If you
submit an electronic comment, EPA recommends that you include your name
and other contact information in the body of your comment. If EPA
cannot read your comment due to technical difficulties, and cannot
contact you for clarification, EPA may not be able to consider your
comment. Electronic files should avoid the use of special characters,
any form of encryption, and be free of any defects or viruses. EPA
encourages electronic submittals, but if you are unable to submit
electronically, please reach out to the EPA contact person listed in
this document for assistance. If you need assistance in a language
other than English, or you are a person with disabilities who needs a
reasonable accommodation at no cost to you, please reach out to the EPA
contact person by email or phone.
Docket: All documents in the docket are listed in the <a href="https://www.regulations.gov">https://www.regulations.gov</a> index. Although listed in the index, some
information might not be publicly available, e.g., CBI or other
information whose disclosure is restricted by statute. Publicly
available materials are available electronically through <a href="https://www.regulations.gov">https://www.regulations.gov</a>.
FOR FURTHER INFORMATION CONTACT: Thomas UyBarreta, (215) 814-2953,
<a href="/cdn-cgi/l/email-protection#f88d819a998a8a9d8c99d68c909795998bb89d8899d69f978e"><span class="__cf_email__" data-cfemail="e89d918a899a9a8d9c89c69c808785899ba88d9889c68f879e">[email protected]</span></a>, RCRA Programs Branch; Land, Chemicals, and
Redevelopment Division, EPA Region 3, Four Penn Center, 1600 John F.
Kennedy Blvd., (Mailcode 3LD30), Philadelphia, PA 19103.
SUPPLEMENTARY INFORMATION:
I. Approval of Revisions to Pennsylvania's Underground Storage Tank
Program
A. Why are revisions to State programs necessary?
Section 9004 of RCRA authorizes EPA to approve State underground
storage tank (UST) programs to operate in lieu of the Federal UST
program. EPA may approve a State program if the State demonstrates,
pursuant to section 9004(a), 42 U.S.C. 6991c(a), that the State program
includes the elements set forth at section 9004(a)(1) through (9), 42
U.S.C. 6991c(a)(1) through (9), and provides for adequate enforcement
of compliance with UST standards (section 9004(a), 42 U.S.C. 6991c(a)).
Additionally, EPA must find, pursuant to section 9004(b), 42 U.S.C.
6991c(b), that the State program is ``no less stringent'' than the
Federal program in the elements set forth at section 9004(a)(1) through
(7), 42 U.S.C. 6991c(a)(1) through (7). States such as Pennsylvania
that have received final UST program approval from EPA under section
9004 of RCRA must, in order to retain such approval, revise their
approved programs when the controlling Federal or State statutory or
regulatory authority is changed and EPA determines a revision is
required. In 2015, EPA revised the Federal UST regulations and
determined that States must revise their UST programs accordingly.
B. What decisions has EPA made in this rule?
On March 24, 2022, in accordance with 40 CFR 281.51, Pennsylvania
submitted a complete program revision application seeking EPA approval
for its UST program revisions (State Application). Pennsylvania's
revisions correspond to the EPA final rule published on July 15, 2015
(80 FR 41566), which revised the 1988 UST regulations and the 1988
State program approval (SPA) regulations. As required by 40 CFR 281.20,
the State Application contains the following: a transmittal letter
requesting program approval; a description of the program and operating
procedures; a demonstration of the State's procedures to ensure
adequate enforcement; a Memorandum of Agreement outlining the roles and
responsibilities of EPA and the implementing agency; an Attorney
General's statement in accordance with 40 CFR 281.24 certifying to
applicable State authorities; and copies of all relevant State statutes
and regulations. EPA has reviewed the State Application and determined
that the revisions to Pennsylvania's UST program are no less
[[Page 59840]]
stringent than the corresponding Federal requirements in subpart C of
40 CFR part 281, and that Pennsylvania's program provides for adequate
enforcement of compliance (40 CFR 281.11(b)). Therefore, EPA grants
Pennsylvania final approval to operate its UST program with the changes
described in the State Application, and as outlined below in section
I.G. of this preamble.
C. What is the effect of this approval decision?
This action does not impose additional requirements on the
regulated community because the regulations being approved by this rule
are already effective in Pennsylvania, and they are not changed by this
action. This action merely approves the existing State regulations as
meeting the Federal requirements and renders them federally
enforceable.
D. Why is EPA using a direct final rule?
EPA is publishing this direct final rule concurrently with a
proposed rulemaking because EPA views this as a noncontroversial action
and anticipates no significant negative comment. EPA is providing an
opportunity for public comment now.
E. What happens if EPA receives comments that oppose this action?
Along with this direct final rule, EPA is publishing a separate
document in the ``Proposed Rules'' section of this Federal Register
that serves as the proposal to approve the State's UST program
revisions, providing opportunity for public comment. If EPA receives
significant negative comments that oppose this approval, EPA will
publish a timely withdrawal in the Federal Register informing the
public that the rule will not take effect. EPA will not make any
further decision on the approval of the State program changes until it
considers any significant negative comment received during the comment
period. EPA will address any significant negative comment in a later
final rule. You may not have another opportunity to comment. If you
want to comment on this approval, you must do so at this time.
F. For what has Pennsylvania previously been approved?
On September 11, 2003, EPA finalized a rule approving
Pennsylvania's UST program, effective that same day (68 FR 53520), to
operate in lieu of the Federal program. On March 17, 2006, effective
May 16, 2006 (71 FR 13769), EPA codified the approved Pennsylvania
program, incorporating by reference the State's 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 is EPA approving with this action?
On March 24, 2022, in accordance with 40 CFR 281.51, Pennsylvania
submitted a complete application for final approval of its UST program
revisions adopted on December 21, 2018, effective December 22, 2018.
EPA has reviewed Pennsylvania's UST program requirements and determined
that such requirements are no less stringent than the Federal
regulations and that the criteria set forth in 40 CFR part 281, subpart
C are met. As part of the State Application, the Attorney General for
Pennsylvania certified that the laws and regulations of Pennsylvania
provide adequate authority to carry out a program that is ``no less
stringent'' than the Federal requirements in 40 CFR part 281. EPA is
relying on this certification in addition to the analysis submitted by
Pennsylvania in making our determination. EPA now makes an immediate
final decision, subject to receipt of any significant negative written
comments that oppose this action, that Pennsylvania's UST program
revisions satisfy all of the requirements necessary to qualify for
final approval. Therefore, EPA grants Pennsylvania 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 25 Pa. Code 245.2(c),
Notification. 245.21(a), 245.41, 232(a)(1),
245.403(b)-(d), 245.405,
245.421, 245.422(d), (e),
245.435(c)(1), 245.442(a),
245.443(1).
40 CFR 281.31, Upgrading Existing UST 25 Pa. Code 245.403(d)(1),
Systems. 245.422.
40 CFR 281.32, General Operating 25 Pa. Code 245.2(c)(3),
Requirements. 245.41, 245.405, 245.422,
245.425(4), 245.431,
245.432(a) and (c), 245.433-
435, 245.437(a)(1)-(2), (b)
and (c), 245.438.
40 CFR 281.33, Release Detection....... 25 Pa. Code 245.1, 245.304(a),
(c)(1) and (3), 245.305(a) and
(i), 245.403(b) and (d)(1),
245.437(a)(3), (b) and (c),
245.441, 245.442(a) and (b)(1)
and (2), 245.443-445.
40 CFR 281.34, Release Reporting, 25 Pa. Code 245.1,
Investigation, and Confirmation. 245.304(a),(b), (c)(1),
(c)(3), 245.305(a) and (i).
40 CFR 281.35, Release Response and 25 Pa. Code 245.305(f) and (i),
Corrective Action. 245.306(a), (e), 245.306-309,
245.310(a)-(b), 245.311(a)-
(c), 245.312, 245.313(a)-(b).
40 CFR 281.36, Out-of-service Systems 25 Pa. Code 245.451-454.
and Closure.
40 CFR 281.37, Financial Responsibility 25 Pa. Code 245.435(a)-(b),
for USTs Containing Petroleum. (d), 245.704(a)-(c), 245.706,
977.31, 977.33(a).
40 CFR 281.38, Lender Liability........ 25 Pa. Code 245.2(a).
40 CFR 281.39, Operator Training....... 25 Pa. Code 245.411(d),
245.436, ``Underground Storage
Tank Class A and Class B
Operator Training Courses''
Document Number 263-2300-001,
effective December 19, 2019.
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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. Pennsylvania's lead implementing agency, the
Pennsylvania Department of Environmental Protection (PADEP), has broad
statutory and regulatory authority with respect to USTs to regulate
installation, operation, maintenance, closure and UST releases, and to
the issuance of orders. The statutory and regulatory authority is found
in Pennsylvania's Storage Tank and Spill Prevention Act of 1989 at
sections 101 through 2105 (35 P.S. sections 6021.101-6021.2105), and in
Pennsylvania's Regulations, Administration of the Storage Tank and
Spill Prevention Program, Title 25, Chapter 245, Subchapters A-H (25
Pa. Code sections 245.1-245.708). The procedures the State will follow
to prohibit deliveries are set forth in a
[[Page 59841]]
guidance document entitled ``Storage Tank Product Delivery
Prohibition,'' Document Number 263-4000-001, effective September 8,
2012. In addition, the State's guidance document entitled ``Underground
Storage Tank Class and Class Training Courses,'' Document Number 263-
2300-001, effective December 14, 2019, that mandates operator
retraining (and is referenced in 25 Pa. Code section 245.411(d)) is
part of the approved program. Should the State change this guidance in
the future to make retraining non-mandatory, the approved program will
continue to require operator retraining based on the December 2019
guidance.
H. Where are the revised rules different from the Federal rules?
Broader in Scope Provisions
Where an approved State program has a greater scope of coverage
than required by Federal law, the additional coverage is not part of
the federally-approved program and is not federally enforceable (40 CFR
281.12(a)(3)(ii)). The following Pennsylvania requirements are
considered ``broader in scope'' than the Federal program:
<bullet> The State regulates aboveground tanks. See, e.g., 35 P.S.
Chapters 3, 9, 11; 25 Pa. Code 245 Subchapters C, F, G.
<bullet> The State may regulate substances in addition to those
regulated under the Federal program. 35 P.S. Section 103(``Regulated
substance''); 25 Pa. Code Section 245.1(``Regulated substance'').
<bullet> The State regulates persons who are not owners or
operators of USTs under corrective action requirements. See, e.g., 25
Pa. Code 245 Subchapter D.
<bullet> The State requires site-specific permits before
installation and construction of new highly hazardous substance tanks
and new field constructed tanks 25 Pa. Code Sections 245.231-.237.
<bullet> The State requires that owners or operators of USTs obtain
an operating permit. 25 Pa. Code Section 245.203.
<bullet> The State charges fees for UST registration. 25 Pa. Code
Sections 245.41-43.
<bullet> The State requires contractor licensure and certification
of persons other than installers. 35 P.S. Chapter 108; 25 Pa. Code 245
Subchapter B.
In accordance with 40 CFR 281.12(a)(3)(ii), the additional coverage
listed above is not part of the federally-approved program and is not
federally enforceable.
Other Provisions
The State may exclude from its program underground storage tanks
not excluded under the Federal program. The State's statutory and
regulatory definitions of ``underground storage tank'' do not include
any other tank excluded by policy or regulations promulgated under the
Storage Tank and Spill Prevention Act. 35 P.S. section 6021.103(13); 25
Pa. Code section 245.1 (subparagraph (xvii) of ``Underground storage
tank''). Should Pennsylvania choose to exercise such authority and
exclude tanks not currently excluded from its UST definition, its
program scope of coverage could be rendered unacceptably narrower than
the Federal program. Accordingly, EPA is not approving these two
provisions as part of the federally-approved program. In its State
Program Application (Program Description), Pennsylvania acknowledged
that EPA would exclude these two provisions.
II. Codification
A. What is codification?
Codification is the process of placing a State's statutes and
regulations that comprise the State's approved program into the Code of
Federal Regulations (CFR). Section 9004(b) of RCRA, as amended, allows
EPA to approve State UST programs to operate in lieu of the Federal
program. EPA codifies its authorization of State programs in 40 CFR
part 282 and incorporates by reference State statutes and regulations
that EPA will enforce under sections 9005 and 9006 of RCRA and any
other applicable statutory provisions. The incorporation by reference
of State authorized programs in the CFR should substantially enhance
the public's ability to discern the current status of the approved
State program and State requirements that can be federally enforced.
This effort provides clear notice to the public of the scope of the
approved program in each State.
B. What is the history of codification of Pennsylvania's UST program?
EPA incorporated by reference Pennsylvania's approved UST program
at 40 CFR 282.88 effective May 16, 2006 (71 FR 13769, March 17, 2006).
In this document, EPA is revising 40 CFR 282.88 to include the approved
revisions.
C. What codification decisions has EPA made in this rule?
Incorporation by reference: In this rule, EPA is finalizing
regulatory text that includes incorporation by reference. In accordance
with the requirements of 1 CFR 51.5, EPA is finalizing the
incorporation by reference of provisions of Pennsylvania statutes and
regulations pertaining to USTs as described in sections I.G., I.H. and
II.E. of this preamble that are applicable for Federal enforcement
purposes. The specific requirements to be incorporated are set forth
below in the amendments to 40 CFR part 282. EPA has made, and will
continue to make, these documents generally available through <a href="https://www.regulations.gov">https://www.regulations.gov</a> and at the EPA Region 3 office (see the FOR FURTHER
INFORMATION CONTACT section of this preamble for more information).
One purpose of this Federal Register document is to codify
Pennsylvania's approved UST program. The codification reflects the
State program that will be in effect at the time EPA's approved
revisions to Pennsylvania's UST program addressed in this direct final
rule become final. If, however, EPA receives any significant negative
comment opposing the proposed rulemaking then this codification will
not take effect, and the State rules that are approved after EPA
considers public comment will be codified instead. This document
incorporates by reference Pennsylvania's UST statutes and regulations
and clarifies which of these provisions are included in the approved
and federally-enforceable program. By codifying the approved
Pennsylvania program and by amending the CFR, the public will more
easily be able to discern the status of the federally-approved
requirements of the Pennsylvania program.
EPA is incorporating by reference the Pennsylvania approved UST
program in 40 CFR 282.88. Section 282.88(d)(1)(i) incorporates by
reference for enforcement purposes the State's statutes and
regulations.
Section 282.88 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 Pennsylvania's codification on enforcement?
The EPA retains the authority under sections 9005 and 9006 of
Subtitle I of RCRA, 42 U.S.C. 6991d and 6991e, and other applicable
statutory and regulatory provisions to undertake inspections and
enforcement actions and to issue orders in approved States. If EPA
determines it will take such actions in Pennsylvania, EPA will rely on
Federal sanctions, Federal inspection authorities, and Federal
procedures rather than the State's authorized analogs to these
provisions. Therefore,
[[Page 59842]]
EPA is not incorporating by reference such approved Pennsylvania's
procedural and enforcement authorities. Section 282.88(d)(1)(ii) of 40
CFR lists those approved Pennsylvania 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. Most of these provisions are not part of the RCRA Subtitle I
program because they are ``broader in scope'' than Subtitle I of RCRA.
40 CFR 281.12(a)(3)(ii) states that where an approved State program has
a greater scope of coverage than required by Federal law, the
additional coverage is not a part of the federally-approved program. As
a result, State provisions that are ``broader in scope'' than the
Federal program are not incorporated by reference for purposes of
enforcement in part 282. Section 282.88(d)(1)(iii) lists for reference
and clarity Pennsylvania's statutory and regulatory provisions that are
``broader in scope'' than the Federal program and which are not,
therefore, part of the approved program being codified in this action.
Provisions that are ``broader in scope'' cannot be enforced by EPA; the
State, however, will continue to implement and enforce such provisions
under State law.
In addition, as discussed above at I. H. of this preamble, EPA is
not approving certain provisions in Pennsylvania's statutory and
regulatory definitions of underground storage tank, because the
exercise of the authority pursuant to either provision could render the
State program scope narrower than the Federal program. 35 P.S.
6021.103(Underground storage tank, paragraph (13)), 25 Pa. Code
245.1(Underground storage tank, subparagraph (xvii)). EPA is not
codifying either provision. By so doing, even if in the future
Pennsylvania acts to exclude other tanks not already excluded from its
UST definitions, the approved program will continue to exclude only
those tanks currently excluded. Section 282.88(d)(1)(iii) also lists
for reference and clarity these two provisions.
III. Statutory and Executive Order Reviews
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
[[Page 59843]]
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 September 23,
2024 because it is a direct final rule.
Authority: This rule is issued under the authority of section 9004
of the Solid Waste Disposal Act of 1965, as amended, 42 U.S.C. 6991c.
List of Subjects in 40 CFR Part 282
Environmental protection, Administrative practice and procedure,
Confidential business information, Hazardous substances, Incorporation
by reference, Insurance, Intergovernmental relations, Oil pollution,
Penalties, Petroleum, Reporting and recordkeeping requirements, State
program approval, Surety bonds, Underground storage tanks, Water
pollution control, Water supply.
Adam Ortiz,
Regional Administrator, EPA Region 3.
For the reasons set forth in the preamble, EPA is amending 40 CFR
part 282 as follows:
PART 282--APPROVED UNDERGROUND STORAGE TANK PROGRAMS
0
1. The authority citation for part 282 continues to read as follows:
Authority: 42 U.S.C. 6912, 6991c, 6991d, and 6991e.
0
2. Revise Sec. 282.88 to read as follows:
Sec. 282.88 Pennsylvania State-Administered Program.
(a) The Commonwealth of Pennsylvania 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 Pennsylvania's Department of Environmental
Protection, was approved by EPA pursuant to 42 U.S.C. 6991c and 40 CFR
part 281. EPA approved Pennsylvania's underground storage tank program
on September 11, 2003, and approval was effective on September 11,
2003. A subsequent program revision application was approved by EPA and
became effective on September 23, 2024.
(b) Pennsylvania has primary responsibility for administering and
enforcing its federally-approved underground storage tank program.
However, EPA retains the authority to exercise its inspection and
enforcement authorities under sections 9005 and 9006 of Subtitle I of
RCRA, 42 U.S.C. 6991d and 6991e, regardless of whether the State has
taken its own actions, as well as under any other applicable statutory
and regulatory provisions.
(c) To retain program approval, Pennsylvania 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 Pennsylvania
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) Pennsylvania has final approval for the following elements of
its program application originally submitted to EPA and approved on
September 11, 2003, and effective September 11, 2003, and the program
revision application submitted to EPA on March 24, 2022, and approved
by EPA, effective on September 23, 2024.
(1) State statutes and regulations--(i) Incorporation by reference.
The provisions cited in paragraph (d)(1)(i) of this section, and listed
in appendix A to part 282, with the exception of the provisions cited
in paragraphs (d)(1)(ii) and (iii) of this section, are incorporated by
reference as part of the approved underground storage tank program in
accordance with Subtitle I of RCRA, 42 U.S.C. 6991 et seq. The Director
of the Federal Register approves this incorporation by reference in
accordance with 5 U.S.C. 552(a) and 1 CFR part 51. For the availability
of this information at the National Archives and Records Administration
and at the EPA, see Sec. 282.2(b). You may obtain copies of
Pennsylvania's regulations and statutes that are incorporated by
reference in this paragraph (d)(1) from Pennsylvania Department of
Environmental Protection, Bureau of Environmental Cleanup and
Brownfields, Rachel Carson State Office Building, 400 Market Street,
14th Floor, Harrisburg, PA 17101; phone number 1-800-428-2657 (within
PA) or 1-717-772-5599 (outside of PA).
(A) Pennsylvania Statutory Requirements Applicable to the
Underground Storage Tank Program, December 2017.
(B) Pennsylvania Regulatory Requirements Applicable to the
Underground Storage Tank Program, December 2018.
(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) Storage Tank and Spill Prevention Act of 1989, Public Law 169,
No. 32, 35 P.S. Sections: 6021.106(a); 6021.107; 6021.503(b); 6021.505;
6021.1301-1315.
(2) Title 35, Health and Safety; Chapter 44. Environmental Hearing
Board Act, 35 P.S. Sections 7511-7516.
(3) Title 71, Part I, Ch. 2, Article IV. Organization of
Departmental Administrative Boards and Commissions and of Advisory
Boards and Commissions, 71 P.S. Section 180-1 Environmental Quality
Board (Adm. Code section 471).
(4) Title 71, Part I, Ch. 2, Article XIX-A. Powers and Duties of
the Department of Environmental Resources, its Officers and
Departmental Advisory Boards and Commissions, 71 P.S. Sections: 510-17,
510-20.
(B) The regulatory provisions include:
(1) Pennsylvania Code, Title 25, Part I, Subpart D, Article VI,
Chapter 245 Administration of the Storage Tank and Spill Prevention
Program, Sections: 245.202; 245.203(f); 245.303.
(2) Pennsylvania Code Title 25, Chapter 1021 Practice and
Procedure, Sections: 1021.81; 1021.122.
(3) Pennsylvania Rules of Civil Procedure: 2326, 2327, 2328, 2329,
2330.
(iii) Provisions not incorporated by reference. With two
exceptions, the following statutory and regulatory provisions are
``broader in scope'' than the Federal program, are not part of the
approved program, and are not incorporated by reference herein. These
provisions are not federally enforceable. In addition to the broader in
scope provisions, one provision in statutory definition of
``Underground storage tank'' and one in the regulatory definition of
``Underground storage tank'' are not part of the approved program and
are not incorporated by reference herein. These provisions are also not
federally enforceable:
(A) Storage Tank and Spill Prevention Act of 1989, Public Law 169,
No. 32, PS Sections: 6021.103 as to the definitions
[[Page 59844]]
of ``Aboveground storage tank,'' ``Certified inspector,'' ``Small
aboveground storage tank,'' ``Spill prevention and response plan,''
``Stationary tank,'' paragraph (13) of ``Underground storage tank,''
definitions of ``Storage tank,'' ``Storage tank facility'' and
``Monitoring system'' insofar as each definition includes aboveground
storage tanks; paragraphs (1) and (2) of ``Owner,'' paragraph (3) of
``Regulated substance;'' 6021.105; 6021.106(b); 6021.108; 6021.110;
6021.301-306; 6021.501(a)(1), (a)(8), (a)(12), (a)(15), (c)(1), (c)(2)
as to activities other than installation, (c)(3); 6021.502(a);
6021.503(a) as to fees and insofar as excludes tanks not excluded by
the Federal program, (c); 6021.504; 6021.506-.507; 6021.701(a) insofar
as includes aboveground storage tanks; 6021.702-.713; 6021.901-.904;
6021.1101-.1102, 6021.2101.
(B) Pennsylvania Code, Chapter 245, Administration of the Storage
Tank and Spill Prevention Programs, Sections: 245.1 definitions of
``Aboveground field constructed metallic storage tank,'' ``Aboveground
manufactured metallic storage tank,'' ``Aboveground nonmetallic storage
tank,'' ``Aboveground storage tank,'' ``Aboveground storage tank
system,'' ``Certification categories,'' ``Certified company,''
``Certified inspector,'' ``Certified installer'' insofar as encompasses
activities other than installation, ``Environmental audit,'' ``In-
service inspection,'' ``Large aboveground storage tank,'' ``Large
aboveground storage tank facility,'' ``Nontank handling project
activities,'' ``Out-of-service inspection,'' subparagraphs (i) and (ii)
of ``Owner,'' ``Pressure vessel,'' ``Process vessel,'' subparagraph
(iii) of ``Regulated substance,'' ``Responsible party'' insofar as it
includes persons who are not owners or operators of underground storage
tanks, ``Small aboveground storage tank,'' ``Spill prevention response
plan,'' ``Stationary tank,'' subparagraph (xvii) of ``Underground
storage tank,'' ``Underground vault,'' and subparagraph (ii) of
``Change-in-service,'' ``Consumptive use,'' ``Emergency containment,''
``Monitoring system,'' ``Storage tank,'' ``Storage tank facility,'' and
``Storage tank system'' insofar as each definition includes aboveground
storage tanks; 245.21(a) insofar as includes aboveground storage tanks,
(b), (c), and (d) insofar as references permits; 245.31(a) and (f)
insofar as each requires tests or evaluations be performed by a
Department-certified individual, (e); 245.41(a) and (e) insofar as each
requires payment of fees, (b) insofar as includes aboveground storage
tanks and excludes tanks not excluded by the Federal program, (c)(7),
(d); 245.42; 245.43; 245.101-.142 (Subchapter B); 245.201-.237
(Subchapter C); 245.305(g); 245.306(b)(3) and (d); 245.411(a) as to
certified inspector; 245.422(b)(1)(ii) as to certified tank liner;
245.423; 245.424(2); 245.425(5); 245.434(1); 245.436(c)(5);
245.441(a)(3)(i) and (ii); 245.501-.562 (Subchapter F); 245.601-.618
(Subchapter G).
(2) Statement of legal authority. ``Attorney General's Statement''
signed by the General Counsel and Attorney General on January 27, 2022,
and February 14, 2022, respectively, though not incorporated by
reference, is referenced as part of the approved underground storage
tank program under Subtitle I of RCRA, 42 U.S.C. 6991 et seq.
(3) Demonstration of procedures for adequate enforcement. The
``Demonstration of Adequate Enforcement Procedures'' submitted as part
of the program revision application for approval on March 24, 2022,
though not incorporated by reference, is referenced as part of the
approved underground storage tank program under Subtitle I of RCRA, 42
U.S.C. 6991 et seq.
(4) Program description. The program description and any other
material submitted as part of the program revision application for
approval on March 24, 2022, though not incorporated by reference, are
referenced as part of the approved underground storage tank program
under Subtitle I of RCRA, 42 U.S.C. 6991 et seq.
(5) Memorandum of Agreement. The Memorandum of Agreement between
EPA Region 3 and Pennsylvania Department of Environmental Protection,
signed by the EPA Regional Administrator on April 25, 2019, though not
incorporated by reference, is referenced as part of the approved
underground storage tank program under Subtitle I of RCRA, 42 U.S.C.
6991 et seq.
0
3. Amend appendix A by revising the entry for Pennsylvania to read as
follows:
Appendix A to Part 282--State Requirements Incorporated by Reference in
Part 282 of the Code of Federal Regulations
* * * * *
Pennsylvania
(a) The statutory provisions include:
(1) Pennsylvania Storage Tank and Spill Prevention Act of 1989,
Public Law 169, No. 32.
35 P.S. Section 6021.101. Short title.
35 P.S. Section 6021.102. Legislative Findings.
35 P.S. Section 6021.103. Definitions, except ``Aboveground
storage tank,'' ``Certified inspector,'' paragraphs (1) and (2) of
``Owner,'' paragraph (3) of ``Regulated substance,'' ``Small
aboveground storage tank,'' ``Spill prevention and response plan,''
``Stationary tank,'' paragraph (13) of ``Underground storage tank,''
and ``Monitoring system,'' ``Storage tank,'' and ``Storage tank
facility'' insofar as each definition includes aboveground storage
tanks.
35 P.S. Section 6021.109. Construction.
35 P.S. Section 6021.501. Underground storage tank requirements,
except subparagraphs (a)(1), (a)(8), (a)(12), (a)(15), (c)(1),
(c)(3), subparagraph (c)(2) as to activities other than
installation.
35 P.S. Section 6021.502. Interim requirements and discontinued
use, except paragraph (a).
35 P.S. Section 6021.503. Registration, except paragraph (a) as
to fees and insofar as excludes tanks not excluded by the Federal
program, paragraph (c).
35 P.S. Section 6021.701. Financial Responsibility, except
paragraph (a) insofar as includes aboveground storage tanks.
35 P.S. Section 6021.2102. Saved from Repeal, except insofar as
includes aboveground storage tanks.
35 P.S. Section 6021.2103. Severability.
35 P.S. Section 6021.2104. Repeals.
35 P.S. Section 6021.2105. Effective date.
(b) The regulatory provisions include:
Pennsylvania Code, Chapter 245, Administration of the Storage
Tank and Spill Prevention Programs
Section 245.1. Definitions, except ``Aboveground field
constructed metallic tank,'' ``Aboveground manufactured metallic
storage tank,'' ``Aboveground nonmetallic storage tank,''
``Aboveground storage tank,'' ``Aboveground storage tank system,''
``Certification categories,'' ``Certified company,'' ``Certified
inspector,'' ``Certified installer'' insofar as encompasses
activities other than installation, ``Environmental audit,'' ``In-
service inspection,'' ``Out-of-service inspection,'' subparagraphs
(i) and (ii) of ``Owner,'' ``Large aboveground storage tank,''
``Large aboveground storage tank facility,'' ``Nontank handling
project activities,'' ``Pressure vessel,'' ``Process vessel,''
subparagraph (iii) of ``Regulated substance,'' ``Responsible party''
insofar as includes persons who are not owners or operators of
underground storage tanks, ``Small aboveground storage tank,''
``Spill prevention response plan,'' ``Stationary tank,''
subparagraph (xvii) of ``Underground storage tank,'' ``Underground
vault,'' and subparagraph (ii) of ``Change-in-service,''
``Consumptive use,'' ``Emergency containment,'' ``Monitoring
system,'' ``Storage tank,'' ``Storage tank facility,'' and ``Storage
tank system'' insofar as each definition includes aboveground
storage tanks.
Section 245.2. General.
[[Page 59845]]
Section 245.21. Tank handling and inspection activities, except
paragraph (a) as to aboveground storage tanks, paragraphs (b)-(c),
paragraph (d) as to permits.
Section 245.31. Underground storage tank tightness testing
requirements, except paragraphs (a) and (f) insofar as each requires
tests or evaluations be performed by a Department-certified
individual, paragraph (e).
Section 245.41. Tank Registration requirements, except
paragraphs (a) and (e) as to fees, paragraph (b) as to aboveground
storage tanks and insofar as excludes tanks not excluded by the
Federal program, paragraphs (c)(7) and (d).
Section 245.301. Purpose.
Section 245.302. Scope.
Section 245.304. Investigation and reporting of suspected
releases.
Section 245.305. Reporting releases, except paragraph (g).
Section 245.306. Interim remedial actions, except paragraphs
(b)(3) and (d).
Section 245.307. Affected or diminished water supplies.
Section 245.308. Onsite storage of contaminated soil.
Section 245.309. Site characterization.
Section 245.310. Site characterization report.
Section 245.311. Remedial action plan.
Section 245.312. Remedial action.
Section 245.313. Remedial action completion report.
Section 245.314. Professional seals.
Section 245.401. Purpose.
Section 245.402. Scope.
Section 245.403. Applicability.
Section 245.404. Variances.
Section 245.405. Codes and Standards.
Section 245.411. Inspection frequency, except paragraph (a) as
to certified inspector.
Section 245.421. Performance standards for underground storage
tank systems.
Section 245.422. Upgrading of existing underground storage tank
systems, except subparagraph (b)(1)(ii) as to certified tank liner.
Section 245.424. Standards for new field constructed tank
systems, except paragraph (2).
Section 245.425. Reuse of removed tanks, except paragraph (5).
Section 245.431. Spill and overfill control.
Section 245.432. Operation and maintenance including corrosion
protection.
Section 245.433. Compatibility.
Section 245.434. Repairs allowed, except paragraph (1).
Section 245.435. Reporting and recordkeeping.
Section 245.436. Operator training, except paragraph (c)(5).
Section 245.437. Periodic testing.
Section 245.438. Periodic operation and maintenance walkthrough
inspections.
Section 245.441. General requirements for underground storage
tank systems, except subparagraphs (a)(3)(i) and (ii).
Section 245.442. Periodic monitoring requirements for petroleum
underground storage tank systems.
Section 245.443. Requirements for hazardous substance
underground storage tank systems.
Section 245.444. Methods of release detection for tanks.
Section 245.445. Methods of release detection for piping.
Section 245.446. Release detection recordkeeping.
Section 245.451. Temporary removal from service (out-of-
service).
Section 245.452. Permanent closure and changes-in-service.
Section 245.453. Assessing the site at closure or change-in-
service.
Section 245.454. Applicability to previously closed underground
storage tank systems.
Section 245.455. Closure records.
Section 245.701. Purpose.
Section 245.702. Scope.
Section 245.703. Owner or operator financial responsibility.
Section 245.704. General requirements.
Section 245.705. Owner and operator liability.
Section 245.706. Underground storage tanks not covered by USTIF.
Section 245.707. Coverage amounts for financial responsibility.
Section 245.708. Failure to maintain financial responsibility.
* * * * *
[FR Doc. 2024-16058 Filed 7-23-24; 8:45 am]
BILLING CODE 6560-50-P
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</html>Indexed from Federal Register on July 24, 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.