Rule2024-22912
Iowa: 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
October 4, 2024
Effective
December 3, 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 Iowa's Underground Storage Tank (UST) program submitted by the Department of Natural Resources (DNR). This action also codifies EPA's approval of Iowa'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 Subtitle I and other applicable statutory and regulatory provisions.
Full Text
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<title>Federal Register, Volume 89 Issue 193 (Friday, October 4, 2024)</title>
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[Federal Register Volume 89, Number 193 (Friday, October 4, 2024)]
[Rules and Regulations]
[Pages 80788-80795]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2024-22912]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 282
[EPA-R07-UST-2023-0534; FRL-11633-02-R7]
Iowa: 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 Iowa's Underground
Storage Tank (UST) program submitted by the Department of Natural
Resources (DNR). This action also codifies EPA's approval of Iowa'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 Subtitle I and other applicable
statutory and regulatory provisions.
DATES: This rule is effective December 3, 2024, unless EPA receives
adverse comment by November 4, 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 December 3, 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#04746b6961772a696d676c656168446174652a636b72"><span class="__cf_email__" data-cfemail="4f3f20222a3c6122262c272e2a230f2a3f2e61282039">[email protected]</span></a>.
Instructions: Direct your comments to Docket ID No. EPA-R07-UST-
2023-0534. 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="http://www.regulations.gov">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="http://www.regulations.gov">www.regulations.gov</a> or by contacting
Angela Sena, Tanks, Toxics & Pesticides Branch, Land Chemical, and
Redevelopment Division, U.S. Environmental Protection Agency, Region 7,
11201 Renner Boulevard, Lenexa, Kansas 66219; (913) 551-7989;
<a href="/cdn-cgi/l/email-protection#b0c3d5ded19ed1ded7d5dcd1f0d5c0d19ed7dfc6"><span class="__cf_email__" data-cfemail="9be8fef5fab5faf5fcfef7fadbfeebfab5fcf4ed">[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: Michael L Pomes, Remediation Branch,
Land, Chemical, and Redevelopment Division, U.S. Environmental
Protection Agency, Region 5, 77 W Jackson Boulevard, Chicago, Illinois
60604; (312) 886-2406; <a href="/cdn-cgi/l/email-protection#1666797b7365387b7f757e77737a5673667738717960"><span class="__cf_email__" data-cfemail="0676696b6375286b6f656e67636a4663766728616970">[email protected]</span></a>.
SUPPLEMENTARY INFORMATION:
I. Approval of Revisions to Iowa'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 June 22, 2023, in accordance with 40 CFR 281.51(a), Iowa
submitted a complete program revision application seeking the EPA
approval for its UST program revisions (State Application). Iowa's
revisions correspond to the EPA
[[Page 80789]]
final rule published on July 15, 2015 (80 FR 41566), which revised the
1988 UST regulations and the 1988 State program approval (SPA)
regulations (2015 Federal Revisions). As required by 40 CFR 281.20, the
State Application contains the following: a transmittal letter
requesting approval, a description of the program and operating
procedures, a demonstration of the State's procedures to ensure
adequate enforcement, a Memorandum of Agreement outlining the roles and
responsibilities of the EPA and the implementing agency, a statement of
certification from the Attorney General, and copies of all relevant
State statutes and regulations. We have reviewed the State Application
and determined that the revisions to Iowa'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 Iowa
program provides for adequate enforcement of compliance (40 CFR
281.11(b)). Therefore, the EPA grants Iowa 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 Iowa 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 Iowa previously been approved?
On March 7, 1995, the EPA finalized a rule approving the UST
program, effective May 8 1995, to operate in lieu of the Federal
program. On March 7, 1995, effective May 8, 1995, the EPA codified the
approved Iowa program, incorporating by reference the State statutes
and regulatory provisions that are subject to EPA's inspection and
enforcement authorities under RCRA sections 9005 and 9006, 42 U.S.C.
6991d and 6991e, and other applicable statutory and regulatory
provisions.
G. What changes are we approving with this action?
On June 22, 2023, in accordance with 40 CFR 281.51(a), Iowa
submitted a complete application for final approval of its UST program
revisions adopted on June 23, 2021. The EPA now makes an immediate
final decision, subject to receipt of written comments that oppose this
action, that Iowa's UST program revisions satisfy all of the
requirements necessary to qualify for final approval. Therefore, EPA
grants Iowa 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 567 Iowa Admin. Code
Notification. 135.1(3)(a).
IAC 135.1(3)(a) and (4).
IAC 135.3(1).
IAC 135.3(1)(a), (b), (d),
(e).
IAC 135.3(1)(c)(1) through
(4).
IAC 135.3(1)(f)(1) and (4).
IAC 135.3(3)(d)(1) through
(4).
IAC 135.3(9).
40 CFR 281.30, New UST Systems and 567 Iowa Admin. Code
Notification continued . . .. 135.4(5)(a)(1) through (6).
IAC 135.21(1)(a).
IAC 135.21(2)(a).
40 CFR 281.31, Upgrading Existing UST 567 Iowa Admin. Code
Systems. 135.1(3)(a).
IAC 135.1(3)(a).
IAC 135.3(2)(b), (c), (d).
IAC 135.21(1)(a).
IAC 135.21(2).
[[Page 80790]]
40 CFR 281.32, General Operating 567 Iowa Admin. Code
Requirements. 135.3(1)(a)(4)(2).
IAC 135.3(1)(b).
IAC 135.3(1)(c)(4).
IAC 135.3(9)(b)(2).
IAC 135.4(1).
IAC 135.4(2)(a) through (d).
IAC 135.4(3).
IAC 135.4(3)(a).
IAC 135.4(4)(a), (b), (c)(1)
and (3), (d), (e), (f).
IAC 135.4(4)(h).
IAC 135.4(5)(b)(8) and (11).
IAC 135.4(5)(b).
IAC 135.4(5)(c).
IAC 135.4(12).
IAC 135.4(12)(c).
IAC 135.4(13).
IAC 135.4(13)(e).
IAC 135.5(6).
40 CFR 281.33, Release Detection.......... 567 Iowa Admin. Code
135.5(1)(a), through (d).
IAC 135.5(2).
IAC 135.5(4)(a), (b), (c),
(d)(1) through (3), (e)(1)
through (7), (f), (g)(1),
(g)(2), (h)(1) and (2),
(i).
IAC 135.5(3).
IAC 135.5(5)(a), (b), (c),
(d).
IAC 135.21(2)(d)(1) and (2).
IAC 135.21(2)(d)(3).
40 CFR 281.34, Release Reporting, 567 Iowa Admin. Code
Investigation, and Confirmation. 135.4(1)(b).
IAC 135.6(1).
IAC 135.6(2).
IAC 135.6(3)(a).
IAC 135.6(4)(a) and (b).
40 CFR 281.35, Release Response and 567 Iowa Admin. Code
Corrective Action. 135.7(2).
IAC 135.7(3).
IAC 135.7(5)(a), (b), (c),
(d)(1), (2), (4) through
(8).
40 CFR 281.35, Release Response and 567 Iowa Admin. Code 135.13.
Corrective Action Continued . . ..
40 CFR 281.36, Out-of-service Systems and 567 Iowa Admin. Code
Closure. 135.15(1)(a).
IAC 135.15(1)(b)(1), (2),
(3), (6).
IAC 135.15(1)(c)(2), (3),
(6).
IAC 135.15(1)(d).
IAC 135.15(2)(b) and (c).
IAC 135.15(3)(a) and (f).
IAC 135.15(5).
IAC 135.21(2)(e).
40 CFR 281.37, Financial Responsibility 567 Iowa Admin. Code 136.4.
for USTs Containing Petroleum. IAC 136.5 through 136.16.
IAC 136.17.
IAC 136.18.
IAC 136.20.
IAC 136.24.
40 CFR 281.39, Operator Training.......... 567 Iowa Admin. Code
135.4(6)(a), (g), (h).
IAC 135.4(8)(a)(1), (10),
(11), (13), (15), (17),
(19).
IAC 135.4(8)(b)(2), (3),
(6), (7), (10), (11), (16),
(18).
IAC 135.4(8)(c), (c)(6)
135.4(10).
IAC 135.4(11)(a), (a)(1),
(b).
40 CFR 281.41, Legal Authorities for Iowa Code 17(A)(19)(10)(f).
Enforcement Response. IC 455B.474(1)(a)(6)(k).
IC 455B.476.
IC 455B.476(3).
IC 455B.477(1).
IC 455B.477(2).
IC 455B.477(3).
IC 455B.477(6).
IC 455B.474(8)(b).
567 Iowa Admin. Code
135.3(5)(d).
IAC 135.3(8).
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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 Iowa DNR UST Section 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: Code of Iowa Chapter 455B,
Jurisdiction of the Department of Natural Resources,
[[Page 80791]]
Division IV, Solid Waste Disposal, Part 8--Underground Storage Tanks
(455B.471 et seq.), and 567 Iowa Administrative Code Chapter 134--
Underground Storage Tank Licensing and Certification Programs, Chapter
135--Technical Standards and Corrective Action Requirements for Owners
and Operators of Underground Storage Tanks, and Chapter 136--Financial
Responsibility for Underground Storage Tanks.
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):
Code of Iowa
Code of Iowa 455B.471(1), (2), (3), (4), (10)
Code of Iowa 455B.472
Code of Iowa 455B.473(4) through (9)
Code of Iowa 455B.473A
Code of Iowa 455B.474
Code of Iowa 455B.474A
Code of Iowa 455B.475
Code of Iowa 455B.476
Code of Iowa 455B.477
Code of Iowa 455B.478
Code of Iowa 455B.479
567 Iowa Administrative Code
Iowa Administrative Code Chapter 134
Iowa Administrative Code Chapter 135.2 definitions not listed in 40 CFR
280.12
Iowa Administrative Code 135.3(1)(c)(5) and (e)(1) and (2)
Iowa Administrative Code 135.3(2)(a)
Iowa Administrative Code 135.3(3)(a), (b), (d)(5) and (6), (g), (j),
and (k)
Iowa Administrative Code 135.3(5)
Iowa Administrative Code 135.3(9)(b)(1)(1)
Iowa Administrative Code 135.4(2)(e)
Iowa Administrative Code 135.4(3)(b), (c)
Iowa Administrative Code 135.4(4)(c)(2) and (4)
Iowa Administrative Code 135.4(4)(g) and (i)
Iowa Administrative Code 135.4(5)(a)(7) and (8)
Iowa Administrative Code 135.4(6)(a) through (f)
Iowa Administrative Code 135(4)(7)
Iowa Administrative Code 135.4(8)(a), (a)(4), (5), (7), (8), (9), (14),
(16), (18)
Iowa Administrative Code 135.4(8)(b), (b)(4), (5), (8), (9), (12),
(13), (14), (17). (19)
Iowa Administrative Code 135.4(8)(c)(1), (2), (3), (4), (5)
Iowa Administrative Code 135.4(9)
Iowa Administrative Code 135.4(11)(a)(2), (c) and (d)
Iowa Administrative Code 135.5(1)(e)
Iowa Administrative Code 135.5(4)(c)
Iowa Administrative Code 135.5(4)(d)(4)
Iowa Administrative Code 135.5(4)(e)(8)
Iowa Administrative Code 135.5(4)(g)(1)(1) through (3)
Iowa Administrative Code 135.5(4)(h)(3)(1) through (3)
Iowa Administrative Code 135.5(4)(h)(4) through (6)
Iowa Administrative Code 135.5(5)(b), (d)(1) and (2)
Iowa Administrative Code 135.6(3)(b)
Iowa Administrative Code 135.7(5)
Iowa Administrative Code 135.7(5) (d)(3), (9), (10), (11)
Iowa Administrative Code 135.7(5) (e), (f), (g)
Iowa Administrative Code 135.8
Iowa Administrative Code 135.9
Iowa Administrative Code 135.10
Iowa Administrative Code 135.11
Iowa Administrative Code 135.12
Iowa Administrative Code 135.14
Iowa Administrative Code 135.15(1)(b)(4) and (5)
Iowa Administrative Code 135.15(1)(c)(1), (4), and (5)
Iowa Administrative Code 135.15(1)(e) and (f)
Iowa Administrative Code 135.15(2), (2)(a) and (d)
Iowa Administrative Code 135.15(3)(a) through (e)
Iowa Administrative Code 135.15(4)
Iowa Administrative Code 135.15(7)
Iowa Administrative Code 135.16
Iowa Administrative Code 135.17
Iowa Administrative Code 135.18
Iowa Administrative Code 135.19
Iowa Administrative Code 135.20
Iowa Administrative Code Chapter 135 Appendices A, B, C, and D
More Stringent Provisions (Give examples):
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):
Iowa required the notification for USTs taken out of operation from
January 1, 1974, to July 1, 1985, USTs that existed and still in
operation on or before July 1, 1985, and those brought into service
after July 1, 1985, making them more stringent: Iowa Code 455B.473(1),
(2), (3).
Iowa specifically excludes residential septic tanks as being
underground storage tanks making them more stringent: Code of Iowa
455B.471(11)(b)(1)(c).
Iowa specifically excluded piping associated with tanks used for
storing heating oil for consumptive use on the premises where stored as
being underground storage tanks making them more stringent: Code of
Iowa 455B.471(11)(b)(2).
Farm and residential tanks installed in Iowa after July 1, 1987,
are subject to the requirements of 567 Iowa Admin. Code Chapters 135
and 136 making them more stringent: IAC 135.2 and 136.1(4).
Iowa specifies when under dispenser containment must be installed
depending on what dispensing equipment is installed or replaced, what
connections are made to the dispensers, and whether or not replaced or
new piping is within 10 feet given dispensers making them more
stringent: IAC 135.3(1)(f)(2) and (3).
Iowa requires that owners must have tank tags affixed to the fill
pipe in order to receive deliveries of product into the USTs they own
making them more stringent: IAC 135.3(3)(c).
Iowa requires that a person installing an underground storage tank
and the owner or operator of the underground storage tank must notify
the department of their intent to install the tank 30 days prior to
installation making them more stringent: IAC 135.3(3)(h).
Iowa specifies the codes of practice to be discussed during UST
Operator training making them more stringent: IAC 135.4(6)(a)(2), (3);
IAC 135.4(8)(a)(2); IAC 135.4(8)(b)(1).
Iowa requires that C UST Operator be retrained in 15 days making
them more stringent: IAC 135.4(6)(i).
Iowa specifies what financial responsibility topics must be covered
during Class A UST Operator Training making them more stringent: IAC
135.4(8)(a)(12).
Iowa specifies the types of methods used for monitoring containment
spaces, how often the monitoring is done, and containment should be
kept free of liquid or debris that would affect the monitoring making
them more stringent: 135.5(5)(d).
Iowa requires a 60-day timeframe for implementing and installing
free product recovery system approved by the department making them
more stringent: IAC 135.7(5)(e).
Iowa sets requirements for returning a UST to service after an
extended period of temporary closure making them more stringent: IAC
135.15(1)(f).
Iowa requires department approval for removals undertaken with less
than 30 days of notice making them more stringent: IAC 135.15(2)(a).
Iowa requires that department receives notice of bankruptcy within
10
[[Page 80792]]
days making them more stringent: IAC 136.23(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 Iowa's UST program?
EPA incorporated by reference the Iowa DNR approved UST program
effective May 8, 1995 (60 FR 12631, March 7, 1995). In this document,
EPA is revising 40 CFR 282.65 to include the approved revisions.
C. What codification decisions have we made in this rule?
Incorporation by reference: In this rule, we are finalizing
regulatory text that includes incorporation by reference. In accordance
with the requirements of 1 CFR 51.5, we are finalizing the
incorporation by reference of the federally approved Iowa 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="http://www.regulations.gov">www.regulations.gov</a> or by contacting the EPA Region 5 contact
listed in the ADDRESSES section of this preamble.
The purpose of this Federal Register document is to codify Iowa's
approved UST program. The codification reflects the State program that
would be in effect at the time EPA's approved revisions to the Iowa UST
program addressed in this direct final rule become final. The document
incorporates by reference Iowa's UST statutes and regulations and
clarifies which of these provisions are included in the approved and
federally enforceable program. By codifying the approved Iowa program
and by amending the CFR, the public will more easily be able to discern
the status of the federally-approved requirements of the Iowa program.
EPA is incorporating by reference the Iowa approved UST program in
40 CFR 282.65. Section 282.65(d)(1)(i) incorporates by reference for
enforcement purposes the State's statutes and regulations.
Section 282.65 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 Iowa'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 Iowa procedural
and enforcement authorities. Section 282.65(d)(1)(ii) of 40 CFR lists
those approved Iowa 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 282.65(d)(1)(iii) lists for reference
and clarity the Iowa 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.
III. Statutory and Executive Order Reviews
This action only applies to Iowa'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.
[[Page 80793]]
E. Executive Order 13175: Consultation and Coordination With Indian
Tribal Governments
This action approves and codifies pre-existing requirements under
State law and does not impose any additional enforceable duty beyond
that required by State law, it does not contain any unfunded mandate or
significantly or uniquely affect small governments, as described in the
Unfunded Mandates Reform Act of 1995 (2 U.S.C. 1531-1538). For the same
reason, this action also does not significantly or uniquely affect the
communities of Tribal governments, as specified by Executive Order
13175 (65 FR 67249, November 9, 2000).
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 December 3,
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: September 18, 2024.
Cecilia Tapia,
Acting Deputy 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. Revise Sec. 282.65 to read as follows:
Sec. 282.65 Iowa State-Administered Program.
(a) History of the approval of Iowa's program. The State of Iowa 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 Iowa
Department of Natural Resources, was approved by EPA pursuant to 42
U.S.C. 6991c and part 281 of this Chapter. EPA approved the Iowa
program on March 7, 1995, and it was effective on May 8, 1995. A
subsequent program revision application was approved by EPA and became
effective on December 3, 2024.
(b) Enforcement authority. Iowa 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, Iowa
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 Iowa 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. Iowa has final approval for the
following elements of its program application originally submitted to
EPA and
[[Page 80794]]
approved on March 7, 1995, and effective May 8, 1995, and the program
revision application approved by EPA, effective on December 3, 2024:
(1) State statutes and regulations--(i) Incorporation by reference.
The material cited in this paragraph, and listed in Appendix A to Part
282, is incorporated by reference as part of the underground storage
tank program under Subtitle I of RCRA, 42 U.S.C. 6991 et seq. (See
Sec. 282.2 for incorporation by reference approval and inspection
information.) You may obtain copies of the Iowa regulations and
statutes that are incorporated by reference in this paragraph from the
Iowa Department of Natural Resources website at: <a href="https://www.iowadnr.gov/Environmental-Protection/Land-Quality/Underground-Storage-Tanks/UST-LUST-Regulations">https://www.iowadnr.gov/Environmental-Protection/Land-Quality/Underground-Storage-Tanks/UST-LUST-Regulations</a> for 567 Iowa Administrative Code
regulations and <a href="https://www.legis.iowa.gov/law/administrativeRules/agencies">https://www.legis.iowa.gov/law/administrativeRules/agencies</a> for Code of Iowa statutes or the Iowa Department of Natural
Resources, UST Section, 6200 Park Avenue, Suite 200, Des Moines, IA
50321.
(A) EPA-Approved Iowa Regulatory Requirements Applicable to the
Underground Storage Tank Program, August 2023.
(B) EPA-Approved Iowa Statutory Requirements Applicable to the
Underground Storage Tank Program, December 22, 2023.
(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. Iowa's no less stringent, underground
storage tank program compliance criteria is included in their
regulations. Iowa includes brief statements in their statutes
establishing the authority of the Iowa Department of Natural Resources
to create and implement the underground storage tank program. None of
these statutes are incorporated by reference.
(A) Code of Iowa 455B.17(A)(19)(10)(f).
(B) Code of Iowa 455B.472, 473A, 474, 474A, 475, 476, 477, 478,
479.
(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) Code of Iowa Chapter 455B, Jurisdiction of the Department of
Natural Resources, Division IV, Solid Waste Disposal, Part 8--
Underground Storage Tanks Sections: 455B.471(1), (2), (3), (4), (10);
455B.473(4) through (9).
(B) 567 Iowa Administrative Code Chapter 134--Underground Storage
Tank Licensing and Certification Programs--entire Chapter.
(C) 567 Iowa Administrative Code Chapter 135--Technical Standards
and Corrective Action Requirements for Owners and Operators of
Underground Storage Tanks: 135.2 definitions not listed in 40 CFR
280.12; 135.3(1)(c)(5) and (e)(1) and (2); 135.3(2)(a); 135.3(3)(a),
(b), (d)(5) and (6), (g), (j), and (k); 135.3(5); 135.3(9)(b)(1)(1);
135.4(2)(e); 135.4(3)(b), (c); 135.4(4)(c)(2) and (4); 135.4(4)(g) and
(i); 135.4(5)(a)(7) and (8); 135.4(6)(a) through (f); 135.(4)(7);
135.4(8)(a), (a)(4), (5), (7), (8), (9), (14), (16), (18); 135.4(8)(b),
(b)(4), (5), (8), (9), (12), (13), (14), (17). (19); 135.4(8)(c)(1),
(2), (3), (4), (5); 135.4(9); 135.4(11)(a)(2), (c) and (d);
135.5(1)(e); 135.5(4)(c); 135.5(4)(d)(4); 135.5(4)(e)(8);
135.5(4)(g)(1)(1) through (3); 135.5(4)(h)(3)(1) through (3);
135.5(4)(h)(4) through (6); 135.5(5)(b), (d)(1) and (2); 135.6(3)(b);
135.7(5); 135.7(5) (d)(3), (9), (10), (11); 135.7(5) (e), (f), (g);
135.8; 135.9; 135.10; 135.11; 135.12; 135.14; 135.15(1)(b)(4) and (5);
135.15(1)(c)(1), (4), and (5); 135.15(1)(e) and (f); 135.15(2), (2)(a)
and (d); 135.15(3)(a) through (e); 135.15(4); 135.15(7); 135.16;
135.17; 135.18; 135.19; 135.20; Chapter 135 Appendices A, B, C, and D.
(2) Statement of legal authority. The ``Attorney General's
Statement Letter'', signed by the Iowa Attorney General on December 22,
1993, and May 9, 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.
(3) Demonstration of procedures for adequate enforcement. The
``Demonstration of Adequate Enforcement Procedures'' submitted as part
of the original application on March 17, 1994, and as part of the
program revision application on June 22, 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 March 17,
1994, and as part of the program revision application on June 22, 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 Iowa Department of Natural Resources, signed by
the EPA Regional Administrator on April 4, 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. Appendix A to part 282 is amended by revising the entry for ``Iowa''
to read as follows:
Appendix A to Part 282--State Requirements Incorporated by Reference in
Part 282 of the Code of Federal Regulations
* * * * *
Iowa
(a) The statutory provisions include Code of Iowa Chapter 455B,
Jurisdiction of the Department of Natural Resources, Division IV,
Solid Waste Disposal, Part 8--Underground Storage Tanks (455B.471 et
seq.):
455B.471(5), (6), (7), (8), (9), (11)(a) and 11(b) except for as
indicated: 471(11)(b)(1)(c)--Iowa specifically excludes residential
septic tanks as being underground storage tanks making them more
stringent; and 455B.471(11)(b)(2)--Iowa specifically excluded piping
associated with tanks used for storing heating oil for consumptive
use on the premises where stored as being underground storage tanks
making them more stringent.
Iowa Code 455B.473 except for 455B.473(1), (2), (3) Iowa required
the notification for USTs taken out of operation from January 1,
1974, to July 1, 1985, USTs that existed and still in operation on
or before July 1, 1985, and those brought into service after July 1,
1985, making them more stringent.
(b) The regulatory provisions include 567 Iowa Administrative
Chapter 135--Technical Standards and Corrective Action Requirements
for Owners and Operators of Underground Storage Tanks and Chapter
136--Financial Responsibility for Underground Storage Tanks:
567 Iowa Administrative Code Chapter 135--Technical Standards and
Corrective Action Requirements for Owners and Operators of Underground
Storage Tanks
Iowa Administrative Code 135.2 except for the farm and
residential tanks of 1100 gallons or less capacity used for storing
motor fuel for noncommercial purposes component of the definition of
underground storages tanks that requires that such tanks installed
in Iowa after July 1, 1987, to be subject to the requirements of 567
Iowa Administrative Code Chapter 135 making them more stringent. All
other definitions corresponding to those listed in 40 CFR 280.12 are
incorporated by reference.
Iowa Administrative Code 135.1(3)(a), 135.1(3)(a)(4).
[[Page 80795]]
Iowa Administrative Code 135.3(1), 135.3(1)(a),
135.3(1)(a)(4)(2), 135.3(1)(b), 135.3(1)(c)(1) through (4),
135.3(1)(d), 135.3(1)(e), 135.3(1)(f)(1) and (4), except for IAC
135.3(1)(f)(2) and (3) language that specifies when under dispenser
containment must be installed depending on what dispensing equipment
is installed or replaced, what connections are made to the
dispensers, and whether or not replaced or new piping is within 10
feet given dispensers making them more stringent.
Iowa Administrative Code 135.3(2)(b), 135.3(2)(c), 135.3(2)(d),
except for IAC 135.3(3)(c) language Iowa requiring that owners must
have tank tags affixed to the fill pipe in order to receive
deliveries of product into the USTs they own making them more
stringent.
Iowa Administrative Code 135.3(3)(d)(1) through (4) except for
IAC 135.3(3)(h) language requiring that a person installing an
underground storage tank and the owner or operator of the
underground storage tank must notify the department of their intent
to install the tank 30 days prior to installation making them more
stringent.
Iowa Administrative Code 135.3(9), 135.3(9)(b)(2).
Iowa Administrative Code 135.4 except for 135.4(6)(a)(2), (3);
IAC 135.4(8)(a)(2); IAC 135.4(8)(b)(1) language that specifies the
codes of practice to be discussed during UST Operator training
making them more stringent.
Iowa Administrative Code 135.4(1), 135.4(1)(b), 135.4(2)(a)
through (d), 135.4(3), 135.4(3)(a), 135.4(4)(a), 135.4(4)(b),
135.4(4)(c)(1) and (3), 135.4(4)(d), 135.4(4)(e), 135.4(4)(f),
135.4(4)(h), 135.4(5)(a)(1) through (6), 135.4(5)(b), 135.4(5)(b)(8)
and (11), 135.4(5)(c) except for IAC 135.4(6)(i) language requiring
that C UST Operator be retrained in 15 days making them more
stringent and except for IAC 135.4(8)(a)(12) language Iowa
specifying what financial responsibility topics must be covered
during Class A UST Operator Training making them more stringent.
Iowa Administrative Code 135.4(12), 135.4(12)(c), 135.4(13),
135.4(13)(e).
Iowa Administrative Code 135.5(1)(a) through (d), 135.5(2),
135.5(3), 135.5(4)(a), 135.5(4)(b), 135.5(4)(c), 135.5(4)(d)(1)
through (3), 135.5(4)(e)(1) through (7), 135.5(4)(f),
135.5(4)(g)(1), 135.5(4)(g)(2), 135.5(4)(h)(1) and (2), 135.5(4)(i),
135.5(5)(a), 135.5(5)(b), 135.5(5)(c), 135.5(5)(d), 135.5(6) except
for IAC 135.5(5)(d) language specifying the types of methods used
for monitoring containment spaces, how often the monitoring is done,
and containment should be kept free of liquid or debris that would
affect the monitoring making them more stringent.
Iowa Administrative Code 135.6(1), 135.6(2), 135.6(3)(a),
135.6(4)(a) and (b).
Iowa Administrative Code 135.7(2), 135.7(3), 135.7(5)(a),
135.7(5)(b), (c), 135.7(5)(d)(1), 135.7(5)(d)(2), 135.7(5)(d)(4)
through (8) except for IAC 135.7(5)(e) language requiring a 60-day
timeframe for implementing and installing free product recovery
system approved by the department making them more stringent:
Iowa Administrative Code 135.13.
Iowa Administrative Code 135.15(1)(a), 135.15(1)(b)(1),
135.15(1)(b)(2), 135.15(1)(b)(3), 135.15(1)(b)(6), 135.15(1)(c)(2),
135.15(1)(c)(3), 135.15(1)(c)(6), 135.15(1)(d) except for IAC
135.15(1)(f) language setting requirements for returning a UST to
service after an extended period of temporary closure making them
more stringent.
Iowa Administrative Code 135.15(2)(b) and (c), 135.15(3)(a) and
(f), 135.15(5) except for IAC 135.15(2)(a) language requiring
department approval for removals undertaken with less than 30 days
of notice making them more stringent.
567 Iowa Administrative Code Chapter 136--Financial Responsibility for
Underground Storage Tanks
Iowa Administrative Code 136.1 except for 136.1(4) requiring
that farm and residential tanks of 1,100 gallons or less capacity
used for storing motor fuel for noncommercial purposes installed in
Iowa after July 1, 1987, be made subject to the requirements of 567
Iowa Administrative Code Chapter 136 making them more stringent.
Iowa Administrative Code 136.3
Iowa Administrative Code 136.4
Iowa Administrative Code 136.5
Iowa Administrative Code 136.6
Iowa Administrative Code 136.7
Iowa Administrative Code 136.8
Iowa Administrative Code 136.9
Iowa Administrative Code 136.10
Iowa Administrative Code 136.11
Iowa Administrative Code 136.12
Iowa Administrative Code 136.13
Iowa Administrative Code 136.14
Iowa Administrative Code 136.15
Iowa Administrative Code 136.16
Iowa Administrative Code 136.17
Iowa Administrative Code 136.18
Iowa Administrative Code 136.19
Iowa Administrative Code 136.20
Iowa Administrative Code 136.21
Iowa Administrative Code 136.22
Iowa Administrative Code 136.23 except for IAC 136.23(3)
language requiring that department receives notice of bankruptcy
within 10 days making them more stringent.
Iowa Administrative Code 136.24
* * * * *
[FR Doc. 2024-22912 Filed 10-3-24; 8:45 am]
BILLING CODE 6560-50-P
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This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.