Rule2025-17521
Minnesota: Final Approval of State Underground Storage Tank Program Revisions, Codification, and Incorporation by Reference
Primary source
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Published
September 11, 2025
Effective
November 10, 2025
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 State of Minnesota's Underground Storage Tank (UST) program submitted by the Minnesota Pollution Control Agency. This action also codifies EPA's approval of Minnesota's state program and incorporates by reference those provisions of Minnesota's statutes and regulations that EPA has 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 90 Issue 174 (Thursday, September 11, 2025)</title>
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[Federal Register Volume 90, Number 174 (Thursday, September 11, 2025)]
[Rules and Regulations]
[Pages 43929-43936]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2025-17521]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 282
[EPA-R05-UST-2023-0631; FRL 12762-02-R5]
Minnesota: 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 State of Minnesota's Underground Storage
Tank (UST) program submitted by the Minnesota Pollution Control Agency.
This action also codifies EPA's approval of Minnesota's state program
and incorporates by reference those provisions of Minnesota's statutes
and regulations that EPA has 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 November 10, 2025, unless EPA receives
adverse comment by October 14, 2025. If EPA receives significant
adverse comments, 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
November 10, 2025, 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#dfadbaacabbeb6b1b0f1b2beadb49fbaafbef1b8b0a9"><span class="__cf_email__" data-cfemail="196b7c6a6d787077763774786b72597c6978377e766f">[email protected]</span></a>.
Instructions: Direct your comments to Docket ID No. EPA-R05-UST-
2023-0631. 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 by email. The Federal <a href="https://www.regulations.gov">https://www.regulations.gov</a> website 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 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, for example, 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>.
FOR FURTHER INFORMATION CONTACT: Mark Restaino, Remediation Branch,
Land, Chemical, and Redevelopment Division, U.S. Environmental
Protection Agency, Region 5, 77 W Jackson Boulevard, Chicago, Illinois
60604; (312) 886-0394; <a href="/cdn-cgi/l/email-protection#93e1f6e0e7f2fafdfcbdfef2e1f8d3f6e3f2bdf4fce5"><span class="__cf_email__" data-cfemail="186a7d6b6c797176773675796a73587d6879367f776e">[email protected]</span></a>. Emily Lane, Office of
Regional Counsel, U.S. Environmental Protection Agency, Region 5, 77 W
Jackson Boulevard, Chicago, Illinois 60604; (312) 353-6344;
<a href="/cdn-cgi/l/email-protection#eb878a858ec58e86828792ab8e9b8ac58c849d"><span class="__cf_email__" data-cfemail="4a262b242f642f272326330a2f3a2b642d253c">[email protected]</span></a>.
SUPPLEMENTARY INFORMATION:
I. Approval of Revisions to Minnesota'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 Minnesota that
have received final UST program approval from EPA under section 9004 of
RCRA must, 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 August 22, 2023, in accordance with 40 CFR 281.51, Minnesota
submitted a complete program revision application seeking EPA approval
for its UST program revisions (State Application) (which was inclusive
of the Minnesota Attorney General's letter to the Regional
Administrator dated April 17, 2023, and received by EPA on April 25,
2023). Minnesota's revisions correspond to EPA's 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 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; a
statement of certification from the Attorney General; and copies of all
relevant State statutes and regulations. EPA has reviewed the State
Application and determined that the revisions to Minnesota's UST
[[Page 43930]]
program are no less stringent than the corresponding Federal
requirements in subpart C of 40 CFR part 281, and that the Minnesota
program provides for adequate enforcement of compliance (40 CFR
281.11(b)). Therefore, EPA grants Minnesota 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 Minnesota 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 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. 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 Minnesota previously been approved?
On November 30, 2001 (66 FR 59713), EPA finalized a rule approving
Minnesota's UST program, effective December 31, 2001, to operate in
lieu of the Federal program. In the rule (66 FR 59713) EPA codified the
approved Minnesota 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 are the changes EPA is approving with this action?
On August 22, 2023, in accordance with 40 CFR 281.51, Minnesota
submitted a complete application for final approval of its UST program
revisions, including Minnesota Rule Chapter 7150, effective June 6,
2019. EPA has reviewed Minnesota'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 Minnesota certified that the laws and regulations of
Minnesota 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
Minnesota in making its determination. EPA now makes an immediate final
decision, subject to receipt of any significant negative written
comments that oppose this action, that Minnesota's UST program
revisions satisfy all the requirements necessary to qualify for final
approval. Therefore, EPA grants Minnesota 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 Minnesota Rules:
Notification. Minn. R. Chapter 7150.
Minn. R. 7150.0030, subp. 1,
2(B), 5, 6, 51.
Minn. R. 7150.0090.
Minn. R. 7150.0205, subp. 1-
5, 7.
Minn. R. 7150.0250, subp. 2,
3.
Minn. R. 7150.0451.
Minnesota Statutes:
Minn. Stat. Chapter 115C.
Minn. Stat. Chapter 115E.
Minn. Stat. Sec. 116.46-
116.49.
Minn. Stat. Sec. 299F.011.
Minn. Stat. Sec. 299F.19.
40 CFR 281.31, Upgrading Existing UST Minnesota Rules:
Systems. Minn. R. 7150.0205, subp.
1(A), 3(A), 5.
Minn. R. 7150.0451.
Minn. R. 7150.0500.
Minnesota Statutes:
Minn. Stat. Chapter 115C.
Minn. Stat. Chapter 115E.
Minn. Stat. Sec. 116.46-
116.49.
Minn. Stat. Sec. 299F.011.
Minn. Stat. Sec. 299F.19.
40 CFR 281.32, General Operating Minnesota Rules:
Requirements. Minn. R. 7150.0100, subp. 9,
11(A).
Minn. R. 7150.0215, subp. 1,
5.
Minn. R. 7150.0216, subp. 1,
2, 4, 5.
Minn. R. 7150.0250, subp. 2,
3.
Minn. R. 7150.0450.
Minnesota Statutes:
Minn. Stat. Sec. 116.49,
subd. 2.
[[Page 43931]]
40 CFR 281.33, Release Detection.......... Minnesota Rules:
Minn. R. 7150.0030, subp.
44c.
Minn. R. 7150.0100, subp. 9.
Minn. R. 7150.0205, subp.
1(C), 3(C).
Minn. R. 7150.0216, subp. 2,
3.
Minn. R. 7150.0300.
Minn. R. 6150.0330.
Minn. R. 7150.0340.
Minn. R. 7150.0451.
Minnesota Statutes:
Minn. Stat. Sec. 116.49.
40 CFR 281.34, Release Reporting, Minnesota Rules:
Investigation, and Confirmation. Minn. R. 7150.0345, subp. 1-
3.
Minnesota Statutes:
Minn. Stat. Sec. 115.061.
Minn. Stat. Sec. 115.071,
subd. 5.
Minn. Stat. Sec. 115B.17,
subd. 2, 14.
Minn. Stat. Sec. 115E.02.
Minn. Stat. Sec. 115E.03.
40 CFR 281.35, Release Response and Minnesota Rules:
Corrective Action. Minn. R. 7045.0275.
Minn. R. 7060.0500.
Minn. R. 7060.0600, subp. 3,
4.
Minn. R. 7060.0800.
Minn. R. 7150.0345.
Minn. R. 7150.0450.
Minnesota Statutes:
Minn. Stat. Sec. 13.7411.
Minn. Stat. Sec. 115.061.
Minn. Stat. Sec. 115.071,
subd. 3, 5.
Minn. Stat. Sec. 115B.17,
subd. 1, 2, 2b, 12-14.
Minn. Stat. Sec. 115C.02,
subd. 1-4.
Minn. Stat. Sec. 115C.03,
subd. 1-3, 5-7, 9, 10.
Minn. Stat. Sec. 115C.05.
Minn. Stat. Chapter 115E.
Minn. Stat. Sec. 116.072.
40 CFR 281.36, Out-of-Service Systems and Minnesota Rules:
Closure. Minn. R. 7150.0250, subp. 4.
Minn. R. 7150.0345, subp. 3.
Minn. R. 7150.0400, subp. 2-
4.
Minn. R. 7150.0410, subp. 2-
7.
Minn. R. 7150.0430.
Minnesota Statutes:
Minn. Stat. Sec. 115C.065.
Minn. Stat. Sec. 116.48,
subd. 2, 8.
40 CFR 281.37, Financial Responsibility Minnesota Rules:
for USTs Containing Petroleum. Minn. R. 7150.0090, subp.
3(B).
Minnesota Statutes:
Minn. Stat. Sec. 115C.03.
Minn. Stat. Sec. 115C.04,
subd. 3.
Minn. Stat. Sec. 115C.09,
subd. 3a.
40 CFR 281.38, Lender Liability........... Minnesota Statutes:
Minn. Stat. Chapter 115C.
40 CFR 281.39, Operator Training.......... Minnesota Rules:
Minn. R. 7150.0445.
49 CFR 281.40, Legal Authorities for Minnesota Statutes:
Compliance Monitoring. Minn. Stat. Sec. 115C.03,
subd. 6, 7.
Minn. Stat. Sec. 115B.17,
subd. 2-4.
Minn. Stat. Sec. 115B.071,
subd. 1, 5.
Minn. Stat. Sec. 116.091,
subd. 3.
40 CFR 281.41, Legal Authorities for Minnesota Statutes:
Enforcement Response. Minn. Stat. Sec. 115.071,
subd. 1-4, 7
Minn. Stat. Sec. 116.072,
subd. 1-6
Minn. Stat. Sec. 115C.03,
subd. 4
Minn. Stat. Sec. 115C.05
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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 Minnesota Pollution Control Agency has broad
statutory and regulatory authority with respect to USTs to regulate
installation, operation, maintenance, closure, and UST releases, and
with respect to the issuance of orders. These statutory authorities are
found in Minnesota Statutes Chapter 116, Pollution Control Agency, and
Chapter 115.07, Enforcement.
[[Page 43932]]
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 statutory and regulatory provisions
are considered ``broader in scope'' than the Federal program:
Minnesota Rules
Minn. R. 7150.0010, Applicability, subp. 2(H), in part as to ``of
1,100 gallons or less capacity.''
Minn. R. 7150.0010, Applicability, subp. 5.
Minn. R. 7150.0030, Definitions, subp. 1, in part as to ``Terms
that are not specifically defined have the meanings given in Minnesota
Statutes, sections 115.01, 115C.02, and 116.46.''
Minn. R. 7150.0030, Definitions, subp. 50a, in part as to ``or
other potentially harmful substance.''
Minn. R. 7150.0030, Definitions, subp. 51(A)(1), in part as to ``or
other potentially harmful substance.''
Minn. R. 7150.0090, Notification and Certification, subp. 2-4, in
part as to ``dispensers.''
Minn. R. 7150.0090, Notification and Certification, subp. 9.
Minn. R. 7150.0216, Operating, Maintaining, and Testing UST
Systems, subp. 1(B).
Minn. R. 7060.0600, Standards, subp. 1, 2, and 5-8.
Minnesota Statutes
Minn. Stat. Sec. 115C.02, Definitions, subd. 10 and 10a.
Minn. Stat. Sec. 116.46, Definitions, subd. 1a, 7a, 7b, and 10.
Minn. Stat. Sec. 116.47(2), Exemptions, in part as to ``of 1,100
gallons or less capacity.''
Minn. Stat. Sec. 116.47(10), Exemptions.
Minn. Stat. Sec. 116.48, Notification Requirements, subd. 1(b), 4.
Minn. Stat. Sec. 116.48, Notification Requirements, subd. 2, 3, 5,
and 6, in part as they apply to aboveground storage tanks.
Minn. Stat. Sec. 116.49, Environmental Protection Requirements,
subd. 3 and 4.
More Stringent Provisions
The following regulatory requirements are considered more stringent
than the Federal program, and on approval, they become part of the
federally approved program and are federally enforceable pursuant to 40
CFR 281.12(a)(3)(i):
Minnesota Rules
Minn. R. 7150.0030, Definitions, subp. 2a, because it defines
``agency-approved tester[s]'' which are not a part of the Federal
program.
Minn. R. 7150.0030, Definitions, subp. 6, because it defines
``cathodic-protection tester[s]'' which are not a part of the Federal
program.
Minn. R. 7150.0090, Notification and Certification, subp. 1,
because it imposes prenotification requirements that do not exist in
the Federal program.
Minn. R. 7150.0090, Notification and Certification, subp. 5,
because it requires records to be submitted to the implementing agency,
where the Federal program only requires records to be readily available
when requested by the implementing agency.
Minn. R. 7150.0100, Performance Standards for UST Systems, subp.
13, because it mandates the use of a double-poppet design where the
Federal program does not.
Minn. R. 7150.0100, Performance Standards for UST Systems, subp.
14, only to the extent that the drop tube requirements are inconsistent
with codes of practice used in the Federal program.
Minn. R. 7150.0205, Design and Construction, subp. 1(B)(2), because
it requires use of corrosion protection on all metal underground
storage tanks where the Federal program does not.
Minn. R. 7150.0205, Design and Construction, subp. 1(B)(2)(b),
because it requires certification where the Federal program does not.
Minn. R. 7150.0205, Design and Construction, subp. 1(B)(2)(c),
because it requires certification where the Federal program does not.
Minn. R. 7150.0215, Operating and Maintaining Corrosion Protection,
subp. 3(B)(1), because it requires annual testing where the Federal
program requires testing once every three years.
Minn. R. 7150.0215, Operating and Maintaining Corrosion Protection,
subp. 3(B)(2), because it requires annual testing where the Federal
program requires testing once every three years.
Minn. R. 7150.0215, Operating and Maintaining Corrosion Protection,
subp. 4(A)(2), because it imposes qualification requirements on the
inspector where the Federal program does not.
Minn. R. 7150.0216, Operating, Maintaining, and Testing UST
Systems, subp. 3(B), because it requires use of an agency-approved
tester where the Federal program does not.
Minn. R. 7150.0216, Operating, Maintaining, and Testing UST
Systems, subp. 4(C), because it requires use of an agency-approved
tester where the Federal program does not.
Minn. R. 7150.0216, Operating, Maintaining, and Testing UST
Systems, subp. 5, because it requires use of an agency-approved tester
where the Federal program does not.
Minn. R. 7150.0216, Operating, Maintaining, and Testing UST
Systems, subp. 6, because it delineates requirements related to agency-
approved testers which are not a part of the Federal program.
Minn. R. 7150.0250, Restoration, Corrective Actions, and Required
Permanent Closure, subp. 1(A)(3), because it requires certification
that the Federal program does not.
Minn. R. 7150.0300, Release Detection, subp. 1(C), as it refers to
the any more stringent performance standards and methods of release
detection elsewhere identified in 7150.0330 and 7150.0340.
Minn. R. 7150.0340, Method of Release Detection for Piping, subp.
2(C), because it only allows the leak-detection system to alert the
operator by shutting of flow, where the Federal program allows alert by
restricting or shutting off flow or by triggering an audible or visual
alarm.
Minn. R. 7150.0400, Temporary Closure, subp. 3(C), because it
requires the tank to be emptied after ninety days where the Federal
program does not.
Minn. R. 7150.0400, Temporary Closure, subp. 5, because it requires
permanent closure after five years where the Federal program does not.
Minn. R. 7150.0410, Permanent Closure and Change in Status to
Storage of Nonregulated Substances, subp. 3(D), because it requires
closure of co-structural retrofitted tanks where the Federal program
does not.
Minn. R. 7150.0445, Class A, B, and C Operator Requirements, subp.
1(B), because it requires the Class A, B, and C operators to be the
owner or operator of the underground storage tank system where the
Federal program does not.
Minnesota Statutes
Minn. Stat. Sec. 115C.03, Response to Releases, subd. 1a, because
it mandates that passive bioremediation ``must be used'' where Federal
rules do not contain the same mandate.
Minn. Stat. Sec. 115C.065, Consultant or Contractor; Duty to
Notify, in entirety, because it imposes duties on consultants and
contractors where the Federal rules only impose these duties on owners
and operators.
Minn. Stat. Sec. 116.48, Notification Requirements, subd. 6-8,
because these impose notice requirements prior to transfer of property
known to contain underground storage tanks and prior to installation or
removal of an
[[Page 43933]]
underground storage tank where the Federal rules do not.
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
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 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 Minnesota's UST program?
EPA incorporated by reference Minnesota's approved UST program at
40 CFR 282.73 effective December 31, 2001 (66 FR 59713, November 30,
2001). In this document, EPA is revising 40 CFR 282.73 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 the federally-approved Minnesota statutes
and regulations pertaining to re-authorization of the Minnesota UST
program as described in sections I.F. and I.G. of this preamble. On
November 30, 2001, EPA approved the initial Minnesota UST program with
an effective date of December 31, 2001, codifying the approved program
on the same date. On July 15, 2015, EPA published revisions to the
original Federal UST regulations, dated September 23, 1988, making
changes to the regulations in accordance with the 2005 Energy Policy
Act. The UST provisions of the Act focused on preventing releases; as a
result, some of the more significant changes to the Federal regulations
included updating UST operator training requirements, requiring
secondary containment and monitoring, setting out new spill and
overfill prevention equipment testing requirements, and requiring
annual testing of leak detection equipment. In response to the 2015
Federal revisions, Minnesota codified state regulations, including
Minnesota Rule Chapter 7150, effective June 6, 2019, to address the
changes made to the Federal program so that the State program would
remain no less stringent than the Federal program. These changes to the
State program are now to be incorporated as set forth below in the
amendments to 40 CFR part 282.
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 FOR FURTHER INFORMATION CONTACT section of this
preamble.
This Federal Register document is intended to codify Minnesota's
approved UST program. The codification reflects the state program that
will be in effect at the time EPA's approved revisions to the Minnesota
UST program addressed in this direct final rule become final. The
document incorporates by reference Minnesota's UST statutes and
regulations and clarifies which of these provisions are included in the
approved and federally-enforceable program. By codifying the approved
Minnesota program and by amending the CFR, the public will more easily
be able to discern the status of the federally-approved requirements of
the Minnesota program.
EPA is incorporating by reference the Minnesota approved UST
program in 40 CFR 282.73. Section 282.73(d)(1)(i) incorporates by
reference for enforcement purposes the State's statutes and
regulations.
Section 282.73 also references the Attorney General's Statement,
Demonstration of Adequate Enforcement Procedures, Program Description,
and 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 Minnesota's codification on enforcement?
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's authorized
analogues to these provisions. Therefore, EPA is not incorporating by
reference such approved Minnesota procedural and enforcement
authorities. Section 282.73(d)(1)(ii) of 40 CFR lists those approved
Minnesota 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 282.73(d)(1)(iii) lists for reference
and clarity the Minnesota 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 Minnesota'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
[[Page 43934]]
State law. Therefore, this action was not subject to a requirement for
Executive Order 12866 review.
B. Executive Order 14192: Unleashing Propensity Through Deregulation
This action is not subject to Executive Order 14192 (90 FR 9065,
February 6, 2025) because this action is exempt from review under
Executive Order 12866 (as described above).
C. 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).
D. 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.
E. 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.
F. 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).
G. 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.
H. 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.
I. 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.
J. National Technology Transfer and Advancement Act (NTTAA)
Under RCRA section 9004(b), EPA grants a State's application for
approval if 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.
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 November 10,
2025 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, State
program approval, Surety bonds, Underground storage tanks, Water
pollution control, Water supply.
Dated: August 26, 2025.
Anne Vogel,
Regional Administrator, Region 5.
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. 282.73 to read as follows:
Sec. 282.73 Minnesota State-Administered Program.
(a) History of the approval of Minnesota's program. The State of
Minnesota 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
Minnesota Pollution Control Agency, was approved by EPA pursuant to 42
U.S.C. 6991c and part 281 of this chapter. EPA approved the Minnesota
program on November 30, 2001, and approval was effective on December
31, 2001. A subsequent program revision application was approved by EPA
and became effective on November 10, 2025.
(b) Enforcement authority. Minnesota 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) Retaining program approval. To retain program approval,
Minnesota must revise its approved program to adopt new changes to the
Federal
[[Page 43935]]
Subtitle I program which make it more stringent, in accordance with
section 9004 of RCRA, 42 U.S.C. 6991c, and 40 CFR part 281, subpart E.
If Minnesota 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. Minnesota has final approval for the
following elements of its program application originally submitted to
EPA and approved on November 30, 2001, and effective December 31, 2001,
and the program revision application approved by EPA, effective on
November 10, 2025:
(1) State statutes and regulations--(i) Incorporation by reference.
The material cited in this paragraph (d)(1)(i), 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.
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 the Minnesota regulations and statutes that are incorporated
by reference in this paragraph from the Minnesota Legislature, Office
of the Revisor of Statutes website at: <a href="https://www.revisor.mn.gov/statutes/">https://www.revisor.mn.gov/statutes/</a> for Statutes and <a href="https://www.revisor.mn.gov/rules/">https://www.revisor.mn.gov/rules/</a> for Rules,
or from the Minnesota Pollution Control Agency, <a href="https://www.pca.state.mn.us/">https://www.pca.state.mn.us/</a>, 520 Lafayette Road N, St. Paul, MN 55155-4194.
(A) EPA-Approved Minnesota Regulatory Requirements Applicable to
the Underground Storage Tank Program, May 2025.
(B) EPA-Approved Minnesota Statutory Requirements Applicable to the
Underground Storage Tank Program, May 2025.
(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.
Minnesota Rules
(A) Minn. R. Civ. P. 24.
(B) Minn. R. 7045.0275, Management of Hazardous Waste Spills.
(C) Minn. R. 7060.0100, Purpose.
(D) Minn. R. 7060.0200, Policy.
(E) Minn. R. 7060.0300, Definitions.
(F) Minn. R. 7060.0400, Uses of Underground Waters.
(G) Minn. R. 7060.0500, Nondegradation Policy.
(H) Minn. R. 7060.0700, Severability.
(I) Minn. R 7060.0900, Variance.
Minnesota Statutes
(J) Minn. Stat. section 115.061, Duty to Notify; Avoiding Water
Pollution.
(K) Minn. Stat. section 115.071, Enforcement.
(L) Minn. Stat. section 115B.17, State Response to Releases.
(M) Minn. Stat. section 115B.18, Failure to Take Requested Actions;
Civil Penalties; Action to Compel Performance; Injunctive Relief, subd.
4.
(N) Minn. Stat. section 115C.01, Citation.
(O) Minn. Stat. section 115C.021, Responsible Person.
(P) Minn. Stat. section 115C.03, Response to Releases, subd. 1, 2-
7, 7a, 8-10.
(Q) Minn. Stat. section 115C.04, Liability for Response Costs.
(R) Minn. Stat. section 115C.045, Kickbacks.
(S) Minn. Stat. section 115C.05, Civil Penalty.
(T) Minn. Stat. section 115C.06, Effect on Other Law.
(U) Minn. Stat. section 115C.07, Petroleum Tank Release
Compensation Board.
(V) Minn. Stat. section 115C.08, Petroleum Tank Fund.
(W) Minn. Stat. section 115C.09, Reimbursement.
(X) Minn. Stat. section 115C.093, Corrective Action; Performance
Audits.
(Y) Minn. Stat. section 115C.094, Abandoned Underground Storage
Tanks.
(Z) Minn. Stat. section 115C.10, Funding Agency Actions.
(AA) Minn. Stat. section 115C.11, Consultants and Contractors;
Sanctions.
(BB) Minn. Stat. section 115C.112, Consultant and Contractor
Sanctions; Actions Based on Conduct Occuring On and After March 14,
1996.
(CC) Minn. Stat. section 115C.113, Orders.
(DD) Minn. Stat. section 115C.12, Appealing Reimbursement
Determination.
(EE) Minn. Stat. chapter 115E.
(FF) Minn. Stat. section 116.072, Administrative Penalties.
(GG) Minn. Stat. section 116.091, Systems and Facilities, subd. 3.
(HH) Minn. Stat. section 116.49, Environmental Protection
Requirements, subd. 1, 1a, 2.
(II) Minn. Stat. section 13.7411, Pollution Control and
Environmental Quality Data Coded Elsewhere.
(JJ) Minn. Stat. section 299F.011, State Fire Code; Administration
and Enforcement.
(KK) Minn. Stat. section 299F.19, Flammable Liquids and Explosives.
(iii) Provisions not incorporated by reference. The following
statutory and regulatory provisions are broader in scope than the
Federal program, are not part of the approved program, and are not
incorporated by reference herein.
Minnesota Rules
(A) Minn. R. 7150.0010, Applicability, subp. 2(H), in part as to
``of 1,100 gallons or less capacity.''
(B) Minn. R. 7150.0010, Applicability, subp. 5.
(C) Minn. R. 7150.0030, Definitions, subp. 1, in part as to ``Terms
that are not specifically defined have the meanings given in Minnesota
Statutes, sections 115.01, 115C.02, and 116.46.''
(D) Minn. R. 7150.0030, Definitions, subp. 50a, in part as to ``or
other potentially harmful substance.''
(E) Minn. R. 7150.0030, Definitions, subp. 51(A)(1), in part as to
``or other potentially harmful substance.''
(F) Minn. R. 7150.0090, Notification and Certification, subp. 2-4,
in part as to ``dispensers.''
(G) Minn. R. 7150.0090, Notification and Certification, subp. 9.
(H) Minn. R. 7150.0216, Operating, Maintaining, and Testing UST
Systems, subp. 1(B).
(I) Minn. R. 7060.0600, Standards, subp. 1, 2, and 5-8.
Minnesota Statutes
(J) Minn. Stat. section 115C.02, Definitions, subd. 10 and 10a.
(K) Minn. Stat. section 116.46, Definitions, subd. 1a, 7a, 7b, and
10.
(L) Minn. Stat. section 116.47(2), Exemptions, in part as to ``of
1,100 gallons or less capacity.''
(M) Minn. Stat. section 116.47(10), Exemptions.
(N) Minn. Stat. section 116.48, Notification Requirements, subd.
1(b) and 4.
(O) Minn. Stat. section 116.48, Notification Requirements, subd. 2,
3, 5, and 6 in part as they apply to aboveground storage tanks.
(P) Minn. Stat. section 116.49, Environmental Protection
Requirements, subd. 3 and 4.
(2) Statement of legal authority. The Attorney General's ``State
Underground Storage Tank Program Authorization'' Letter, signed by the
Minnesota Attorney General on April 17, 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.
[[Page 43936]]
(3) Demonstration of procedures for adequate enforcement. The
``Demonstration of Adequate Enforcement Procedures'' Letter, dated
January 2022 and submitted as part of the program revision application,
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 on
August 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 5 and the State of Minnesota's Minnesota Pollution Control
Agency, signed by the EPA Regional Administrator on December 21, 2018,
though not incorporated by reference, is referenced as part of the
approved underground storage tank program under subtitle I of RCRA, 42
U.S.C. 6991 et seq.
0
3. Appendix A to part 282 is amended by revising the entry for
``Minnesota'' to read as follows:
Appendix A to Part 282--State Requirements Incorporated by Reference in
Part 282 of the Code of Federal Regulations
* * * * *
Minnesota
(a) The statutory provisions include:
(1) Minn. Stat. chapter 155C, Petroleum Tank Release Cleanup
(A) Minn. Stat. section 115C.02, except for subd. 10 and 10a.
(B) Minn. Stat. section 115C.03, subd. 1a.
(C) Minn. Stat. section 115C.065.
(2) Minn. Stat. chapter 116, Pollution Control Agency
(A) Minn. Stat. section 116.46, except for subd. 1a, 7a, 7b, and
10.
(B) Minn. Stat. section 116.47, except for (2), in part as to
``of 1,100 gallons or less capacity,'' and (10).
(C) Minn. Stat. section 116.48, except for subd. 1(b) and 4, in
entirety, and subd. 2, 3, 5, and 6, in part as related to above
ground storage tanks.
(b) The regulatory provisions include:
(1) Minn. R. chapter 7060, Minnesota Pollution Control Agency,
Underground Waters
(A) Minn. R. 7060.0600, subp. 3, 4.
(B) Minn. R. 7060.0800.
(2) Minn. R. chapter 7150, Minnesota Pollution Control Agency,
Underground Storage Tanks; Program
(A) Minn. R. 7150.0010, except for subp. 2(H), in part as to
``of 1,100 gallons or less capacity,'' and 5.
(B) Minn. R. 7150.0030, except for subp. 1, in part as to
``[t]erms that are not specifically defined have the meanings given
in Minnesota Statutes, sections 115.01, 115C.02, and 116.46,'' 50a,
in part as to ``or other potentially harmful substance,'' and
51(A)(1), in part as to ``or other potentially harmful substance.''
(C) Minn. R. 7150.0090, except for subp. 9.
(D) Minn. R. 7150.0100.
(E) Minn. R. 7150.0205.
(F) Minn. R. 7150.0215.
(G) Minn. R. 7150.0216, except for subp. 1(B).
(H) Minn. R. 7150.0250.
(I) Minn. R. 7150.0300.
(J) Minn. R. 7150.0330.
(K) Minn. R. 7150.0340.
(L) Minn. R. 7150.0345.
(M) Minn. R. 7150.0400
(N) Minn. R. 7150.0410.
(O) Minn. R. 7150.0430.
(P) Minn. R. 7150.0445.
(Q) Minn. R. 7150.0450.
(R) Minn. R. 7150.0451.
(S) Minn. R. 7150.0500.
* * * * *
[FR Doc. 2025-17521 Filed 9-10-25; 8:45 am]
BILLING CODE 6560-50-P
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</html>Indexed from Federal Register on September 11, 2025.
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.