3354 Federal Register / Vol. 89, No. 12 / Thursday, January 18, 2024 / Rules and Regulations 

Office of Foreign Assets Control 

Venezuela Sanctions Regulations 31 CFR 

Part 591 

General License No. 45A 

Authorizing Certain Transactions Involving 

Consorcio Venezolano de Industrias 

Aerona ́uticas y Servicios Ae ́reos, S.A. 

(a) Except as provided in paragraph (d) of 

this general license, all transactions 

ordinarily incident and necessary to the 

repatriation of Venezuelan nationals from 

non-U.S. jurisdictions in the Western 

Hemisphere to Venezuela, and which are 

exclusively for the purposes of such 

repatriation, involving Consorcio Venezolano 

de Industrias Aerona ́uticas y Servicios 

Ae ́reos, S.A. (Conviasa), or any entity in 

which Conviasa owns, directly or indirectly, 

a 50 percent or greater interest, that are 

prohibited by Executive Order (E.O.) 13850, 

as amended by E.O. 13857, or E.O. 13884, 

each as incorporated into the Venezuela 

Sanctions Regulations, 31 CFR part 591 (the 

VSR), are authorized. 

(b) Except as provided in paragraph (d) of 

this general license, all transactions 

ordinarily incident and necessary to the 

general maintenance (including repair) of the 

blocked aircraft listed in the Annex to this 

general license that are prohibited by E.O. 

13850, as amended by E.O. 13857, or E.O. 

13884, each as incorporated into the VSR, are 

authorized. 

(c) Except as provided in paragraph (d) of 

this general license, all transactions 

ordinarily incident and necessary to noncommercial (i.e., not-for-profit) flights 

between non-U.S. jurisdictions in the 

Western Hemisphere and Venezuela of the 

blocked aircraft listed in the Annex to this 

general license that are prohibited by E.O. 

13850, as amended by E.O. 13857, or E.O. 

13884, each as incorporated into the VSR, are 

authorized. 

(d) This general license does not authorize 

any transactions otherwise prohibited by the 

VSR, including any transactions involving 

any person blocked pursuant to the VSR 

other than the blocked persons or blocked 

aircraft described in paragraphs (a), (b) and 

(c) of this general license, Government of 

Venezuela persons blocked solely pursuant 

to E.O. 13884, Banco Central de Venezuela, 

or Banco de Venezuela SA Banco Universal. 

(e) Effective November 16, 2023, General 

License No. 45, dated October 18, 2023, is 

replaced and superseded in its entirety by 

this General License No. 45A. 

Note to General License 45A. Nothing in 

this general license relieves any person from 

compliance with any other Federal laws or 

requirements of other Federal agencies, 

including export, reexport, and transfer (incountry) licensing requirements maintained 

by the Department of Commerce’s Bureau of 

Industry and Security under the Export 

Administration Regulations, 15 CFR parts 

730–774. 

Bradley T. Smith, 

Director, Office of Foreign Assets Control. 

Dated: November 16, 2023. 

Annex—Blocked Aircraft Described in 

Paragraph (b) of General License 45A 

List of blocked aircraft described in 

paragraph (b) of General License 45A: 

(a) Aircraft Type: ERJ 190; Model: ERJ 190– 

100 IGW; Registration: YV 2849 

(b) Aircraft Type: ERJ 190; Model: ERJ 190– 

100 IGW; Registration: YV 2850 

(c) Aircraft Type: ERJ 190; Model: ERJ 190– 

100 IGW; Registration: YV 2851 

(d) Aircraft Type: ERJ 190; Model: ERJ 190– 

100 IGW; Registration: YV 2911 

(e) Aircraft Type: ERJ 190; Model: ERJ 190– 

100 IGW; Registration: YV 2912 

(f) Aircraft Type: ERJ 190; Model: ERJ 190– 

100 IGW; Registration: YV 2913 

(g) Aircraft Type: ERJ 190; Model: ERJ 190– 

100 IGW; Registration: YV 2943 

(h) Aircraft Type: ERJ 190; Model: ERJ 190– 

100 IGW; Registration: YV 2944 

(i) Aircraft Type: ERJ 190; Model: ERJ 190– 

100 IGW; Registration: YV 2953 

(j) Aircraft Type: ERJ 190; Model: ERJ 190– 

100 IGW; Registration: YV 2954 

(k) Aircraft Type: ERJ 190; Model: ERJ 190– 

100 IGW; Registration: YV 2964 

(l) Aircraft Type: ERJ 190; Model: ERJ 190– 

100 IGW; Registration: YV 2965 

(m) Aircraft Type: ERJ 190; Model: ERJ 190– 

100 IGW; Registration: YV 2966 

(n) Aircraft Type: ERJ 190; Model: ERJ 190– 

100 IGW; Registration: YV 3052 

(o) Aircraft Type: ERJ 190; Model: ERJ 190– 

100 IGW; Registration: YV 3071 

(p) Aircraft Type: Lineage 1000; Model: ERJ 

190–100 ECJ; Registration: YV 3016 

Bradley T. Smith, 

Director, Office of Foreign Assets Control. 

[FR Doc. 2024–00879 Filed 1–17–24; 8:45 am] 

BILLING CODE 4810–AL–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Parts 281 and 282 

[EPA–R04–UST–2023–0410; FRL–11400– 

02–R4] 

Mississippi: Final Approval of State 

Underground Storage Tank Program 

Revisions, Codification, and 

Incorporation by Reference 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Direct final rule. 

SUMMARY: The State of Mississippi 

(Mississippi or State) has applied to the 

Environmental Protection Agency (EPA) 

for final approval of revisions to its 

Underground Storage Tank Program 

(UST Program) under subtitle I of the 

Resource Conservation and Recovery 

Act (RCRA). Pursuant to RCRA, the EPA 

is taking direct final action, subject to 

public comment, to approve revisions to 

the UST Program. The EPA has 

reviewed Mississippi’s revisions and 

has determined that these revisions 

satisfy all requirements needed for 

approval. In addition, this action also 

codifies the EPA’s approval of 

Mississippi’s revised UST Program and 

incorporates by reference those 

provisions of the State statutes and 

regulations that the EPA has determined 

meet the requirements for approval. 

DATES: This rule is effective March 18, 

2024, unless the EPA receives adverse 

comment by February 20, 2024. If the 

EPA receives adverse comment, 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 March 18, 2024. 

ADDRESSES: Submit your comments by 

one of the following methods: 

• Federal eRulemaking Portal: 

https://www.regulations.gov (our 

preferred method). Follow the online 

instructions for submitting comments. 

• Email: giri.upendra@epa.gov. 

Include the Docket ID No. EPA–R04– 

UST–2023–0410 in the subject line of 

the message. 

Instructions: Submit your comments, 

identified by Docket ID No. EPA–R04– 

UST–2023–0410, via the Federal 

eRulemaking Portal at https://

www.regulations.gov. Follow the online 

instructions for submitting comments. 

Once submitted, comments cannot be 

edited or removed from https://

www.regulations.gov. The EPA may 

publish any comment received to its 

public docket. Do not submit 

electronically any information you 

consider to be Confidential Business 

Information (CBI) or other information 

whose disclosure is restricted by statute. 

Multimedia submissions (audio, video, 

etc.) must be accompanied by a written 

comment. The written comment is 

considered the official comment and 

should include discussion of all points 

you wish to make. The EPA will 

generally not consider comments or 

comment contents located outside of the 

primary submission (i.e., on the web, 

cloud, or other file sharing system). For 

additional submission methods, the full 

EPA public comment policy, 

information about CBI or multimedia 

submissions, and general guidance on 

making effective comments, please visit: 

https://www.epa.gov/dockets/ 

commenting-epa-dockets. 

The EPA encourages electronic 

comment submittals, but if you are 

unable to submit electronically or need 

other assistance, please contact Upendra 

Giri, the contact listed in the FOR

FURTHER INFORMATION CONTACT provision 

below. The index to the docket for this 


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action and all documents that form the 

basis of this action and associated 

publicly available docket materials are 

available electronically in https://

www.regulations.gov. The EPA 

encourages electronic reviewing of these 

documents, but if you are unable to 

review these documents electronically, 

please contact Upendra Giri for 

alternative access to docket materials. 

Please also contact Upendra Giri if 

you need assistance in a language other 

than English or if you are a person with 

disabilities who needs a reasonable 

accommodation at no cost to you. For 

further information on EPA Docket 

Center services please visit us online at 

https://www.epa.gov/dockets. 

FOR FURTHER INFORMATION CONTACT: 

Upendra Giri, RCRA Programs and 

Cleanup Branch, Land, Chemicals, and 

Redevelopment Division, U.S. 

Environmental Protection Agency, 

Region 4, Atlanta Federal Center, 61 

Forsyth Street SW, Atlanta, Georgia 

30303–8960; Phone number: (404) 562– 

8185; email address: giri.upendra@

epa.gov. Please contact Upendra Giri by 

phone or email for further information. 

SUPPLEMENTARY INFORMATION: 

I. Approval of Revisions to 

Mississippi’s Underground Storage 

Tank Program 

A. Why are revisions to state UST 

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 a UST program that is no 

less stringent than the Federal program. 

When the EPA revises 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. Most commonly, states must 

change their programs because of 

changes to the EPA’s regulations in title 

40 of the Code of Federal Regulations 

(CFR) part 280. States can also initiate 

changes on their own to their UST 

programs and these changes must then 

be approved by the EPA. 

B. What decision has the EPA made in 

this rule? 

In accordance with 40 CFR 281.51(a), 

Mississippi submitted a complete 

program revision application (State 

Application) seeking approval of 

changes to its UST Program. The State 

Application was submitted on July 31, 

2023 and amended on August 17, 2023. 

The program revisions described in the 

State Application correspond to the EPA 

final rule published on July 15, 2015 (80 

FR 41566), which revised the 1988 UST 

regulations and the 1988 state program 

approval (SPA) regulations (2015 

Federal Revisions). As required by 40 

CFR 281.20, the State Application 

contains the following: a transmittal 

letter from the Governor requesting 

approval; a description of the UST 

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; an 

Attorney General’s Statement; and 

copies of all relevant State statutes and 

regulations. The EPA has reviewed the 

State Application and has determined 

that the revisions to Mississippi’s UST 

Program are no less stringent than the 

corresponding Federal requirements in 

subpart C of 40 CFR part 281, and that 

the Mississippi UST Program continues 

to provide adequate enforcement of 

compliance. Therefore, the EPA grants 

Mississippi final approval to operate its 

UST Program with the revisions 

described in the State Application, and 

as outlined below. The Mississippi 

Department of Environmental Quality 

(MDEQ) is the lead implementing 

agency for the UST Program in 

Mississippi, except in Indian country as 

noted below in Section I.I. 

C. What is the effect of this approval on 

the regulated community? 

Section 9004(b) of RCRA, 42 U.S.C. 

6991c(b), as amended, allows the EPA to 

approve state UST programs to operate 

in lieu of the Federal program. With this 

approval, the changes described in the 

State Application will become part of 

the approved State UST Program, and 

therefore will be federally enforceable. 

Mississippi will continue to have 

primary enforcement authority and 

responsibility for its State UST Program. 

This action does not impose additional 

requirements on the regulated 

community because the regulations 

being approved by this rule are already 

in effect in the State of Mississippi, and 

are not changed by this action. This 

action merely approves the existing 

State regulations as being no less 

stringent than the 2015 Federal 

Revisions and rendering them federally 

enforceable. 

D. Why is the EPA using a direct final 

rule? 

The EPA is publishing this direct final 

rule without a prior proposed rule 

because we view this as a 

noncontroversial action and we 

anticipate no adverse comment. 

Mississippi addressed all comments it 

received during its comment period 

when the rules and regulations being 

considered in this document were 

proposed at the State level. 

E. What happens if the EPA receives 

comments that oppose this action? 

Along with this direct final rule, the 

EPA is simultaneously publishing a 

separate document in the ‘‘Proposed 

Rules’’ section of this Federal Register 

that serves as the proposal to approve 

the State’s UST Program revisions and 

provides an opportunity for public 

comment. If the EPA receives comments 

that oppose this approval, the EPA will 

withdraw this direct final rule by 

publishing a document in the Federal 

Register before it becomes effective. The 

EPA will make any further decision on 

approval of the State Application after 

considering all comments received 

during the comment period. The 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 Mississippi previously 

been approved? 

On October 2, 1989, Mississippi 

submitted a complete State program 

approval application seeking approval 

of its UST Program under subtitle I of 

RCRA. Effective July 11, 1990, the EPA 

granted final approval for Mississippi to 

administer its UST Program in lieu of 

the Federal UST program (55 FR 23549, 

June 11, 1990). Effective July 22, 1997, 

the EPA incorporated by reference and 

codified the federally approved 

Mississippi UST Program (62 FR 28364, 

May 23, 1997). As a result of the EPA’s 

approval, these provisions became 

subject to the EPA’s corrective action, 

inspection, and enforcement authorities 

under RCRA sections 9003(h), 9005, and 

9006, 42 U.S.C. 6991b(h), 6991d, and 

6991e, and other applicable statutory 

and regulatory provisions. 

G. What changes is the EPA approving 

with this action and what standards do 

we use for review? 

In order to be approved, each state 

program revision application must meet 

the general requirements in 40 CFR 

281.11 (General Requirements), and the 

specific requirements in 40 CFR part 

281, subpart B (Components of a 

Program Application), subpart C 

(Criteria for No Less Stringent), and 

subpart D (Adequate Enforcement of 

Compliance). 

As more fully described below, the 

State has made changes to its UST 

Program to reflect the 2015 Federal 

Revisions. These changes are included 

in Mississippi’s UST Rules at 11 Miss. 

Admin. Code Pt. 5, Ch. 2, effective 


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October 5, 2018. The EPA is approving 

the State’s changes because they are no 

less stringent than the Federal UST 

program, and because the revised 

Mississippi UST Program will continue 

to provide for adequate enforcement of 

compliance as required by 40 CFR 

281.11(b) and part 281, subparts C and 

D, after this approval. 

MDEQ continues to be the lead 

implementing agency for the UST 

Program in Mississippi. MDEQ has 

broad statutory and regulatory authority 

to regulate the installation, operation, 

maintenance, and closure of USTs, as 

well as UST releases, under the 

Mississippi Underground Storage Tank 

Act (the UST Act) of 1988, Miss. Code 

Ann. sections 49–17–401 to 49–17–435 

(2022), and the Mississippi UST Rules 

at 11 Miss. Admin. Code Pt. 5, Ch. 2 

(2018). 

The following State authorities 

provide authority for compliance 

monitoring as required pursuant to 40 

CFR 281.40: Miss. Code Ann. sections 

49–17–31, 49–17–35, 49–17–39, 49–17– 

409, 49–17–413(1), 49–17–415, and 49– 

17–427; and 11 Miss. Admin. Code Pt. 

5, Ch 2, Rule 2.3, section 280.35. 

The following State authorities 

provide authority for enforcement 

response as required pursuant to 40 CFR 

281.41: Miss. Code Ann. sections 49– 

17–27, 49–17–31, 49–17–33, 49–17–35, 

49–17–37, 49–17–41, 49–17–419, 49– 

17–427; and 11 Miss. Admin. Code Pt. 

5, Ch 2, Rule 2.3, section 280.36. 

The following State authorities 

provide authority for enabling public 

participation in the State enforcement 

process, including citizen intervention 

and filing of complaints, required 

pursuant to 40 CFR 281.42: Rule 24(a)(2) 

of the Mississippi Rules of Civil 

Procedure; Miss. Code Ann. sections 

49–17–35, 49–17–41, and 49–17–431; 

and 11 Miss. Admin. Code Pt. 5, Ch 2, 

Rule 2.6, section 280.67. Further, 

through a Memorandum of Agreement 

between MDEQ and the EPA, effective 

October 12, 2018, the State maintains 

procedures for receiving and ensuring 

proper consideration of information 

about violations submitted by the 

public, and MDEQ will not oppose 

citizen intervention when permissive 

intervention is allowed by statute, rule, 

or regulation. The following State 

authorities provide authority for 

enabling the sharing of information in 

the State files obtained or used in the 

administration of the State UST Program 

with the EPA as required by 40 CFR 

281.43: Miss. Code Ann. sections 49– 

17–39 and 49–17–425. Further, through 

a Memorandum of Agreement between 

MDEQ and the EPA, effective October 

12, 2018, the State agrees to furnish the 

EPA, upon request, any information in 

State files obtained or used in the 

administration of the State UST 

Program. 

To qualify for final approval, 

revisions to a state’s UST program must 

be no less stringent than the 2015 

Federal Revisions. In the 2015 Federal 

Revisions, the EPA addressed UST 

systems deferred in the 1988 UST 

regulations, and added, among other 

things: new operation and maintenance 

requirements; secondary containment 

requirements for new and replaced 

tanks and piping; operator training 

requirements; and a requirement to 

ensure UST system compatibility before 

storing certain biofuel blends. In 

addition, the EPA removed past 

deferrals for emergency generator tanks, 

field constructed tanks, and airport 

hydrant systems. Mississippi adopted 

all of the required 2015 Federal 

Revisions at 11 Miss. Admin. Code Pt. 

5, Ch. 2 (2018). 

As part of the State Application, the 

Mississippi Attorney General has 

certified that the State regulations 

provide for adequate enforcement of 

compliance and meet the no less 

stringent criteria in 40 CFR part 281, 

subparts C and D. The EPA is relying on 

this certification, in addition to the 

analysis submitted by the State, in 

approving the State’s changes. 

H. Where are the revised State rules 

different from the Federal rules? 

States may enact laws that are more 

stringent than their Federal 

counterparts. See RCRA section 9008, 

42 U.S.C. 6991g. When an approved 

state program includes requirements 

that are considered more stringent than 

those required by Federal law, the more 

stringent requirements become part of 

the federally approved program in 

accordance with 40 CFR 281.12(a)(3)(i). 

The EPA has determined that some of 

Mississippi’s regulations are considered 

more stringent than the Federal 

program, and upon approval, they will 

become part of the federally approved 

State UST Program and therefore 

federally enforceable. 

In addition, states may enact laws 

which are broader in scope than their 

Federal counterparts in accordance with 

40 CFR 281.12(a)(3)(ii). State 

requirements that go beyond the scope 

of the Federal program are not part of 

the federally approved program and the 

EPA cannot enforce them. Although 

these requirements are enforceable by 

the State in accordance with Mississippi 

law, they are not Federal RCRA 

requirements. The EPA considers the 

following State requirements to be 

broader in scope than the Federal 

program and therefore not part of the 

federally approved State UST Program: 

Statutory Broader in Scope Provisions 

(i) Miss. Code. Ann. section 49–17– 

403(b), as to the definition of ‘‘Bonded 

distributor,’’ insofar as it is associated 

with the regulation of entities other than 

owners and operators as these terms are 

defined in 40 CFR 280.12. 

(ii) Miss. Code. Ann. section 49–17– 

403(o), as to the definition of ‘‘Response 

action contractor,’’ insofar as it is 

associated with the regulation of entities 

other than owners and operators as 

these terms are defined in 40 CFR 

280.12. 

(iii) Miss. Code. Ann. section 49–17– 

403(p), as to the definition of ‘‘Retailer,’’ 

insofar as it is associated with the 

regulation of entities other than owners 

and operators as these terms are defined 

in 40 CFR 280.12. 

(iv) Miss. Code. Ann. section 49–17– 

403(q), as to the definition of 

‘‘Substantial compliance,’’ insofar as it 

relates to a state fund. 

(v) Miss. Code. Ann. section 49–17– 

405, insofar as it provides for the 

creation of the Mississippi Groundwater 

Protection Trust Fund (State Fund), 

promulgation of regulations regarding 

the State Fund, criteria for qualified 

expenditure of funds, and liability of 

owners for fund expenditures. 

(vi) Miss. Code. Ann. section 49–17– 

407, insofar as it creates an 

environmental protection fee, provides 

limits on use of the State Fund, and 

addresses third party claims. 

(vii) Miss. Code. Ann. section 49–17– 

409, all except for the first sentence, 

insofar as these provisions provide for 

the eligibility requirements of the State 

Fund and reimbursement of costs from 

owners. 

(xiii) Miss. Code. Ann. section 49–17– 

421, insofar as it establishes an annual 

tank regulatory fee. 

(ix) Miss. Code. Ann. section 49–17– 

422, insofar as it creates an 

Underground Storage Tank Advisory 

Council. 

(x) Miss. Code. Ann. section 49–17– 

423, insofar as it pertains to the 

commission’s administration of funds 

from the Leaking Underground Storage 

Tank Trust Fund. 

(xi) Miss. Code. Ann. section 49–17– 

429, insofar as it requires the 

certification of individuals to install, 

alter, or remove underground storage 

tanks and provides for the promulgation 

of regulations setting forth certification 

requirements. 

Regulatory Broader in Scope Provisions 

(i) 11 Miss. Admin. Code Pt. 5, Ch. 1 

(2009), insofar as these provisions 


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regulate Immediate Response Action 

Contractors, Environmental Response 

Action Contractors, and the State Fund. 

(ii) 11 Miss. Admin. Code Pt. 5, Ch. 

2, R. 2.1, section 280.12, as to the 

definition of ‘‘Ancillary equipment,’’ 

insofar as it pertains to dispensers. 

(iii) 11 Miss. Admin. Code Pt. 5, Ch. 

2, R. 2.1, section 280.12, as to the 

definition of ‘‘Certificate of Operation,’’ 

insofar as it requires UST systems to be 

permitted by MDEQ and the payment of 

tank regulatory fees. 

(iv) 11 Miss. Admin. Code Pt. 5, Ch. 

2, R. 2.1, section 280.12, as to the 

definition of ‘‘Motor fuel,’’ insofar as it 

includes 100% biodiesel or ethanol. 

(v) 11 Miss. Admin. Code Pt. 5, Ch. 

2, R. 2.1, section 280.12, as to the 

definition of ‘‘New tank system,’’ insofar 

as it includes dispensers as part of the 

new tank system. 

(vi) 11 Miss. Admin. Code Pt. 5, Ch. 

2, R. 2.1, section 280.12, as to the 

definition of ‘‘Register,’’ insofar as it 

requires notification for installation, 

replacement, or change in the 

operational status of a dispenser. 

(vii) 11 Miss. Admin. Code Pt. 5, Ch. 

2, R. 2.1, section 280.12, as to the 

definition of ‘‘Replace,’’ insofar as it 

considers replacement of a dispenser to 

constitute a new UST system. 

(viii) 11 Miss. Admin. Code Pt. 5, Ch. 

2, R. 2.2, section 280.20(j), insofar as it 

regulates shear valves. 

(ix) 11 Miss. Admin. Code Pt. 5, Ch. 

2, R. 2.2, sections 280.22(a) and (b), 

insofar as these provisions regulate 

dispensers. 

(x) 11 Miss. Admin. Code Pt. 5, Ch. 

2, R. 2.3, sections 280.34(g) through (i), 

insofar as these provisions regulate 

dispensers. 

(xi) 11 Miss. Admin. Code Pt. 5, Ch. 

2, R. 2.3, section 280.35(a)(4), insofar as 

it regulates dispensers. 

(xii) 11 Miss. Admin. Code Pt. 5, Ch. 

2, R. 2.3, section 280.35(b)(1), insofar as 

it regulates shear valves. 

(xiii) 11 Miss. Admin. Code Pt. 5, Ch. 

2, R. 2.3, section 280.38(b)(1)(iii), 

insofar as it regulates shear valves. 

(xiv) 11 Miss. Admin. Code Pt. 5, Ch. 

3, insofar as these provisions provide for 

the certification and regulation of 

persons who install, alter, test, and 

permanently close underground storage 

tanks. 

I. How does this action affect Indian 

country (18 U.S.C. 1151) in Mississippi? 

The EPA’s approval of Mississippi’s 

UST Program does not extend to Indian 

country as defined in 18 U.S.C. 1151. 

The EPA will retain responsibility 

under RCRA for underground storage 

tanks in Indian country. Therefore, this 

action has no effect in Indian country. 

See 40 CFR 281.12(a)(2). 

II. Codification 

A. What is codification? 

Codification is the process of placing 

citations and references to a state’s 

statutes and regulations that comprise a 

state’s approved UST program into the 

CFR. The EPA codifies its approval of 

state programs in 40 CFR part 282 and 

incorporates by reference state statutes 

and regulations that the EPA can 

enforce, after the approval is final, 

under sections 9005 and 9006 of RCRA, 

and any other applicable statutory 

provisions. The incorporation by 

reference of EPA-approved state 

programs in the CFR should 

substantially enhance the public’s 

ability to discern the status of the 

approved state UST programs 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 

Mississippi’s UST Program? 

In 1997, the EPA incorporated by 

reference and codified Mississippi’s 

approved UST Program at 40 CFR 

282.74 (62 FR 28364, May 23, 1997). 

Through this action, the EPA is 

amending 40 CFR 282.74 to incorporate 

by reference and codify Mississippi’s 

revised UST Program. 

C. What codification decisions is the 

EPA making in this rule? 

In this rule, the EPA is finalizing 

regulatory text that incorporates by 

reference the federally approved 

Mississippi UST Program, including the 

revisions made to the UST Program 

based on the 2015 Federal Revisions. In 

accordance with the requirements of 1 

CFR 51.5, the EPA is incorporating by 

reference Mississippi’s statutes and 

regulations as described in the 

amendments to 40 CFR part 282 set 

forth below. These documents are 

available through https://

www.regulations.gov. This codification 

reflects the State UST Program that will 

be in effect at the time the EPA’s 

approval of the revisions to the 

Mississippi UST Program addressed in 

this direct final rule becomes final. If, 

however, the EPA receives substantive 

comment on the proposed rule, the EPA 

will withdraw this direct final rule and 

this codification will not take effect. The 

EPA will consider all comments and 

will make a decision on program 

approval and codification in a future 

final rule. By codifying the approved 

Mississippi UST Program and by 

amending the CFR, the public will more 

easily be able to discern the status of the 

federally-approved requirements of the 

Mississippi UST Program. 

Specifically, in 40 CFR 282.74(d)(1)(i), 

the EPA is incorporating by reference 

the EPA-approved Mississippi UST 

Program. Section 282.74(d)(1)(ii) 

identifies the State’s statutes and 

regulations that are part of the approved 

State UST Program, although not 

incorporated by reference for 

enforcement purposes, unless they 

impose obligations on the regulated 

entity. Section 282.74(d)(1)(iii) 

identifies the State’s statutory and 

regulatory provisions that are broader in 

scope, external, or excluded for other 

reasons from the State’s approved UST 

Program and therefore not incorporated 

by reference. Sections 282.74(d)(2) 

through (5) reference the Attorney 

General’s Statement, Demonstration of 

Adequate Enforcement Procedures, 

Program Description, and Memorandum 

of Agreement, which are part of the 

State Application and part of the State 

UST Program under subtitle I of RCRA. 

D. What is the effect of the EPA’s 

codification of the federally approved 

Mississippi UST Program on 

enforcement? 

The EPA retains the authority under 

sections 9003(h), 9005, and 9006 of 

subtitle I of RCRA, 42 U.S.C. 6991b(h), 

6991d, and 6991e, and other applicable 

statutory and regulatory provisions, to 

undertake corrective action, inspections, 

and enforcement actions, and to issue 

orders in approved States. If the EPA 

determines it will take such actions in 

Mississippi, the EPA will rely on 

Federal sanctions, Federal inspection 

authorities, and other Federal 

procedures rather than the State 

analogs. Therefore, the EPA is not 

incorporating by reference Mississippi’s 

procedural and enforcement authorities, 

although they are listed in 40 CFR 

282.74(d)(1)(ii). 

E. What State provisions are not part of 

the codification? 

As discussed in section I.H. above, 

some provisions of the State’s UST 

Program are not part of the federally 

approved State UST Program because 

they are broader in scope than the 

Federal UST Program. Where an 

approved State program has provisions 

that are broader in scope than the 

Federal program, those provisions are 

not a part of the federally approved 

program. As a result, State provisions 

which are broader in scope than the 

Federal program are not incorporated by 

reference for purposes of enforcement in 

part 282. See 40 CFR 281.12(a)(3)(ii). In 


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addition, provisions that are external to 

the State UST program approval 

requirements, but included in the State 

Application, are also being excluded 

from incorporation by reference in 40 

CFR part 282. In addition, some 

provisions are being excluded from 

incorporation by reference in 40 CFR 

part 282 for other reasons. For reference 

and clarity, 40 CFR 282.74(d)(1)(iii) lists 

the Mississippi statutory and regulatory 

provisions which are broader in scope 

than the Federal program, external to 

State UST program approval 

requirements, or being excluded for 

other reasons. These provisions are, 

therefore, not part of the approved UST 

Program that the EPA is codifying. 

Although these provisions cannot be 

enforced by the EPA, the State will 

continue to implement and enforce such 

provisions under State law. 

III. Statutory and Executive Order 

(E.O.) Reviews 

The EPA’s actions merely approve 

and codify Mississippi’s revised UST 

Program requirements pursuant to 

RCRA section 9004, and do not impose 

additional requirements other than 

those imposed by State law. For that 

reason, these actions: 

• Are not significant regulatory 

actions subject to review by the Office 

of Management and Budget under 

Executive Orders 12866 (58 FR 51735, 

October 4, 1993) and 14094 (88 FR 

21879, April 11, 2023); 

• Do not impose an information 

collection burden under the provisions 

of the Paperwork Reduction Act (44 

U.S.C. 3501 et seq.); 

• Are certified as not having a 

significant economic impact on a 

substantial number of small entities 

under the Regulatory Flexibility Act (5 

U.S.C. 601 et seq.); 

• Do not contain any unfunded 

mandate or significantly or uniquely 

affect small governments, as described 

in the Unfunded Mandates Reform Act 

of 1995 (Pub. L. 104–4); 

• Do not have federalism implications 

as specified in Executive Order 13132 

(64 FR 43255, August 10, 1999); 

• Are not economically significant 

regulatory actions based on health or 

safety risks subject to Executive Order 

13045 (62 FR 19885, April 23, 1997); 

• Are not significant regulatory 

actions subject to Executive Order 

13211 (66 FR 28355, May 22, 2001); 

• Are not subject to the requirements 

of section 12(d) of the National 

Technology Transfer and Advancement 

Act of 1995 (15 U.S.C. 272 note) because 

application of those requirements would 

be inconsistent with RCRA; 

• Do not provide the EPA with the 

discretionary authority to address, as 

appropriate, disproportionate human 

health or environmental effects, using 

practicable and legally permissible 

methods, under Executive Order 12898 

(59 FR 7629, February 16, 1994); and 

• Do not apply on any Indian 

reservation land or in any other area 

where the EPA or an Indian tribe has 

demonstrated that a tribe has 

jurisdiction. The rule does not have 

Tribal implications as specified by 

Executive Order 13175 (65 FR 67249, 

November 9, 2000), nor will it impose 

substantial direct costs on Tribal 

governments or preempt Tribal law. 

The Congressional Review Act, 5 

U.S.C. 801 et seq., as added by the Small 

Business Regulatory Enforcement 

Fairness Act of 1996, generally provides 

that before a rule may take effect, the 

agency promulgating the rule must 

submit a rule report, which includes a 

copy of the rule, to each House of the 

Congress and to the Comptroller General 

of the United States. The EPA will 

submit a report containing this 

document and other required 

information to the U.S. Senate, the U.S. 

House of Representatives, and the 

Comptroller General of the United 

States prior to publication in the 

Federal Register. A major rule cannot 

take effect until 60 days after it is 

published in the Federal Register. This 

action is not a ‘‘major rule’’ as defined 

by 5 U.S.C. 804(2). This final action will 

be effective March 18, 2024. 

List of Subjects in 40 CFR Parts 281 and 

282 

Environmental protection, 

Administrative practice and procedure, 

Hazardous substances, Incorporation by 

reference, Indian country, Petroleum, 

Reporting and recordkeeping 

requirements, State program approval, 

Underground storage tanks. 

Authority: This action is issued under the 

authority of sections 2002(a), 7004(b), 9004, 

9005, and 9006 of the Solid Waste Disposal 

Act, as amended, 42 U.S.C. 6912(a), 6974(b), 

6991c, 6991d, and 6991e. 

Dated: December 21, 2023. 

Jeaneanne M Gettle, 

Acting Regional Administrator, Region 4. 

For the reasons set forth in the 

preamble, the EPA is amending 40 CFR 

part 282 as follows: 

PART 282—APPROVED 

UNDERGROUND STORAGE TANK 

PROGRAMS 

■ 1. The authority citation for part 282 

continues to read as follows: 

Authority: 42 U.S.C. 6912, 6991c, 6991d, 

and 6991e. 

■ 2. Amend § 282.2 by revising 

paragraph (b)(4) as follows: 

§ 282.2 Incorporation by reference. 

* * * * * 

(b)(4) Region 4 (Alabama, Florida, 

Georgia, Kentucky, Mississippi, North 

Carolina, South Carolina, Tennessee): 61 

Forsyth Street SW, Atlanta, Georgia 

30303–8960; Phone Number: (404) 562– 

9900. 

* * * * * 

■ 3. Revise § 282.74 to read as follows: 

§ 282.74 Mississippi State-Administered 

Program. 

(a) History of the approval of 

Mississippi’s program. The State of 

Mississippi (Mississippi or State) is 

approved to administer and enforce an 

underground storage tank (UST) 

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 Underground Storage 

Tank Program (UST Program), as 

administered by the Mississippi 

Department of Environmental Quality 

(MDEQ), was approved by EPA 

pursuant to 42 U.S.C. 6991c and part 

281 of this chapter. EPA approved the 

Mississippi UST Program on June 11, 

1990, and it was effective on July 11, 

1990. A subsequent program revision 

was approved by EPA and became 

effective March 18, 2024. 

(b) Enforcement authority. Mississippi 

has primary responsibility for 

administering and enforcing its 

federally approved UST Program. 

However, EPA retains the authority to 

exercise its corrective action, 

inspection, and enforcement authorities 

under sections 9003(h), 9005, and 9006 

of subtitle I of RCRA, 42 U.S.C. 

6991b(h), 6991d, and 6991e, as well as 

under any other applicable statutory 

and regulatory provisions. 

(c) Retention of program approval. To 

retain program approval, Mississippi 

must revise its approved UST Program 

to adopt new changes to the Federal 

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 Mississippi 

obtains approval for 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 approval. Mississippi has 

final approval for the following 

elements of its UST Program submitted 


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to EPA and approved effective June 11, 

1990, and the program revisions 

approved by EPA effective on March 18, 

2024: 

(1) State statutes and regulations—(i) 

Incorporation by reference. The 

Mississippi materials cited in this 

paragraph (d)(1)(i), and listed in 

appendix A to this part, are 

incorporated by reference as part of the 

UST Program under subtitle I of RCRA, 

42 U.S.C. 6991 et seq. (See § 282.2 for 

incorporation by reference approval and 

inspection information.) You may 

obtain copies of the Mississippi statutes 

and regulations that are incorporated by 

reference in this paragraph (d)(1)(i) from 

the Mississippi Department of 

Environmental Quality, P.O. Box 2261, 

Jackson, MS 29335; Phone number: 

(601) 961–5171; website: https://www.

mdeq.ms.gov/water/groundwaterassessment-and-remediation/ 

underground-storage-tanks/. 

(A) ‘‘Mississippi Statutory 

Requirements Applicable to the 

Underground Storage Tank Program,’’ 

dated September 5, 2023. 

(B) ‘‘Mississippi Regulatory 

Requirements Applicable to the 

Underground Storage Tank Program,’’ 

dated September 5, 2023. 

(ii) Legal basis. EPA considered the 

following statutes and regulations 

which provide the legal basis for the 

State’s implementation of the UST 

Program, but do not replace Federal 

authorities. Further, these provisions are 

not being incorporated by reference, 

unless the provisions place 

requirements on regulated entities. 

(A) Mississippi Underground Storage 

Tank Act (the UST Act) of 1988, Miss. 

Code Ann. sections 49–17–401 to 49–17– 

435 (2022). 

(1) Section 49–17–409, as to the first 

sentence, insofar as it provides for 

compliance monitoring and the 

promulgation of regulations for the 

reporting of releases. 

(2) Section 49–17–413(1), insofar as it 

provides for compliance monitoring, 

and the promulgation of regulations for 

the implementation of the State UST 

Program. 

(3) Section 49–17–415, insofar as it 

provides for compliance monitoring and 

establishes authority to conduct 

inspections, tests, and obtain 

information from owners. 

(4) Section 49–17–419, insofar as it 

establishes authority over corrective 

action. 

(5) Section 49–17–425, insofar as it 

provides for the sharing of information 

with EPA. 

(6) Section 49–17–427, insofar as it 

provides for enforcement response, 

enforcement of orders, assessment of 

penalties under the UST Act, 

proceedings before the commission, and 

limitations on liability. 

(7) Section 49–17–431, insofar as it 

provides for appeal of any decision by 

the commission or the director. 

(B) Mississippi Air and Water 

Pollution Control Law, Miss. Code Ann. 

sections 49–17–27 and 49–17–31 to 49– 

17–41 (2020). 

(1) Section 49–17–27, insofar as it 

provides for enforcement response and 

injunctive relief. 

(2) Section 49–17–31, insofar as it 

provides for enforcement response, 

notice of violations, enforcement of 

regulations and orders, procedures for 

contested cases, and assessment of 

penalties. 

(3) Section 49–17–33, insofar as it 

provides for hearing procedures, 

issuance of orders, and penalties. 

(4) Section 49–17–35, insofar as it 

provides for enforcement response, 

public participation, and citizen 

intervention. 

(5) Section 49–17–37, insofar as it 

provides for hearing procedures and 

transcripts. 

(6) Section 49–17–39, insofar as it 

provides for the sharing of information 

with EPA. 

(7) Section 49–17–41, insofar as it 

provides for appeal rights for aggrieved 

parties. 

(C) Mississippi’s Underground Storage 

Tank Regulations, 11 Miss. Admin. 

Code Pt. 5, Ch. 2 (2018). 

(1) R. 2.3, 280.36, insofar as it 

provides for delivery prohibition and 

enforcement of the State UST Program. 

(2) R. 2.6, 280.67, insofar as it 

provides for public participation in the 

corrective action process. 

(D) Rule 24(a)(2) of the Mississippi 

Rules of Civil Procedure (1982), insofar 

as it provides for citizen intervention 

and public participation in the State 

enforcement process. 

(iii) Other provisions not incorporated 

by reference. The following statutory 

and regulatory provisions applicable to 

the Mississippi UST Program are 

broader in scope than the Federal 

program, external to the State UST 

program approval requirements, or are 

being excluded for other reasons as 

noted below. Therefore, these 

provisions are not part of the approved 

UST Program and are not incorporated 

by reference in this section: 

(A) Mississippi Underground Storage 

Tank Act (the UST Act) of 1988, Miss. 

Code Ann. sections 49–17–401 to 49–17– 

435 (2022). 

(1) 49–17–403(b) is broader in scope 

as to the definition of ‘‘Bonded 

distributor,’’ insofar as it is associated 

with the regulation of entities other than 

owners and operators as these terms are 

defined in 40 CFR 280.12. 

(2) Section 49–17–403(o) is broader in 

scope as to the definition of ‘‘Response 

action contractor,’’ insofar as it is 

associated with the regulation of entities 

other than owners and operators as 

these terms are defined in 40 CFR 

280.12. 

(3) Section 49–17–403(p) is broader in 

scope as to the definition of ‘‘Retailer,’’ 

insofar as it is associated with the 

regulation of entities other than owners 

and operators as these terms are defined 

in 40 CFR 280.12. 

(4) Section 49–17–403(q) is broader in 

scope as to the definition of 

‘‘Substantial compliance,’’ insofar as it 

relates to a State fund. 

(5) Section 49–17–405 is broader in 

scope insofar as it provides for the 

creation of the Mississippi Groundwater 

Protection Trust Fund (State Fund), 

promulgation of regulations regarding 

the State Fund, criteria for qualified 

expenditure of funds, and liability of 

owners for fund expenditures. 

(6) Section 49–17–407 is broader in 

scope insofar as it creates an 

environmental protection fee, provides 

limits on use of the State Fund, and 

addresses third party claims. 

(7) Section 49–17–409 is broader in 

scope, all except for the first sentence, 

insofar as it provides for the eligibility 

requirements of the State Fund and 

reimbursement of costs from owners. 

(8) Section 49–17–421 is broader in 

scope insofar as it establishes an annual 

tank regulatory fee. 

(9) Section 49–17–422 is broader in 

scope insofar as it creates an 

Underground Storage Tank Advisory 

Council. 

(10) Section 49–17–423 is broader in 

scope insofar as it pertains to the 

commission’s administration of funds 

from the Leaking Underground Storage 

Tank Trust Fund. 

(11) Section 49–17–429 is broader in 

scope insofar as it requires the 

certification of individuals to install, 

alter, or remove underground storage 

tanks and provides for the promulgation 

of regulations setting forth certification 

requirements. 

(12) Section 49–17–433 is external 

insofar as it pertains to the severability 

of the State UST Act. 

(13) Section 49–17–435 is external 

insofar as it contains reporting 

obligations on the State agency, not a 

regulated entity. 

(B) Mississippi Air and Water 

Pollution Control Law, Miss. Code Ann. 

sections 49–17–27 and 49–17–31 to 49– 

17–41 (2020). 


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(1) Section 49–17–32 is external 

insofar as it does not pertain to the State 

UST Program. 

(2) Section 49–17–34 is external 

insofar as it does not pertain to the State 

UST Program. 

(3) Section 49–17–36 is external 

insofar as it does not pertain to the State 

UST Program. 

(C) Mississippi’s Groundwater 

Protection Trust Fund Regulations, 11 

Miss. Admin. Code Pt. 5, Ch. 1 (2009) 

is broader in scope insofar as these 

provisions regulate Immediate Response 

Action Contractors, Environmental 

Response Action Contractors, and the 

State Fund. 

(D) Mississippi’s Underground 

Storage Tank Regulations, 11 Miss. 

Admin. Code Pt. 5, Ch. 2 (2018). 

(1) R. 2.1, 280.12 is broader in scope 

as to the definition of ‘‘Ancillary 

equipment,’’ insofar as it pertains to 

dispensers. 

(2) R. 2.1, 280.12 is broader in scope 

as to the definition of ‘‘Certificate of 

Operation,’’ insofar as it requires UST 

systems to be permitted by MDEQ and 

the payment of tank regulatory fees. 

(3) R. 2.1, 280.12 is broader in scope 

as to the definition of ‘‘Motor fuel,’’ 

insofar as it includes 100% biodiesel or 

ethanol. 

(4) R. 2.1, 280.12 is broader in scope 

as to the definition of ‘‘New tank 

system,’’ insofar as it includes 

dispensers as part of the new tank 

system. 

(5) R. 2.1, 280.12 is broader in scope 

as to the definition of ‘‘Register,’’ insofar 

as it requires notification for 

installation, replacement, and change in 

operational status of a dispenser. 

(6) R. 2.1, 280.12 is broader in scope 

as to the definition of ‘‘Replace,’’ insofar 

as it considers replacement of a 

dispenser to constitute a new UST 

system. 

(7) R. 2.2, 280.20(j) is broader in scope 

insofar as it regulates shear valves. 

(8) R. 2.2, 280.22(a) and (b) are 

broader in scope insofar as these 

provisions regulate dispensers. 

(9) R. 2.3, 280.34(g) through (i) are 

broader in scope insofar as these 

provisions regulate dispensers. 

(10) R. 2.3, 280.35(a)(4) is broader in 

scope insofar as it regulates dispensers. 

(11) R. 2.3, 280.35(b)(1) is broader in 

scope insofar as it regulates shear 

valves. 

(12) R. 2.3, 280.38(b)(1)(iii) is broader 

in scope insofar as it regulates shear 

valves. 

(13) R. 2.8, 280.91(e) and (f), are 

excluded for other reasons. Paragraph 

(e) is excluded only insofar as it 

includes Indian tribes as a ‘‘local 

government entity,’’ and paragraph (f) is 

excluded insofar as EPA retains 

responsibility for implementing the 

Federal UST program in Indian country. 

Note 1 to paragraph (d)(1)(iii)(D)(13). 

MDEQ does not regulate any USTs on Indian 

lands and EPA retains responsibility for 

implementing the Federal UST program in 

Indian country. In a subsequent rulemaking, 

MDEQ will revise these provisions to remove 

references to the State’s regulation of USTs 

in Indian country. 

(14) R. 2.8, 280.92, is excluded for 

other reasons only insofar as the 

definition of ‘‘Local government’’ 

includes Indian tribes. 

Note 2 to paragraph (d)(1)(iii)(D)(14). 

MDEQ does not regulate any USTs on Indian 

lands and the EPA retains responsibility for 

implementing the Federal UST program in 

Indian country. In a subsequent rulemaking, 

MDEQ will revise the definition of ‘‘Local 

government’’ to exclude Indian tribes. 

(15) R. 2.8, 280.100 is external insofar 

as it is not applicable in a State with an 

approved UST program. 

(E) Mississippi’s Underground Storage 

Tank Regulations for the Certification of 

Persons Who Install, Alter, and Remove 

Underground Storage Tanks, 11 Miss. 

Admin. Code Pt. 5, Ch. 3 (2018) is 

broader in scope insofar as these 

provisions provide for the certification 

and regulation of persons who install, 

alter, test, and permanently close 

underground storage tanks. 

(2) Statement of legal authority. The 

Attorney General’s Statement, signed by 

the Mississippi Attorney General on 

July 27, 2023, though not incorporated 

by reference, is referenced as part of the 

approved underground storage tank 

program under subtitle I of RCRA, 42 

U.S.C. 6991 et seq. 

(3) Demonstration of procedures for 

adequate enforcement. The 

‘‘Demonstration of Adequate 

Enforcement Procedures’’ submitted in 

the application dated July 31, 2023, as 

amended on August 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. 

(4) Program description. The program 

description submitted in the application 

dated July 31, 2023, as amended on 

August 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. 

(5) Memorandum of Agreement. The 

Memorandum of Agreement between 

EPA Region 4 and the MDEQ, signed by 

the EPA Regional Administrator on 

October 12, 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. 

■ 4. Amend appendix A to part 282 by 

revising the entry for Mississippi to read 

as follows: 

Appendix A to Part 282—State 

Requirements Incorporated by 

Reference in Part 282 of the Code of 

Federal Regulations 

* * * * * 

Mississippi 

(a) The statutory provisions include: 

Mississippi Underground Storage Tank Act 

(the UST Act) of 1988, Miss. Code Ann. 

sections 49–17–401 to 49–17–435 (2022): 

49–17–401 Short Title. 

49–17–403 Definitions, except (b), (o), 

(p), and (q). 

49–17–411 Compliance with regulations. 

49–17–413 Rules and regulations, except 

for (1). 

49–17–417 Repealed. 

Note to paragraph (a) of Appendix A to 

Part 282. Miss. Code Ann. section 49–17– 

413(2) is approved as part of the State UST 

Program to the extent that Mississippi will 

not grant a variance that makes its UST 

Program less stringent than the Federal 

regulations. In practice, Mississippi does not 

grant variances for the UST Program. 

Mississippi has agreed to execute a revised 

Memorandum of Agreement with EPA stating 

that Mississippi will limit the scope of its 

variance authority to only those situations 

where the Federal regulations allow the 

implementing agency to approve flexibilities. 

(b) The regulatory provisions include: 

Mississippi’s Underground Storage Tank 

Regulations, 11 Miss. Admin. Code Pt. 5, 

Ch. 2 (2018): 

Rule 2.1 Program Scope and Interim 

Prohibition 

280.10 Applicability. 

280.11 Installation requirements for 

partially excluded UST systems. 

280.12 Definitions, except for 

‘‘dispensers’’ in the definition of 

‘‘Ancillary equipment;’’ the definition of 

‘‘Certificate of Operation;’’ ‘‘including 

100% biodiesel or ethanol’’ from the 

definition of ‘‘Motor fuel;’’ ‘‘dispensers’’ 

and (c) from the definition of ‘‘New tank 

system;’’ ‘‘dispensers’’ from the 

definition of ‘‘Register;’’ ‘‘dispensers’’ 

and (c) from the definition of ‘‘Replace.’’ 

280.13 Industry codes and recommended 

practices. 

Rule 2.2 UST Systems: Design, 

Construction, Installation and 

Notification 

280.20 Performance Standards for new 

UST systems, except for (j). 

280.21 Upgrading of existing UST 

systems. 

280.22 Notification requirements, except 

as applied to ‘‘dispensers’’ in (a) and (b). 

Rule 2.3 General Operating Requirements 

280.30 Operation and maintenance of 

spill and overfill prevention. 

280.31 Operation and maintenance of 

secondary containment. 

280.32 Operation and maintenance of 

corrosion protection. 


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280.33 Compatibility. 

280.34 Repairs and replacements, except 

as applied to ‘‘dispenser(s)’’ in (g), (h), 

and (i). 

280.35 Reporting recordkeeping, except 

as applied to ‘‘dispensers’’ in (a)(4); and 

except as applied to ‘‘shear valves’’ in 

(b)(1). 

280.37 Operator training. 

280.38 Operation and maintenance 

walkthrough inspections, except for 

(b)(1)(iii). 

Rule 2.4 Leak Detection 

280.40 General requirements for all UST 

systems. 

280.41 Requirements for petroleum UST 

systems. 

280.42 Requirements for hazardous 

substance UST systems. 

280.43 Methods of leak detection for 

tanks. 

280.44 Methods of leak detection for 

piping. 

280.45 Leak detection recordkeeping. 

Rule 2.5 Leak Reporting, Release Reporting, 

Investigation, and Confirmation 

280.50 Reporting of leaks and suspected 

releases. 

280.51 Investigation due to off-site 

impacts. 

280.52 Release investigation and 

confirmation steps. 

280.53 Reporting and cleanup of spills 

and overfills. 

Rule 2.6 Release Response and Corrective 

Action for UST Systems Containing 

Petroleum or Hazardous Substances 

280.60 General. 

280.61 Initial response. 

280.62 Initial abatement measures and 

site check. 

280.63 Initial site characterization. 

280.64 Free product removal. 

280.65 Investigations for soil and groundwater cleanup. 

280.66 Corrective action plan. 

Rule 2.7 Out-of-Service UST Systems and 

Closure 

280.70 Temporary closure. 

280.71 Permanent closure and changesin-service. 

280.72 Assessing the site at closure or 

change-in-service. 

280.73 Applicability to previously closed 

UST systems. 

280.74 Closure records. 

Rule 2.8 Financial Responsibility 

280.90 Applicability. 

280.91 Compliance dates, except for 

‘‘including Indian tribes’’ in (e), and (f). 

280.92 Definition of terms, except for 

‘‘and includes Indian tribes’’ from the 

definition of ‘‘Local government.’’ 

280.93 Amount and scope of required 

financial responsibility. 

280.94 Allowable mechanisms and 

combinations of mechanisms. 

280.95 Financial test of self-insurance. 

280.96 Guarantee. 

280.97 Insurance and risk retention group 

coverage. 

280.98 Surety bond. 

280.99 Letter of credit. 

280.101 State fund or other State 

assurance. 

280.102 Trust fund. 

280.103 Standby trust fund. 

280.104 Local government bond rating 

test. 

280.105 Local government financial test. 

280.106 Local government guarantee. 

280.107 Local government fund. 

280.108 Substitution of financial 

assurance mechanisms by owner or 

operator. 

280.109 Cancellation or nonrenewal by a 

provider of financial assurance. 

280.110 Reporting by owner or operator. 

280.111 Recordkeeping. 

280.112 Drawing on financial assurance 

mechanisms. 

280.113 Release from the requirements. 

280.114 Bankruptcy or other incapacity 

of owner or operator or provider of 

financial assurance. 

280.115 Replenishment of guarantees, 

letters of credit, or surety bonds. 

280.116 Suspension of enforcement. 

[Reserved] 

Rule 2.9 Lender Liability 

280.120 Definitions. 

280.121 Participation in management. 

280.122 Ownership of an underground 

storage tank or underground storage tank 

system or facility or property on which 

an underground storage tank or 

underground storage tank system is 

located. 

280.123 Operating an underground 

storage tank or underground storage tank 

system. 

Rule 2.10 UST Systems with FieldConstructed Tanks and Airport Hydrant 

Fuel Distribution Systems. 

280.130 Definitions. 

280.131 General requirements. 

280.132 Additions, exceptions, and 

alternatives for UST systems with fieldconstructed tanks and airport hydrant 

systems. 

Note to paragraph (b) of Appendix A to 

Part 282. 11 Miss. Admin. Code Pt. 5, Ch. 2, 

280.42(b)(5) is approved as part of the UST 

Program only to the extent that Mississippi 

will not allow alternate release detection 

methods for hazardous substance UST 

systems installed on or after October 13, 

2015. Sections 40 CFR 281.33(e) and 

280.42(e) of the Federal regulations only 

allow alternate release detection methods for 

hazardous substance UST systems installed 

prior to October 13, 2015. Mississippi’s 

section 280.42(b)(5) does not contain an 

analogous limitation on the use of alternative 

release detection methods. In practice, MDEQ 

does not allow alternative release detection 

methods for hazardous substance tanks 

installed after October 1, 2008. In a 

subsequent rulemaking, MDEQ will revise 11 

Miss. Admin. Code Pt. 5, Ch. 2, R. 2.4, 

section 280.42(b)(5) to clarify this point. 

(C) Copies of the Mississippi statutes and

regulations that are incorporated by reference 

are available from the Mississippi 

Department of Environmental Quality, P.O. 

Box 2261, Jackson, MS 29335; Phone 

number: (601) 961–5171; website: https://

www.mdeq.ms.gov/water/groundwaterassessment-and-remediation/undergroundstorage-tanks/. 

[FR Doc. 2024–00171 Filed 1–17–24; 8:45 am] 

BILLING CODE 6560–50–P 

DEPARTMENT OF COMMERCE 

National Oceanic and Atmospheric 

Administration 

50 CFR Part 635 

[Docket No. 220919–0193; RTID 0648– 

XD628] 

Atlantic Highly Migratory Species; 

Atlantic Bluefin Tuna Fisheries; 

General Category January Through 

March Quota Transfer 

AGENCY: National Marine Fisheries 

Service (NMFS), National Oceanic and 

Atmospheric Administration (NOAA), 

Commerce. 

ACTION: Temporary rule; quota transfer. 

SUMMARY: NMFS is transferring 20.5 

metric tons (mt) of Atlantic bluefin tuna 

(BFT) quota from the General category 

December 2024 subquota to the January 

through March 2024 subquota period. 

The adjusted General category January 

through March 2024 subquota is 58.2 

mt. This action provides further 

opportunities for General category 

fishermen to participate in the January 

through March General category fishery, 

based on consideration of the regulatory 

determination criteria regarding 

inseason adjustments. This action 

would affect Atlantic Tunas General 

category (commercial) permitted vessels 

and Atlantic Highly Migratory Species 

(HMS) Charter/Headboat permitted 

vessels with a commercial sale 

endorsement when fishing 

commercially for BFT. 

DATES: Effective January 12, 2024, 

through March 31, 2024. 

FOR FURTHER INFORMATION CONTACT: Ann 

Williamson, ann.williamson@noaa.gov, 

or Larry Redd, Jr., larry.redd@noaa.gov, 

at 301–427–8503. 

SUPPLEMENTARY INFORMATION: BFT 

fisheries are managed under the 2006 

Consolidated HMS Fishery Management 

Plan (FMP) and its amendments, 

pursuant to the Magnuson-Stevens 

Fishery Conservation and Management 

Act (Magnuson-Stevens Act; 16 U.S.C. 

1801 et seq.) and consistent with the 

Atlantic Tunas Convention Act (ATCA; 

16 U.S.C. 971 et seq.). HMS 

implementing regulations are at 50 CFR 

part 635. Section 635.27 divides the 

U.S. BFT quota recommended by the 

International Commission for the 

Conservation of Atlantic Tunas (ICCAT) 

and as implemented by the United 

States among the various domestic 

fishing categories, per the allocations 

established in the 2006 Consolidated 

HMS FMP and its amendments. NMFS 

is required under the Magnuson-Stevens 


khammond on DSKJM1Z7X2PROD with RULES