[Federal Register Volume 89, Number 193 (Friday, October 4, 2024)]
[Rules and Regulations]
[Pages 80788-80795]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-22912]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 282

[EPA-R07-UST-2023-0534; FRL-11633-02-R7]


Iowa: Final Approval of State Underground Storage Tank Program 
Revisions, Codification, and Incorporation by Reference

AGENCY: Environmental Protection Agency (EPA).

ACTION: Direct final rule.

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SUMMARY: Pursuant to the Resource Conservation and Recovery Act (RCRA 
or Act), the Environmental Protection Agency (EPA) is taking direct 
final action to approve revisions to the State of Iowa's Underground 
Storage Tank (UST) program submitted by the Department of Natural 
Resources (DNR). This action also codifies EPA's approval of Iowa's 
State program and incorporates by reference those provisions of the 
State regulations that we have determined meet the requirements for 
approval. The provisions will be subject to EPA's inspection and 
enforcement authorities under RCRA Subtitle I and other applicable 
statutory and regulatory provisions.

DATES: This rule is effective December 3, 2024, unless EPA receives 
adverse comment by November 4, 2024. If EPA receives adverse comments, 
it will publish a timely withdrawal in the Federal Register informing 
the public that the rule will not take effect. The incorporation by 
reference of certain publications listed in the regulations is approved 
by the Director of the Federal Register, as of December 3, 2024, in 
accordance with 5 U.S.C. 552(a) and 1 CFR part 51.

ADDRESSES: Submit your comments by one of the following methods:
    1. Federal eRulemaking Portal: https://www.regulations.gov. Follow 
the on-line instructions for submitting comments.
    2. Email: <a href="/cdn-cgi/l/email-protection#04746b6961772a696d676c656168446174652a636b72"><span class="__cf_email__" data-cfemail="4f3f20222a3c6122262c272e2a230f2a3f2e61282039">[email protected]</span></a>.
    Instructions: Direct your comments to Docket ID No. EPA-R07-UST-
2023-0534. EPA's policy is that all comments received will be included 
in the public docket without change and may be available online at 
https://www.regulations.gov, 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 https://www.regulations.gov, or email. The Federal https://www.regulations.gov 
website is an ``anonymous access'' system, which means the EPA will not 
know your identity or contact information unless you provide it in the 
body of your comment. If you send an email comment directly to the EPA 
without going through https://www.regulations.gov, your email address 
will be automatically captured and included as part of the comment that 
is placed in the public docket and made available on the internet. If 
you submit an electronic comment, EPA recommends that you include your 
name and other contact information in the body of your comment and also 
with any disk or CD-ROM you submit. If EPA cannot read your comment due 
to technical difficulties, and cannot contact you for clarification, 
EPA may not be able to consider your comment. Electronic files should 
avoid the use of special characters, any form of encryption, and be 
free of any defects or viruses. EPA encourages electronic submittals, 
but if you are unable to submit electronically, please reach out to the 
EPA contact person listed in the document for assistance.
    Docket: All documents in the docket are listed in the https://www.regulations.gov index. Although listed in the index, some 
information might not be publicly available, e.g., CBI or other 
information whose disclosure is restricted by statute. Publicly 
available docket materials are available electronically through 
www.regulations.gov.
    IBR and supporting material: You can view and copy the documents 
that form the basis for this codification and associated publicly 
available materials either through www.regulations.gov or by contacting 
Angela Sena, Tanks, Toxics & Pesticides Branch, Land Chemical, and 
Redevelopment Division, U.S. Environmental Protection Agency, Region 7, 
11201 Renner Boulevard, Lenexa, Kansas 66219; (913) 551-7989; 
<a href="/cdn-cgi/l/email-protection#b0c3d5ded19ed1ded7d5dcd1f0d5c0d19ed7dfc6"><span class="__cf_email__" data-cfemail="9be8fef5fab5faf5fcfef7fadbfeebfab5fcf4ed">[email protected]</span></a>. Please call or email the contact listed above if 
you need access to material indexed but not provided in the docket.

FOR FURTHER INFORMATION CONTACT: Michael L Pomes, Remediation Branch, 
Land, Chemical, and Redevelopment Division, U.S. Environmental 
Protection Agency, Region 5, 77 W Jackson Boulevard, Chicago, Illinois 
60604; (312) 886-2406; <a href="/cdn-cgi/l/email-protection#1666797b7365387b7f757e77737a5673667738717960"><span class="__cf_email__" data-cfemail="0676696b6375286b6f656e67636a4663766728616970">[email protected]</span></a>.

SUPPLEMENTARY INFORMATION:

I. Approval of Revisions to Iowa's Underground Storage Tank Program

A. Why are revisions to State programs necessary?

    States that have received final approval from the EPA under section 
9004(b) of RCRA, 42 U.S.C. 6991c(b), must maintain an underground 
storage tank program that is equivalent to, consistent with, and no 
less stringent than the Federal UST program. Either EPA or the approved 
State may initiate program revision. When EPA makes revisions to the 
regulations that govern the UST program, States must revise their 
programs to comply with the updated regulations and submit these 
revisions to the EPA for approval. Program revision may be necessary 
when the controlling Federal or State statutory or regulatory authority 
is modified or when responsibility for the State program is shifted to 
a new agency or agencies.

B. What decisions has the EPA made in this rule?

    On June 22, 2023, in accordance with 40 CFR 281.51(a), Iowa 
submitted a complete program revision application seeking the EPA 
approval for its UST program revisions (State Application). Iowa's 
revisions correspond to the EPA

[[Page 80789]]

final rule published on July 15, 2015 (80 FR 41566), which revised the 
1988 UST regulations and the 1988 State program approval (SPA) 
regulations (2015 Federal Revisions). As required by 40 CFR 281.20, the 
State Application contains the following: a transmittal letter 
requesting approval, a description of the program and operating 
procedures, a demonstration of the State's procedures to ensure 
adequate enforcement, a Memorandum of Agreement outlining the roles and 
responsibilities of the EPA and the implementing agency, a statement of 
certification from the Attorney General, and copies of all relevant 
State statutes and regulations. We have reviewed the State Application 
and determined that the revisions to Iowa's UST program are equivalent 
to, consistent with, and no less stringent than the corresponding 
Federal requirements in subpart C of 40 CFR part 281, and that the Iowa 
program provides for adequate enforcement of compliance (40 CFR 
281.11(b)). Therefore, the EPA grants Iowa final approval to operate 
its UST program with the changes described in the program revision 
application and as outlined below in section I.G. of this document.

C. What is the effect of this approval decision?

    This action does not impose additional requirements on the 
regulated community because the regulations being approved by this rule 
are already effective in Iowa and they are not changed by this action. 
This action merely approves the existing State regulations as meeting 
the Federal requirements and renders them federally enforceable.

D. Why is EPA using a direct final rule?

    EPA is publishing this direct final rule concurrent with a proposed 
rule because we view this as a noncontroversial action and anticipate 
no adverse comment. EPA is providing an opportunity for public comment 
now.

E. What happens if the EPA receives comments that oppose this action?

    Along with this direct final rule, the EPA is publishing a separate 
document in the ``Proposed Rules'' section of this issue of the Federal 
Register that serves as the proposal to approve the State's UST program 
revisions, providing opportunity for public comment. If EPA receives 
comments that oppose this approval, EPA will withdraw the direct final 
rule by publishing a document in the Federal Register before the rule 
becomes effective. The EPA will base any further decision on the 
approval of the State program changes after considering all comments 
received during the comment period. EPA will then address all public 
comments in a later final rule. You may not have another opportunity to 
comment. If you want to comment on this approval, you must do so at 
this time.

F. For what has Iowa previously been approved?

    On March 7, 1995, the EPA finalized a rule approving the UST 
program, effective May 8 1995, to operate in lieu of the Federal 
program. On March 7, 1995, effective May 8, 1995, the EPA codified the 
approved Iowa program, incorporating by reference the State statutes 
and regulatory provisions that are subject to EPA's inspection and 
enforcement authorities under RCRA sections 9005 and 9006, 42 U.S.C. 
6991d and 6991e, and other applicable statutory and regulatory 
provisions.

G. What changes are we approving with this action?

    On June 22, 2023, in accordance with 40 CFR 281.51(a), Iowa 
submitted a complete application for final approval of its UST program 
revisions adopted on June 23, 2021. The EPA now makes an immediate 
final decision, subject to receipt of written comments that oppose this 
action, that Iowa's UST program revisions satisfy all of the 
requirements necessary to qualify for final approval. Therefore, EPA 
grants Iowa final approval for the following program changes:

------------------------------------------------------------------------
         Required Federal element           Implementing State authority
------------------------------------------------------------------------
40 CFR 281.30, New UST Systems and          567 Iowa Admin. Code
 Notification.                               135.1(3)(a).
                                            IAC 135.1(3)(a) and (4).
                                            IAC 135.3(1).
                                            IAC 135.3(1)(a), (b), (d),
                                             (e).
                                            IAC 135.3(1)(c)(1) through
                                             (4).
                                            IAC 135.3(1)(f)(1) and (4).
                                            IAC 135.3(3)(d)(1) through
                                             (4).
                                            IAC 135.3(9).
40 CFR 281.30, New UST Systems and          567 Iowa Admin. Code
 Notification continued . . ..               135.4(5)(a)(1) through (6).
                                            IAC 135.21(1)(a).
                                            IAC 135.21(2)(a).
40 CFR 281.31, Upgrading Existing UST       567 Iowa Admin. Code
 Systems.                                    135.1(3)(a).
                                            IAC 135.1(3)(a).
                                            IAC 135.3(2)(b), (c), (d).
                                            IAC 135.21(1)(a).
                                            IAC 135.21(2).

[[Page 80790]]

 
40 CFR 281.32, General Operating            567 Iowa Admin. Code
 Requirements.                               135.3(1)(a)(4)(2).
                                            IAC 135.3(1)(b).
                                            IAC 135.3(1)(c)(4).
                                            IAC 135.3(9)(b)(2).
                                            IAC 135.4(1).
                                            IAC 135.4(2)(a) through (d).
                                            IAC 135.4(3).
                                            IAC 135.4(3)(a).
                                            IAC 135.4(4)(a), (b), (c)(1)
                                             and (3), (d), (e), (f).
                                            IAC 135.4(4)(h).
                                            IAC 135.4(5)(b)(8) and (11).
                                            IAC 135.4(5)(b).
                                            IAC 135.4(5)(c).
                                            IAC 135.4(12).
                                            IAC 135.4(12)(c).
                                            IAC 135.4(13).
                                            IAC 135.4(13)(e).
                                            IAC 135.5(6).
40 CFR 281.33, Release Detection..........  567 Iowa Admin. Code
                                             135.5(1)(a), through (d).
                                            IAC 135.5(2).
                                            IAC 135.5(4)(a), (b), (c),
                                             (d)(1) through (3), (e)(1)
                                             through (7), (f), (g)(1),
                                             (g)(2), (h)(1) and (2),
                                             (i).
                                            IAC 135.5(3).
                                            IAC 135.5(5)(a), (b), (c),
                                             (d).
                                            IAC 135.21(2)(d)(1) and (2).
                                            IAC 135.21(2)(d)(3).
40 CFR 281.34, Release Reporting,           567 Iowa Admin. Code
 Investigation, and Confirmation.            135.4(1)(b).
                                            IAC 135.6(1).
                                            IAC 135.6(2).
                                            IAC 135.6(3)(a).
                                            IAC 135.6(4)(a) and (b).
40 CFR 281.35, Release Response and         567 Iowa Admin. Code
 Corrective Action.                          135.7(2).
                                            IAC 135.7(3).
                                            IAC 135.7(5)(a), (b), (c),
                                             (d)(1), (2), (4) through
                                             (8).
40 CFR 281.35, Release Response and         567 Iowa Admin. Code 135.13.
 Corrective Action Continued . . ..
40 CFR 281.36, Out-of-service Systems and   567 Iowa Admin. Code
 Closure.                                    135.15(1)(a).
                                            IAC 135.15(1)(b)(1), (2),
                                             (3), (6).
                                            IAC 135.15(1)(c)(2), (3),
                                             (6).
                                            IAC 135.15(1)(d).
                                            IAC 135.15(2)(b) and (c).
                                            IAC 135.15(3)(a) and (f).
                                            IAC 135.15(5).
                                            IAC 135.21(2)(e).
40 CFR 281.37, Financial Responsibility     567 Iowa Admin. Code 136.4.
 for USTs Containing Petroleum.             IAC 136.5 through 136.16.
                                            IAC 136.17.
                                            IAC 136.18.
                                            IAC 136.20.
                                            IAC 136.24.
40 CFR 281.39, Operator Training..........  567 Iowa Admin. Code
                                             135.4(6)(a), (g), (h).
                                            IAC 135.4(8)(a)(1), (10),
                                             (11), (13), (15), (17),
                                             (19).
                                            IAC 135.4(8)(b)(2), (3),
                                             (6), (7), (10), (11), (16),
                                             (18).
                                            IAC 135.4(8)(c), (c)(6)
                                            135.4(10).
                                            IAC 135.4(11)(a), (a)(1),
                                             (b).
40 CFR 281.41, Legal Authorities for        Iowa Code 17(A)(19)(10)(f).
 Enforcement Response.                      IC 455B.474(1)(a)(6)(k).
                                            IC 455B.476.
                                            IC 455B.476(3).
                                            IC 455B.477(1).
                                            IC 455B.477(2).
                                            IC 455B.477(3).
                                            IC 455B.477(6).
                                            IC 455B.474(8)(b).
                                            567 Iowa Admin. Code
                                             135.3(5)(d).
                                            IAC 135.3(8).
------------------------------------------------------------------------

    The State also demonstrates that its program provides adequate 
enforcement of compliance as described in 40 CFR 281.11(b) and part 
281, subpart D. The Iowa DNR UST Section has broad statutory authority 
with respect to USTs to regulate installation, operation, maintenance, 
closure, and UST releases, and to the issuance of orders. These 
statutory authorities are found in: Code of Iowa Chapter 455B, 
Jurisdiction of the Department of Natural Resources,

[[Page 80791]]

Division IV, Solid Waste Disposal, Part 8--Underground Storage Tanks 
(455B.471 et seq.), and 567 Iowa Administrative Code Chapter 134--
Underground Storage Tank Licensing and Certification Programs, Chapter 
135--Technical Standards and Corrective Action Requirements for Owners 
and Operators of Underground Storage Tanks, and Chapter 136--Financial 
Responsibility for Underground Storage Tanks.

H. Where are the revised rules different from the Federal rules?

Broader in Scope Provisions
    The following statutory and regulatory provisions are considered 
broader in scope than the Federal program, and are therefore not 
enforceable as a matter of Federal law pursuant to 40 CFR 
281.12(a)(3)(ii):
Code of Iowa
Code of Iowa 455B.471(1), (2), (3), (4), (10)
Code of Iowa 455B.472
Code of Iowa 455B.473(4) through (9)
Code of Iowa 455B.473A
Code of Iowa 455B.474
Code of Iowa 455B.474A
Code of Iowa 455B.475
Code of Iowa 455B.476
Code of Iowa 455B.477
Code of Iowa 455B.478
Code of Iowa 455B.479
567 Iowa Administrative Code
Iowa Administrative Code Chapter 134
Iowa Administrative Code Chapter 135.2 definitions not listed in 40 CFR 
280.12
Iowa Administrative Code 135.3(1)(c)(5) and (e)(1) and (2)
Iowa Administrative Code 135.3(2)(a)
Iowa Administrative Code 135.3(3)(a), (b), (d)(5) and (6), (g), (j), 
and (k)
Iowa Administrative Code 135.3(5)
Iowa Administrative Code 135.3(9)(b)(1)(1)
Iowa Administrative Code 135.4(2)(e)
Iowa Administrative Code 135.4(3)(b), (c)
Iowa Administrative Code 135.4(4)(c)(2) and (4)
Iowa Administrative Code 135.4(4)(g) and (i)
Iowa Administrative Code 135.4(5)(a)(7) and (8)
Iowa Administrative Code 135.4(6)(a) through (f)
Iowa Administrative Code 135(4)(7)
Iowa Administrative Code 135.4(8)(a), (a)(4), (5), (7), (8), (9), (14), 
(16), (18)
Iowa Administrative Code 135.4(8)(b), (b)(4), (5), (8), (9), (12), 
(13), (14), (17). (19)
Iowa Administrative Code 135.4(8)(c)(1), (2), (3), (4), (5)
Iowa Administrative Code 135.4(9)
Iowa Administrative Code 135.4(11)(a)(2), (c) and (d)
Iowa Administrative Code 135.5(1)(e)
Iowa Administrative Code 135.5(4)(c)
Iowa Administrative Code 135.5(4)(d)(4)
Iowa Administrative Code 135.5(4)(e)(8)
Iowa Administrative Code 135.5(4)(g)(1)(1) through (3)
Iowa Administrative Code 135.5(4)(h)(3)(1) through (3)
Iowa Administrative Code 135.5(4)(h)(4) through (6)
Iowa Administrative Code 135.5(5)(b), (d)(1) and (2)
Iowa Administrative Code 135.6(3)(b)
Iowa Administrative Code 135.7(5)
Iowa Administrative Code 135.7(5) (d)(3), (9), (10), (11)
Iowa Administrative Code 135.7(5) (e), (f), (g)
Iowa Administrative Code 135.8
Iowa Administrative Code 135.9
Iowa Administrative Code 135.10
Iowa Administrative Code 135.11
Iowa Administrative Code 135.12
Iowa Administrative Code 135.14
Iowa Administrative Code 135.15(1)(b)(4) and (5)
Iowa Administrative Code 135.15(1)(c)(1), (4), and (5)
Iowa Administrative Code 135.15(1)(e) and (f)
Iowa Administrative Code 135.15(2), (2)(a) and (d)
Iowa Administrative Code 135.15(3)(a) through (e)
Iowa Administrative Code 135.15(4)
Iowa Administrative Code 135.15(7)
Iowa Administrative Code 135.16
Iowa Administrative Code 135.17
Iowa Administrative Code 135.18
Iowa Administrative Code 135.19
Iowa Administrative Code 135.20
Iowa Administrative Code Chapter 135 Appendices A, B, C, and D

    More Stringent Provisions (Give examples):
    The following regulatory requirements are considered more stringent 
than the Federal program, and on approval, they become part of the 
federally approved program and are federally enforceable pursuant to 40 
CFR 281.12(a)(3)(i):
    Iowa required the notification for USTs taken out of operation from 
January 1, 1974, to July 1, 1985, USTs that existed and still in 
operation on or before July 1, 1985, and those brought into service 
after July 1, 1985, making them more stringent: Iowa Code 455B.473(1), 
(2), (3).
    Iowa specifically excludes residential septic tanks as being 
underground storage tanks making them more stringent: Code of Iowa 
455B.471(11)(b)(1)(c).
    Iowa specifically excluded piping associated with tanks used for 
storing heating oil for consumptive use on the premises where stored as 
being underground storage tanks making them more stringent: Code of 
Iowa 455B.471(11)(b)(2).
    Farm and residential tanks installed in Iowa after July 1, 1987, 
are subject to the requirements of 567 Iowa Admin. Code Chapters 135 
and 136 making them more stringent: IAC 135.2 and 136.1(4).
    Iowa specifies when under dispenser containment must be installed 
depending on what dispensing equipment is installed or replaced, what 
connections are made to the dispensers, and whether or not replaced or 
new piping is within 10 feet given dispensers making them more 
stringent: IAC 135.3(1)(f)(2) and (3).
    Iowa requires that owners must have tank tags affixed to the fill 
pipe in order to receive deliveries of product into the USTs they own 
making them more stringent: IAC 135.3(3)(c).
    Iowa requires that a person installing an underground storage tank 
and the owner or operator of the underground storage tank must notify 
the department of their intent to install the tank 30 days prior to 
installation making them more stringent: IAC 135.3(3)(h).
    Iowa specifies the codes of practice to be discussed during UST 
Operator training making them more stringent: IAC 135.4(6)(a)(2), (3); 
IAC 135.4(8)(a)(2); IAC 135.4(8)(b)(1).
    Iowa requires that C UST Operator be retrained in 15 days making 
them more stringent: IAC 135.4(6)(i).
    Iowa specifies what financial responsibility topics must be covered 
during Class A UST Operator Training making them more stringent: IAC 
135.4(8)(a)(12).
    Iowa specifies the types of methods used for monitoring containment 
spaces, how often the monitoring is done, and containment should be 
kept free of liquid or debris that would affect the monitoring making 
them more stringent: 135.5(5)(d).
    Iowa requires a 60-day timeframe for implementing and installing 
free product recovery system approved by the department making them 
more stringent: IAC 135.7(5)(e).
    Iowa sets requirements for returning a UST to service after an 
extended period of temporary closure making them more stringent: IAC 
135.15(1)(f).
    Iowa requires department approval for removals undertaken with less 
than 30 days of notice making them more stringent: IAC 135.15(2)(a).
    Iowa requires that department receives notice of bankruptcy within 
10

[[Page 80792]]

days making them more stringent: IAC 136.23(3).

II. Codification

A. What is codification?

    Codification is the process of placing a State's statutes and 
regulations that comprise the State's approved UST program into the 
CFR. Section 9004(b) of RCRA, as amended, allows the EPA to approve 
State UST programs to operate in lieu of the Federal program. The EPA 
codifies its authorization of State programs in 40 CFR part 282 and 
incorporates by reference State statutes and regulations that the EPA 
will enforce under sections 9005 and 9006 of RCRA and any other 
applicable State provisions. The incorporation by reference of State 
authorized programs in the CFR should substantially enhance the 
public's ability to discern the current status of the approved State 
program and State requirements that can be federally enforced. This 
effort provides clear notice to the public of the scope of the approved 
program in each State.

B. What is the history of codification of Iowa's UST program?

    EPA incorporated by reference the Iowa DNR approved UST program 
effective May 8, 1995 (60 FR 12631, March 7, 1995). In this document, 
EPA is revising 40 CFR 282.65 to include the approved revisions.

C. What codification decisions have we made in this rule?

    Incorporation by reference: In this rule, we are finalizing 
regulatory text that includes incorporation by reference. In accordance 
with the requirements of 1 CFR 51.5, we are finalizing the 
incorporation by reference of the federally approved Iowa UST program 
described in the amendments to 40 CFR part 282 set forth below. The EPA 
has made, and will continue to make, this document generally available 
through www.regulations.gov or by contacting the EPA Region 5 contact 
listed in the ADDRESSES section of this preamble.
    The purpose of this Federal Register document is to codify Iowa's 
approved UST program. The codification reflects the State program that 
would be in effect at the time EPA's approved revisions to the Iowa UST 
program addressed in this direct final rule become final. The document 
incorporates by reference Iowa's UST statutes and regulations and 
clarifies which of these provisions are included in the approved and 
federally enforceable program. By codifying the approved Iowa program 
and by amending the CFR, the public will more easily be able to discern 
the status of the federally-approved requirements of the Iowa program.
    EPA is incorporating by reference the Iowa approved UST program in 
40 CFR 282.65. Section 282.65(d)(1)(i) incorporates by reference for 
enforcement purposes the State's statutes and regulations.
    Section 282.65 also references the Attorney General's Statement, 
Demonstration of Adequate Enforcement Procedures, the Program 
Description, and the Memorandum of Agreement, which are approved as 
part of the UST program under Subtitle I of RCRA. These documents are 
not incorporated by reference.

D. What is the effect of Iowa's codification on enforcement?

    The EPA retains the authority under sections 9005 and 9006 of 
Subtitle I of RCRA, 42 U.S.C. 6991d and 6991e, and other applicable 
statutory and regulatory provisions to undertake inspections and 
enforcement actions and to issue orders in approved States. With 
respect to these actions, EPA will rely on Federal sanctions, Federal 
inspection authorities, and Federal procedures rather than the State 
authorized analogues to these provisions. Therefore, the EPA is not 
incorporating by reference such particular, approved Iowa procedural 
and enforcement authorities. Section 282.65(d)(1)(ii) of 40 CFR lists 
those approved Iowa authorities that would fall into this category.

E. What State provisions are not part of the codification?

    The public also needs to be aware that some provisions of the 
State's UST program are not part of the federally approved State 
program. Such provisions are not part of the RCRA Subtitle I program 
because they are ``broader in scope'' than Subtitle I of RCRA. Section 
281.12(a)(3)(ii) of 40 CFR states that where an approved State program 
has provisions that are broader in scope than the Federal program, 
those provisions are not a part of the federally approved program. As a 
result, State provisions which are broader in scope than the Federal 
program are not incorporated by reference for purposes of Federal 
enforcement in part 282. Section 282.65(d)(1)(iii) lists for reference 
and clarity the Iowa statutory and regulatory provisions which are 
broader in scope than the Federal program and which are not, therefore, 
part of the approved program being codified in this document. 
Provisions that are broader in scope cannot be enforced by EPA; the 
State, however, will continue to implement and enforce such provisions 
under State law.

III. Statutory and Executive Order Reviews

    This action only applies to Iowa's UST Program requirements 
pursuant to RCRA section 9004 and imposes no requirements other than 
those imposed by State law. It complies with applicable Executive 
Orders (EOs) and statutory provisions as follows:
    Additional information about these statutes and Executive Orders 
can be found at https://www.epa.gov/laws-regulations/laws-and-executive-orders.

A. Executive Order 12866: Regulatory Planning and Review and Executive 
Order 14094: Modernizing Regulatory Review

    This action is not a significant regulatory action as defined in 
Executive Order 12866 (58 FR 51735, October 4, 1993), as amended by 
Executive Order 14094 (88 FR 21879, April 11, 2023), because this 
action approves and codifies State requirements for the purpose of RCRA 
section 9004 and imposes no additional requirements beyond those 
imposed by State law. Therefore, this action was not subject to a 
requirement for Executive Order 12866 review.

B. Paperwork Reduction Act (PRA)

    This rule does not impose an information collection burden under 
the provisions of the PRA, 44 U.S.C. 3501 et seq. Burden is defined at 
5 CFR 1320.3(b).

C. Regulatory Flexibility Act (RFA)

    I certify that this action will not have a significant economic 
impact on a substantial number of small entities under the RFA, 5 
U.S.C. 601 et seq., because this action authorizes State requirements 
pursuant to RCRA section 9004 and imposes no requirements beyond those 
imposed by State law.

D. Unfunded Mandates Reform Act (UMRA)

    This action does not contain any unfunded mandates as described in 
UMRA, 2 U.S.C. 1501 et seq., and does not significantly or uniquely 
affect small governments because this action approves and codifies pre-
existing requirements under State law and does not impose any 
additional enforceable duty beyond that required by State law.

[[Page 80793]]

E. Executive Order 13175: Consultation and Coordination With Indian 
Tribal Governments

    This action approves and codifies pre-existing requirements under 
State law and does not impose any additional enforceable duty beyond 
that required by State law, it does not contain any unfunded mandate or 
significantly or uniquely affect small governments, as described in the 
Unfunded Mandates Reform Act of 1995 (2 U.S.C. 1531-1538). For the same 
reason, this action also does not significantly or uniquely affect the 
communities of Tribal governments, as specified by Executive Order 
13175 (65 FR 67249, November 9, 2000).

F. Executive Order 13132: Federalism

    This action will not have substantial direct effects on the States, 
on the relationship between the national government and the States, or 
on the distribution of power and responsibilities among the various 
levels of government, as specified in Executive Order 13132 (64 FR 
43255, August 10, 1999), because it merely approves and codifies State 
requirements as part of the State RCRA underground storage tank program 
without altering the relationship or the distribution of power and 
responsibilities established by RCRA.

G. Executive Order 13045: Protection of Children From Environmental 
Health and Safety Risks

    EPA interprets Executive Order 13045 (62 FR 19885, April 23, 1997) 
as applying only to those regulatory actions that concern environmental 
health or safety risks that EPA has reason to believe may 
disproportionately affect children, per the definition of ``covered 
regulatory action'' in section 2-202 of the Executive Order. Therefore, 
this action is not subject to Executive Order 13045 because it approves 
a State program.

H. Executive Order 13211: Actions That Significantly Affect Energy 
Supply, Distribution, or Use

    This rule is not subject to Executive Order 13211 (66 FR 28355, May 
22, 2001) because it is not a ``significant regulatory action'' as 
defined under Executive Order 12866.

I. National Technology Transfer and Advancement Act (NTTAA)

    Under RCRA section 9004(b), EPA grants a State's application for 
approval as long as the State meets the criteria required by RCRA. It 
would thus be inconsistent with applicable law for EPA, when it reviews 
a State approval application, to require the use of any particular 
voluntary consensus standard in place of another standard that 
otherwise satisfies the requirements of RCRA. Thus, the requirements of 
section 12(d) of the NTTAA, 15 U.S.C. 272 note, do not apply to this 
action.

J. Executive Order 12898: Federal Actions To Address Environmental 
Justice in Minority Populations and Low-Income Populations

    Executive Order 12898 (59 FR 7629, February 16, 1994) directs 
Federal agencies, to the greatest extent practicable and permitted by 
law, to make environmental justice part of their mission by identifying 
and addressing, as appropriate, disproportionately high and adverse 
human health or environmental effects of their programs, policies, and 
activities on minority populations (people of color and/or Indigenous 
peoples) and low-income populations. Because this action approves pre-
existing State rules that are no less stringent than existing Federal 
requirements and imposes no additional requirements beyond those 
imposed by State law, and there are no anticipated significant adverse 
human health or environmental effects, this rule is not subject to 
Executive Order 12898.

K. Congressional Review Act (CRA)

    This action is subject to the CRA, 5 U.S.C. 801 et seq., and EPA 
will submit a rule report containing this document and other required 
information to each House of the Congress and the Comptroller General 
of the United States prior to publication in the Federal Register. A 
major rule cannot take effect until 60 days after it is published in 
the Federal Register. This action is not a ``major rule'' as defined by 
5 U.S.C. 804(2). However, this action will be effective December 3, 
2024 because it is a direct final rule.

    Authority: This rule is issued under the authority of sections 
2002(a), 7004(b), and 9004 of the Solid Waste Disposal Act, as 
amended, 42 U.S.C. 6912, 6991c, 6991d, and 6991e.

List of Subjects in 40 CFR Part 282

    Environmental protection, Administrative practice and procedure, 
Confidential business information, Hazardous substances, Incorporation 
by reference, Insurance, Intergovernmental relations, Oil pollution, 
Penalties, Petroleum, Reporting and recordkeeping requirements, Surety 
bonds, Water pollution control, Water supply.

    Dated: September 18, 2024.
Cecilia Tapia,
Acting Deputy Regional Administrator, EPA Region 7.

    For the reasons set forth in the preamble, EPA is amending 40 CFR 
part 282 as follows:

PART 282--APPROVED UNDERGROUND STORAGE TANK PROGRAMS

0
1. The authority citation for part 282 continues to read as follows:

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


0
2. Revise Sec.  282.65 to read as follows:


Sec.  282.65   Iowa State-Administered Program.

    (a) History of the approval of Iowa's program. The State of Iowa is 
approved to administer and enforce an underground storage tank program 
in lieu of the Federal program under Subtitle I of the Resource 
Conservation and Recovery Act of 1976 (RCRA), as amended, 42 U.S.C. 
6991 et seq. The State's program, as administered by the Iowa 
Department of Natural Resources, was approved by EPA pursuant to 42 
U.S.C. 6991c and part 281 of this Chapter. EPA approved the Iowa 
program on March 7, 1995, and it was effective on May 8, 1995. A 
subsequent program revision application was approved by EPA and became 
effective on December 3, 2024.
    (b) Enforcement authority. Iowa has primary responsibility for 
administering and enforcing its federally approved underground storage 
tank program. However, EPA retains the authority to exercise its 
inspection and enforcement authorities under sections 9005 and 9006 of 
Subtitle I of RCRA, 42 U.S.C. 6991d and 6991e, as well as under any 
other applicable statutory and regulatory provisions.
    (c) Retaining program approval. To retain program approval, Iowa 
must revise its approved program to adopt new changes to the Federal 
Subtitle I program which makes it more stringent, in accordance with 
section 9004 of RCRA, 42 U.S.C. 6991c and 40 CFR part 281, subpart E. 
If Iowa obtains approval for the revised requirements pursuant to 
section 9004 of RCRA, 42 U.S.C. 6991c, the newly approved statutory and 
regulatory provisions will be added to this subpart and notice of any 
change will be published in the Federal Register.
    (d) Final program approval. Iowa has final approval for the 
following elements of its program application originally submitted to 
EPA and

[[Page 80794]]

approved on March 7, 1995, and effective May 8, 1995, and the program 
revision application approved by EPA, effective on December 3, 2024:
    (1) State statutes and regulations--(i) Incorporation by reference. 
The material cited in this paragraph, and listed in Appendix A to Part 
282, is incorporated by reference as part of the underground storage 
tank program under Subtitle I of RCRA, 42 U.S.C. 6991 et seq. (See 
Sec.  282.2 for incorporation by reference approval and inspection 
information.) You may obtain copies of the Iowa regulations and 
statutes that are incorporated by reference in this paragraph from the 
Iowa Department of Natural Resources website at: https://www.iowadnr.gov/Environmental-Protection/Land-Quality/Underground-Storage-Tanks/UST-LUST-Regulations for 567 Iowa Administrative Code 
regulations and https://www.legis.iowa.gov/law/administrativeRules/agencies for Code of Iowa statutes or the Iowa Department of Natural 
Resources, UST Section, 6200 Park Avenue, Suite 200, Des Moines, IA 
50321.
    (A) EPA-Approved Iowa Regulatory Requirements Applicable to the 
Underground Storage Tank Program, August 2023.
    (B) EPA-Approved Iowa Statutory Requirements Applicable to the 
Underground Storage Tank Program, December 22, 2023.
    (ii) Legal basis. EPA evaluated the following statutes and 
regulations, which provide the legal basis for the State's 
implementation of the underground storage tank program, but they are 
not being incorporated by reference for enforcement purposes and do not 
replace Federal authorities. Iowa's no less stringent, underground 
storage tank program compliance criteria is included in their 
regulations. Iowa includes brief statements in their statutes 
establishing the authority of the Iowa Department of Natural Resources 
to create and implement the underground storage tank program. None of 
these statutes are incorporated by reference.
    (A) Code of Iowa 455B.17(A)(19)(10)(f).
    (B) Code of Iowa 455B.472, 473A, 474, 474A, 475, 476, 477, 478, 
479.
    (iii) Provisions not incorporated by reference. The following 
statutory and regulatory provisions are broader in scope than the 
Federal program, are not part of the approved program, and are not 
incorporated by reference in this section for enforcement purposes:
    (A) Code of Iowa Chapter 455B, Jurisdiction of the Department of 
Natural Resources, Division IV, Solid Waste Disposal, Part 8--
Underground Storage Tanks Sections: 455B.471(1), (2), (3), (4), (10); 
455B.473(4) through (9).
    (B) 567 Iowa Administrative Code Chapter 134--Underground Storage 
Tank Licensing and Certification Programs--entire Chapter.
    (C) 567 Iowa Administrative Code Chapter 135--Technical Standards 
and Corrective Action Requirements for Owners and Operators of 
Underground Storage Tanks: 135.2 definitions not listed in 40 CFR 
280.12; 135.3(1)(c)(5) and (e)(1) and (2); 135.3(2)(a); 135.3(3)(a), 
(b), (d)(5) and (6), (g), (j), and (k); 135.3(5); 135.3(9)(b)(1)(1); 
135.4(2)(e); 135.4(3)(b), (c); 135.4(4)(c)(2) and (4); 135.4(4)(g) and 
(i); 135.4(5)(a)(7) and (8); 135.4(6)(a) through (f); 135.(4)(7); 
135.4(8)(a), (a)(4), (5), (7), (8), (9), (14), (16), (18); 135.4(8)(b), 
(b)(4), (5), (8), (9), (12), (13), (14), (17). (19); 135.4(8)(c)(1), 
(2), (3), (4), (5); 135.4(9); 135.4(11)(a)(2), (c) and (d); 
135.5(1)(e); 135.5(4)(c); 135.5(4)(d)(4); 135.5(4)(e)(8); 
135.5(4)(g)(1)(1) through (3); 135.5(4)(h)(3)(1) through (3); 
135.5(4)(h)(4) through (6); 135.5(5)(b), (d)(1) and (2); 135.6(3)(b); 
135.7(5); 135.7(5) (d)(3), (9), (10), (11); 135.7(5) (e), (f), (g); 
135.8; 135.9; 135.10; 135.11; 135.12; 135.14; 135.15(1)(b)(4) and (5); 
135.15(1)(c)(1), (4), and (5); 135.15(1)(e) and (f); 135.15(2), (2)(a) 
and (d); 135.15(3)(a) through (e); 135.15(4); 135.15(7); 135.16; 
135.17; 135.18; 135.19; 135.20; Chapter 135 Appendices A, B, C, and D.
    (2) Statement of legal authority. The ``Attorney General's 
Statement Letter'', signed by the Iowa Attorney General on December 22, 
1993, and May 9, 2023, though not incorporated by reference, are 
referenced as part of the approved underground storage tank program 
under Subtitle I of RCRA, 42 U.S.C. 6991 et seq.
    (3) Demonstration of procedures for adequate enforcement. The 
``Demonstration of Adequate Enforcement Procedures'' submitted as part 
of the original application on March 17, 1994, and as part of the 
program revision application on June 22, 2023, though not incorporated 
by reference, is referenced as part of the approved underground storage 
tank program under Subtitle I of RCRA, 42 U.S.C. 6991 et seq.
    (4) Program description. The program description and any other 
material submitted as part of the original application on March 17, 
1994, and as part of the program revision application on June 22, 2023, 
though not incorporated by reference, are referenced as part of the 
approved underground storage tank program under Subtitle I of RCRA, 42 
U.S.C. 6991 et seq.
    (5) Memorandum of Agreement. The Memorandum of Agreement between 
EPA Region 7 and the Iowa Department of Natural Resources, signed by 
the EPA Regional Administrator on April 4, 2019, though not 
incorporated by reference, is referenced as part of the approved 
underground storage tank program under Subtitle I of RCRA, 42 U.S.C. 
6991 et seq.

0
3. Appendix A to part 282 is amended by revising the entry for ``Iowa'' 
to read as follows:

Appendix A to Part 282--State Requirements Incorporated by Reference in 
Part 282 of the Code of Federal Regulations

* * * * *

Iowa

    (a) The statutory provisions include Code of Iowa Chapter 455B, 
Jurisdiction of the Department of Natural Resources, Division IV, 
Solid Waste Disposal, Part 8--Underground Storage Tanks (455B.471 et 
seq.):

455B.471(5), (6), (7), (8), (9), (11)(a) and 11(b) except for as 
indicated: 471(11)(b)(1)(c)--Iowa specifically excludes residential 
septic tanks as being underground storage tanks making them more 
stringent; and 455B.471(11)(b)(2)--Iowa specifically excluded piping 
associated with tanks used for storing heating oil for consumptive 
use on the premises where stored as being underground storage tanks 
making them more stringent.
Iowa Code 455B.473 except for 455B.473(1), (2), (3) Iowa required 
the notification for USTs taken out of operation from January 1, 
1974, to July 1, 1985, USTs that existed and still in operation on 
or before July 1, 1985, and those brought into service after July 1, 
1985, making them more stringent.

    (b) The regulatory provisions include 567 Iowa Administrative 
Chapter 135--Technical Standards and Corrective Action Requirements 
for Owners and Operators of Underground Storage Tanks and Chapter 
136--Financial Responsibility for Underground Storage Tanks:

567 Iowa Administrative Code Chapter 135--Technical Standards and 
Corrective Action Requirements for Owners and Operators of Underground 
Storage Tanks

    Iowa Administrative Code 135.2 except for the farm and 
residential tanks of 1100 gallons or less capacity used for storing 
motor fuel for noncommercial purposes component of the definition of 
underground storages tanks that requires that such tanks installed 
in Iowa after July 1, 1987, to be subject to the requirements of 567 
Iowa Administrative Code Chapter 135 making them more stringent. All 
other definitions corresponding to those listed in 40 CFR 280.12 are 
incorporated by reference.
    Iowa Administrative Code 135.1(3)(a), 135.1(3)(a)(4).

[[Page 80795]]

    Iowa Administrative Code 135.3(1), 135.3(1)(a), 
135.3(1)(a)(4)(2), 135.3(1)(b), 135.3(1)(c)(1) through (4), 
135.3(1)(d), 135.3(1)(e), 135.3(1)(f)(1) and (4), except for IAC 
135.3(1)(f)(2) and (3) language that specifies when under dispenser 
containment must be installed depending on what dispensing equipment 
is installed or replaced, what connections are made to the 
dispensers, and whether or not replaced or new piping is within 10 
feet given dispensers making them more stringent.
    Iowa Administrative Code 135.3(2)(b), 135.3(2)(c), 135.3(2)(d), 
except for IAC 135.3(3)(c) language Iowa requiring that owners must 
have tank tags affixed to the fill pipe in order to receive 
deliveries of product into the USTs they own making them more 
stringent.
    Iowa Administrative Code 135.3(3)(d)(1) through (4) except for 
IAC 135.3(3)(h) language requiring that a person installing an 
underground storage tank and the owner or operator of the 
underground storage tank must notify the department of their intent 
to install the tank 30 days prior to installation making them more 
stringent.
    Iowa Administrative Code 135.3(9), 135.3(9)(b)(2).
    Iowa Administrative Code 135.4 except for 135.4(6)(a)(2), (3); 
IAC 135.4(8)(a)(2); IAC 135.4(8)(b)(1) language that specifies the 
codes of practice to be discussed during UST Operator training 
making them more stringent.
    Iowa Administrative Code 135.4(1), 135.4(1)(b), 135.4(2)(a) 
through (d), 135.4(3), 135.4(3)(a), 135.4(4)(a), 135.4(4)(b), 
135.4(4)(c)(1) and (3), 135.4(4)(d), 135.4(4)(e), 135.4(4)(f), 
135.4(4)(h), 135.4(5)(a)(1) through (6), 135.4(5)(b), 135.4(5)(b)(8) 
and (11), 135.4(5)(c) except for IAC 135.4(6)(i) language requiring 
that C UST Operator be retrained in 15 days making them more 
stringent and except for IAC 135.4(8)(a)(12) language Iowa 
specifying what financial responsibility topics must be covered 
during Class A UST Operator Training making them more stringent.
    Iowa Administrative Code 135.4(12), 135.4(12)(c), 135.4(13), 
135.4(13)(e).
    Iowa Administrative Code 135.5(1)(a) through (d), 135.5(2), 
135.5(3), 135.5(4)(a), 135.5(4)(b), 135.5(4)(c), 135.5(4)(d)(1) 
through (3), 135.5(4)(e)(1) through (7), 135.5(4)(f), 
135.5(4)(g)(1), 135.5(4)(g)(2), 135.5(4)(h)(1) and (2), 135.5(4)(i), 
135.5(5)(a), 135.5(5)(b), 135.5(5)(c), 135.5(5)(d), 135.5(6) except 
for IAC 135.5(5)(d) language specifying the types of methods used 
for monitoring containment spaces, how often the monitoring is done, 
and containment should be kept free of liquid or debris that would 
affect the monitoring making them more stringent.
    Iowa Administrative Code 135.6(1), 135.6(2), 135.6(3)(a), 
135.6(4)(a) and (b).
    Iowa Administrative Code 135.7(2), 135.7(3), 135.7(5)(a), 
135.7(5)(b), (c), 135.7(5)(d)(1), 135.7(5)(d)(2), 135.7(5)(d)(4) 
through (8) except for IAC 135.7(5)(e) language requiring a 60-day 
timeframe for implementing and installing free product recovery 
system approved by the department making them more stringent:
    Iowa Administrative Code 135.13.
    Iowa Administrative Code 135.15(1)(a), 135.15(1)(b)(1), 
135.15(1)(b)(2), 135.15(1)(b)(3), 135.15(1)(b)(6), 135.15(1)(c)(2), 
135.15(1)(c)(3), 135.15(1)(c)(6), 135.15(1)(d) except for IAC 
135.15(1)(f) language setting requirements for returning a UST to 
service after an extended period of temporary closure making them 
more stringent.
    Iowa Administrative Code 135.15(2)(b) and (c), 135.15(3)(a) and 
(f), 135.15(5) except for IAC 135.15(2)(a) language requiring 
department approval for removals undertaken with less than 30 days 
of notice making them more stringent.

567 Iowa Administrative Code Chapter 136--Financial Responsibility for 
Underground Storage Tanks

    Iowa Administrative Code 136.1 except for 136.1(4) requiring 
that farm and residential tanks of 1,100 gallons or less capacity 
used for storing motor fuel for noncommercial purposes installed in 
Iowa after July 1, 1987, be made subject to the requirements of 567 
Iowa Administrative Code Chapter 136 making them more stringent.

Iowa Administrative Code 136.3
Iowa Administrative Code 136.4
Iowa Administrative Code 136.5
Iowa Administrative Code 136.6
Iowa Administrative Code 136.7
Iowa Administrative Code 136.8
Iowa Administrative Code 136.9
Iowa Administrative Code 136.10
Iowa Administrative Code 136.11
Iowa Administrative Code 136.12
Iowa Administrative Code 136.13
Iowa Administrative Code 136.14
Iowa Administrative Code 136.15
Iowa Administrative Code 136.16
Iowa Administrative Code 136.17
Iowa Administrative Code 136.18
Iowa Administrative Code 136.19
Iowa Administrative Code 136.20
Iowa Administrative Code 136.21
Iowa Administrative Code 136.22

    Iowa Administrative Code 136.23 except for IAC 136.23(3) 
language requiring that department receives notice of bankruptcy 
within 10 days making them more stringent.

Iowa Administrative Code 136.24
* * * * *
[FR Doc. 2024-22912 Filed 10-3-24; 8:45 am]
BILLING CODE 6560-50-P


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