80788 Federal Register / Vol. 89, No. 193 / Friday, October 4, 2024 / Rules and Regulations 

(ii) Section 170.309(f) through (j). 

(iii) Section 170.311. 

(iv) Section 170.401. 

(v) Section 170.403. 

(vi) Sections 170.405(a)(2) and 

170.505(b), but only in regard to 

owner(s) of the establishment and their 

immediate family members who remain 

inside closed buildings, housing, or 

shelters. This exception also applies to 

handlers (regardless of whether they are 

immediate family members) who have 

been expressly instructed by the 

owner(s) of the establishment that: 

(A) Only the owner(s) or their 

immediate family members remain 

inside the closed building, housing, or 

shelter, and 

(B) The application should proceed 

despite the presence of the owner(s) or 

their immediate family members 

remaining inside the closed buildings, 

housing, or shelters. 

(vii) Section 170.409. 

(viii) Sections 170.411 and 170.509. 

(ix) Section 170.501. 

(x) Section 170.503. 

(xi) Section 170.505(c) and (d). 

(xii) Section 170.507(c) through (e). 

(xiii) Section 170.605(a) through (c), 

and (e) through (j). 

* * * * * 

[FR Doc. 2024–22832 Filed 10–3–24; 8:45 am] 

BILLING CODE P 

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. 

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: pomes.michael@epa.gov. 

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; 

sena.angela@epa.gov. 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; pomes.michael@

epa.gov. 

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 


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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 Notification ............................................... 567 Iowa Admin. Code 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 Notification continued . . . ...................... 567 Iowa Admin. Code 135.4(5)(a)(1) through (6). 

IAC 135.21(1)(a). 

IAC 135.21(2)(a). 

40 CFR 281.31, Upgrading Existing UST Systems .................................................. 567 Iowa Admin. Code 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). 


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Required Federal element Implementing State authority 

40 CFR 281.32, General Operating Requirements .................................................. 567 Iowa Admin. Code 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, Investigation, and Confirmation ..................... 567 Iowa Admin. Code 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 Corrective Action ..................................... 567 Iowa Admin. Code 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 Corrective Action Continued . . . ........... 567 Iowa Admin. Code 135.13. 

40 CFR 281.36, Out-of-service Systems and Closure ............................................. 567 Iowa Admin. Code 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 for USTs Containing Petroleum .............. 567 Iowa Admin. Code 136.4. 

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 Enforcement Response ................................ Iowa Code 17(A)(19)(10)(f). 

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, 


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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 


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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/lawsregulations/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. 


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Federal Register / Vol. 89, No. 193 / Friday, October 4, 2024 / Rules and Regulations 80793 

E. Executive Order 13175: Consultation 

and Coordination With Indian Tribal 

Governments 

This action approves and codifies preexisting 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 

■ 1. The authority citation for part 282 

continues to read as follows: 

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

and 6991e. 

■ 2. Revise § 282.65 to read as follows: 

§ 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 


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80794 Federal Register / Vol. 89, No. 193 / Friday, October 4, 2024 / Rules and Regulations 

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 

§ 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/EnvironmentalProtection/Land-Quality/UndergroundStorage-Tanks/UST-LUST-Regulations 

for 567 Iowa Administrative Code 

regulations and https://

www.legis.iowa.gov/law/administrative

Rules/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. 

■ 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). 


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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 

DEPARTMENT OF COMMERCE 

National Oceanic and Atmospheric 

Administration 

50 CFR Part 648 

[Docket No. 231215–0305; RTID 0648– 

XE352] 

Fisheries of the Northeastern United 

States; Summer Flounder Fishery; 

Quota Transfer From North Carolina to 

Rhode Island 

AGENCY: National Marine Fisheries 

Service (NMFS), National Oceanic and 

Atmospheric Administration (NOAA), 

Commerce. 

ACTION: Temporary rule; quota transfer. 

SUMMARY: NMFS announces that the 

State of North Carolina is transferring a 

portion of its 2024 commercial summer 

flounder quota to the State of Rhode 

Island. This adjustment to the 2024 

fishing year quota is necessary to 

comply with the Summer Flounder, 

Scup, and Black Sea Bass Fishery 

Management Plan (FMP) quota transfer 

provisions. This announcement informs 

the public of the revised 2024 

commercial quotas for North Carolina 

and Rhode Island. 

DATES: Effective October 3, 2024 

through December 31, 2024. 

FOR FURTHER INFORMATION CONTACT: 

Matthew Rigdon, Fishery Management 

Specialist, (978) 281–9336. 

SUPPLEMENTARY INFORMATION: 

Regulations governing the summer 

flounder fishery are found in 50 CFR 

648.100 through 648.111. These 

regulations require annual specification 

of a commercial quota that is 

apportioned among the coastal states 

from Maine through North Carolina. The 

process to set the annual commercial 

quota and the percent allocated to each 

state is described in § 648.102, and the 

final 2024 allocations were published 

on December 21, 2023 (88 FR 88266). 

The final rule implementing 

Amendment 5 to the FMP, as published 

in the Federal Register on December 17, 

1993 (58 FR 65936), provided a 

mechanism for transferring summer 

flounder commercial quota from one 

state to another. Two or more states, 

under mutual agreement and with the 

concurrence of the NMFS Greater 

Atlantic Regional Administrator, can 

transfer or combine summer flounder 

commercial quota under § 648.102(c)(2). 

The Regional Administrator is required 

to consider three criteria in the 

evaluation of requests for quota transfers 

or combinations: (1) the transfers or 

combinations would not preclude the 

overall annual quota from being fully 

harvested; (2) the transfers address an 

unforeseen variation or contingency in 

the fishery; and (3) the transfers are 

consistent with the objectives of the 

FMP and the Magnuson-Stevens Fishery 

Conservation and Management Act 

(Magnuson-Stevens Act). The Regional 

Administrator has determined these 

three criteria have been met for the 

transfer approved in this notification. 

North Carolina is transferring 1,835 

pounds (lb; 832 kilograms (kg)) to Rhode 

Island through a mutual agreement 

between the states. This transfer was 

requested to repay landings made by an 


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