Federal Register / Vol. 87, No. 16 / Tuesday, January 25, 2022 / Rules and Regulations 3679 

Requirements for the Atlanta Area’’ after 

the entry for ‘‘2008 8-hour ozone 

Maintenance Plan for the Atlanta Area, 

Revision for the Removal of 

Transportation Control Measures’’ to 

read as follows: 

§ 52.570 Identification of plan. 

* * * * * 

(e) * * * 

EPA-APPROVED GEORGIA NON-REGULATORY PROVISIONS

Name of nonregulatory SIP 

provision 

Applicable geographic or 

nonattainment area 

State submittal 

date/effective 

date 

EPA approval date Explanation 

*******

2015 8-hour Ozone NAAQS Nonattainment New Source Review 

Requirements for the Atlanta 

Area.

Bartow, Clayton, Cobb, DeKalb, 

Fulton, Gwinnett, and Henry 

Counties.

7/2/2020 1/25/2022, [Insert citation of publication].

* * * * * * * 

[FR Doc. 2022–01299 Filed 1–24–22; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 141 

[EPA–HQ–OW–2020–0530; FRL–6791–05– 

OW] 

RIN 2040–AF89 

Revisions to the Unregulated 

Contaminant Monitoring Rule (UCMR 

5) for Public Water Systems and 

Announcement of Public Meetings; 

Technical Corrections 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Final rule and notice of public 

meetings; correction. 

SUMMARY: The U.S. Environmental 

Protection Agency (EPA) is making 

minor, non-substantive changes to a 

final rule, ‘‘Revisions to the Unregulated 

Contaminant Monitoring Rule (UCMR 5) 

for Public Water Systems and 

Announcement of Public Meetings,’’ 

that appeared in the Federal Register on 

December 27, 2021. These corrections 

do not change any final action taken by 

EPA on December 27, 2021; rather, they 

simply clarify the amendatory 

instructions. 

DATES: Effective January 26, 2022. 

FOR FURTHER INFORMATION CONTACT: 

Brenda D. Bowden, Standards and Risk 

Management Division (SRMD), Office of 

Ground Water and Drinking Water 

(OGWDW) (MS 140), Environmental 

Protection Agency, 26 West Martin 

Luther King Drive, Cincinnati, Ohio 

45268; telephone number: (513) 569– 

7961; email address: bowden.brenda@

epa.gov; or Melissa Simic, SRMD, 

OGWDW (MS 140), Environmental 

Protection Agency, 26 West Martin 

Luther King Drive, Cincinnati, Ohio 

45268; telephone number: (513) 569– 

7864; email address: simic.melissa@

epa.gov. For general information, visit 

the Ground Water and Drinking Water 

web page at: https://www.epa.gov/ 

ground-water-and-drinking-water. 

SUPPLEMENTARY INFORMATION: Section 

553(b)(B) of the Administrative 

Procedure Act, 5 U.S.C. 553(b)(B), 

provides that, when an agency for good 

cause finds that public notice and 

comment procedures are impracticable, 

unnecessary, or contrary to the public 

interest, the agency may issue a rule 

without providing notice and an 

opportunity for public comment. EPA 

has determined that there is good cause 

for making this rule final without 

proposal and opportunity for comment 

because such notice and opportunity for 

comment is unnecessary for the 

following reasons: EPA is making 

minor, non-substantive changes to a 

final rule, ‘‘Revisions to the Unregulated 

Contaminant Monitoring Rule (UCMR 5) 

for Public Water Systems,’’ that 

appeared in the Federal Register on 

December 27, 2021. These corrections 

do not change any final action taken by 

EPA on December 27, 2021; rather, they 

simply clarify the logistical instructions 

to the Office of the Federal Register to 

amend 40 CFR part 141. Thus, notice 

and comment is unnecessary because 

the public has previously had the 

opportunity to comment on the 

proposed action finalized on December 

27, 2021. 

Corrections 

In FR Doc. 2021–27858 appearing on 

page 73131 in the Federal Register of 

Monday, December 27, 2021, the 

following corrections are made: 

§ 141.35 [Corrected] 

■ 1. On page 73151, in the second 

column, in part 141, instruction 2.a, ‘‘In 

paragraph (a), revise the fourth 

sentence;’’ is corrected to read ‘‘In 

paragraph (a), revise the third 

sentence;’’. 

■ 2. On page 73151, in the third column, 

in part 141, instruction 2.d, ‘‘In 

paragraph (d)(2), revise the first, second, 

and third sentences; and’’ is corrected to 

read ‘‘In paragraph (d)(2), revise the 

heading and the first and second 

sentences; and’’. 

§ 141.40 [Corrected] 

■ 3. On page 73155, in the first column, 

in part 141, instructiont 3.d, ‘‘Revise 

paragraphs (a)(4)(i)(A) through (C), 

(a)(4)(ii) introductory text, and the first 

sentence in paragraph (a)(4)(ii)(A);’’ is 

corrected to read ‘‘Revise paragraphs 

(a)(4)(i)(A) through (C), (a)(4)(ii) 

introductory text, and paragraph 

(a)(4)(ii)(A);’’. 

■ 4. On page 73155, in the second 

column, in part 141, instruction 3.f, ‘‘In 

paragraph (a)(5)(ii), revise the fifth and 

sixth sentences;’’ is corrected to read ‘‘In 

paragraph (a)(5)(ii), revise the fourth 

and fifth sentences;’’. 

Radhika Fox, 

Assistant Administrator. 

[FR Doc. 2022–01383 Filed 1–24–22; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 282 

[EPA–R04–UST–2020–0696; FRL–9057–02– 

R4] 

Commonwealth of Kentucky: 

Codification and Incorporation by 

Reference of Approved State 

Underground Storage Tank Program 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Direct final rule. 


khammond on DSKJM1Z7X2PROD with RULES
3680 Federal Register / Vol. 87, No. 16 / Tuesday, January 25, 2022 / Rules and Regulations 

SUMMARY: The Resource Conservation 

and Recovery Act of 1976 (RCRA), as 

amended, authorizes the Environmental 

Protection Agency (EPA) to grant 

approval to States to operate their 

underground storage tank (UST) 

programs in lieu of the Federal program. 

The Commonwealth of Kentucky 

(Commonwealth or State) applied to the 

EPA for final approval of its UST 

Program on October 7, 2019, and on 

September 16, 2020, the EPA published 

a final determination and approval of 

the Commonwealth’s UST Program. 

This action codifies the EPA’s prior 

approval of the Commonwealth’s UST 

Program, and incorporates by reference 

approved provisions of the State’s 

statutes and regulations. 

DATES: This rule is effective March 28, 

2022, unless the EPA receives adverse 

comment by February 24, 2022. If the 

EPA receives adverse comment, it will 

publish a timely withdrawal in the 

Federal Register informing the public 

that the rule will not take effect. The 

incorporation by reference of certain 

publications listed in the regulations is 

approved by the Director of the Federal 

Register as of March 28, 2022. 

ADDRESSES: Comments may be 

submitted by one of the following 

methods: 

• Federal eRulemaking Portal: 

https://www.regulations.gov (our 

preferred method). Follow the online 

instructions for submitting comments. 

• Email: singh.ben@epa.gov. Include 

the Docket ID No. EPA–R04–UST–2020– 

0696 in the subject line of the message. 

Instructions: Submit your comments, 

identified by Docket ID No. EPA–R04– 

UST–2020–0696, via the Federal 

eRulemaking Portal at https://

www.regulations.gov. Follow the online 

instructions for submitting comments. 

Once submitted, comments cannot be 

edited or removed from https://

www.regulations.gov. The EPA may 

publish any comment received to its 

public docket. Do not submit 

electronically any information you 

consider to be Confidential Business 

Information (CBI) or other information 

whose disclosure is restricted by statute. 

Multimedia submissions (audio, video, 

etc.) must be accompanied by a written 

comment. The written comment is 

considered the official comment and 

should include discussion of all points 

you wish to make. The EPA will 

generally not consider comments or 

comment contents located outside of the 

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

cloud, or other file sharing system). For 

additional submission methods, the full 

EPA public comment policy, 

information about CBI or multimedia 

submissions, and general guidance on 

making effective comments, please visit: 

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

commenting-epa-dockets. 

Out of an abundance of caution for 

members of the public and our staff, the 

public’s access to the EPA Region 4 

Offices is by appointment only to 

reduce the risk of transmitting COVID– 

19. We encourage the public to submit 

comments via https://

www.regulations.gov or via email. The 

EPA encourages electronic comment 

submittals, but if you are unable to 

submit electronically or need other 

assistance, please contact Ben Singh, the 

contact listed in the FOR FURTHER

INFORMATION CONTACT provision below. 

The index to the docket for this action 

is available electronically at https://

www.regulations.gov. The documents 

that form the basis of this codification 

and associated publicly available docket 

materials are available for review on the 

https://www.regulations.gov website. 

The EPA encourages electronic 

reviewing of these documents, but if 

you are unable to review these 

documents electronically, please contact 

Ben Singh to schedule an appointment 

to view the documents at the Region 4 

Offices. Interested persons wanting to 

examine these documents should make 

an appointment at least two weeks in 

advance. The EPA Region 4 requires all 

visitors to adhere to the COVID–19 

protocol. Please contact Ben Singh for 

the COVID–19 protocol requirements 

prior to your appointment. 

Please also contact Ben Singh if you 

need assistance in a language other than 

English or if you are a person with 

disabilities who needs a reasonable 

accommodation at no cost to you. For 

further information on the EPA Docket 

Center services and the current status, 

please visit us online at https://

www.epa.gov/dockets. 

The EPA continues to carefully and 

continuously monitor information from 

the Centers for Disease Control and 

Prevention, local area health 

departments, and our Federal partners 

so that we can respond rapidly as 

conditions change regarding COVID–19. 

FOR FURTHER INFORMATION CONTACT: Ben 

Singh, RCRA Programs and Cleanup 

Branch, Land, Chemicals and 

Redevelopment Division, U.S. 

Environmental Protection Agency, 

Region 4, Atlanta Federal Center, 61 

Forsyth Street SW, Atlanta, Georgia 

30303–8960; Phone number: (404) 562– 

8922; email address: singh.ben@epa.gov. 

Please contact Ben Singh by phone or 

email for further information. 

SUPPLEMENTARY INFORMATION: 

I. Codification 

Codification is the process of placing 

citations and references to a State’s 

statutes and regulations that comprise a 

State’s approved UST program into the 

Code of Federal Regulations (CFR). The 

EPA codifies its approval of State 

programs in 40 CFR part 282 and 

incorporates by reference State statutes 

and regulations that the EPA can 

enforce, after the approval is final, 

under sections 9005 and 9006 of RCRA, 

and any other applicable statutory 

provisions. The incorporation by 

reference of the EPA-approved State 

programs in the CFR should 

substantially enhance the public’s 

ability to discern the status of the 

approved State UST programs and State 

requirements that can be federally 

enforced. This effort provides clear 

notice to the public of the scope of the 

approved program in each State. 

A. For what has the Commonwealth 

previously been approved? 

On September 16, 2020, the EPA 

published a notice in the Federal 

Register announcing its decision to 

grant final approval to the 

Commonwealth to operate its UST 

Program as described in an October 7, 

2019 State Application (85 FR 57754). 

The State UST Program regulations were 

amended effective April 5, 2019, and 

included revisions which correspond to 

the EPA final rule published on July 15, 

2015 (80 FR 41566), which revised the 

1988 UST regulations and the 1988 

State program approval (SPA) 

regulations (2015 Federal Revisions). As 

a result of the EPA’s approval, these 

provisions became subject to the EPA’s 

corrective action, inspection, and 

enforcement authorities under RCRA 

sections 9003(h), 9005, and 9006, 42 

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

other applicable statutory and 

regulatory provisions. 

B. What codification decision has the 

EPA made in this rule? 

In this rule, the EPA is finalizing 

regulatory text that incorporates by 

reference the federally approved 

Kentucky UST Program. In accordance 

with the requirements of 1 CFR 51.5, the 

EPA is incorporating by reference the 

Commonwealth’s statutes and 

regulations as described in the 

amendments to 40 CFR part 282 set 

forth below. These documents are 

available through https://

www.regulations.gov. This codification 

reflects the State UST Program in effect 

at the time the EPA granted its approval 

of the Kentucky UST Program, and only 

the EPA-approved provisions of the 


khammond on DSKJM1Z7X2PROD with RULES
Federal Register / Vol. 87, No. 16 / Tuesday, January 25, 2022 / Rules and Regulations 3681 

Kentucky UST Program will be 

incorporated by reference. 

To codify the EPA’s approval of 

Kentucky’s UST Program, the EPA has 

added section 282.67 to Title 40 of the 

CFR. More specifically, in 40 CFR 

282.67(d)(1)(i), the EPA is incorporating 

by reference the EPA-approved 

Kentucky UST Program. Section 

282.67(d)(1)(ii) identifies the State’s 

statutes and regulations that are part of 

the approved State UST Program, 

although not incorporated by reference 

for enforcement purposes, unless they 

impose obligations on regulated entities. 

Section 282.67(d)(1)(iii) identifies the 

State’s statutory and regulatory 

provisions that are broader in scope or 

external to the State’s approved UST 

Program and therefore not incorporated 

by reference. Section 282.67(d)(2) 

through (d)(5) reference the Attorney 

General’s Statement, Demonstration of 

Adequate Enforcement Procedures, 

Program Description, and Memorandum 

of Agreement, which are part of the 

State Application and part of the UST 

Program under subtitle I of RCRA. 

C. What is the effect of the EPA’s 

codification of the federally approved 

Kentucky UST Program on enforcement? 

The EPA retains the authority under 

sections 9003(h), 9005, and 9006 of 

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

6991d, and 6991e, and other applicable 

statutory and regulatory provisions, to 

undertake corrective action, inspections, 

and enforcement actions, and to issue 

orders in approved States. If the EPA 

determines it will take such actions in 

Kentucky, the EPA will rely on Federal 

sanctions, Federal inspection 

authorities, and other Federal 

procedures rather than the State 

analogs. Therefore, the EPA is not 

incorporating by reference the 

Commonwealth’s procedural and 

enforcement authorities, although they 

are listed in 40 CFR 282.67(d)(1)(ii) and 

were previously considered by the EPA 

in determining the adequacy of 

Kentucky’s enforcement authority. The 

Commonwealth’s authority to inspect 

and enforce the State’s UST Program 

continues to operate independently 

under State law. 

D. What State provisions are not part of 

the codification? 

Some provisions of the State’s UST 

Program are not part of the federally 

approved State UST Program. Where an 

approved State program has provisions 

that are broader in scope than the 

Federal program, those provisions are 

not a part of the federally approved 

program. As a result, State provisions 

which are broader in scope than the 

Federal program are not incorporated by 

reference for purposes of enforcement in 

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

addition, provisions that are external to 

the State UST Program approval 

requirements, but included in the State 

Application, are also being excluded 

from incorporation by reference in part 

282. For reference and clarity, 40 CFR 

282.67(d)(1)(iii) lists the Kentucky 

statutory and regulatory provisions 

which are broader in scope than the 

Federal program or external to State 

UST program approval requirements. 

These provisions are, therefore, not part 

of the approved UST Program that the 

EPA is codifying. Although these 

provisions cannot be enforced by the 

EPA, the State will continue to 

implement and enforce such provisions 

under State law. 

E. Why is the EPA using a direct final 

rule? 

The EPA is publishing this direct final 

rule without a prior proposed rule 

because we view this action as 

noncontroversial and anticipate no 

adverse comment. Notice and 

opportunity for comment were provided 

earlier on the EPA’s decision to approve 

the Kentucky program, and the EPA is 

not now reopening that decision nor 

requesting comment on it. 

F. What happens if the EPA receives 

comments that oppose this codification? 

Along with this direct final rule, the 

EPA is simultaneously publishing a 

separate document in the ‘‘Proposed 

Rules’’ section of this Federal Register 

that serves as the proposal to codify the 

State’s UST Program, and provides an 

opportunity for public comment. If the 

EPA receives comments that oppose this 

codification, the EPA will withdraw this 

direct final rule by publishing a 

document in the Federal Register before 

it becomes effective. The EPA will make 

any further decision on codification of 

the State UST Program after considering 

all comments received during the 

comment period. The EPA will then 

address all public comments in a later 

final rule. 

II. Statutory and Executive Order 

Review 

This action merely codifies 

Kentucky’s UST Program that the EPA 

has previously approved pursuant to 

RCRA Section 9004 and does not 

impose additional requirements other 

than those imposed by State law. For 

these reasons, this action: 

• Is not a significant regulatory action 

and has been exempted from review by 

the Office of Management and Budget 

under Executive Orders 12866 (58 FR 

51735, October 4, 1993) and 13563 (76 

FR 3821, January 21, 2011); 

• Does not impose an information 

collection burden under the provisions 

of the Paperwork Reduction Act (44 

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

• Is certified as not having a 

significant economic impact on a 

substantial number of small entities 

under the Regulatory Flexibility Act (5 

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

• Does not contain any unfunded 

mandate or significantly or uniquely 

affect small governments, as described 

in the Unfunded Mandates Reform Act 

of 1995 (Pub. L. 104–4); 

• Does not have federalism 

implications as specified in Executive 

Order 13132 (64 FR 43255, August 10, 

1999); 

• Is not an economically significant 

regulatory action based on health or 

safety risks subject to Executive Order 

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

• Is not subject to Executive Order 

13211 (66 FR 28355, May 22, 2001) 

because it is not a ‘‘significant 

regulatory action’’ under Executive 

Order 12866 (58 FR 51735, October 4, 

1993); 

• Is not subject to the requirements of 

section 12(d) of the National 

Technology Transfer and Advancement 

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

application of those requirements would 

be inconsistent with RCRA; 

• Does not provide the EPA with the 

discretionary authority to address, as 

appropriate, disproportionate human 

health or environmental effects, using 

practicable and legally permissible 

methods, under Executive Order 12898 

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

• Does not apply on any Indian 

reservation land or in any other area 

where the EPA or an Indian tribe has 

demonstrated that a tribe has 

jurisdiction. The rule does not have 

tribal implications as specified by 

Executive Order 13175 (65 FR 67249, 

November 9, 2000), nor will it impose 

substantial direct costs on tribal 

governments or preempt tribal law. 

As required by section 3 of Executive 

Order 12988 (61 FR 4729, February 7, 

1996), in issuing this rule, the EPA has 

taken the necessary steps to eliminate 

drafting errors and ambiguity, minimize 

potential litigation, and provide a clear 

legal standard for affected conduct. 

The Congressional Review Act, 5 

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

Business Regulatory Enforcement 

Fairness Act of 1996, generally provides 

that before a rule may take effect, the 

agency promulgating the rule must 

submit a rule report, which includes a 

copy of the rule, to each House of the 

Congress and to the Comptroller General 


khammond on DSKJM1Z7X2PROD with RULES
3682 Federal Register / Vol. 87, No. 16 / Tuesday, January 25, 2022 / Rules and Regulations 

of the United States. The EPA will 

submit a report containing this 

document and other required 

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

House of Representatives, and the 

Comptroller General of the United 

States prior to publication in the 

Federal Register. A major rule cannot 

take effect until 60 days after it is 

published in the Federal Register. This 

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

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

be effective March 28, 2022. 

List of Subjects in 40 CFR Part 282 

Administrative practice and 

procedure, Environmental protection, 

Hazardous substances, Incorporation by 

reference, Petroleum, Reporting and 

recordkeeping requirements, State 

program approval, and Underground 

storage tanks. 

Authority: This action is issued under the 

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

9005 and 9006 of the Solid Waste Disposal 

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

6991c, 6991d, and 6991e. 

Dated: January 18, 2022. 

Daniel Blackman, 

Regional Administrator, Region 4. 

For the reasons set forth in the 

preamble, the EPA is amending 40 CFR 

part 282 as follows: 

PART 282—APPROVED 

UNDERGROUND STORAGE TANK 

PROGRAMS 

■ 1. The authority citation for part 282 

continues to read as follows: 

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

and 6991e. 

Subpart B—Approved State Programs 

■ 2. Add § 282.67 to read as follows: 

§ 282.67 Kentucky State-Administered 

Program. 

(a) History of the approval of 

Kentucky’s UST Program. The 

Commonwealth of Kentucky 

(Commonwealth or Kentucky) is 

approved to administer and enforce an 

underground storage tank (UST) 

program in lieu of the federal program 

under subtitle I of the Resource 

Conservation and Recovery Act of 1976 

(RCRA), as amended, 42 U.S.C. 6991 et 

seq. The State’s UST Program, as 

administered by the Kentucky 

Department for Environmental 

Protection (KDEP), was approved by the 

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

part 281 of this chapter. The EPA 

published the notice of final 

determination approving the Kentucky 

UST Program on September 16, 2020, 

and that approval became effective 

immediately. 

(b) Enforcement authority. Kentucky 

has primary responsibility for enforcing 

its UST Program. However, the EPA 

retains the authority to exercise its 

corrective action, inspection, and 

enforcement authorities under sections 

9003(h), 9005, and 9006 of subtitle I of 

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

6991e, as well as under other statutory 

and regulatory provisions. 

(c) Retention of program approval. To 

retain program approval, Kentucky must 

revise its approved UST Program to 

adopt new changes to the federal 

subtitle I program which make it more 

stringent, in accordance with section 

9004 of RCRA, 42 U.S.C. 6991c, and 40 

CFR part 281, subpart E. If Kentucky 

obtains approval for revised 

requirements pursuant to section 9004 

of RCRA, 42 U.S.C. 6991c, the newly 

approved statutory and regulatory 

provisions will be added to this subpart 

and notice of any change will be 

published in the Federal Register. 

(d) Final approval. Kentucky has final 

approval for the following elements 

submitted to the EPA and approved 

effective September 16, 2020. 

(1) State statutes and regulations—(i) 

Incorporation by reference. The 

Kentucky materials cited in this 

paragraph and listed in appendix A to 

this part, are incorporated by reference 

as part of the UST Program under 

subtitle I of RCRA, 42 U.S.C. 6991 et 

seq. The Director of the Federal Register 

approves this incorporation by reference 

in accordance with 5 U.S.C. 552(a) and 

1 CFR part 51. You may access copies 

of the Kentucky statutes and regulations 

that are incorporated by reference from 

the Kentucky Department for 

Environmental Protection, Underground 

Storage Tank Branch, 300 Sower 

Boulevard, 2nd Floor, Frankfort, 

Kentucky 40601. You may also access 

copies of the statues and regulations 

that are incorporated by reference from 

the Kentucky Legislative Research 

Commission at the following website: 

https://legislature.ky.gov/Pages/ 

index.aspx. You may inspect all 

approved material at the EPA Region 4, 

61 Forsyth Street SW, Atlanta, Georgia 

30303; Phone number: (404) 562–9900; 

or the National Archives and Records 

Administration (NARA), email: 

fr.inspection@nara.gov; website: https:// 

www.archives.gov/federal-register/cfr/ 

ibr-locations.html. 

(A) Kentucky Statutory Requirements 

Applicable to the Underground Storage 

Tank Program, dated September 10, 

2021. 

(B) Kentucky Regulatory 

Requirements Applicable to the 

Underground Storage Tank Program, 

dated September 10, 2021. 

(ii) Legal basis. The EPA considered 

the following statutes and regulations 

which provide the legal basis for the 

State’s implementation of the UST 

Program, but these provisions do not 

replace Federal authorities. Further, 

these provisions are not incorporated by 

reference, unless the provisions place 

requirements on regulated entities. 

(A) Kentucky Revised Statutes (KRS), 

Chapter 61, subchapters 870 to 884 

(2018)—insofar as these provisions 

relate to authorities enabling public 

participation and the sharing of 

information. 

(B) Kentucky Revised Statutes (KRS), 

Chapter 224 (2017): 

(1) KRS 224.1–400(9) and (11), insofar 

as these provisions provide authority for 

release reporting and notification to 

KDEP. 

(2) KRS 224.10–100(5), (10), and (28), 

insofar as these provisions relate to the 

general powers and duties of KDEP to 

prevent pollution, conduct inspections 

and compliance monitoring, and 

promulgate UST regulations. 

(3) KRS 224.10–410, insofar as it 

relates to the authority of KDEP to issue 

an order for corrective measures without 

a hearing. 

(4) KRS 224.10–420(2), insofar as it 

relates to the administrative processes 

governing enforcement proceedings and 

public participation in the enforcement 

process. 

(5) KRS 224.10–440, insofar as it 

relates to regulations governing the 

procedural requirements for 

administrative hearings. 

(6) KRS 224.60–105(2)–(4), insofar as 

these provisions relate to the general 

authority of KDEP to regulate USTs and 

the preemption of local laws, 

ordinances, and regulations. 

(7) KRS 224.60–120(6), insofar as it 

relates to the authority of KDEP to 

promulgate administrative regulations 

for implementing financial 

responsibility requirements. 

(8) KRS 224.60–135(1), (2), and (4), 

insofar as these provisions relate to the 

authority of KDEP to require or initiate 

corrective action for releases into the 

environment. 

(9) KRS 224.60–137(3), insofar as it 

relates to the duty of KDEP to develop 

standards for corrective action. 

(10) KRS 224.60–138, insofar as it 

relates to the duties of KDEP to 

determine whether corrective action for 

a release from or closure of a petroleum 

UST has been completed. 

(11) KRS 224.60–155, insofar as it 

relates to the authority of KDEP to 

assess a civil penalty for failure to 


khammond on DSKJM1Z7X2PROD with RULES
Federal Register / Vol. 87, No. 16 / Tuesday, January 25, 2022 / Rules and Regulations 3683 

comply with the administrative 

regulations. 

(12) KRS 224.99–010(9), insofar as it 

applies to KRS 224.1–400, and relates to 

the authority to assess a civil penalty 

and the concurrent jurisdiction and 

venue of the Franklin Circuit Court. 

(13) KRS 224.99–020, insofar as it 

relates to the authority to commence an 

enforcement action to require 

compliance, or recovery of penalties or 

costs. 

(C) Kentucky Rules of Civil Procedure, 

Rule 24, insofar as it provides for public 

participation in the State enforcement 

process, including intervention. 

(D) 401 Kentucky Administrative 

Regulations (KAR) 42:020 (2019)— 

Section 18, insofar as it relates to the 

authority of KDEP to implement 

delivery prohibition. 

(E) 400 Kentucky Administrative 

Regulations (KAR) Chapter 1 (2018): 

(1) 400 KAR 1:090, insofar as it 

establishes procedures for 

administrative hearings to enforce 

compliance, and provides for public 

participation. 

(2) 400 KAR 1:100, insofar as it 

contains the general administrative 

hearing practice provisions governing 

matters brought to enforce compliance 

with the UST Program. 

(iii) Other provisions not incorporated 

by reference. The following statutory 

and regulatory provisions are broader in 

scope than the federal program or 

external to the State UST program 

approval requirements. Therefore, these 

provisions are not part of the approved 

program, and are not incorporated by 

reference herein: 

(A) Kentucky Revised Statutes (KRS) 

Chapter 224: 

(1) KRS 224.60–110 is external insofar 

as it contains the Kentucky General 

Assembly’s legislative intent with 

respect to the regulation of petroleum 

underground storage tanks. 

(2) KRS 224.60–130 is broader in 

scope insofar as it relates to the 

administration of the petroleum storage 

tank environmental assurance fund. 

(3) KRS 224.60–135(3) is external 

insofar as it relates to the obligation of 

KDEP to notify the UST owner or 

operator prior to initiating or 

contracting for corrective action. 

(4) KRS 224.60–135(5) is broader in 

scope insofar as it relates to the 

authority of the State Fire Marshal to 

promulgate regulations requiring 

persons who install, repair, close or 

remove USTs to demonstrate financial 

assurance. 

(5) KRS 224.60–137(1), (2), and (4) are 

external insofar as they relate to 

contracting with the University of 

Kentucky for the purpose of updating 

standards for corrective action and for 

the Cabinet to develop an inventory of 

facilities eligible for reimbursement. 

(6) KRS 224.60–140 is broader in 

scope insofar as it relates to the creation 

and administration of a petroleum 

storage tank environmental assurance 

fund. 

(7) KRS 224.60–142 is broader in 

scope insofar as it relates to UST 

registration requirements applicable to 

participation in the petroleum storage 

tank environmental assurance fund. 

(8) KRS 224.60–145 is broader in 

scope insofar as it relates to the 

establishment of an environmental 

assurance fee and deposit fee, and 

insofar as it relates to administration of 

accounts in the petroleum storage tank 

environmental assurance fund. 

(9) KRS 224.60–150 is broader in 

scope insofar as it relates to the 

authority to levy and collect a fee from 

owners or operators of USTs for the 

purpose of funding the administration 

of the UST Program. 

(10) KRS 224.60–160 is external 

insofar as it relates to the severability of 

any provision of the statute. 

(B) 401 Kentucky Administrative 

Regulations (KAR) Chapter 42: 

(1) 401 KAR 42:020 

(i) Section 2(1)(b) is external insofar as 

it relates to the attendance of a KDEP 

representative during installation. 

(ii) Sections 2(2)–(6) are broader in 

scope insofar as they relate to UST 

registration requirements. 

(iii) Section 2(7)(c) is broader in scope 

insofar as it relates to the submittal of 

an amended UST Registration Form for 

UST sale. 

(iv) Sections 2(8)–(9) are broader in 

scope insofar as they relate to 

registration requirements and the 

collection of annual fees. 

(v) Section 3(1) is broader in scope 

insofar as it relates to the submittal of 

an amended UST Registration Form for 

temporary closure. 

(vi) Section 7 is broader in scope 

insofar as it places requirements on 

shear valves, components that are not 

UST system components. 

(vii) Sections 11(4) and (9) are broader 

in scope insofar as they place 

certification and qualification 

requirements directly on corrosion 

prevention, protection, and repair 

contractors. 

(viii) Section 13(2) is broader in scope 

insofar as it requires repair contractors 

to be certified by the State Fire Marshal. 

(ix) Sections 15(6) and (7) are broader 

in scope insofar as they place 

qualification requirements directly on 

system equipment testers to validate 

equipment test results. 

(x) Section 22 is external insofar as it 

relates to the authority of KDEP to 

extend compliance deadlines. 

(2) 401 KAR 42:060 

(i) Section 2 is external insofar as it 

relates to the authority of the 

Environmental Response Team during 

environmental emergencies. 

(ii) Section 7 is external insofar as it 

relates to classification of UST facilities 

following closure or a release. 

(iii) Section 8 is external insofar as it 

relates to the authority of KDEP to issue 

a no further action letter. 

(iv) Section 9 is external insofar as it 

relates to the authority of KDEP to 

extend compliance deadlines. 

(3) 401 KAR 42:250 is broader in 

scope insofar as it establishes eligibility 

requirements and procedures for the 

petroleum storage tank environmental 

assurance fund. 

(4) 401 KAR 42:330 is broader in 

scope insofar as it establishes the 

eligibility requirements and rates for 

reimbursement from the Small Owners 

Tank Removal Account. 

(2) Statement of legal authority. The 

Attorney General’s statement, signed by 

the General Counsel for the Kentucky 

Energy and Environment Cabinet on 

September 23, 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) Demonstration of procedures for 

adequate enforcement. The 

‘‘Demonstration of Adequate 

Enforcement Procedures’’ submitted as 

part of the original application on 

October 7, 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. 

(4) Program description. The program 

description and any other material 

submitted as part of the original 

application on October 7, 2019, 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 4 and the Energy and 

Environment Cabinet, Kentucky 

Department for Environmental 

Protection, signed by the EPA Regional 

Administrator on August 18, 2020, 

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. 


khammond on DSKJM1Z7X2PROD with RULES
3684 Federal Register / Vol. 87, No. 16 / Tuesday, January 25, 2022 / Rules and Regulations 

■ 3. Amend appendix A to part 282 by 

adding an entry for ‘‘Kentucky’’ to read 

as follows: 

Appendix A to Part 282—State 

Requirements Incorporated by 

Reference in Part 282 of the Code of 

Federal Regulations 

* * * * * 

Kentucky 

(a) The statutory provisions include: 

(1) Kentucky Revised Statutes (KRS) 

Chapter 224. 

224.60–100 Underground storage tanks 

and regulated substances defined. 

224.60–105(1) Registration of 

underground storage tanks—Programs to 

regulate tanks. 

224.60–115 Definitions for KRS 224.60– 

120 to 224.60–150. 

224.60–120 Financial responsibility of 

petroleum storage tank owner or operator— 

Administrative regulations, except (6). 

224.60–135(1) Corrective action for a 

release into the environment from a 

petroleum storage tank, except the second 

sentence in (1). 

(2) [Reserved] 

(b) The regulatory provisions include: 

(1) 401 Kentucky Administrative 

Regulations (KAR) Chapter 42. 

401 KAR 42:005. Definitions for 401 KAR 

Chapter 42. 

401 KAR 42:020. UST system 

requirements, notification, registration, and 

annual fees. 

Section 1. Applicability and Exclusions. 

Section 2. Notification, Registration, and 

Annual Fees, except (1)(b), (2)–(6), and 

certain provisions in (7)(c), (8) and (9). 

Section 3. Temporary Closure, except (1). 

Section 4. Performance Standards for New 

UST Systems. 

Section 5. Upgrading of Existing UST 

Systems. 

Section 6. Double Walled Tanks and Piping 

Requirements. 

Section 8. Spill Containment Devices (Spill 

Buckets and Catch Basins). 

Section 9. Overfill Prevention 

Requirements. 

Section 10. Under-dispenser Containment 

(UDC) and Sump Requirements. 

Section 11. Corrosion Protection Operation 

and Maintenance, except certain language in 

(4) and (9). 

Section 12. Compatibility. 

Section 13. Repairs, except (2). 

Section 14. Noncorrodible Piping. 

Section 15. Release Detection, except (6) 

and (7). 

Section 16. Operator Training 

Requirements. 

Section 17. Walkthrough Inspections. 

Section 19. Recordkeeping. 

Section 20. Financial Responsibility. 

Section 21. Lender Liability. 

Section 23. Incorporation by Reference. 

401 KAR 42:060. UST system release and 

corrective action requirements. 

Section 1. Reporting for Releases, Spills, 

and Overfills. 

Section 3. Off-Site Impacts. 

Section 4. Release Investigation and 

Confirmation. 

Section 5. Release Response and Corrective 

Action. 

Section 6. Permanent Closure or Change in 

Service. 

Section 10. Incorporation by Reference. 

(2) [Reserved] 

* * * * * 

[FR Doc. 2022–01296 Filed 1–24–22; 8:45 am] 

BILLING CODE 6560–50–P 

FEDERAL COMMUNICATIONS 

COMMISSION 

47 CFR Part 64 

[WC Docket No. 17–97; FCC 21–122, FR 

ID 63445] 

Call Authentication Trust Anchor 

AGENCY: Federal Communications 

Commission. 

ACTION: Final rule. 

SUMMARY: In this document, the 

Commission takes action to further 

combat illegally spoofed robocalls by 

accelerating the date by which small 

voice service providers that are most 

likely to be the source of illegal 

robocalls must implement the STIR/ 

SHAKEN caller ID authentication 

framework. 

DATES: This rule is effective February 

24, 2022. 

FOR FURTHER INFORMATION CONTACT: 

Jonathan Lechter, Competition Policy 

Division, Wireline Competition Bureau, 

at (202) 418–0984, jonathan.lechter@

fcc.gov. 

SUPPLEMENTARY INFORMATION: This is a 

summary of the Commission’s Fourth 

Report and Order in WC Docket No. 17– 

97, adopted on December 9, 2021, and 

released on December 10, 2021. The 

document is available for download at 

https://docs.fcc.gov/public/ 

attachments/FCC-21-122A1.pdf. To 

request materials in accessible formats 

for people with disabilities (Braille, 

large print, electronic files, audio 

format), send an email to FCC504@

fcc.gov or call the Consumer & 

Governmental Affairs Bureau at 202– 

418–0530 (voice), 202–418–0432 (TTY). 

Synopsis 

I. Fourth Report and Order 

1. In light of the overwhelming record 

support and available evidence showing 

that non-facilities-based small voice 

service providers are originating a large 

and disproportionate amount of 

robocalls, we require this subset of 

providers to implement STIR/SHAKEN 

a year sooner than previously required, 

while maintaining the full extension for 

those small voice service providers that 

are facilities-based. We further require 

any small voice service providers that 

the Enforcement Bureau suspects of 

originating illegal robocalls and that 

fails to mitigate such traffic upon 

Bureau notice or otherwise fails to meet 

its burden under § 64.1200(n)(2) of our 

rules, to implement STIR/SHAKEN 

within 90 days of that determination 

unless sooner implementation is 

otherwise required. Through this action, 

we close a gap in our current STIR/ 

SHAKEN regime and, by targeting those 

providers most likely to be involved in 

illegal robocalling, we reap a substantial 

portion of the benefits offered by STIR/ 

SHAKEN to Americans. 

A. Basis for Shortening Extension for a 

Subset of Small Voice Service Providers 

2. We find that a subset of small voice 

service providers constitute a large and 

increasing source of illegal robocalls 

and should therefore be subject to a 

shortened extension. In the Caller ID 

Authentication Third Further Notice of 

Proposed Rulemaking (Small Provider 

FNPRM) (86 FR 30571 (June 9, 2021)), 

we proposed supporting this conclusion 

on the basis of evidence reflecting that 

small voice service providers are 

responsible for a substantial portion of 

the illegal robocall problem. Transaction 

Network Services (TNS), a call analytics 

provider, asserted in a March 2021 

report that given their disproportionate 

role originating robocalls, small voice 

service providers need to implement 

STIR/SHAKEN for the Commissions’ 

rules ‘‘to have a significant impact.’’ 

Similarly, Robokiller, a spam call and 

protection service, concluded in a 

February 2021 report that because 

‘‘smaller carriers have exemptions 

lasting . . . until 2023 . . . [w]ithout a 

unified front from all carriers, STIR/ 

SHAKEN cannot be completely 

effective.’’ The Commission’s analysis 

indicates that small providers are a 

substantial part of the problem. In the 

Small Provider FNPRM, we explained 

that we had reason to believe just one 

of the 19 providers that received letters 

from the Federal Trade Commission 

(FTC) in January 2020 for facilitating 

robocalls had more than 100,000 access 

lines. 

3. No commenter disputed this 

evidence, and additional evidence 

indicating that some small voice service 

providers now are a major source of 

illegal robocalls supports this view. TNS 

released a follow-up report in 

September 2021, stating that ‘‘only 4% 

of the high-risk calls in 1H2021 

originated from the top six carriers . . . 

[reflecting] a significant drop from 11% 

in 2019 and down from 6% in 2020.’’ 

It concludes that the small provider 


khammond on DSKJM1Z7X2PROD with RULES