[Federal Register Volume 87, Number 16 (Tuesday, January 25, 2022)]
[Rules and Regulations]
[Pages 3679-3684]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-01296]


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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.

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[[Page 3680]]

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:
    <bullet> Federal eRulemaking Portal: https://www.regulations.gov 
(our preferred method). Follow the online instructions for submitting 
comments.
    <bullet> Email: <a href="/cdn-cgi/l/email-protection#6f1c06010807410d0a012f0a1f0e41080019"><span class="__cf_email__" data-cfemail="82f1ebece5eaace0e7ecc2e7f2e3ace5edf4">[email protected]</span></a>. 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: <a href="/cdn-cgi/l/email-protection#7b0812151c1355191e153b1e0b1a551c140d"><span class="__cf_email__" data-cfemail="e4978d8a838cca86818aa4819485ca838b92">[email protected]</span></a>. 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

[[Page 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:
    <bullet> 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);
    <bullet> Does not impose an information collection burden under the 
provisions of the Paperwork Reduction Act (44 U.S.C. 3501 et seq.);
    <bullet> 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.);
    <bullet> 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);
    <bullet> Does not have federalism implications as specified in 
Executive Order 13132 (64 FR 43255, August 10, 1999);
    <bullet> Is not an economically significant regulatory action based 
on health or safety risks subject to Executive Order 13045 (62 FR 
19885, April 23, 1997);
    <bullet> 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);
    <bullet> 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;
    <bullet> 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
    <bullet> 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

[[Page 3682]]

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

0
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

0
2. Add Sec.  282.67 to read as follows:


Sec.  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: <a href="/cdn-cgi/l/email-protection#a2c4d08ccbccd1d2c7c1d6cbcdcce2ccc3d0c38cc5cdd4"><span class="__cf_email__" data-cfemail="8ee8fca0e7e0fdfeebedfae7e1e0cee0effcefa0e9e1f8">[email protected]</span></a>; 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

[[Page 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.


[[Page 3684]]



0
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


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