[Federal Register Volume 83, Number 6 (Tuesday, January 9, 2018)]
[Rules and Regulations]
[Pages 985-992]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-00039]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 282

[EPA-R06-UST-2017-0504; FRL-9968-29--Region 6]


Oklahoma: Final Approval of State Underground Storage Tank 
Program Revisions and Incorporation by Reference

AGENCY: Environmental Protection Agency (EPA).

ACTION: Direct final rule.

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SUMMARY: Pursuant to the Resource Conservation and Recovery Act (RCRA 
or Act), the Environmental Protection Agency (EPA) is taking direct 
final action to approve revisions to the State of Oklahoma's 
Underground Storage Tank (UST) program submitted by the State. EPA has 
determined that these revisions satisfy all requirements needed for 
program approval. This action also codifies EPA's approval of 
Oklahoma'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 sections 9005 and 9006 of RCRA subtitle I 
and other applicable statutory and regulatory provisions.

DATES: This rule is effective March 12, 2018, unless EPA receives 
adverse comment by February 8, 2018. If 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 12, 2018, 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: http://www.regulations.gov. Follow 
the on-line instructions for submitting comments.
    2. Email: <a href="/cdn-cgi/l/email-protection#e88481868b878486c6899d8c9a8991a88d9889c68f879e"><span class="__cf_email__" data-cfemail="492520272a26252767283c2d3b2830092c3928672e263f">[email protected]</span></a>.
    3. Mail: Audray Lincoln, Region 6, Project Officer, LUST 
Prevention/Corrective Action Section (6MM-XU), Multimedia Division, EPA 
Region 6, 1445 Ross Avenue, Dallas, Texas 75202-2733.
    4. Hand Delivery or Courier: Deliver your comments to Audray 
Lincoln, Region 6, Project Officer, LUST Prevention/Corrective Action 
Section (6MM-XU), Multimedia Division, EPA Region 6, 1445 Ross Avenue, 
Dallas, Texas 75202-2733.
    Instructions: Direct your comments to Docket ID No. EPA-R06-UST-
2017-0504. EPA's policy is that all comments received will be included 
in the public docket without change and may be available online at 
http://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 http://www.regulations.gov, or email. The Federal http://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 http://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, the EPA recommends that you include 
your name and other contact information in the body of your comment and 
with any disk or CD-ROM you submit. If the EPA cannot read your comment 
due to technical difficulties, and cannot contact you for 
clarification, the 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.
    You can view and copy the documents that form the basis for this 
codification and associated publicly available materials from 8:30 a.m. 
to 4:00 p.m. Monday through Friday at the following location: EPA 
Region 6, 1445 Ross Avenue, Dallas, Texas 75202-2733, phone number 
(214) 665-2239. Interested persons wanting to examine these documents 
should make an appointment with the office at least two weeks in 
advance.

FOR FURTHER INFORMATION CONTACT: Audray Lincoln, (214) 665-2239, 
<a href="/cdn-cgi/l/email-protection#e18d888f828e8d8fcf809485938098a1849180cf868e97"><span class="__cf_email__" data-cfemail="f69a9f9895999a98d897839284978fb6938697d8919980">[email protected]</span></a>. To inspect the hard copy materials, please 
schedule an appointment with Audray Lincoln at (214) 665-2239.

SUPPLEMENTARY INFORMATION:

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

A. Why are revisions to state programs necessary?

    States which have received final approval from the EPA under RCRA 
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 underground storage tank 
program. 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. 
Changes to state UST programs may be necessary when Federal or State 
statutory or regulatory authority is modified or when certain other 
changes occur. Most commonly, States must change their programs because 
of changes to the EPA's regulations in 40 Code of Federal Regulations 
(CFR) part 280. States can also initiate changes on their own to their 
underground storage tank program and these changes must then be 
approved by EPA.

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

    On January 25, 2017, in accordance with 40 CFR 281.51(a), Oklahoma 
submitted a complete program revision application seeking approval for 
its UST program revisions corresponding to the EPA final rule published 
on July 15, 2015 (80 FR 41566) which finalized revisions to the 1988 
UST regulation and to the 1988 state program approval (SPA) regulation. 
As required by 40 CFR 281.20, the State submitted the following: A 
transmittal letter from the Governor 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

[[Page 986]]

application and the revisions to Oklahoma's UST program are no less 
stringent than the corresponding federal requirements in subpart C of 
40 CFR part 281 and the Oklahoma program provides for adequate 
enforcement of compliance (40 CFR 281.11(b)). Therefore, the EPA grants 
Oklahoma 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. The Oklahoma Corporation Commission (OCC) 
is the lead implementing agency for the UST program in Oklahoma, except 
in Indian Country.

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 the State of Oklahoma, 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?

    The EPA is publishing this direct final rule without a prior 
proposed rule because we view this as a noncontroversial action and 
anticipate no adverse comment. Oklahoma did not receive any comments 
during its comment period when the rules and regulations being 
considered today were proposed at the state level.

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

    Along with this direct final, the EPA is publishing a separate 
document in the ``Proposed Rules'' section of this Federal Register 
that serves as the proposal to approve the State's UST program 
revision, 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 on the proposal to approve 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 Oklahoma previously been approved?

    On October 14, 1992, EPA finalized a rule approving the UST program 
submitted by Oklahoma in lieu of the Federal program. On January 18, 
1996, EPA codified the approved Oklahoma program that is 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?

    In order to be approved, the program must provide for adequate 
enforcement of compliance as described in 40 CFR 40 CFR 281.11(b) and 
part 281, Subpart D. The OCC has broad statutory authority to regulate 
the installation, operation, maintenance, closure of USTs, and UST 
releases under Oklahoma Statutes (2016), Title 27A, Chapter 1, Article 
III, Section 1-3-101(E)(5)(b), Responsibilities and Jurisdiction of 
Environmental Agencies; Oklahoma Statutes (2016), Title 17, Chapter 3, 
Section 52(A)(k)(5) Corporation Commission Jurisdiction; Oklahoma 
Statutes (2016), Title 17, Chapter 14, Oklahoma Underground Storage 
Tank Regulation Act Sections 301 through 340; Oklahoma Statutes (2016), 
Title 17, Chapter 15, Oklahoma Petroleum Storage Tank Release Indemnity 
Program Sections 350 through 365; and Oklahoma Statutes (2016), Title 
52, Chapter 5, Inspections Sections 321 through 347.
    Specific authorities to regulate the installation, operation, 
maintenance, closure of USTs, and UST releases are found under Oklahoma 
Administrative Code, as amended effective August 25, 2016, Chapter 5, 
Rules of Practice; Oklahoma Administrative Code, as amended effective 
August 25, 2016, Chapter 15, Fuel Inspection; Oklahoma Administrative 
Code Chapter 25, Underground Storage Tanks; Oklahoma Administrative 
Code, as amended effective August 25, 2016, Chapter 27, Indemnity Fund; 
and Oklahoma Administrative Code, as amended effective August 25, 2016, 
Chapter 29, Corrective Action of Petroleum Storage Tank Releases. The 
aforementioned regulations satisfy the requirements of 40 CFR 281.40 
and 281.41.
    Oklahoma's Petroleum Storage Tank Division (PSTD) provides notice 
and opportunity for public comment on all proposed settlements of civil 
enforcement actions, except where immediate emergency action is 
necessary to adequately protect human health, safety, and the 
environment. The PSTD investigates and provides responses to citizen 
complaints about violations. Additionally, the PSTD does not oppose 
citizen intervention when permissive intervention is allowed by 
statute, rule or regulation. Requirements for public participation can 
be found in the OCC's Chapter 25 UST rules (165:25-1-26.2) and 17 
Oklahoma Statute, Section 313 allows OCC to furnish information to EPA 
when requested. Oklahoma has met the public participation requirements 
found in 40 CFR 281.42.
    To qualify for final approval, a state's program must be ``no less 
stringent'' than the federal program in all elements of the revised EPA 
final rule published on July 15, 2015 (80 FR 41566). EPA added new 
operation and maintenance requirements and addressed UST systems 
deferred in the 1988 UST regulation. The changes also added secondary 
containment requirements for new and replaced tank and piping, operator 
training requirements, periodic operation and maintenance requirements 
for UST systems, requirement to ensure UST system compatibility before 
storing certain biofuel blends. It removed past deferrals for emergency 
generator tanks, field constructed tanks and airport hydrant systems.
    The OCC made updates to their regulations to ensure that they were 
no less stringent than the federal regulations which were revised on 
July 15, 2015 (80 FR 41566). 40 CFR 281.30 through 281.39 contains the 
``no less stringent than'' criteria that a state must meet in order to 
have its UST program approved. In the State's application for approval 
of its UST program, the Oklahoma Attorney General certified that it 
meets the requirements listed in 40 CFR 281.30 through 281.39. EPA has 
relied on this certification in addition to the analysis submitted by 
the State in making our determination. For further information on EPA's 
analysis of the State's application, see the chart in the Technical 
Support Document (TSD) contained in the docket for this rulemaking. The 
corresponding state regulations are as follows:
    40 CFR 281.30 lists the federal requirements for new UST system 
design, construction, installation, and notification with which a state 
must comply in order to be found to be no less stringent than federal 
requirements. Parts 1 and 2 of Chapter 25 of Title 165 of the Oklahoma 
Administrative Code require that USTs be designed, constructed, and 
installed in a manner that will prevent releases for their operating 
life due to manufacturing

[[Page 987]]

defects, structural failure, or corrosion and be provided with 
equipment to prevent spills and tank overfills when new tanks are 
installed or existing tanks are upgraded, unless the tank does not 
receive more than 25 gallons at one time. These parts also require UST 
system owners and operators to notify the implementing agency of any 
new UST systems, including instances where one assumes ownership of an 
existing UST.
    40 CFR 281.31 requires that most existing UST systems meet the 
requirements of 281.30, are upgraded to prevent releases for their 
operating life due to corrosion, spills, or overfills, or are 
permanently closed. The rule lists two exceptions to these 
requirements. Parts 1 and 2 of Chapter 25 of Title 165 of the Oklahoma 
Administrative Code contain the appropriate requirements that UST 
systems be upgraded to prevent releases during their operating life due 
to corrosion, spills, or overfills.
    40 CFR 281.32 contains the general operating requirements that must 
be met in order for the State's submission to be considered no less 
stringent than the federal requirements. Parts 1, 2, and 3 of Chapter 5 
of Title 165 of the Oklahoma Administrative Code contain the necessary 
general operating requirements required by 40 CFR 281.32.
    40 CFR 281.33 contains the requirements for release detection that 
must be met in order for the State's submission to be considered no 
less stringent than federal requirements. Parts 1 and 3 of Chapter 25 
of Title 165 of the Oklahoma Administrative Code contain the necessary 
requirements for release detection as required by 40 CFR 281.33.
    40 CFR 281.34 contains the requirements for release reporting, 
investigation, and confirmation that must be met in order for the 
State's submission to be considered no less stringent than federal 
requirements. Part 3 of Chapter 25 of Title 165 and Part 3 of Chapter 
29 of Title 165 contain the necessary requirements as required by 40 
CFR 281.34 for release reporting, investigation, and confirmation.
    40 CFR 281.35 contains the requirements for release response and 
corrective action that must be met in order for the State's submission 
to be considered no less stringent than federal requirements. Part 3 of 
Chapter 29 of Title 165 of the Oklahoma Administrative Code contains 
the required provisions as listed in 40 CFR 281.35 for release response 
and corrective action.
    40 CFR 281.36 contains the requirements for out of service UST 
systems and closures that must be met in order for the State's 
submission to be considered no less stringent than federal 
requirements. Parts 1 and 2 of Chapter 25 or Title 165 in the Oklahoma 
Administrative Code contain the necessary requirements as listed in 40 
CFR 281.36 for out of service UST systems and closures.
    40 CFR 281.37 contains the requirements for financial 
responsibility for UST systems containing petroleum that must be met in 
order for the State's submission to be considered no less stringent 
than federal requirements. Part 2 of Chapter 25 of Title 165 and Parts 
1 and 7 of Chapter 27 of Title 165 of the Oklahoma Administrative Code 
contain the necessary requirements as listed in 40 CFR 281.37 for 
financial responsibility for UST systems.
    40 CFR 281.38 contains the requirements for lender liability that 
must be met in order for the State's submission to be considered no 
less stringent than federal requirements. Part 1 of Chapter 25 of Title 
165 of the Oklahoma Administrative Code contains the requirements for 
lender liability as listed in 40 CFR 281.38.
    40 CFR 281.39 contains the requirements for operator training that 
must be met in order for the State's submission to be considered no 
less stringent than federal requirements. Part 1 of Chapter 25 of Title 
165 of the Oklahoma Administrative Code contains the requirements for 
operator training as required by 40 CFR 281.39.

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 coverage than the federal program:
    Oklahoma requires that all regulated UST systems currently in use 
must have a valid permit issued by the Oklahoma Corporation Commission 
(OCC) Petroleum Storage Tank Division (PSTD) before fuel can be 
dispensed. Permits are issued after the UST system is installed and the 
PSTD Registration Form, containing the original signatures of the 
Licensed UST Installer and the owner has been submitted and approved by 
PSTD, and the registration permit fee is paid. In order for owners to 
comply with the law and gain access to the Oklahoma Petroleum Storage 
Tank Release Indemnity Fund (``Indemnity Fund'') should a release occur 
during the installation of a regulated UST, a scheduling form must be 
submitted and a temporary authorization letter allowing fuel to be 
placed in the UST for testing purposes only must be issued before fuel 
can be delivered into the UST. If a release occurs during installation 
and a temporary authorization letter was not issued, the owner will not 
be eligible for access to the Indemnity Fund. (17 Okla. Stat. Section 
308; OAC 165:25-1-42)
    Oklahoma requires UST Installers, Removers, and Groundwater and 
Vapor Monitoring Technicians must provide proof of at least 2 years of 
work experience in active participation installing, removing or 
monitoring storage tanks and must pass a written examination in order 
to be licensed by PSTD.
    Environmental Consultants must have 7 years environmental 
experience with at least 2 of those years of experience at regulated 
storage tank facilities, provide evidence of attending 40 hours of OSHA 
HAZWOPER training, provide evidence of successful completion of a PSTD-
approved Risk Based Corrective Action course (16 hours of risk 
assessment/risk analysis and 8 hours hands on computer training with 
appropriate software); and pass an examination in order to be licensed 
by PSTD.
    Oklahoma requires UST Installers, UST Removers, Monitor Well 
Technicians, and UST Environmental Consultants must be licensed by PSTD 
(17 Okla. Stat. Section 318; OAC 165:25-1-101; OAC 165:25-1-102; OAC 
165:25-1-103; OAC 165:29-3-90).
    The State issues an authorization letter giving temporary approval 
to receive fuel. The statute found at 17 O.S. Section 308 B states that 
``no person shall deposit a regulated substance into a storage tank 
system unless the system is operating pursuant to a permit issued by 
the Commission.'' The definition of a permit at 17 O.S. Section 303.22 
states that it can be a registration, permit, license, or other 
authorization issued by the Commission to operate a storage tank 
system. In order to register a tank and obtain a ``valid permit'' the 
installation testing of the tank, lines, and leak detectors must be 
submitted with the OCC Registration Form (OAC 165:25-1-42(b)).
    In order for tank owners to be eligible for access to the indemnity 
fund, the Compliance and Inspection Department must receive 
documentation of the required installation testing. The OCC requires 
submittal of a tank installation scheduling form and the issuance of a 
temporary fuel authorization letter before fuel can be placed in a 
tank. This is required at any facility installing a new tank. The 
temporary fuel authorization letter will be sent to the tank owner 
giving 90-day approval for fuel to be placed in the tank before an

[[Page 988]]

official tank permit is obtained. This letter is site specific and must 
be received for each new installation. At the completion of the new 
tank installation and within 30 days, an OCC tank registration form 
containing the original signatures of the licensed tank installer and 
tank owner must be submitted along with the required installation 
testing, photographs of the tank and piping system components before 
they are covered, as-built drawing of the entire tank system and 
manufacturer installation checklists. Once these items are received, a 
tank registration invoice will be issued and mailed to the owner 
address provided on the registration form.
    Where an approved state program has a greater scope of coverage 
than required by federal law, the additional coverage is not part of 
the federally-approved program. 40 CFR 281.12(a)(3)(ii).
More Stringent Provisions
    The following statutory and regulatory provisions are considered 
more stringent in coverage than the federal program:
    Oklahoma requires all UST systems installed after July 1, 2008, 
must be double walled and use interstitial monitoring for release 
detection for tanks and/or piping. (OAC 165:25-3-6.21)
    Oklahoma states a drop tube with overfill device is required on all 
UST systems installed after July 1, 2001. Tanks installed prior to July 
1, 2001 must be upgraded to meet this standard before July 1, 2002, 
unless equipped with an operational ball float overfill device. A 
demonstration to prove an existing ball float device is operational and 
functioning properly is required annually. If found inoperable it must 
be replaced with a drop tube with flapper valve. (OAC 165:25-2-39)
    Oklahoma requires a mechanism to prevent overfilling by sounding an 
alarm when the liquid level in the tank reaches 90 percent of capacity 
and automatically stops the delivery of liquid to the tank when the 
level in the tank reaches 95 percent of capacity. (OAC 165:25-2-39)
    Oklahoma requires new product lines must be hydrostatically tested 
by a NWGLDE approved testing device capable of detecting a leak of 0.10 
gallons per hour with a test pressure of 50 psi or 1\1/2\ times the 
operating pressure, whichever is greater. The product lines must be 
tested for a minimum of one hour regardless of the test method. (OAC 
165:25-2-40)
    Oklahoma requires that owners and operators of all underground 
storage tank systems must notify PSTD at least 14 days prior to the 
removal or closure of underground storage tanks and/or lines by 
submitting a PSTD scheduling form and receiving confirmation of the 
scheduled removal from PSTD. An authorized agent of PSTD may be present 
to observe the removal and to inspect the closed tank system and 
surrounding environment prior to backfilling. A PSTD Licensed UST 
Remover must be on the job site during all removal activities, 
beginning with break-out of concrete. (OAC 165:25-2-131)
    Oklahoma requires owners and operators who use Statistical 
Inventory Reconciliation (SIR) for release detection for their UST must 
also conduct inventory control to detect a release of at least 1.0 
percent of flow-through plus 130 gallons every 30 days. Deliveries, 
withdrawals and balance remaining must be recorded each operating day 
on a PSTD Inventory Reconciliation Form or an electronic equivalent and 
must be reconciled. The regulated substance inputs must be reconciled 
with delivery receipts by measurement of the tank inventory volume 
before and after delivery. Statistical Inventory Reconciliation 
analysis reports must include a summary report of the quantitative 
results and must include copies of all inventory reconciliation forms. 
(OAC 165:25-3-6.28)
    Oklahoma does not allow vapor monitoring, groundwater monitoring, 
or Statistical Inventory Reconciliation as a method of release 
detection for product lines. (OAC 165:25-3-6.29)
    Oklahoma requires submittal of an Initial Site Characterization 
Report within 20 days of release confirmation. (OAC 165:29-3-75)
    Oklahoma ensures owners and operators of regulated UST systems have 
$1,500,000 per occurrence for corrective action and third-party claims. 
(17 Okla. Stat. Section 356; OAC 165:27-7-2).

I. How does this action affect Indian Country (18 U.S.C. 1151) in 
Oklahoma?

    Oklahoma is not authorized to carry out its Program in Indian 
Country (18 U.S.C. 1151) within the State. This authority remains with 
EPA. Therefore, this action has no effect in Indian Country. See 40 CFR 
281.12(a)(2).

II. Codification

A. What is codification?

    Codification is the process of placing 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 regulations that the EPA will enforce 
under sections 9005 and 9006 of RCRA and any other applicable statutory 
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 Oklahoma's UST program?

    The EPA incorporated by reference Oklahoma's then approved UST 
program effective March 18, 1996 (61 FR 1220; January 18, 1996). In 
this document, the EPA is revising 40 CFR 282.86 to include the 
approval revision actions.

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

    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 
Oklahoma rules described in the amendments to 40 CFR part 282 set forth 
below. The EPA has made, and will continue to make, these documents 
generally available through www.regulations.gov and/or in hard copy at 
the EPA Region 6 office (see the ADDRESSES section of this preamble for 
more information).
    The purpose of this Federal Register document is to codify 
Oklahoma's approved UST program. The codification reflects the State 
program that would be in effect at the time the EPA's approved 
revisions to the Oklahoma UST program addressed in this direct final 
rule become final. The document incorporates by reference Oklahoma's 
UST regulations and clarifies which of these provisions are included in 
the approved and federally enforceable program. By codifying the 
approved Oklahoma program and by amending the Code of Federal 
Regulations (CFR), the public will more easily be able to discern the 
status of the federally-approved requirements of the Oklahoma program.
    The EPA is incorporating by reference the Oklahoma approved UST 
program in 40 CFR 282.86. Section 282.86(d)(1)(i)(A) incorporates by

[[Page 989]]

reference for enforcement purposes the State's regulations. Section 
282.86 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.

D. What is the effect of Oklahoma's codification 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. 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 Oklahoma procedural and enforcement authorities. 
Section 282.86(d)(1)(ii) of 40 CFR lists those approved Oklahoma 
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 coverage'' than Subtitle I of RCRA. 40 
CFR 281.12(a)(3)(ii) states that where an approved state program has 
provisions that are broader in coverage than the federal program, those 
provisions are not a part of the federally approved program. As a 
result, State provisions which are ``broader in coverage'' than the 
federal program are not incorporated by reference for purposes of 
enforcement in part 282. Section 282.86(d)(1)(iii) of the codification 
simply lists for reference and clarity the Oklahoma statutory and 
regulatory provisions which are ``broader in coverage'' than the 
federal program and which are not, therefore, part of the approved 
program being codified today. Provisions that are ``broader in 
coverage'' 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 Oklahoma's UST Program requirements 
pursuant to RCRA Section 9004 and imposes no requirements other than 
those imposed by State law. It complies with applicable EOs and 
statutory provisions as follows:

A. Executive Order 12866 Regulatory Planning and Review, Executive 
Order 13563: Improving Regulation and Regulatory Review

    The Office of Management and Budget (OMB) has exempted this action 
from the requirements of Executive Order 12866 (58 FR 51735, October 4, 
1993) and 13563 (76 FR 3821, January 21, 2011). 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 is not subject to review by OMB.

B. Executive Order 13771: Reducing Regulations and Controlling 
Regulatory Costs

    This action is not an Executive Order 13771 (82 FR 9339, February 
3, 2017) regulatory action because actions such as this final approval 
of Oklahoma's revised underground storage tank program under RCRA are 
exempted under Executive Order 12866. Accordingly, I certify that this 
action will not have a significant economic impact on a substantial 
number of small entities under the Regulatory Flexibility Act (5 U.S.C. 
601 et seq.).

C. Unfunded Mandates Reform Act and Executive Order 13175: Consultation 
and Coordination With Indian Tribal 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, 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).

D. 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.

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

    This action also is not subject to Executive Order 13045 (62 FR 
19885, April 23, 1997), because it is not economically significant and 
it does not make decisions based on environmental health or safety 
risks.

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

    This rule is not subject to Executive Order 13211, ``Actions 
Concerning Regulations that Significantly Affect Energy Supply, 
Distribution, or Use'' (66 FR 28355, May 22, 2001) because it is not a 
``significant regulatory action'' as defined under Executive Order 
12866.

G. National Technology Transfer and Advancement Act

    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 National Technology Transfer and Advancement Act 
of 1995 (15 U.S.C. 272 note) do not apply.

H. Executive Order 12988: Civil Justice Reform

    As required by section 3 of Executive Order 12988 (61 FR 4729, 
February 7, 1996), in issuing this rule, EPA has taken the necessary 
steps to eliminate drafting errors and ambiguity, minimize potential 
litigation, and provide a clear legal standard for affected conduct.

I. Executive Order 12630: Governmental Actions and Interference With 
Constitutionally Protected Property Rights

    EPA has complied with Executive Order 12630 (53 FR 8859, March 15, 
1988) by examining the takings implications of the rule in accordance 
with the ``Attorney General's Supplemental Guidelines for the 
Evaluation of Risk and Avoidance of Unanticipated Takings'' issued 
under the executive order.

[[Page 990]]

J. Paperwork Reduction Act

    This rule does not impose an information collection burden under 
the provisions of the Paperwork Reduction Act of 1995 (44 U.S.C. 3501 
et seq.). ``Burden'' is defined at 5 CFR 1320.3(b).

K. 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) establishes 
Federal executive policy on environmental justice. Its main provision 
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 and low-income 
populations in the United States. Because this rule approves pre-
existing State rules which are at least equivalent to, and 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, 
the rule is not subject to Executive Order 12898.

L. Congressional Review Act

    The Congressional Review Act, 5 U.S.C. 801-808, generally provides 
that before a rule may take effect, the agency promulgating the rule 
must submit a rule report, which includes a copy of the rule, to each 
House of the Congress and to the Comptroller General of the United 
States. 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). However, 
this action will be effective March 12, 2018 because it is a direct 
final rule.

    Authority:  This rule is issued under the authority of Sections 
2002(a), 9004, and 7004(b) 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, 
Hazardous substances, Incorporation by reference, Insurance, 
Intergovernmental relations, Oil pollution, Petroleum, Reporting and 
recordkeeping requirements, Surety bonds, Water pollution control, 
Water supply.

    Dated: November 3, 2017.
Samuel Coleman,
Acting Regional Administrator, EPA Region 6.

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

PART 282--APPROVED UNDERGROUND STORAGE TANK PROGRAMS

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

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


0
2. Revise Sec.  282.86 to read as follows:


Sec.  282.86  Oklahoma State-Administered Program.

    (a) History of the approval of Oklahoma's Program. The State of 
Oklahoma 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 
Oklahoma Corporation Commision, was approved by EPA pursuant to 42 
U.S.C. 6991c and Part 281 of this Chapter. EPA published the notice of 
final determination approving the Oklahoma underground storage tank 
base program effective on October 14, 1992. A subsequent program 
revision application was approved effective on March 12, 2018.
    (b) Enforcement authority. Oklahoma has primary responsibility for 
administering and enforcing its federally approved underground storage 
tank program. However, EPA retains the authority to exercise its 
corrective action, inspection and enforcement authorities under 
sections 9003(h), 9005 and 9006 of subtitle I of RCRA, 42 U.S.C. 
6991b(h), 6991d and 6991e, as well as under any other applicable 
statutory and regulatory provisions.
    (c) To retain program approval, Oklahoma must revise its approved 
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 Oklahoma 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) Oklahoma has final approval for the following elements of its 
program application originally submitted to EPA and approved effective 
October 14, 1992, and the program revision application approved by EPA 
effective on March 12, 2018:
    (1) State statutes and regulations--(i) Incorporation by reference. 
The Oklahoma provisions cited in this paragraph are incorporated by 
reference as part of the underground storage tank 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 obtain copies of the Oklahoma 
regulations that are incorporated by reference in this paragraph from 
the State's Office of Administrative Rules, Secretary of State, P.O. 
Box 53390, Oklahoma City, OK 73152-3390; Phone number: 405-521-4911; 
website: https://www.sos.ok.gov/oar/Default.aspx. You may inspect all 
approved material at the EPA Region 6, 1445 Ross Avenue, Dallas, Texas 
75202; Phone number (214) 665-2239 or the National Archives and Records 
Administration (NARA). For information on the availability of the 
material at NARA, call 202-741-6030 or go to http://www.archives.gov/federal-register/cfr/ibr-locations.html.
    (A) The binder entitled ``Oklahoma Regulatory Requirements 
Applicable to the Underground Storage Tank Program, October 2017. Those 
provisions are listed in Appendix A to Part 282.
    (B) [Reserved]
    (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 and do not replace Federal 
authorities:
    (A) The statutory provisions include:
    (1) Oklahoma Statutes (2016), Title 17, ``Corporation Commission'': 
Chapter 3, ``Oil and Gas'', Section 52(A)(k)(5); Chapter 14, ``Oklahoma 
Storage Tank Regulation Act'', Sections 301, 302, 303 (except 303.22 
``Permit''), 305, 306, 307, 309 through 316, 319, 321 through 325, 330 
and 340; Chapter 15, ``Oklahoma Petroleum Storage Tank Release 
Indemnity Program'', Sections 350 through 365.
    (2) Oklahoma Statutes (2016), Title 27A, ``Environmental and 
Natural Resources'': Chapter 1, Article III, ``Jurisdiction of 
Environmental Agencies'', Section 1-3-101(E)(5)(a)-(c).
    (3) Oklahoma Statutes (2016), Title 52, ``Oil and Gas'': Chapter 5,

[[Page 991]]

``Inspections'', Sections 321 through 347.
    (B) The regulatory provisions include:
    (1) Oklahoma Administrative Code, Title 165, effective August 25, 
2016:
    (i) Chapter 5, ``Rules of Practice'': Subchapter 1, ``General 
Provisions'', Sections 165:5-1-4(b) and 165:5-1-25; Subchapter 5, 
``Dockets'': Sections 165:5-5-1(a)(9) and (a)(10); Subchapter 21, 
``Procedure for the Petroleum Storage Tank Docket'': Sections 165:5:21-
1 through 165:5-21-5, 165:5:21-8 through 165:5:21-10;
    (ii) Chapter 15, ``Fuel Inspection'': Subchapter 3, ``Fuel 
Specialists, Testing, Accessibility, and Assistance'', Sections 165:15-
3-1, through 165:15-3-3, 165:15-3-16, 165:15-3-21, 165:15-3-21 through 
165:15-3-24.1; Subchapter 19, ``Violations and Contempt'', Sections 
165:15-19-1 through 165:15-19-5.
    (iii) Chapter 25, ``Underground Storage Tanks'': Subchapter 1, 
``General Provisions'': Part 5, ``Scope of Rules'', Section 165:25-1-
24.1; Part 6, ``Administrative Provisions'', Sections 165:25-1-26.1 
through 165:25-1-30.1; Part 15, ``Shutdown of Operations'', Section 
165:25-1-67; Part 17, ``Licensing Procedures'', Sections 165:25-1-107; 
Part 19 ``Operator Training'', Section 165:25-1-126; Subchapter 2, 
``General Requirements for Underground Storage Tank Systems'': 
Subchapter 18, ``Inspections, Notices of Violations and Citations'': 
Part 1, ``Inspections'', Sections 165:25-18-1 through 165:25-18-4; Part 
3, ``Notices of Violation and Citations'', Sections 165:25-18-10 
through 165:25-18-13; Part 5, ``Penalties'', Section 165:25-18-19; 
Appendix Q and Appendix S.
    (iv) Chapter 27, ``Indemnity Fund''. Subchapter 1, ``General 
Provisions'': Sections 165:27-1-1 and 165:27-1-3 through 165:27-1-6; 
Subchapter 3, ``Eligibility Requirements'', Sections 165:27-3-1 and 
165:27-3-2; Subchapter 5, ``Qualifications for Reimbursement'', 
Sections 165:27-5-1 and 165:27-5-3. Subchapter 7, ``Reimbursement'', 
Sections 165:27-7-1, 165:27-7-7, 165:27-7-8, 165:27-7-9, 165:27-7-9.1, 
165:27-7-10 and 165:27-7-11; Subchapter 9, ``Administrative 
Provisions'', Sections 165:27-9-1 through 165:27-94.
    (v) Chapter 29, ``Corrective Action of Petroleum Storage Tank 
Releases'', Subchapter 1, ``General Provisions'', Part 1, ``Purpose and 
Statutory Authority'', Section 165:29-1-3; Subchapter 3, ``Release 
Prevention, Detection and Correction'', Part 5, ``Corrective Action 
Requirements'', Section 165:29-3-81. Subchapter 5 ``Administrative 
Provisions'': Sections 165:29-5-1 and 165:29-5-4.
    (2) [Reserved]
    (iii) Provisions not incorporated by reference. The following 
specifically identified sections and rules applicable to the Oklahoma 
underground storage tank program that are broader in coverage than the 
federal program, are not part of the approved program, and are not 
incorporated by reference herein for enforcement purposes:
    (A) Oklahoma Statutes (2016), Title 17, ``Corporation Commission'': 
Chapter 14, ``Oklahoma Storage Tank Regulation Act'', Section 303.22 
``Permit'', 306.1, 308, 308.1 and 318.
    (B) Oklahoma Administrative Code, Title 165, effective August 25, 
2016: Chapter 25, ``Underground Storage Tanks''. Subchapter 1, 
``General Provisions'': Part 9, ``Notification and Reporting 
Requirements'', Sections 165:25-1-41, and 165:25-1-42; Part 13, 
``Fees'', Section 165:25-1-64; Chapter 29, ``Corrective Actio of 
Petroleum Storage Tank Releases'', Part 7, ``Licensing of Environmental 
Consultants'', Section 26-3-90.
    (2) Statement of legal authority. The Attorney General's 
Statements, signed by the Attorney General of Oklahoma on June 21, 1990 
and November 14, 2016, 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 Procedures for Adequate Enforcement'' submitted as 
part of the original application on June 25, 1989 and as part of the 
program revision application for approval on January 25, 2017 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 June 25, 1989 
and as part of the program revision application on January 25, 2017, 
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 6 and the Oklahoma Corporation Commission, signed by the EPA 
Regional Administrator on September 19, 2017 though not incorporated by 
reference, is referenced as part of the approved underground storage 
tank program under subtitle I of RCRA, 42 U.S.C. 6991 et seq.


0
3. Appendix A to part 282 is amended by revising the entry for Oklahoma 
as follows:

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

* * * * *

Oklahoma

    (a) The regulatory provisions include:
    Oklahoma Administrative Code, Title 165, effective August 25, 
2016:
    1, Chapter 25 ``Underground Storage Tanks''.
    Subchapter 1, General Provisions: Part 1, ``Purpose'', Section 
165:25-1-1; Part 3, ``Definitions'', Section 165:25-1-11; Part 5, 
``Scope of Rules'', Sections 165:25-1-21, 165:25-1-23.1, and 165:25-
1-24; Part 9, ``Notification and Reporting Requirements'', Sections 
165:25-1-41, 165:25-1-42, 165:25-1-48, 165:25-1-51; Part 11, 
``Recordkeeping'', 165:25-1-53 through 165:25-1-58, and 165:25-1-60; 
Part 19, ``Operator Training'', Sections 165:25-1-120, 165:25-1-122 
and 165:25-1-124.
    Subchapter 2, ``General Requirements for Underground Storage 
Tank Systems'', Part 1, ``Codes and Standards'', Sections 165:25-2-
1, 165:25-2-2 and 165:25-2-4, Part 3, ``Design and Installation'', 
Sections 165:25-2-31 through 165:25-2-33, 165:25-2-35 through 
165:25-2-41, Part 5, ``Protection Against Corrosion'', Sections 
165:25-2-51, 165:25-2-52, 165:25-2-53 and 165:25-2-53.1, Part 6, 
``Piping'', Sections 165:25-2-55.1 and 165:25-2-55.2, Part 7, 
``Dispensers'', Sections 165:25-2-71, 165:25-2-72, 165:25-2-73, 
165:25-2-75 and 165:25-2-76; Part 9, ``Electrical'', Section 165:25-
2-91; Part 11, '' Repairs to Underground Storage Tank Systems'', 
Section 165:25-2-111; Part 13 ``Removal and Closure of Underground 
Storage Tank Systems'', Sections 165:25-2-131, and 165:25-2-133 
through 165:25-2-138.
    Subchapter 3, ``Release Prevention and Detection Requirements'': 
Part 1, Release Prohibition Requirements'', Section 165:25-3-1; Part 
2, ``Release Detection Requirements and Methods'', Sections 165:25-
3-6.20 through 165:25-3-6.29; Part 3, ``Release Investigation 
Requirements'', Sections 165:25-3-7.1 and 165:25-3-8; Part 15, 
``Corrective Action Requirements'', Section 165:25-3-70.
    Subchapter 5, ``Upgrades'', Sections 165:25-5-1 through 165:25-
5-4.
    Subchapter 6, ``Special Requirements for Underground Storage 
Tank Systems Utilized by Airports Open to the Public'', Part 1, 
``General Application and Compliance Provisions'', Section 165:25-6-
1; Part 3, ``Codes and Standards'', Section 165:25-6-7; Part 5, 
``Dispense Requirements'', Sections 165:25-6-13, 165:25-6-14, 
165:25-6-15 and 165:25-6-17; Part 7, ``Tank Filling Procedures'', 
Section 165:25-6-21; Part 9, ``Dispensing Procedures'', Sections 
165:25-6-27 and 165:25-6-28; Part 11,

[[Page 992]]

``Miscellaneous Safety Requirements'', Sections 165:25-6-34 and 
165:25-6-35.
    Subchapter 8, ``Special Requirements for Underground Storage 
Tanks Utilized by Marinas'': Part 1, ``General Application and 
Compliance Provisions'', Sections 165:25-8-1 and 165:25-8-2; Part 3, 
``Over-water Piping Requirements'', Sections 165:25-8-3 and 165:25-
8-4; Part 5, ``Dispenser Requirements'', Sections 165:25-8-14 
through 165:25-8-17; Part 9, ``Dispensing Procedures'', Section 
165:25-8-29; Part 11, ``Miscellaneous Safety Requirements, Sections 
165:25-8-35 and 165:25-8-36.
    Subchapter 14, ``Special Requirements for Underground Storage 
Tank Systems Utilized by Bulk Plant Facilities'': Part 1, ``General 
Application and Compliance Provisions'', Section 165:25-14-1; Part 
3, ``Dispenser Requirements'', Section 165:25-14-7; Part 5, 
``Loading Facilities'', Sections 165:25-14-13 and 165:25-14-14; Part 
7, ``Tank Filling Procedures'', Section 165:25-14-20; Part 9, 
``Dispensing Procedures'', Sections 165:25-14-26 and 165:25-14-27.
    2. Chapter 27 ``Indemnity Fund. Subchapter 1, ``General 
Provisions'', Section 165:27-1-2; Subchapter 5, ``Qualifications for 
Reimbursement'', Section 165:27-5-2; Subchapter 7, 
``Reimbursement'', Sections 165:27-7-2 and 165:27-7-6.
    3. Chapter 29 ``Corrective Action of Petroleum Storage Tank 
Releases'':
    Subchapter 1, ``General Provisions'': Part 1, ``Purpose and 
Statutory Authority'', Sections 165:29-1-1 and 165:29-1-2; Part 3, 
``Definitions'', Section 165:29-1-11; Part 5, ``Scope of Rules'', 
Section 165:29-1-21; Part 7, ``National Industry Codes'', Sections 
165:29-1-31 and 165:29-1-32;.
    Subchapter 3, ``Release Prevention, Detection and Correction'': 
Part 1, ``Release Prohibition, Reporting and Investigation'', 
Sections 165:29-3-1, 165:29-3-2 and 165:29-3-3; Part 3, ``Removal 
and Closure of Petroleum Storage Tank Systems'', Section 165:29-3-
65; Part 5, ``Corrective Action Requirements'', Sections 165:29-3-71 
through 165:29-3-76, Sections 165:29-3-78, 165:29-3-79, 165:29-3-80, 
165:29-3-82 and 165:29-3-83.
    (b) Copies of the Oklahoma regulations that are incorporated by 
reference are available from the State's Office of Administrative 
Rules, Secretary of State, P.O. Box 53390, Oklahoma City, OK 73152-
3390; Phone number: 405-521-4911; website: https://www.sos.ok.gov/oar/Default.aspx.
* * * * *

[FR Doc. 2018-00039 Filed 1-8-18; 8:45 am]
BILLING CODE 6560-50-P


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