Federal Register / Vol. 83, No. 6 / Tuesday, January 9, 2018 / Rules and Regulations 985 

Dated: December 20, 2017. 

Ken Moraff, 

Acting Regional Administrator, EPA New 

England. 

PART 52—APPROVAL AND 

PROMULGATION OF 

IMPLEMENTATION PLANS 

■ Accordingly, the amendments to 40 

CFR 52.2070 published in the Federal 

Register on November 14, 2017 (82 FR 

52655), on pages 52663–52664 are 

withdrawn effective January 9, 2018. 

[FR Doc. 2018–00134 Filed 1–8–18; 8:45 am] 

BILLING CODE 6560–50–P 

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. 

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: lincoln.audray@epa.gov. 

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, 

lincoln.audray@epa.gov. 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 


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986 Federal Register / Vol. 83, No. 6 / Tuesday, January 9, 2018 / Rules and Regulations 

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 


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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 PSTDapproved 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 


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988 Federal Register / Vol. 83, No. 6 / Tuesday, January 9, 2018 / Rules and Regulations 

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 federallyapproved 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 11⁄2 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 flowthrough 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 


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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. 


jstallworth on DSKBBY8HB2PROD with RULES
990 Federal Register / Vol. 83, No. 6 / Tuesday, January 9, 2018 / Rules and Regulations 

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 

■ 1. The authority citation for part 282 

continues to read as follows: 

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

and 6991e. 

■ 2. Revise § 282.86 to read as follows: 

§ 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/federalregister/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, 


jstallworth on DSKBBY8HB2PROD with RULES
Federal Register / Vol. 83, No. 6 / Tuesday, January 9, 2018 / Rules and Regulations 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. 

■ 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, 


jstallworth on DSKBBY8HB2PROD with RULES
992 Federal Register / Vol. 83, No. 6 / Tuesday, January 9, 2018 / Rules and Regulations 

‘‘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 

FEDERAL COMMUNICATIONS 

COMMISSION 

47 CFR Part 96 

[GN Docket No. 12–354, FCC 15–47; 16– 

55] 

Amendment of the Commission’s 

Rules With Regard to Operation in the 

3550–3650 MHz Band 

AGENCY: Federal Communications 

Commission. 

ACTION: Final rule; announcement of 

effective date. 

SUMMARY: The Federal Communications 

Commission (Commission) is 

announcing that three final rules that 

appeared in the Federal Register as part 

of the Commission’s rulemaking 

Commercial Operations in the 3550– 

3650 MHz Band do not need 

information collection approval from 

the Office of Management and Budget 

(OMB) and are effective immediately. 

This document is consistent with the 

First Report and Order and Second 

Report and Order, which stated that the 

Commission would publish a document 

in the Federal Register announcing 

OMB approval and the effective date of 

these rules. 

DATES: 47 CFR 96.29 published at 80 FR 

36164, June 23, 2015, and 47 CFR 

96.17(b) and 47 CFR 96.3 published at 

81 FR 49024, July 26, 2016, are effective 

on January 9, 2018. 

FOR FURTHER INFORMATION CONTACT: 

Becky Schwartz, Mobility Division, 

Wireless Telecommunications Bureau, 

FCC, (202) 418–7178. For additional 

information concerning the information 

collection requirements contained in the 

First Report and Order or Second Report 

and Order, contact Cathy Williams at 

(202) 418–2918, or via the internet at 

PRA@fcc.gov. 

SUPPLEMENTARY INFORMATION: The First 

Report and Order, FCC 15–47, 

published at 80 FR 36164, June 23, 

2015, stated that section 96.29 would 

not become effective until after the 

Federal Register publication of the date 

that OMB approved the resulting 

modification of the information 

collections under the Paperwork 

Reduction Act (PRA) and effective date 

of such modifications. The Second 

Report and Order, GN Docket No. 12– 

354, FCC 16–55, published at 81 FR 

49024, July 26, 2016, stated that 

modifications to section 96.17(b) and 

section 96.3 would not become effective 

until after the Federal Register 

publication of the date that OMB 

approved the resulting modification of 

the information collections under the 

PRA and the effective date of such 

modifications. Because subsequent 

review and consultation with OMB has 

revealed that there is no existing 

clearance that will be modified by these 

rules, OMB review is not necessary. 

Thus, these rules may become effective 

immediately. 

Federal Communications Commission. 

Marlene H. Dortch, 

Secretary. 

[FR Doc. 2018–00190 Filed 1–8–18; 8:45 am] 

BILLING CODE 6712–01–P 

SURFACE TRANSPORTATION BOARD 

49 CFR Part 1022 

[Docket No. EP 716 (Sub-No. 3)] 

Civil Monetary Penalties—2018 

Adjustment 

AGENCY: Surface Transportation Board. 

ACTION: Final rule. 

SUMMARY: The Surface Transportation 

Board (Board) is issuing a final rule to 

implement the annual inflationary 

adjustment to its civil monetary 

penalties, pursuant to the Federal Civil 

Penalties Inflation Adjustment Act 

Improvements Act of 2015. 

DATES: This final rule is effective on 

January 9, 2018. 

FOR FURTHER INFORMATION CONTACT: 

Amy Ziehm: (202) 245–0391. Federal 

Information Relay Service (FIRS) for the 

hearing impaired: (800) 877–8339. 

SUPPLEMENTARY INFORMATION: 

I. Background 

The Federal Civil Penalties Inflation 

Adjustment Act Improvements Act of 

2015 (2015 Act), enacted as part of the 

Bipartisan Budget Act of 2015, Public 

Law 114–74, 129 Stat. 599, requires 

agencies to adjust their civil penalties 

for inflation annually, beginning on 

January 15, 2017, and no later than 

January 15 of every year thereafter. In 

accordance with the 2015 Act, annual 

inflation adjustments are to be based on 

the percent change between the 

Consumer Price Index for all Urban 

Consumers (CPI–U) for October of the 

previous year and the October CPI–U of 

the year before that. Penalty level 

adjustments should be rounded to the 

nearest dollar. 

II. Discussion 

The statutory definition of civil 

monetary penalty covers various civil 

penalty provisions under the Rail (Part 

A); Motor Carriers, Water Carriers, 

Brokers, and Freight Forwarders (Part 

B); and Pipeline Carriers (Part C) 


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