97550 Federal Register / Vol. 89, No. 236 / Monday, December 9, 2024 / Rules and Regulations 

UTAH—2015 8-HOUR OZONE NAAQS—Continued 

[Primary and Secondary] 

Designated area 1

Designation Classification 

Date 2 Type Date 2 Type 

Davis County. 

* * * * * * * 

1 Includes any Indian country in each county or area, unless otherwise specified. EPA is not determining the boundaries of any area of Indian 

country in this table, including any area of Indian country located in the larger designation area. The inclusion of any Indian country in the designation area is not a determination that the state has regulatory authority under the Clean Air Act for such Indian country. 2This date is August 3, 2018, unless otherwise noted. 

* * * * * 

[FR Doc. 2024–28851 Filed 12–6–24; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 282 

[EPA–R07–UST–2024–0452; FRL–12274– 

03–R7] 

Nebraska: Final Approval of State 

Underground Storage Tank Program 

Revisions, Codification, and 

Incorporation by Reference 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Direct final rule. 

SUMMARY: Pursuant to the Resource 

Conservation and Recovery Act (RCRA 

or Act), the Environmental Protection 

Agency (EPA) is taking direct final 

action to approve revisions to the State 

of Nebraska’s Underground Storage 

Tank (UST) program submitted by the 

Nebraska State Marshal (NSFM). This 

action also codifies EPA’s approval of 

Nebraska’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 the RCRA and other applicable 

statutory and regulatory provisions. 

DATES: This rule is effective February 7, 

2025, unless EPA receives adverse 

comment by January 8, 2025. If EPA 

receives adverse comments, it will 

publish a timely withdrawal in the 

Federal Register informing the public 

that the rule will not take effect. The 

incorporation by reference of certain 

publications listed in the regulations is 

approved by the Director of the Federal 

Register, as of February 7, 2025, in 

accordance with 5 U.S.C. 552(a) and 1 

CFR part 51. 

ADDRESSES: Submit your comments by 

one of the following methods: 

1. Federal eRulemaking Portal: 

https://www.regulations.gov. Follow the 

on-line instructions for submitting 

comments. 

2. Email: blankenship.marie@epa.gov. 

Instructions: Direct your comments to 

Docket ID No. EPA–R07–UST–2024– 

0452. 

EPA’s policy is that all comments 

received will be included in the public 

docket without change and may be 

available online at https://

www.regulations.gov, including any 

personal information provided, unless 

the comment includes information 

claimed to be Confidential Business 

Information (CBI) or other information 

whose disclosure is restricted by statute. 

Do not submit information that you 

consider to be CBI or otherwise 

protected through https://

www.regulations.gov, or email. The 

Federal https://www.regulations.gov 

website is an ‘‘anonymous access’’ 

system, which means the EPA will not 

know your identity or contact 

information unless you provide it in the 

body of your comment. If you send an 

email comment directly to the EPA 

without going through https://

www.regulations.gov, your email 

address will be automatically captured 

and included as part of the comment 

that is placed in the public docket and 

made available on the internet. If you 

submit an electronic comment, EPA 

recommends that you include your 

name and other contact information in 

the body of your comment and also with 

any disk or CD–ROM you submit. If EPA 

cannot read your comment due to 

technical difficulties, and cannot 

contact you for clarification, EPA may 

not be able to consider your comment. 

Electronic files should avoid the use of 

special characters, any form of 

encryption, and be free of any defects or 

viruses. EPA encourages electronic 

submittals, but if you are unable to 

submit electronically, please reach out 

to the EPA contact person listed in the 

document for assistance. 

Docket: All documents in the docket 

are listed in the https://

www.regulations.gov index. Although 

listed in the index, some information 

might not be publicly available, e.g., CBI 

or other information whose disclosure is 

restricted by statute. Publicly available 

docket materials are available 

electronically through https://

www.regulations.gov. 

IBR and supporting material: You can 

view and copy the documents that form 

the basis for this codification and 

associated publicly available materials 

either through https://

www.regulations.gov or by contacting 

Marie Blankenship at (913) 551–7908 or 

blankenship.marie@epa.gov. Please call 

or email the contact listed above if you 

need access to material indexed but not 

provided in the docket. 

FOR FURTHER INFORMATION CONTACT: 

Marie Blankenship, Tanks, Toxics, and 

Pesticides Branch, Land, Chemical, and 

Redevelopment Division, U.S. 

Environmental Protection Agency, 

Region 7, 11201 Renner Boulevard, 

Lenexa, Kansas 66219; telephone 

number: (913) 551–7908; email address: 

blankenship.marie@epa.gov. 

SUPPLEMENTARY INFORMATION: 

I. Approval of Revisions to Nebraska’s 

Underground Storage Tank Program 

A. Why are revisions to State programs 

necessary? 

States that have received final 

approval from the EPA under section 

9004(b) of RCRA, 42 U.S.C. 6991c(b), 

must maintain an underground storage 

tank program that is no less stringent 

than the Federal UST program. Either 

EPA or the approved State initiate 

program revision. When EPA makes 

revisions to the regulations that govern 

the UST program, States must revise 

their programs to comply with the 

updated regulations and submit these 

revisions to the EPA for approval. 

Program revision may be necessary 

when the controlling Federal or State 

statutory or regulatory authority is 

modified or when responsibility for the 

State program is shifted to a new agency 

or agencies. 


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B. What decisions has the EPA made in 

this rule? 

On September 8, 2023, in accordance 

with 40 CFR 281.51(a), Nebraska 

submitted a complete program revision 

application seeking the EPA approval 

for its UST program revisions (State 

Application). Nebraska’s revisions 

correspond to the EPA final rule 

published on July 15, 2015 (80 FR 

41566), which revised the 1988 UST 

regulations and the 1988 State program 

approval (SPA) regulations (2015 

Federal Revisions). As required by 40 

CFR 281.20, the State Application 

contains the following: a transmittal 

letter requesting approval, a description 

of the program and operating 

procedures, a demonstration of the 

State’s procedures ensure adequate 

enforcement, a Memorandum of 

Agreement outlining the roles and 

responsibilities of the EPA and the 

implementing agency, a statement of 

certification from the Attorney General, 

and copies of all relevant State statutes 

and regulations. We have reviewed the 

State Application and determined that 

the revisions to Nebraska’s UST 

program are no less stringent than the 

corresponding Federal requirements in 

subpart C of 40 CFR part 281, and that 

the Nebraska program provides for 

adequate enforcement of compliance (40 

CFR 281.11(b)). Therefore, the EPA 

grants Nebraska final approval to 

operate its UST program with the 

changes described in the program 

revision application and as outlined 

below in section I.G. of this document. 

C. What is the effect of this approval 

decision? 

This action does not impose 

additional requirements on the 

regulated community because the 

regulations being approved by this rule 

are already effective in Nebraska and 

they are not changed by this action. This 

action merely approves the existing 

State regulations as meeting the Federal 

requirements and renders them 

federally enforceable. 

D. Why is EPA using a direct final rule? 

EPA is publishing this direct final 

rule concurrent with a proposed rule 

because we view this as a 

noncontroversial action and anticipate 

no adverse comment. EPA is providing 

an opportunity for public comment 

now. 

E. What happens if the EPA receives 

comments that oppose this action? 

Along with this direct final rule, the 

EPA is publishing a separate document 

in the ‘‘Proposed Rules’’ section of this 

issue of the Federal Register that serves 

as the proposal to approve the State’s 

UST program revisions, providing 

opportunity for public comment. If EPA 

receives comments that oppose this 

approval, EPA will withdraw the direct 

final rule by publishing a document in 

the Federal Register before the rule 

becomes effective. The EPA will base 

any further decision on the approval of 

the State program changes after 

considering all comments received 

during the comment period. EPA will 

then address all public comments in a 

later final rule. You may not have 

another opportunity to comment. If you 

want to comment on this approval, you 

must do so at this time. 

F. For what has Nebraska previously 

been approved? 

On August 19, 2002, the EPA 

finalized a rule approving the Nebraska 

UST program, effective September 18, 

2002, to operate in lieu of the Federal 

program. The State’s program has not 

previously been codified. 

G. What changes are we approving with 

this action? 

On September 8, 2023, in accordance 

with 40 CFR 281.51(a), Nebraska 

submitted a complete application for 

final approval of its UST program 

revisions adopted on July 15, 2015. The 

EPA now makes an immediate final 

decision, subject to receipt of written 

comments that oppose this action, that 

Nebraska’s UST program revisions 

satisfy all of the requirements necessary 

to qualify for final approval. Therefore, 

EPA grants Nebraska final approval for 

the following program changes: 

Required Federal element Implementing State authority 

40 CFR 281.30, New UST Systems and 

Notification.

Title 159 NAC Chapter 2; Chapter 3, intro; Chapter 4, section 001; Chapter 6, section 001. 

40 CFR 281.31, Upgrading Existing UST 

Systems.

Title 159 NAC Chapter 6. 

40 CFR 281.32, General Operating Requirements.Title 159 NAC Chapter 4, section 001, section 001.1A; Chapter 5; Chapter 6, sections 001–007; 

Chapter 7, section 006; Chapter 10, section 006. 

40 CFR 281.33, Release Detection ........ Title 159 NAC Chapter 4; Chapter 7, sections 001–006; Chapter 14; Title 17 NAC Chapter 12. 

40 CFR 281.34, Release Reporting, Investigation, and Confirmation.Title 159 NAC Chapter 6, section 005; Chapter 8, section 001–005; Title 126 NAC Chapter 18, sections 002.01, 002.01C, 002.01D, 002.02–005, 007.02. 

40 CFR 281.35, Release Response and 

Corrective Action.

Title 159 NAC Chapter 8, sections 001, 003–005; Title 126 NAC Chapter 18, sections 003–007; Title 

118 NAC Chapter 1–2 6.002–7, 10–11 and appendix B; Title 115 NAC Chapter 3, sections 001, 

001.02, 014, 016–018. 

40 CFR 281.36, Out-of-service Systems 

and Closure.

Title 159 NAC Chapter 10, sections 001–005. 

40 CFR 281.37, Financial Responsibility 

for USTs Containing Petroleum.

Title 159 NAC Chapter 9 as it references 40 CFR 280.90 through 280.115. 

40 CFR 281.38 Lender Liability .............. Title 159 NAC Chapter 9, section 002. 

40 CFR 281.39, Operator Training ......... Title 159 NAC Chapter 13, sections 001–002, 003.04–008.02. 

40 CFR 281.40 Legal Authorities for 

Compliance Monitoring.

Title 159 NAC Chapter 6; Chapter 12; Chapter 13, section 002. 

40 CFR 281.41, Legal Authorities for Enforcement Response.Title 159 NAC Chapter 6; Title 126 NAC Chapter 18, section 008. 

The State also demonstrates that its 

program provides adequate enforcement 

of compliance as described in 40 CFR 

281.11(b) and part 281, subpart D. The 

Nebraska State Fire Marshal (NSFM) has 

broad statutory authority with respect to 

USTs to regulate installation, operation, 

maintenance, closure, and UST releases, 

and to the issuance of orders. These 

statutory authorities are found in 

Nebraska Revised Statutes, Chapters 

sections 81–15, 117 to 81–15, 127, 

sections 81–501 to 81–512, and section 

66–1501 to 66–1531, and Nebraska 

Administrative Code, Title 159. The 

Nebraska Department of Environment 

and Energy (NDEE) has broad statutory 

authority for corrective action and the 


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97552 Federal Register / Vol. 89, No. 236 / Monday, December 9, 2024 / Rules and Regulations 

administration of the State remedial 

action fund. These statutory authorities 

are found in: sections 81–1501 to 81– 

1532, N.R.S., and Titles 115, 118, 126, 

178, and 200, NAC. These authorities 

address rules of practice and procedure, 

ground water quality standards and 

cleanup requirements, release reporting 

and follow-up, and the Petroleum 

Release Remedial Action 

Reimbursement Fund. 

H. Where are the revised rules different 

from the Federal rules? 

Broader in Scope Provisions 

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 and is not federally 

enforceable (40 CFR 281.12(a)(3)(ii)). 

The following Nebraska requirements 

are considered ‘‘broader in scope’’ than 

the Federal program: 

The NSFM has responsibilities with a 

greater scope of coverage than required 

by Federal law. NRS section 81–502. 

The NSFM has responsibilities for 

rules and regulations; enforcement; and 

State procedure with a greater scope of 

coverage than required by Federal law. 

NRS section 81–502.04. 

The NSFM has duties with a greater 

scope of coverage than required by 

Federal law. NRS section 81–503.01(a)– 

(g), (i). 

The NSFM has its own authority to 

enter and conduct inspections when 

authorized. NRS section 81–512. 

The Nebraska Protection Act defines 

terms not subject to the UST program. 

NRS sections 81–1502(1)–(5), (8)–(9), 

(12)–(13), (15)–(19), (23), (28)–(29), and 

(31)–(38). 

The NDEE has duties with a greater 

scope of coverage than required by 

Federal law. NRS section 81–1504(1)– 

(30), (33)–(58). 

The Nebraska Environmental Quality 

Council has responsibilities to adopt 

and promulgate rules and regulations; 

standards of air, land and water with a 

greater scope of coverage than required 

by Federal law. NRS section 81–1505. 

The Director of the NDEE is 

authorized to bring State enforcement 

for violations of State law under a state 

authority for hearings and issuing 

orders, requiring monitoring, 

investigations and corrective action. 

NRS section 81–1507. 

The NDEE is authorized to pursue 

State civil penalties and injunctive 

relief. NRS sections 81–1508, 81– 

1508.01, and 81–1508.02. 

The NDEE is authorized to perform 

inspections and execute search warrants 

under State authority. NRS section 81– 

1511. 

Portions of the Nebraska UST 

provisions are applicable to heating oil 

tanks of greater than 1,100 gallon 

capacity. NRS section 81–15, 119(10)(b). 

Nebraska requires that owners of 

farm, residential, and heating oil tank 

systems of less than 1,100 gallon 

capacity to register such tank systems 

and pay a one-time registration fee. NRS 

sections 81–15,119(10)(a) and 81–15– 

120. 

Nebraska establishes permitting 

requirements on owners and operators 

of UST systems (e.g., registration, 

operating, installation, closure). NRS 

section 81–15, 121. 

Nebraska establishes procedures for 

the denial or revocation of State issued 

permits. NRS section 81–15–122. 

Nebraska establishes procedures for a 

permit and registration system for all 

tanks; an inspection fee; inventorycontrol procedures; procedures for 

notification of temporarily or 

permanently abandoned tanks; and 

procedures for licensing tank 

installation and removal contractors. 

NRS sections 81–15–123(2)–(3), (4)(b), 

(5), (10), and (12) as it refers to 

certification and subcontractors. 

Nebraska sets deadlines for NDEE 

approval or disapproval of remedial 

action plans; establishes procedures for 

the reimbursement of expenses paid by 

the owner or operator; establishes 

procedures for the NDEE to prepare a 

remedial action plan and implement the 

plan in the event of an unknown or 

unavailable owner or operator of a 

facility causing a release; provides that 

the Environmental Quality Council 

establish standards; provides access 

under State law; provides for NDEE 

briefing and certificates of completion 

for work completed under a remedial 

action plan. NRS sections 81–15, 124(2) 

second and third sentence, 81–15, 

124(3) second sentence and full second 

paragraph, 81–15, 124.01–81–15, 

124.02, 81–15, 124.04–81–15, 124.07. 

Nebraska establishes a process for 

penalties and actions to enjoin for 

violations of the Petroleum Products 

and Hazardous Substances Storage and 

Handling act under State law. NSR 

section 81–15, 125–81–15, 126. 

Nebraska requires notice of 

registration and duty to provide the 

notice. NSR section 81–15, 127. 

The Nebraska remedial fund is 

structured to reimburse owners and 

operators of both USTs and 

aboveground storage tanks for allowable 

costs of remedial action and third party 

claims. NRS section 66–1501, et seq. 

Nebraska provides intervention in a 

matter in litigation under State law. 

NSR section 25–328. 

Nebraska requires contractor licensure 

and certification for tank installation 

and removal contractors. Title 159 NAC 

Chapter 3.001–3.004. 

Nebraska requires all owners and 

operators to comply with Nebraska 

financial responsibilities requirements 

for all categories of UST system owner 

or operators as of the effective date of 

the regulations with no extensions or 

deferrals or comply with the federal 

financial responsibility requirements. 

Title 159 NAC Chapter 9.001 and Title 

200 NAC Chapter 1 [entire regulation]. 

Nebraska mandates that fuel 

distributors, or any person who deposits 

regulated substances in an UST system, 

are required to notify owners and 

operators of the registration 

requirements. Title 159 NAC Chapter 

11.004. 

Nebraska establishes approval 

standards for UST training courses and 

trainers. Title 159 NAC Chapter 

13.003.01–13.003.03. 

Nebraska establishes minimum 

requirements for public hearings for 

permit decisions which by statue or 

other agency regulations provide for 

public notice, public review and 

comment, and an opportunity to request 

a public hearing before making a final 

permit decision. Title 115 NAC Chapter 

3.001.01, 3.002–3.013, and 3.015. 

Nebraska establishes antidegradation; 

beneficial uses; narrative and numerical 

standards and sample collections. Title 

118 NAC Chapter 3. 

Nebraska has procedures to establish 

narrative and numerical standards for 

groundwater classification. Title 118 

NAC Chapter 4. 

Nebraska establishes procedures for 

changing a groundwater classification. 

Title 118 NAC Chapter 5. 

Nebraska establishes remedial action 

provisions for point source pollution 

events for non-petroleum releases. Title 

118 NAC Chapter 6.001 and appendix 

A. 

Nebraska establishes definitions for 

the management of waste with a greater 

scope of coverage than required by 

Federal law. Title 126, NAC Chapter 

1.002–1.004, 1.006–1.010, 1.012, 1.014– 

1.019, 1.023, 1.025–1.029, 1.030.02, 

1.032, 1.035, 1.039, 1.041–1.044, 1.046– 

1.047. 

Nebraska establishes provisions for 

waste management permits and 

licenses; land application of paunch; 

and fertilizer and pesticide wastewater 

with a greater scope of coverage than 

required by Federal law. Nebraska also 

reserves chapters for future use. Title 

126 NAC Chapters 2–17, 19 and 

appendix I. 

Nebraska establishes provisions for 

rules and regulations related to: 


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recreation camps; design construction; 

operation and maintenance of public 

swimming pools; rules, regulations and 

standards governing mobile home parks; 

clean indoor air; fees for inspection of 

private water supply or private sewage 

disposal facilities; rules and regulations 

governing a private well; licensure 

under the water well standards and 

contractors’ practice act; fees under the 

water well standards and contractors’ 

practice act; water well standards and 

contractors’ licensing board; asbestos 

projects; lead based paint activities; and 

methamphetamine cleanups with a 

greater scope of coverage than required 

by Federal law. Nebraska also reserves 

chapters for future use. Title 178 NAC 

Chapters 1–11, 13–24. 

The following definitions associated 

with well installation are not applicable 

to the UST program: Abandoned Water 

Well, Driven Sandpoint Well, Ground 

Water Heat Pump Well, Illegal Water 

Well, Inactive Status Water Well, 

Injection Well, Open Hole Well, Service 

connection, Special Irrigation District. 

Title 178 NAC Chapter 12–002. 

Nebraska establishes procedures for 

the installation of potable well 

construction; non-potable well 

construction; public water supply 

systems; ground water heat pump wells; 

installation of pumps and pumping 

equipment as it relates to disinfection 

associated with potable wells; and 

procedures for driven sandpoint wells 

and closed loop heat pump wells. 

Nebraska further offers a Waiver of 

Disinfection. Title NAC 178 Chapter 12– 

04–12–05, 12–08, 12–10, 12–011.01B2, 

12–012.08C, 12–012.08G, and Waiver of 

Disinfection. 

Nebraska requires owners and 

operators of UST systems that 

permanently closed between December 

22, 1988, and January 1, 1989, to close 

such UST systems when directed to do 

so by the NSFM. NFPA 30: Flammable 

and Combustible Liquids Code 

(21.7.4.3.1–21.7.4.3.3) 2012 Version. 

Nebraska requires UST system owners 

and operators to have a tightness test 

performed on tanks and piping prior to 

placing the tank system back into 

service after receiving an extension to 

the 12-month temporary closure period. 

National Fire Protection Association 30: 

Flammable and Combustible Liquids 

Code (21.7.4.3.1–21.7.4.3.3) 2012 

Version. 

More Stringent Provisions 

Nebraska limits the means by which 

owners and operators can demonstrate 

compliance with installation of a new 

UST system. Only an installer that has 

been certified or licensed by the State 

can provide certification of compliance 

on the UST notification form. Title 159 

NAC Chapter 3 as it incorporates 40 

CFR 280.20(e)(2). 

Nebraska requires additional design 

and installation standards for new UST 

systems. Title 159 NAC Chapter 

4.001.01–4.001.07. 

The Federal program requires all 

cathodic protection systems to be tested 

within 6 months of installation. 

Nebraska general operating 

requirements for existing UST systems 

require annual testing for impressed 

current cathodic protection systems 

after the initial testing. Title 159 NAC 

Chapter 6.002.01A1. 

Nebraska general operating 

requirements for existing UST systems 

requires repaired tanks, piping, overfill, 

and spill prevention equipment be 

tested prior to placing the system back 

into service, or 30 days following the 

date of completion of the repair, 

whichever occurs first. Title 159 NAC 

Chapter 6.004.01. 

Nebraska general operating 

requirements for existing UST systems 

requires additional record-keeping and 

reporting. Title 159 NAC Chapter 6.005– 

6.006. 

Nebraska general operating 

requirements for existing UST systems 

requires that if a ball float is to be 

abandoned in place, a drop tube shut off 

or audible alarm will be set at 85 

percent tank capacity to prevent overfill. 

Title 159 NAC Chapter 6.006.01. 

Nebraska excludes all UST systems 

larger than 1,100 gallons used to store 

heating oil from all release detection 

requirements except that they must 

instead perform the manual tank 

gauging procedures in 40 CFR 280.43(b) 

on a monthly basis from April 1 to 

November 1. Title 159 NAC Chapter 

7.001.01. 

Nebraska release detection 

requirements require owners and 

operators to conduct and record the 

daily product inventory control 

requirements as described in 40 CFR 

280.43(a)(1)–(6) for all new and existing 

UST systems. However, UST systems 

eligible for and utilizing manual tank 

gauging in accordance with 40 CFR 

280.43(b), do not need to meet the daily 

inventory requirement. Title 159 NAC 

Chapter 7.004. 

Nebraska release and suspected 

release reporting requires notification to 

NSFM and NDEE within 24 hours by the 

owner and operator of the tank. Title 

159 NAC Chapter 8.005. 

Nebraska site assessment at closure or 

change-in-service requires sampling 

analysis, in- place closure assessment, 

removal closure assessment, tank 

excavation requirements, line 

excavation assessment, and reporting 

requirements. Title 159 NAC Chapter 

10.003–10.004. 

Nebraska operator training 

requirements for Class A, Class B, and 

Class C operators establish owner and 

operator responsibilities, operator 

training requirements, operator 

examination requirements, reciprocity, 

timing of operator training, operator 

retraining and owner and operator 

documentation. Title 159 NAC Chapter 

13.001–13.002, 13.003.04–13.003.05, 

13.004–13.008. 

Nebraska establishes ground water 

quality standards and use classifications 

for ground water regulatory programs. 

Title 118 NAC Chapter 1–2, 6.002, 7, 

appendix B. 

Nebraska establishes water well 

construction, pump installation and 

water well decommissioning standards 

for dewatering wells, ground water 

monitoring and recovery wells, and test 

holes. Nebraska further provides for 

declaratory orders about substantially 

equivalent procedures or materials and 

variances. Title 178 NAC Chapter 

12.001, 12–03, 12–06–12–07, 12–09, 12– 

011.01–12–011.01B1, 12–011.01C–12– 

012.08B, 12–012.08D–12–012.08F2, 12– 

012.09–12–14, the tables and figures, 

and the following definitions found at 

Title 178, Chapter 12–002 Annular Fill, 

Annular Space, Aquifer, Aquifer Seal, 

Primary Aquifer Seal, Surface Seal, 

Backflow Preventer, Bentonite, 

Bentonite Seal, Bored or Dug Well, 

Casing, Cesspool, Clay, Community 

Water System, Confining Layer, 

Construction of Water Wells, 

Contamination, Decommissioned when 

used in relation to a water well, 

Department, Dewatering Well, Discharge 

Pipe, Distribution Piping, Good Cause, 

Gravel Pack, Ground Water, Grout, 

Installation of Pumps and Pumping 

Equipment, Monitoring Well, Nonpotable Well, Observation Well, Person, 

Pitless Unit, Pollution, Potable Well, 

Primary Aquifer Seal, Public Water 

System, (Licensed) Pump Installation 

Contractor, (Licensed) Pump Installation 

Supervisor, Pumps and Pumping 

Equipment, Recovery Well, Sanitary 

Well Seal, Screen Apertures, Screened 

Vent, Secure Cover or Cap, Seepage Pit, 

Septic Tank, Soil Absorption System 

(Septic Lateral Field), Static Water 

Level, Substantially Equivalent, 

Subsurface Disposal System, 

Supervision or its derivatives, Surface 

Seal, Test Hole, Tremie Pipe, Watertight 

Casing, Watertight Secure Cover, Water 

Well, (Licensed) Water Well Contractor, 

(Licensed) Water Well Drilling 

Supervisor, Well Development, Well Pit, 

Well Screen. 


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II. Codification 

A. What is codification? 

Codification is the process of placing 

a State’s statutes and regulations that 

comprise the State 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 40 CFR part 282 and 

incorporates by reference State statutes 

and regulations that the EPA will 

enforce under sections 9005 and 9006 of 

RCRA and any other applicable state 

provisions. The incorporation by 

reference of State authorized programs 

in the CFR should substantially enhance 

the public’s ability to discern the 

current status of the approved State 

program and State requirements that can 

be federally enforced. This effort 

provides clear notice to the public of the 

scope of the approved program in each 

State. 

B. What is the history of codification of 

Nebraska’s UST program? 

The EPA has not previously 

incorporated by reference and codified 

Nebraska’s approved UST program. 

Through this action, the EPA is 

incorporating by reference and 

codifying Nebraska’s State program in 

40 CFR 282.77 to include the program 

and the approved revisions. 

C. What codification decisions have we 

made in this rule? 

Incorporation by reference: In this 

rule, we are finalizing regulatory text 

that includes incorporation by 

reference. In accordance with the 

requirements of 1 CFR 51.5, we are 

finalizing the incorporation by reference 

of the federally approved Nebraska UST 

program described in the amendments 

to 40 CFR part 282 set forth below. The 

EPA has made, and will continue to 

make, this document generally available 

through https://www.regulations.gov or 

by contacting the EPA Region 7 contact 

listed in the ADDRESSES section of this 

preamble. 

The purpose of this Federal Register 

document is to codify Nebraska’s 

approved UST program. The 

codification reflects the State program 

that would be in effect at the time EPA’s 

approved revisions to the Nebraska UST 

program addressed in this direct final 

rule become final. The document 

incorporates by reference Nebraska’s 

UST statutes and regulations and 

clarifies which of these provisions are 

included in the approved and federally 

enforceable program. By codifying the 

approved Nebraska program and by 

amending the CFR, the public will more 

easily be able to discern the status of the 

federally-approved requirements of the 

Nebraska program. 

EPA is incorporating by reference the 

Nebraska approved UST program in 40 

CFR 282.77. Section 282.77(d)(1)(i) 

incorporates by reference for 

enforcement purposes the State’s 

statutes and regulations. 

Section 282.77 also references the 

Attorney General’s Statement, 

Demonstration of Adequate 

Enforcement Procedures, the Program 

Description, and the Memorandum of 

Agreement, which are approved as part 

of the UST program under Subtitle I of 

RCRA. These documents are not 

incorporated by reference. 

D. What is the effect of Nebraska’s 

codification on enforcement? 

The EPA retains the authority under 

sections 9005 and 9006 of Subtitle I of 

RCRA, 42 U.S.C. 6991d and 6991e, and 

other applicable statutory and 

regulatory provisions to undertake 

inspections and enforcement actions 

and to issue orders in approved States. 

With respect to these actions, EPA will 

rely on Federal sanctions, Federal 

inspection authorities, and Federal 

procedures rather than the State 

authorized analogues to these 

provisions. Therefore, the EPA is not 

incorporating by reference such 

particular, approved Nebraska 

procedural and enforcement authorities. 

Section 282.77(d)(1)(ii) of 40 CFR lists 

those approved Nebraska authorities 

that would fall into this category. 

E. What State provisions are not part of 

the codification? 

The public also needs to be aware that 

some provisions of the State’s UST 

program are not part of the federally 

approved State program. Such 

provisions are not part of the RCRA 

Subtitle I program because they are 

‘‘broader in scope’’ than Subtitle I of 

RCRA. Section 281.12(a)(3)(ii) of 40 CFR 

states that where an approved State 

program has provisions that are broader 

in scope than the Federal program, 

those provisions are not a part of the 

federally approved program. As a result, 

State provisions which are broader in 

scope than the Federal program are not 

incorporated by reference for purposes 

of federal enforcement in part 282. 

Section 282.77(d)(1)(iii) lists for 

reference and clarity the Nebraska 

statutory and regulatory provisions 

which are broader in scope than the 

Federal program and which are not, 

therefore, part of the approved program 

being codified in this document. 

Provisions that are broader in scope 

cannot be enforced by EPA; the State, 

however, will continue to implement 

and enforce such provisions under State 

law. 

III. Statutory and Executive Order 

Reviews 

This action only applies to Nebraska’s 

UST Program requirements pursuant to 

RCRA section 9004 and imposes no 

requirements other than those imposed 

by State law. It complies with 

applicable Executive Orders (EOs) and 

statutory provisions as follows: 

Additional information about these 

statutes and Executive Orders can be 

found at https://www.epa.gov/lawsregulations/laws-and-executive-orders. 

A. Executive Order 12866: Regulatory 

Planning and Review and Executive 

Order 14094: Modernizing Regulatory 

Review 

This action is not a significant 

regulatory action as defined in 

Executive Order 12866 (58 FR 51735, 

October 4, 1993), as amended by 

Executive Order 14094 (88 FR 21879, 

April 11, 2023), because this action 

approves and codifies State 

requirements for the purpose of RCRA 

section 9004 and imposes no additional 

requirements beyond those imposed by 

State. Therefore, this action was not 

subject to a requirement for Executive 

Order 12866 review. 

B. Paperwork Reduction Act (PRA) 

This rule does not impose an 

information collection burden under the 

provisions of the PRA, 44 U.S.C. 3501 

et seq. Burden is defined at 5 CFR 

1320.3(b). 

C. Regulatory Flexibility Act (RFA) 

I certify that this action will not have 

a significant economic impact on a 

substantial number of small entities 

under the RFA, 5 U.S.C. 601 et seq., 

because this action authorizes State 

requirements pursuant to RCRA section 

9004 and imposes no requirements 

beyond those imposed by State. 

D. Unfunded Mandates Reform Act 

(UMRA) 

This action does not contain any 

unfunded mandates as described in 

UMRA, 2 U.S.C. 1501 et seq., and does 

not significantly or uniquely affect small 

governments because this action 

approves and codifies pre-existing 

requirements under State law and does 

not impose any additional enforceable 

duty beyond that required by State. 


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E. Executive Order 13175: Consultation 

and Coordination With Indian Tribal 

Governments 

This action approves and codifies preexisting requirements under State law 

and does not impose any additional 

enforceable duty beyond that required 

by State law, it does not contain any 

unfunded mandate or significantly or 

uniquely affect small governments, as 

described in the Unfunded Mandates 

Reform Act of 1995 (2 U.S.C. 1531– 

1538). For the same reason, this action 

also does not significantly or uniquely 

affect the communities of Tribal 

governments, as specified by Executive 

Order 13175 (65 FR 67249, November 9, 

2000). 

F. Executive Order 13132: Federalism 

This action will not have substantial 

direct effects on the States, on the 

relationship between the National 

Government and the State on the 

distribution of power and 

responsibilities among the various 

levels of government, as specified in 

Executive Order 13132 (64 FR 43255, 

August 10, 1999), because it merely 

approves and codifies State 

requirements as part of the State RCRA 

underground storage tank program 

without altering the relationship or the 

distribution of power and 

responsibilities established by RCRA. 

G. Executive Order 13045: Protection of 

Children From Environmental Health 

and Safety Risks 

EPA interprets Executive Order 13045 

(62 FR 19885, April 23, 1997) as 

applying only to those regulatory 

actions that concern environmental 

health or safety risks that EPA has 

reason to believe may 

disproportionately affect children, per 

the definition of ‘‘covered regulatory 

action’’ in section 2–202 of the 

Executive Order. Therefore, this action 

is not subject to Executive Order 13045 

because it approves a State program. 

H. Executive Order 13211: Actions That 

Significantly Affect Energy Supply, 

Distribution, or Use 

This rule is not subject to Executive 

Order 13211 (66 FR 28355, May 22, 

2001) because it is not a ‘‘significant 

regulatory action’’ as defined under 

Executive Order 12866. 

I. National Technology Transfer and 

Advancement Act (NTTAA) 

Under RCRA section 9004(b), EPA 

grants a State’s application for approval 

as long as the States the criteria required 

by RCRA. It would thus be inconsistent 

with applicable law for EPA, when it 

reviews a State approved application, to 

require the use of any particular 

voluntary consensus standard in place 

of another standard that otherwise 

satisfies the requirements of RCRA. 

Thus, the requirements of Section 12(d) 

of the NTTAA, 15 U.S.C. 272 note, do 

not apply to this action. 

J. Executive Order 12898: Federal 

Actions To Address Environmental 

Justice in Minority Populations and 

Low-Income Populations; and Executive 

Order 14096: Revitalizing Our Nation’s 

Commitment to Environmental Justice 

for All 

Executive Order 12898 (59 FR 7629, 

February 16, 1994) and Executive Order 

14096 (88 FR 25251, April 26, 2023) 

direct Federal agencies, to the greatest 

extent practicable and permitted by law, 

to make environmental justice part of 

their mission by identifying and 

addressing, as appropriate, 

disproportionately high and adverse 

human health or environmental effects 

of their programs, policies, and 

activities on minority populations 

(people of color and/or Indigenous 

peoples) and low-income populations. 

Because this action approves preexisting State rules that are no less 

stringent than existing Federal 

requirements and imposes no additional 

requirements beyond those imposed by 

State and there are no anticipated 

significant adverse human health or 

environmental effects, this rule is not 

subject to Executive Order 12898 or 

Executive Order 14096. 

K. Congressional Review Act (CRA) 

This action is subject to the CRA, 5 

U.S.C. 801 et seq., and EPA will submit 

a rule report containing this document 

and other required information to each 

House of the Congress and the 

Comptroller General of the United 

States prior to publication in the 

Federal Register. A major rule cannot 

take effect until 60 days after it is 

published in the Federal Register. This 

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

by 5 U.S.C. 804(2). However, this action 

will be effective February 7, 2025 

because it is a direct final rule. 

Authority: This rule is issued under the 

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

9004 of the Solid Waste Disposal Act, as 

amended, 42 U.S.C. 6912, 6991c, 6991d, and 

6991e. 

List of Subjects in 40 CFR Part 282 

Environmental protection, 

Administrative practice and procedure, 

Confidential business information, 

Hazardous substances, Incorporation by 

reference, Indians-lands, Insurance, 

Intergovernmental relations, Oil 

pollution, Penalties, Petroleum, 

Reporting and recordkeeping 

requirements, State and local 

governments, Surety bonds, 

Underground storage tanks, Water 

pollution control, Water supply. 

Dated: November 22, 2024. 

Meghan A. McCollister, 

Regional Administrator, EPA Region 7. 

For the reasons set forth in the 

preamble, EPA is amending 40 CFR part 

282 as follows: 

PART 282—APPROVED 

UNDERGROUND STORAGE TANK 

PROGRAMS 

■ 1. The authority citation for part 282 

continues to read as follows: 

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

and 6991e. 

■ 2. Add § 282.77 to read as follows: 

§ 282.77 Nebraska State-Administered 

Program. 

(a) History of the approval of 

Nebraska’s program. The State of 

Nebraska 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 program, as administered 

by the Nebraska State Fire Marshal, was 

approved by EPA pursuant to 42 U.S.C. 

6991c and part 281 of this Chapter. EPA 

approved the Nebraska program on 

August 19, 2002, and it was effective on 

September 18, 2002. A subsequent 

program revision application was 

approved by EPA and became effective 

on February 7, 2025. 

(b) Enforcement authority. Nebraska 

has primary responsibility for 

administering and enforcing its 

federally approved underground storage 

tank program. However, EPA retains the 

authority to exercise its inspection and 

enforcement authorities under sections 

9005 and 9006 of Subtitle I of RCRA, 42 

U.S.C. 6991d and 6991e, as well as 

under any other applicable statutory 

and regulatory provisions. 

(c) Retaining program approval. To 

retain program approval, Nebraska must 

revise its approved program to adopt 

new changes to the federal Subtitle I 

program which makes it more stringent, 

in accordance with section 9004 of 

RCRA, 42 U.S.C. 6991c and 40 CFR part 

281, subpart E. If Nebraska 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. 


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(d) Final program approval. Nebraska 

has final approval for the following 

elements of its program application 

originally submitted to EPA and 

approved on August 19, 2002 and 

effective September 18, 2002, and the 

program revision application approved 

by EPA, effective on February 7, 2025: 

(1) State statutes and regulations—(i) 

Incorporation by reference. The 

provisions cited in this paragraph, and 

listed in appendix A to part 282, 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 Nebraska 

regulations and statutes that are 

incorporated by reference in this 

paragraph from the Nebraska State Fire 

Marshal website at: https://

sfm.nebraska.gov or the Nebraska State 

Fire Marshal Agency, 246 South 14th 

Street, Suite 1, Lincoln, NE 68508–1804. 

You may inspect all approved material 

at the EPA Region 7 Office, 11201 

Renner Boulevard, Lenexa, KS 66219; 

telephone number: (913) 551–7908; or 

the National Archives and Records 

Administration (NARA). For 

information on the availability of this 

material at NARA, visit 

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

ibr-locations or email fr.inspection@

nara.gov. 

(A) EPA-Approved Nebraska Statutory 

Requirements Applicable to the 

Underground Storage Tank Program, 

September 2024. 

(B) EPA-Approved Nebraska 

Regulatory Requirements Applicable to 

the Underground Storage Tank Program, 

September 2024. 

(ii) Legal basis. EPA evaluated the 

following statutes and regulations, 

which provide the legal basis for the 

State’s implementation of the 

underground storage tank program, but 

they are not being incorporated by 

reference for enforcement purposes and 

do not replace Federal authorities: 

(A) Nebraska Revised Statutes section 

81–502. 

(B) Nebraska Revised Statutes section 

81–502.04. 

(C) Nebraska Revised Statutes section 

81–503.01. 

(D) Nebraska Revised Statutes section 

81–512. 

(E) Nebraska Revised Statutes section 

81–1502. 

(F) Nebraska Revised Statutes section 

81–1504. 

(G) Nebraska Revised Statutes section 

81–1505. 

(H) Nebraska Revised Statutes section 

81–1507. 

(I) Nebraska Revised Statutes sections 

81–1508, 81–1508.01—81–1508.02. 

(J) Nebraska Revised Statutes section 

81–1511. 

(K) Nebraska Revised Statutes section 

81–15, 117. 

(L) Nebraska Revised Statutes section 

81–15, 118. 

(M) Nebraska Revised Statutes section 

81–15, 119. 

(N) Nebraska Revised Statutes section 

81–15, 120. 

(O) Nebraska Revised Statutes section 

81–15, 121. 

(P) Nebraska Revised Statutes section 

81–15, 122. 

(Q) Nebraska Revised Statutes section 

81–15, 123. 

(R) Nebraska Revised Statutes sections 

81–15, 124, 81–15, 124.01–81–15, 

124.07. 

(S) Nebraska Revised Statutes section 

81–15, 125. 

(T) Nebraska Revised Statutes section 

81–15, 126. 

(U) Nebraska Revised Statutes section 

81–15, 127. 

(V) Nebraska Revised Statutes section 

66–1531, et seq. 

(W) Nebraska Revised Statutes section 

25–328. 

(X) Nebraska Administrative Code 

Title 159 Chapters 1–14. 

(Y) Nebraska Administrative Code 

Title 115 Chapter 3. 

(Z) Nebraska Administrative Code 

Title 118 Chapters 1–7, appendix A and 

B. 

(AA) Nebraska Administrative Code 

Title 126 Chapters 1–19, appendix A. 

(BB) Nebraska Administrative Code 

Title 178 Chapters 1–24. 

(CC) Nebraska Administrative Code 

Title 200 Chapter 1. 

(DD) National Fire Protection 

Association 30: Flammable and 

Combustible Liquids Code (21.7.4.3.1– 

21.7.4.3.3) 2012 Version. 

(iii) Provisions not incorporated by 

reference. The following statutory and 

regulatory provisions are broader in 

scope than the Federal program, are not 

part of the approved program, and are 

not incorporated by reference in this 

section for enforcement purposes: 

(A) Nebraska Revised Statutes section 

81–502. 

(B) Nebraska Revised Statutes section 

81–502.04. 

(C) Nebraska Revised Statutes section 

81–503.01(1)(a)–(g), (i). 

(D) Nebraska Revised Statutes section 

81–512. 

(E) Nebraska Revised Statutes section 

81–1502(1)–(5), (8)–(9), (12)–(13), (15)– 

(19), (23), (28)–(29), and (31)–(38). 

(F) Nebraska Revised Statutes section 

81–1504(1)–(30), (33)–(58). 

(G) Nebraska Revised Statutes section 

81–1505. 

(H) Nebraska Revised Statutes section 

81–1507. 

(I) Nebraska Revised Statutes sections 

81–1508, 81–1508.01, 81–1508.02. 

(J) Nebraska Revised Statutes section 

81–1511. 

(K) Nebraska Revised Statutes section 

81–15, 119(10)(a)–(b). 

(L) Nebraska Revised Statutes section 

81–15, 120. 

(M) Nebraska Revised Statutes section 

81–15, 121. 

(N) Nebraska Revised Statutes section 

81–15, 122. 

(O) Nebraska Revised Statutes section 

81–15, 123(2)–(3), (4)(b), (5), (10), (12) as 

it refers to certification and 

subcontractors. 

(P) Nebraska Revised Statutes sections 

81–15, 124(2) second and third 

sentence, 81–15,124(3) second sentence 

and full second paragraph, 81–15, 

124.01–81–15, 124.02, 81–15, 124.04– 

81–15, 124.07. 

(Q) Nebraska Revised Statutes section 

81–15, 125. 

(R) Nebraska Revised Statutes section 

81–15, 126. 

(S) Nebraska Revised Statutes section 

81–15, 127. 

(T) Nebraska Revised Statutes section 

66–1501, et seq. [entire statute]. 

(U) Nebraska Revised Statutes section 

25–328. 

(V) Nebraska Administrative Code, 

Title 159 Chapter 3.001–3.004. 

(W) Nebraska Administrative Code, 

Title 159 NAC Chapter 9.001. 

(X) Nebraska Administrative Code, 

Title 159 Chapter 11.004. 

(Y) Nebraska Administrative Code, 

Title 159 Chapter 13.003.01–13.003.03. 

(Z) Nebraska Administrative Code 

Title 115 Chapter 3.001.01, 3.002–3.013, 

3.015. 

(AA) Nebraska Administrative Code 

Title 118 Chapter 3. 

(BB) Nebraska Administrative Code 

Title 118 Chapter 4. 

(CC) Nebraska Administrative Code 

Title 118 Chapter 5. 

(DD) Nebraska Administrative Code 

Title 118 Chapter 6.001. 

(EE) Nebraska Administrative Code 

Title 118 appendix A. 

(FF) Nebraska Administrative Code 

Title 126 Chapter 1.002–1.004, 1.006– 

1.010, 1.012, 1.014–1.019, 1.023, 1.025– 

1.029, 1.030.02, 1.032, 1.035, 1.039, 

1.041–1.044, 1.046–1.047. 

(GG) Nebraska Administrative Code 

Title 126 Chapter 2. 

(HH) Nebraska Administrative Code 

Title 126 Chapter 3. 

(II) Nebraska Administrative Code 

Title 126 Chapter 4. 

(JJ) Nebraska Administrative Code 

Title 126 Chapter 5. 


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Federal Register / Vol. 89, No. 236 / Monday, December 9, 2024 / Rules and Regulations 97557 

(KK) Nebraska Administrative Code 

Title 126 Chapter 6. 

(LL) Nebraska Administrative Code 

Title 126 Chapter 7. 

(MM) Nebraska Administrative Code 

Title 126 Chapter 8. 

(NN) Nebraska Administrative Code 

Title 126 Chapter 9. 

(OO) Nebraska Administrative Code 

Title 126 Chapter 10. 

(PP) Nebraska Administrative Code 

Title 126 Chapter 11. 

(QQ) Nebraska Administrative Code 

Title 126 Chapter 12. 

(RR) Nebraska Administrative Code 

Title 126 Chapter 13. 

(SS) Nebraska Administrative Code 

Title 126 Chapter 14. 

(TT) Nebraska Administrative Code 

Title 126 Chapter 15. 

(UU) Nebraska Administrative Code 

Title 126 Chapter 16. 

(VV) Nebraska Administrative Code 

Title 126 Chapter 17. 

(WW) Nebraska Administrative Code 

Title 126 Chapter 19. 

(XX) Nebraska Administrative Code 

Title 126 appendix I. 

(YY) Nebraska Administrative Code 

Title 178 Chapter 1. 

(ZZ) Nebraska Administrative Code 

Title 178 Chapter 2. 

(AAA) Nebraska Administrative Code 

Title 178 Chapter 3. 

(BBB) Nebraska Administrative Code 

Title 178 Chapter 4. 

(CCC) Nebraska Administrative Code 

Title 178 Chapter 5. 

(DDD) Nebraska Administrative Code 

Title 178 Chapter 6. 

(EEE) Nebraska Administrative Code 

Title 178 Chapter 7. 

(FFF) Nebraska Administrative Code 

Title 178 Chapter 8. 

(GGG) Nebraska Administrative Code 

Title 178 Chapter 9. 

(HHH) Nebraska Administrative Code 

Title 178 Chapter 10. 

(III) Nebraska Administrative Code 

Title 178 Chapter 11. 

(JJJ) Nebraska Administrative Code 

Title 178 Chapters 12–04–12–05, 12–08, 

12–10, 12–011.01B2, 12–012.08C, 12– 

012.08G, the Waiver of Disinfection, and 

the following definitions found at Title 

178, Chapter 12–002: Abandoned Water 

Well, Driven Sandpoint Well, Ground 

Water Heat Pump Well, Illegal Water 

Well, Inactive Status Water Well, 

Injection Well, Open Hole Well, Service 

connection, Special Irrigation District. 

(KKK) Nebraska Administrative Code 

Title 178 Chapter 13. 

(LLL) Nebraska Administrative Code 

Title 178 Chapter 14. 

(MMM) Nebraska Administrative 

Code Title 178 Chapter 15. 

(NNN) Nebraska Administrative Code 

Title 178 Chapter 16. 

(OOO) Nebraska Administrative Code 

Title 178 Chapter 17. 

(PPP) Nebraska Administrative Code 

Title 178 Chapter 18. 

(QQQ) Nebraska Administrative Code 

Title 178 Chapter 19. 

(RRR) Nebraska Administrative Code 

Title 178 Chapter 20. 

(SSS) Nebraska Administrative Code 

Title 178 Chapter 21. 

(TTT) Nebraska Administrative Code 

Title 178 Chapter 22. 

(UUU) Nebraska Administrative Code 

Title 178 Chapter 23. 

(VVV) Nebraska Administrative Code 

Title 178 Chapter 24. 

(WWW) Nebraska Administrative 

Code Title 200 Chapter 1 [entire 

regulation]. 

(XXX) National Fire Protection 

Association 30: Flammable and 

Combustible Liquids Code (21.7.4.3.1– 

21.7.4.3.3) 2012 Version. 

(2) Statement of legal authority. The 

‘‘State of Nebraska Office of the 

Attorney General Letter’’, signed by the 

Nebraska Attorney General on August 

17, 2022, though not incorporated by 

reference, are referenced as part of the 

approved underground storage tank 

program under Subtitle I of RCRA, 42 

U.S.C. 6991 et seq. 

(3) Demonstration of procedures for 

adequate enforcement. The 

‘‘Demonstration of Adequate 

Enforcement Procedures’’ submitted as 

part of the original application on 

September 8, 2023, and as part of the 

program revision application on 

September 8, 2023, though not 

incorporated by reference, is referenced 

as part of the approved underground 

storage tank program under Subtitle I of 

RCRA, 42 U.S.C. 6991 et seq. 

(4) Program description. The program 

description and any other material 

submitted as part of the original 

application on September 8, 2023, and 

as part of the program revision 

application on September 8, 2023, 

though not incorporated by reference, 

are referenced as part of the approved 

underground storage tank program 

under Subtitle I of RCRA, 42 U.S.C. 

6991 et seq. 

(5) Memorandum of Agreement. The 

Memorandum of Agreement between 

EPA Region 7 and the Nebraska 

Department of Environmental Quality 

and the Nebraska State Fire Marshal’s 

Office, signed by the EPA Regional 

Administrator on February 10, 2019, 

though not incorporated by reference, is 

referenced as part of the approved 

underground storage tank program 

under Subtitle I of RCRA, 42 U.S.C. 

6991 et seq. 

■ 3. Appendix A to part 282 is amended 

by adding an entry for ‘‘Nebraska’’ to 

read as follows: 

Appendix A to Part 282—State 

Requirements Incorporated by 

Reference in Part 282 of the Code of 

Federal Regulations 

* * * * * 

Nebraska 

(a) The statutory provisions include: 

(1) Nebraska Revised Statutes section 81– 

503.01(1)(h). 

(2) Nebraska Revised Statutes section 81– 

1502(6)–(7), (10)–(11), (14), (20)–(22), (24)– 

(27), and (30). 

(3) Nebraska Revised Statutes section 81– 

1504(31)–(32). 

(4) Nebraska Revised Statutes section 81– 

15, 117. 

(5) Nebraska Revised Statutes section 81– 

15, 118. 

(6) Nebraska Revised Statutes section 81– 

15, 119(1)–(10), (10)(c)–(11). 

(7) Nebraska Revised Statutes section 81– 

15, 123(1), (4)(a), (6)–(9), (11), (12) as it refers 

to training operators. 

(8) Nebraska Revised Statutes sections 81– 

15, 124(1)–(2) and (3) first sentence. 

(9) Nebraska Revised Statutes sections 81– 

15, 124.03. 

(b) The regulatory provisions include: 

(1) Nebraska Administrative Code Title 159 

Chapter 1. 

(2) Nebraska Administrative Code Title 159 

Chapter 2. 

(3) Nebraska Administrative Code, Title 

159 Chapter 3 as it references 40 CFR 

80.20(e)(2). 

(4) Nebraska Administrative Code Title 159 

Chapter 4. 

(5) Nebraska Administrative Code Title 159 

Chapter 5. 

(6) Nebraska Administrative Code Title 159 

Chapter 6. 

(7) Nebraska Administrative Code Title 159 

Chapter 7. 

(8) Nebraska Administrative Code Title 159 

Chapter 8. 

(9) Nebraska Administrative Code Title 159 

Chapter 9 as it adopts 40 CFR 280.90 through 

280.115 by reference and 9.002. 

(10) Nebraska Administrative Code Title 

159 Chapter 10. 

(11) Nebraska Administrative Code Title 

159 Chapter 11.001–11.0003.02. 

(12) Nebraska Administrative Code Title 

159 Chapter 12. 

(13) Nebraska Administrative Code Title 

159 Chapter 13.001–13.002, 13.004–13.008. 

(14) Nebraska Administrative Code Title 

159 Chapter 14. 

(15) Nebraska Administrative Code Title 

115 Chapter 3.001.02, 3.014, 3.016–3.018. 

(16) Nebraska Administrative Code Title 

118 Chapter 1. 

(17) Nebraska Administrative Code Title 

118 Chapter 2. 

(18) Nebraska Administrative Code Title 

118 Chapter 6.002. 

(19) Nebraska Administrative Code Title 

118 Chapter 7. 

(20) Nebraska Administrative Code Title 

118 appendix B. 


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97558 Federal Register / Vol. 89, No. 236 / Monday, December 9, 2024 / Rules and Regulations 

(21) Nebraska Administrative Code Title 

126 Chapter 1.001, 1.005, 1.011, 1.013, 

1.020–1.022, 1.024, 1.030.01, 1.031, 1.033– 

1.034, 1.036–1.038, 1.040, 1.045. 

(22) Nebraska Administrative Code Title 

126 Chapter 18. 

(23) Nebraska Administrative Code Title 

178 Chapters 12.001, 12–03, 12–06—12–07, 

12–09, 12–011.01—12–011.01B1, 12– 

011.01C—12–012.08B, 12–012.08D—12– 

012.08F2, 12–012.09—12–14, the tables and 

figures, and the following definitions found 

at Title 178, Chapter 12–002 Annular Fill, 

Annular Space, Aquifer, Aquifer Seal, 

Primary Aquifer Seal, Surface Seal, Backflow 

Preventer, Bentonite, Bentonite Seal, Bored 

or Dug Well, Casing, Cesspool, Clay, 

Community Water System, Confining Layer, 

Construction of Water Wells, Contamination, 

Decommissioned when used in relation to a 

water well, Department, Dewatering Well, 

Discharge Pipe, Distribution Piping, Good 

Cause, Gravel Pack, Ground Water, Grout, 

Installation of Pumps and Pumping 

Equipment, Monitoring Well, Non-potable 

Well, Observation Well, Person, Pitless Unit, 

Pollution, Potable Well, Primary Aquifer 

Seal, Public Water System, (Licensed) Pump 

Installation Contractor, (Licensed) Pump 

Installation Supervisor, Pumps and Pumping 

Equipment, Recovery Well, Sanitary Well 

Seal, Screen Apertures, Screened Vent, 

Secure Cover or Cap, Seepage Pit, Septic 

Tank, Soil Absorption System (Septic Lateral 

Field), Static Water Level, Substantially 

Equivalent, Subsurface Disposal System, 

Supervision or its derivatives, Surface Seal, 

Test Hole, Tremie Pipe, Watertight Casing, 

Watertight Secure Cover, Water Well, 

(Licensed) Water Well Contractor, (Licensed) 

Water Well Drilling Supervisor, Well 

Development, Well Pit, Well Screen. 

[FR Doc. 2024–28140 Filed 12–6–24; 8:45 am] 

BILLING CODE 6560–50–P 

DEPARTMENT OF HEALTH AND 

HUMAN SERVICES 

42 CFR Part 11 

[Docket No. NIH–2024–0001] 

RIN 0925–AA71 

Clinical Trials Registration and Results 

Information Submission 

AGENCY: National Institutes of Health, 

HHS. 

ACTION: Final rule; technical 

amendment. 

SUMMARY: The Department of Health and 

Human Services (HHS), through the 

National Institutes of Health (NIH), is 

amending its regulation governing 

clinical trials registration and results 

information submission to update 

throughout the regulation the internet 

web address or uniform resource locator 

(URL) of the site that provides 

information about formatting of 

information for submission, procedures, 

and tools as specified in the regulation. 

DATES: This final rule is effective 

December 9, 2024. 

FOR FURTHER INFORMATION CONTACT: 

Daniel Hernandez, NIH Regulations 

Officer, Office of Management 

Assessment, Division of Management 

Support, 6011 Executive Boulevard, 

Suite 601, Rockville, Maryland 20852– 

7669, telephone 301–435–3343, email 

dhernandez@od.nih.gov. 

SUPPLEMENTARY INFORMATION: NIH is 

completing a multiyear initiative to 

modernize the ClinicalTrials.gov 

website to deliver an improved user 

experience on an updated platform that 

enhances efficiency. The modernized 

website integrates content from the 

prsinfo.clinicaltrials.gov website, which 

is referenced in several sections of 42 

CFR part 11 as the web address for 

obtaining information on formatting and 

other guidance, into the centralized 

ClinicalTrials.gov website at https://

clinicaltrials.gov for convenience and 

ease of access. This address change 

necessitates amending the regulation to 

update the URL for the 

prsinfo.clinicaltrials.gov successor site. 

NIH considered other options and 

concluded that this final rule technical 

amendment is necessary because the 

current codified URL is referenced 

throughout the regulation itself (i.e., as 

opposed to the Preamble alone). 

Moreover, the ‘‘or successor site’’ 

modifier is not always used in the 

regulation; for example, 42 CFR 11.8 

states ‘‘Information submitted under 

this part must be submitted 

electronically to ClinicalTrials.gov, in 

the format specified at https://

prsinfo.clinicaltrials.gov.’’ 

The address change necessitates 

amending the regulation codified at 42 

CFR part 11 by removing the URL 

address https://prsinfo.clinicaltrials.gov 

wherever it appears in part 11, and 

adding, in its place, the URL https://

clinicaltrials.gov or successor site. 

Specifically, this action results in 

removing the URL https://

prsinfo.clinicaltrials.gov and adding, in 

its place, the URL https://

clinicaltrials.gov or successor site in 

§§ 11.4(c)(2)(ii) and (c)(3), 11.8, 

11.44(e)(3)(i), 11.48(a)(5) and (b), 

11.54(a)(1) and (b)(1), and 11.64(b)(1) in 

part 11. 

Amending the regulation is time 

sensitive, as NIH completed integration 

of content from the 

prsinfo.clinicaltrials.gov website into 

the modernized ClinicalTrials.gov 

website in June 2024. The address 

change is cost neutral, editorial in 

nature, and does not impose any new 

regulatory requirements on affected 

parties. 

Matters of Regulatory Procedure 

Administrative Procedure Act 

Publication of this document 

constitutes final action on these changes 

under the Administrative Procedure Act 

(APA) (5 U.S.C. 553). The APA 

generally exempts rules from the 

requirements of notice and comment 

rulemaking when an agency ‘‘for good 

cause finds (and incorporates the 

finding and a brief statement of reasons 

therefor in the rule issued) that notice 

and public procedure thereon are 

impracticable, unnecessary, or contrary 

to the public interest’’ (5 U.S.C. 

553(b)(B)). 

HHS has determined that notice and 

public comment are unnecessary 

because this amendment to the 

regulation provides only technical or 

non-substantive, administrative changes 

to specify the location of information 

about formatting of information for 

submission, procedures, and tools as 

specified in the regulation. 

Additionally, HHS finds good cause 

for these amendments to become 

effective on the date of publication of 

this rulemaking action. The APA allows 

an effective date of less than 30 days 

after publication as ‘‘provided by the 

agency for good cause found and 

published with the rule’’ (5 U.SC. 

553(d)(3). A delayed effective date is 

unnecessary in this case because the 

amendments do not impose any new 

regulatory requirements on affected 

parties. As a result, affected parties do 

not need time to prepare before the rule 

takes effect. Therefore, HHS finds good 

cause for this correction to become 

effective on the date of publication of 

this rulemaking action. 

Further, it is in the public interest that 

correct and up-to-date information be 

contained in the affected sections of the 

regulation at 42 CFR part 11 as soon as 

possible. 

Regulatory Impact Analysis 

NIH examined the impacts of this rule 

under Executive Order 12866, 

Regulatory Planning and Review; 

Executive Order 13563, Improving 

Regulation and Regulatory Review; 

Executive Order 14094, Modernizing 

Regulatory Review; Executive Order 

13132, Federalism; the Regulatory 

Flexibility Act (5 U.S.C. 601–612); and 

the Unfunded Mandates Reform Act of 

1995 (Pub. L. 104–4). 

Executive Orders 12866, 13563, and 

14094 

Executive Orders 12866 and 13563 

direct agencies to assess all costs and 

benefits of available regulatory 

alternatives and, if regulation is 


ddrumheller on DSK120RN23PROD with RULES1