[Federal Register Volume 86, Number 168 (Thursday, September 2, 2021)]
[Rules and Regulations]
[Pages 49253-49259]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-18914]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 282

[EPA-R07-UST-2021-0345; FRL-8775-02-R7]


Kansas: Final Approval of State Underground Storage Tank Program 
Revisions, Codification, and Incorporation by Reference

AGENCY: Environmental Protection Agency (EPA).

ACTION: Direct final rule.

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SUMMARY: Pursuant to the Resource Conservation and Recovery Act (RCRA 
or Act), the Environmental Protection Agency (EPA) is taking direct 
final action to approve revisions to the State of Kansas's Underground 
Storage Tank (UST) program submitted by the Kansas Department of Health 
and Environment (KDHE). This action also codifies EPA's approval of 
Kansas'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 November 1, 2021, unless EPA receives 
adverse comment by October 4, 2021. 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 November 1, 2021, 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: <a href="/cdn-cgi/l/email-protection#2e434f404d4b004d4f5d5d4f404a5c4f6e4b5e4f00494158"><span class="__cf_email__" data-cfemail="cda0aca3aea8e3aeacbebeaca3a9bfac8da8bdace3aaa2bb">[email protected]</span></a>.
    Instructions: Direct your comments to Docket ID No. EPA-R07-UST-
2021-0345. 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

[[Page 49254]]

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 
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 www.regulations.gov or by contacting 
Cassandra Mance at (913) 551-7355 or <a href="/cdn-cgi/l/email-protection#8fe2eee1eceaa1eceefcfceee1ebfdeecfeaffeea1e8e0f9"><span class="__cf_email__" data-cfemail="82efe3ece1e7ace1e3f1f1e3ece6f0e3c2e7f2e3ace5edf4">[email protected]</span></a>. Out of an 
abundance of caution for members of the public and our staff, the EPA 
Region 7 office will be closed to the public to reduce the risk of 
transmitting COVID-19. 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: Cassandra Mance, Tanks, Toxics, and 
Pesticides Branch, Land, Chemical, and Redevelopment Division, U.S. 
Environmental Protection Agency, Region 7, 11201 Renner Boulevard, 
Lenexa, Kansas 66219; (913) 551-7355; <a href="/cdn-cgi/l/email-protection#bcd1ddd2dfd992dfddcfcfddd2d8ceddfcd9ccdd92dbd3ca"><span class="__cf_email__" data-cfemail="f29f939c9197dc91938181939c968093b2978293dc959d84">[email protected]</span></a>.

SUPPLEMENTARY INFORMATION:

I. Approval of Revisions to Kansas'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 equivalent to, consistent with, and no 
less stringent than the Federal UST program. Either EPA or the approved 
state may 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.

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

    On February 11, 2021, in accordance with 40 CFR 281.51(a), Kansas 
submitted a complete program revision application seeking the EPA 
approval for its UST program revisions (State Application). Kansas'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 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 State Application and determined that the revisions 
to Kansas's UST program are equivalent to, consistent with, and no less 
stringent than the corresponding Federal requirements in subpart C of 
40 CFR part 281, and that the Kansas program provides for adequate 
enforcement of compliance (40 CFR 281.11(b)). Therefore, the EPA grants 
Kansas 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 Kansas 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 Kansas previously been approved?

    On June 6, 1994, the EPA finalized a rule approving the UST 
program, effective July 6, 1994, to operate in lieu of the Federal 
program. On September 27, 1994, effective November 28, 1994, the EPA 
codified the approved Kansas program, incorporating by reference the 
State statutes and regulatory provisions that are 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?

    On February 11, 2021, in accordance with 40 CFR 281.51(a), Kansas 
submitted a complete application for final approval of its UST program 
revisions adopted on July 6, 2020. The EPA now makes an immediate final 
decision, subject to receipt of written comments that oppose this 
action, that Kansas's UST program revisions satisfy all of the 
requirements necessary to qualify for final approval. Therefore, EPA 
grants Kansas final approval for the following program changes:

[[Page 49255]]



------------------------------------------------------------------------
        Required Federal element           Implementing State authority
------------------------------------------------------------------------
40 CFR 281.30, New UST Systems and       KAR 28-44 Sections 13; 14; 16;
 Notification.                            17(a); 17(c); 19; 23; and 31.
40 CFR 281.31, Upgrading Existing UST    KAR 28-44 Sections 16(a)-(b)
 Systems.                                 and 31.
40 CFR 281.32, General Operating         KAR 28-44 Sections 19 and 23.
 Requirements.
40 CFR 281.33, Release Detection.......  KAR 28-44 Sections 23 and 31.
40 CFR 281.34, Release Reporting,        KAR 28-44 Section 24.
 Investigation, and Confirmation.
40 CFR 281.35, Release Response and      KAR 28-44 Section 25.
 Corrective Action.
40 CFR 281.36, Out-of-service Systems    KAR 28-44 Sections 26 and 31.
 and Closure.
40 CFR 281.37, Financial Responsibility  KAR 28-44 Section 27.
 for USTs Containing Petroleum.
40 CFR 281.39, Operator Training.......  KAR 28-44 Section 30.
40 CFR 281.41, Legal Authorities for     KAR 28-44 Section 12.
 Enforcement Response.
------------------------------------------------------------------------

    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 KDHE 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: Kansas Statutes Annotated, Chapter 65, Article 34, 
Section 100 et seq., and Kansas Administrative Regulations, Chapter 28, 
Article 44.

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 scope than the Federal program, and are therefore not 
enforceable as a matter of Federal law pursuant to 40 CFR 
281.12(a)(3)(ii):
    Kansas statutes and regulations include references to the 
aboveground storage tank program, which is broader in scope than the 
Federal program. KSA 65-34 Sections 105(a)(2), 105(a)(13), 106(a), 118, 
129, and 130; KAR 28-44 Section 29.
    Agreements between the secretary and local governments or agencies 
to act as the secretary's agent in order to carry out provisions of the 
Kansas Storage Tank Act are broader in scope than the Federal program. 
KSA 65-34 Section112.
    Kansas statutory provisions related to the petroleum storage tank 
release trust funds, environmental assurance fee, and storage tank fee 
fund are broader in scope than the Federal program. KSA 65-34 Sections 
114, 117, 119-125, and 128.
    Kansas statutory provisions related to the third-party liability 
insurance plan and severability are broader in scope than the Federal 
program. KSA 65-34 Sections 126 and 127.
    Kansas statutory provisions related to the UST redevelopment fund 
are broader in scope. KSA 65-34 Sections 131-134.
    Each person installing, removing, or testing a UST or UST system 
must be licensed in Kansas, submit nonrefundable initial licensing and 
annual renewal fees, and may have a license suspended or revoked if the 
requirements are not met. KSA 65-34 Sections 105(a)(8), 105(a)(11), 
105(a)(12), 110, and 111; KAR 28-44 Sections 12(c), 12(d), 20, 21, and 
22.
    Each owner must obtain an installation or modification permit from 
the department before installing or modifying a UST or UST system and 
submit an installation application fee. KSA 65-34 Sections 105(a)(10) 
and 106; KAR 28-44 Sections 12(d) and 15.
    Each owner of a UST must submit a registration fee and an annual 
operating fee for each tank. If an owner fails to submit the completed 
registration notification form or secure an annual operating permit 
within the state-specified timeframe, the owner will be assessed 
penalty fees. KSA 65-34 Section 105(a)(10); KAR 28-44 Sections 12(d), 
17(b), 17(c) as it applies to penalty fees, 17(d), 17(e), and 17(f).
    Any owner or operator of a nonregulated tank may register that tank 
with the department for the purpose of qualifying the owner or operator 
to participate in the petroleum storage tank release trust funds. KAR 
28-44 Section 18.
More Stringent Provisions
    The following regulatory requirements are considered more stringent 
than the federal program, and on approval, they become part of the 
federally approved program and are federally enforceable pursuant to 40 
CFR 281.12(a)(3)(i):
    UST systems with impressed current cathodic protection systems must 
be inspected every 30 days to ensure the equipment is running properly. 
KAR 28-44 Section 19(a)(2).
    In addition to the recordkeeping requirements listed at 40 CFR 
280.34(b), owners and operators of UST systems shall also maintain 
records on the drop tickets for the preceding 12 months. Kansas defines 
drop tickets as a bill of lading, invoice, or similar document that 
reflects fuel delivery by a petroleum transport company to a specific 
facility and includes the deliverer's name, the delivery date, and the 
quantity delivered. KAR 28-44 Sections 14(c)(1) and 19(a)(8)(B)(iii).
    Only field-constructed tanks and airport hydrant fuel distribution 
systems can use vapor monitoring as an approved leak detection method. 
KAR 28-44 Section 23(e).
    Groundwater monitoring is not an approved leak detection method. 
KAR 28-44 Section 23(f).
    Within 15 days of permanent closure, each owner or operator shall 
ensure that each contractor submits a completed permanent tank 
abandonment form to the department. KAR 28-44 Section 26(a)(3)(C).
    No comparable exam is accepted for operator training. KAR 28-44 
Section 30(a)(1)(A).
    Each Class A operator of a facility or group of facilities shall 
reside or be stationed within four hours of each managed facility to 
respond to emergencies as needed. KAR 28-44 Section 30(a)(1)(C).

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 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

[[Page 49256]]

scope of the approved program in each state.

B. What is the history of codification of Kansas's UST program?

    EPA incorporated by reference the KDHE approved UST program 
effective November 28, 1994 (59 FR 186; September 27, 1994). In this 
document, EPA is revising 40 CFR 282.66 to include 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 Kansas 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 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 Kansas's 
approved UST program. The codification reflects the State program that 
would be in effect at the time EPA's approved revisions to the Kansas 
UST program addressed in this direct final rule become final. The 
document incorporates by reference Kansas's UST statutes and 
regulations and clarifies which of these provisions are included in the 
approved and federally enforceable program. By codifying the approved 
Kansas program and by amending the CFR, the public will more easily be 
able to discern the status of the federally-approved requirements of 
the Kansas program.
    EPA is incorporating by reference the Kansas approved UST program 
in 40 CFR 282.66. Section 282.66(d)(1)(i) incorporates by reference for 
enforcement purposes the State's statutes and regulations.
    Section 282.66 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 Kansas'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 Kansas procedural 
and enforcement authorities. Section 282.66(d)(1)(ii) of 40 CFR lists 
those approved Kansas 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 282.66(d)(1)(iii) lists for reference 
and clarity the Kansas 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 Kansas'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:

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 Orders 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. 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).

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: Services 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.

[[Page 49257]]

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) do not apply.

H. 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.

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.

J. 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.

K. 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 November 1, 2021 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, Insurance, Intergovernmental relations, Oil pollution, 
Penalties, Petroleum, Reporting and recordkeeping requirements, Surety 
bonds, Water pollution control, Water supply.

    Dated: August 24, 2021.
Edward H. Chu,
Acting 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

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

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


0
2. Revise Sec.  282.66 to read as follows:


Sec.  282.66  Kansas State-Administered Program.

    (a) History of the approval of Kansas's program. The State of 
Kansas 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 Kansas 
Department of Health and Environment, was approved by EPA pursuant to 
42 U.S.C. 6991c and part 281 of this Chapter. EPA approved the Kansas 
program on June 6, 1994, and it was effective on July 6, 1994. A 
subsequent program revision application was approved by EPA and became 
effective on November 1, 2021.
    (b) Enforcement authority. Kansas 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, Kansas 
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 Kansas 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) Final program approval. Kansas has final approval for the 
following elements of its program application originally submitted to 
EPA and approved on June 6, 1994 and effective July 6, 1994, and the 
program revision application approved by EPA, effective on November 1, 
2021.
    (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 Kansas regulations and statutes that are 
incorporated by reference in this paragraph from the Kansas Department 
of Health and Environment website at: www.kdheks.gov/tanks/regs.html or 
the KDHE Storage Tank Section, 1000 SW Jackson, Suite 410, Topeka, KS 
66612; Phone number: (785) 296-1678. You may inspect all approved 
material at the EPA Region 7 Office, 11201 Renner Boulevard, Lenexa, KS 
66219; Phone Number: (913) 551-7355; or the National Archives and 
Records Administration (NARA), Email: <a href="/cdn-cgi/l/email-protection#ee888b8a9c8b89c0828b898f82ae808f9c8fc0898198"><span class="__cf_email__" data-cfemail="a5c3c0c1d7c0c28bc9c0c2c4c9e5cbc4d7c48bc2cad3">[email protected]</span></a>, website: 
https://

[[Page 49258]]

www.archives.gov/federal-register/cfr/ibr-locations.html.
    (A) EPA-Approved Kansas Statutory Requirements Applicable to the 
Underground Storage Tank Program, July 2015.
    (B) EPA-Approved Kansas Regulatory Requirements Applicable to the 
Underground Storage Tank Program, July 2020.
    (ii) Legal basis. EPA evaluated the following statutes, 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: Kansas Statutes Annotated, Chapter 65, Public Health, 
Article 34, Kansas Storage Tank Act, Sections: 108--Enforcement of act: 
Duties of owner or operator; records, reports, documents, other 
information; 109--Unlawful acts: penalties; and 113--Civil penalties 
and remedies for violations.
    (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) Kansas Statutes Annotated, Chapter 65, Public Health, Article 
34, Kansas Storage Tank Act, Sections: 105(a)(2) and 105(a)(13) as they 
apply to aboveground storage tanks; 105(a)(8) as it applies to tank 
tightness tester qualifications; 105(a)(10) as it applies to 
registration and permit fees; 105(a)(11) and 105(a)(12) as they apply 
to licensing tank installers and/or contractors and fees for these 
licenses; 106 as it applies to aboveground storage tanks and permits to 
construct, install, or modify storage tanks; 110 as it applies to 
licensing tank installers and contractors; 111 as it applies to 
suspension of licenses; 112 as it applies to agreements between 
secretary and local governments; 114 as it applies to the underground 
petroleum storage tank release trust fund; 117 as it applies to the 
environmental assurance fee; 118 as it applies to corrective action for 
aboveground storage tanks; 119-125 as they apply to the petroleum 
storage tank release trust funds; 126 and 127 as they apply to the 
third party liability insurance plan; 128 as it applies to the storage 
tank fee fund; 129 and 130 as they apply to the aboveground petroleum 
storage tank release trust fund; 131-134 and 139 as they apply to the 
UST redevelopment fund.
    (B) Kansas Department of Health and Environment Permanent 
Administrative Regulations, Chapter 28, Article 44, Petroleum Products 
Storage Tanks, Sections: 12(c) as it applies to the suspension and 
revocation of licenses; 12(d) as it applies to fee payments; 15 as it 
applies to underground storage tank installation or modification 
permits and the fees for these permits; 17(b)-(f) as they apply to the 
fees for underground storage tank registration and annual operating 
permits and the associated penalties; 18 as it applies to registration 
of non-regulated underground storage tanks; 20-22 as they apply to 
licensing underground storage tank contractors, installers, testers, 
and removers, fees for these licenses, and the suspension or revocation 
of tester licenses; 29 as it applies to aboveground storage tanks.
    (2) Statement of legal authority. The ``Attorney General's Letter 
of Certification'', signed by the Kansas Attorney General on August 23, 
1993, and December 4, 2020, 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 July 2, 1992, and as part of the program 
revision application on February 11, 2021, 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 July 2, 1992, 
and as part of the program revision application on February 11, 2021, 
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 Kansas Department of Health and Environment, 
signed by the EPA Regional Administrator on March 25, 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.

0
3. Appendix A to part 282 is amended by revising the entry for 
``Kansas'' to read as follows:

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

* * * * *

Kansas

    (a) The statutory provisions include Kansas Statutes Annotated, 
2015; Chapter 65, Public Health; Article 34, Solid and Hazardous 
Waste; Section 100 et seq., Kansas Storage Tank Act:
    Section 100 Statement of legislative findings
    Section 101 Citation of Act
    Section 102 Definitions
    Section 103 Exceptions to application of Act
    Section 104 Notification to department of tank's existence
    Section 105 Rules and regulations, except for 65-34, 105 (a)(2), 
the following words in (a)(8), ``including determination of the 
qualifications of persons performing or offering to perform such 
testing,'' (a)(10), (a)(11), (a)(12) and the following words in 
(a)(13), ``and aboveground storage tanks in existence on July 1, 
1992'' and ``and aboveground storage tanks placed in service prior 
to July 1, 1992''
    Section 106 Permit to construct, install, modify, or operate 
storage tank, except the following words in the title and (a), 
``construct, install, modify or'' and ``and any aboveground storage 
tank registered with the department on July 1, 1992,''
    Section 107 Evidence of financial responsibility required; 
limitation of liability
    Section 115 Liability for costs of corrective action
    Section 118 Corrective action; duties of owners and operators; 
duties of Secretary; consent agreement; contents, except for the 
following words in (b), ``or from the aboveground fund, if the 
release was from an aboveground petroleum storage tank.'' and ``or 
from the aboveground fund, if the release was from an aboveground 
petroleum storage tank.''
    Section 135 Underground storage tank operators, training 
program, requirements
    Section 138 Underground storage tank systems; secondary 
containment
    (b) The regulatory provisions include Kansas Administrative 
Regulations, 2020; Chapter 28, Department of Health and Environment; 
Article 44, Petroleum Products Storage Tanks:
    Section 12 General provisions, except (c) and (d)
    Section 13 Program scope and interim prohibition
    Section 14 Definitions
    Section 16 Underground storage tank systems: Design, 
construction, installation, modification, and notification
    Section 17 Underground storage tank registration and operating 
permit, except (b), the following words in (c), ``be assessed a 
penalty fee of $50.00 for each tank if the owner fails to'', (d), 
(e), and (f)
    Section 19 General operating requirements
    Section 23 Release detection
    Section 24 Release reporting, investigation, and confirmation

[[Page 49259]]

    Section 25 Release response and corrective action for UST 
systems
    Section 26 Out-of-service UST systems and closure
    Section 27 Financial responsibility
    Section 30 Operating training and requirements
    Section 31 UST systems with field-constructed tanks and airport 
hydrant fuel distribution systems
* * * * *
[FR Doc. 2021-18914 Filed 9-1-21; 8:45 am]
BILLING CODE 6560-50-P


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