Federal Register / Vol. 86, No. 168 / Thursday, September 2, 2021 / Rules and Regulations 49253 

required information to the U.S. Senate, 

the U.S. House of Representatives, and 

the Comptroller General of the United 

States prior to publication of the rule 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). 

Under section 307(b)(1) of the CAA, 

petitions for judicial review of this 

action must be filed in the United States 

Court of Appeals for the appropriate 

circuit by November 1, 2021. Filing a 

petition for reconsideration by the 

Administrator of this final rule does not 

affect the finality of this action for the 

purposes of judicial review nor does it 

extend the time within which a petition 

for judicial review may be filed, and 

shall not postpone the effectiveness of 

such rule or action. This action may not 

be challenged later in proceedings to 

enforce its requirements. (See section 

307(b)(2)). 

List of Subjects in 40 CFR Part 52 

Environmental protection, Air 

pollution control, Incorporation by 

reference, Nitrogen Dioxide, 

Intergovernmental Relations, Ozone, 

Reporting and recordkeeping 

requirements, Volatile Organic 

Compounds. 

Authority: 42 U.S.C. 7401 et seq. 

Dated: August 27, 2021. 

Walter Mugdan, 

Acting Regional Administrator, Region 2. 

Part 52, chapter I, title 40 of the Code 

of Federal Regulations is amended as 

follows: 

PART 52—APPROVAL AND 

PROMULGATION OF 

IMPLEMENTATION PLANS 

■ 1. The authority citation for part 52 

continues to read as follows: 

Authority: 42 U.S.C. 7401 et seq. 

Subpart HH—New York 

■ 2. In § 52.1670, the table in paragraph 

(e) is amended by adding entries for 

‘‘Section 110(a)(2) 

Infrastructure Requirements for the 

2015 ozone NAAQS’’ and ‘‘Section 

110(a)(2)(G) 

Infrastructure Requirements for the 

2015 ozone NAAQS’’ at the end of the 

table to read as follows: 

§ 52.1670 Identification of plan. 

* * * * * 

(e) * * * 

EPA–APPROVED NEW YORK NONREGULATORY AND QUASI–REGULATORY PROVISION

Action/SIP element Applicable geographic or 

nonattainment area 

New York 

submittal date EPA approval date Explanation 

*******

Section 110(a)(2) Infrastructure Requirements for the 

2015 Ozone NAAQS.

Statewide ............................... 09/25/2018 9/2/2021, [insert Federal 

Register citation].

Full approval. This action addresses the following CAA 

elements: 110(a)(2)(A), (B), 

(C), (D)(i)(II), (D)(ii), (E), 

(F), (H), (J), (K), (L), (M). 

Section 110(a)(2)(G) Infrastructure Requirements for 

the 2015 Ozone NAAQS.

Statewide ............................... 07/10/2019 9/2/2021, [insert Federal 

Register citation].

Full approval. 

[FR Doc. 2021–18989 Filed 9–1–21; 8:45 am] 

BILLING CODE 6560–50–P 

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. 

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: mance.cassandra@epa.gov. 

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 


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49254 Federal Register / Vol. 86, No. 168 / Thursday, September 2, 2021 / Rules and Regulations 

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 mance.cassandra@epa.gov. 

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; 

mance.cassandra@epa.gov. 

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: 


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Required Federal element Implementing State authority 

40 CFR 281.30, New UST Systems and Notification .............................. KAR 28–44 Sections 13; 14; 16; 17(a); 17(c); 19; 23; and 31. 

40 CFR 281.31, Upgrading Existing UST Systems ................................. KAR 28–44 Sections 16(a)–(b) and 31. 

40 CFR 281.32, General Operating Requirements ................................. KAR 28–44 Sections 19 and 23. 

40 CFR 281.33, Release Detection ......................................................... KAR 28–44 Sections 23 and 31. 

40 CFR 281.34, Release Reporting, Investigation, and Confirmation ..... KAR 28–44 Section 24. 

40 CFR 281.35, Release Response and Corrective Action .................... KAR 28–44 Section 25. 

40 CFR 281.36, Out-of-service Systems and Closure ............................ KAR 28–44 Sections 26 and 31. 

40 CFR 281.37, Financial Responsibility for USTs Containing Petroleum.KAR 28–44 Section 27. 

40 CFR 281.39, Operator Training .......................................................... KAR 28–44 Section 30. 

40 CFR 281.41, Legal Authorities for Enforcement Response ............... KAR 28–44 Section 12. 

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 statespecified 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 


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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. 


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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 

■ 1. The authority citation for part 282 

continues to read as follows: 

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

and 6991e. 

■ 2. Revise § 282.66 to read as follows: 

§ 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: 

fedreg.legal@nara.gov, website: https:// 


lotter on DSK11XQN23PROD with RULES1
49258 Federal Register / Vol. 86, No. 168 / Thursday, September 2, 2021 / Rules and Regulations 

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. 

■ 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 


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Federal Register / Vol. 86, No. 168 / Thursday, September 2, 2021 / Rules and Regulations 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 fieldconstructed tanks and airport hydrant fuel 

distribution systems 

* * * * * 

[FR Doc. 2021–18914 Filed 9–1–21; 8:45 am] 

BILLING CODE 6560–50–P 

DEPARTMENT OF COMMERCE 

National Oceanic and Atmospheric 

Administration 

50 CFR Part 679 

[Docket No. 210210–0018] 

RTID 0648–XB388 

Fisheries of the Exclusive Economic 

Zone Off Alaska; ‘‘Other Rockfish’’ in 

the Western and Central Regulatory 

Areas of the Gulf of Alaska 

AGENCY: National Marine Fisheries 

Service (NMFS), National Oceanic and 

Atmospheric Administration (NOAA), 

Commerce. 

ACTION: Temporary rule; closure. 

SUMMARY: NMFS is prohibiting retention 

of ‘‘other rockfish’’ in the Western and 

Central Regulatory Areas of the Gulf of 

Alaska (GOA). This action is necessary 

to prevent exceeding the 2021 total 

allowable catch of ‘‘other rockfish’’ in 

the Western and Central Regulatory 

Areas of the GOA. 

DATES: Effective 1200 hours, Alaska 

local time (A.l.t.), August 30, 2021, 

through 2400 hours, A.l.t., December 31, 

2021. 

FOR FURTHER INFORMATION CONTACT: 

Steve Whitney, 907–586–7228. 

SUPPLEMENTARY INFORMATION: NMFS 

manages the groundfish fishery in the 

GOA exclusive economic zone 

according to the Fishery Management 

Plan for Groundfish of the Gulf of 

Alaska (FMP) prepared by the North 

Pacific Fishery Management Council 

under authority of the MagnusonStevens Fishery Conservation and 

Management Act. Regulations governing 

fishing by U.S. vessels in accordance 

with the FMP appear at subpart H of 50 

CFR parts 600 and 679. 

The 2021 total allowable catch (TAC) 

of ‘‘other rockfish’’ in the Western and 

Central Regulatory Areas of the GOA is 

940 metric tons (mt) as established by 

the final 2021 and 2022 harvest 

specifications for groundfish of the GOA 

(86 FR 10184, February 19, 2021). 

In accordance with § 679.20(d)(2), the 

Administrator, Alaska Region, NMFS 

(Regional Administrator), has 

determined that the 2021 ‘‘other 

rockfish’’ TAC in the Western and 

Central Regulatory Areas of the GOA 

will soon be reached. Therefore, NMFS 

is requiring that ‘‘other rockfish’’ in the 

Western and Central Regulatory Areas of 

the GOA be treated as prohibited 

species in accordance with § 679.21(b), 

as described under § 679.21(a), for the 

remainder of the year, except other 

rockfish species in the Western and 

Central Regulatory Areas of the GOA 

caught by catcher vessels using hookand-line, pot, or jig gear as described in 

§ 679.20(j). 

Classification 

NMFS issues this action pursuant to 

section 305(d) of the Magnuson-Stevens 

Act. This action is required by 50 CFR 

part 679, which was issued pursuant to 

section 304(b), and is exempt from 

review under Executive Order 12866. 

Pursuant to 5 U.S.C. 553(b)(B), there 

is good cause to waive prior notice and 

an opportunity for public comment on 

this action, as notice and comment 

would be impracticable and contrary to 

the public interest, as it would prevent 

NMFS from responding to the most 

recent fisheries data in a timely fashion 

and would delay prohibiting retention 

of ‘‘other rockfish’’ in the Western and 

Central Regulatory Areas of the GOA. 

NMFS was unable to publish a notice 

providing time for public comment 

because the most recent, relevant data 

only became available as of August 26, 

2021. 

The Assistant Administrator for 

Fisheries, NOAA also finds good cause 

to waive the 30-day delay in the 

effective date of this action under 5 

U.S.C. 553(d)(3). This finding is based 

upon the reasons provided above for 

waiver of prior notice and opportunity 

for public comment. 

Authority: 16 U.S.C. 1801 et seq. 

Dated: August 30, 2021. 

Jennifer M. Wallace, 

Acting Director, Office of Sustainable 

Fisheries, National Marine Fisheries Service. 

[FR Doc. 2021–18990 Filed 8–30–21; 4:15 pm] 

BILLING CODE 3510–22–P 

DEPARTMENT OF COMMERCE 

National Oceanic and Atmospheric 

Administration 

50 CFR Part 679 

[Docket No. 210210–0018; RTID 0648– 

XB321] 

Fisheries of the Exclusive Economic 

Zone Off Alaska; Pacific Cod by 

Catcher Vessels Greater Than or Equal 

to 50 Feet Length Overall Using Hookand-Line Gear in the Central 

Regulatory Area of the Gulf of Alaska 

AGENCY: National Marine Fisheries 

Service (NMFS), National Oceanic and 

Atmospheric Administration (NOAA), 

Commerce. 

ACTION: Temporary rule; closure. 

SUMMARY: NMFS is prohibiting directed 

fishing for Pacific cod by catcher vessels 

greater than or equal to 50 feet length 

overall (LOA) using hook-and-line gear 

in the Central Regulatory Area of the 

Gulf of Alaska (GOA). This action is 

necessary to prevent exceeding the 2021 

Pacific cod total allowable catch 

apportioned to catcher vessels greater 

than or equal to 50 feet LOA using hookand-line gear in the Central Regulatory 

Area of the GOA. 

DATES: Effective 1200 hours, Alaska 

local time (A.l.t.), September 1, 2021, 

through 2400 hours, A.l.t., December 31, 

2021. 

FOR FURTHER INFORMATION CONTACT: 

Allyson Olds, 907–586–7228. 

SUPPLEMENTARY INFORMATION: NMFS 

manages the groundfish fishery in the 

GOA exclusive economic zone 

according to the Fishery Management 

Plan for Groundfish of the Gulf of 

Alaska (FMP) prepared by the North 

Pacific Fishery Management Council 

under authority of the MagnusonStevens Fishery Conservation and 

Management Act. Regulations governing 

fishing by U.S. vessels in accordance 

with the FMP appear at subpart H of 50 

CFR part 600 and 50 CFR part 679. 

Regulations governing sideboard 

protections for GOA groundfish 

fisheries appear at subpart B of 50 CFR 

part 680. 

The 2021 Pacific cod total allowable 

catch (TAC) apportioned to catcher 

vessels greater than or equal to 50 feet 

LOA using hook-and-line gear in the 

Central Regulatory Area of the GOA is 

680 metric tons (mt), as established by 

the final 2021 and 2022 harvest 

specifications for groundfish of the GOA 

(86 FR 10184, February 19, 2021). 

In accordance with § 679.20(d)(1)(i), 

the Administrator, Alaska Region, 


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