Federal Register / Vol. 86, No. 175 / Tuesday, September 14, 2021 / Rules and Regulations 51001 

environmental, public health and safety 

effects, and other advantages; 

distributive impacts; and equity). 

Executive Order 13563 (Improving 

Regulation and Regulatory Review) 

emphasizes the importance of 

quantifying both costs and benefits, 

reducing costs, harmonizing rules, and 

promoting flexibility. The Office of 

Information and Regulatory Affairs has 

determined that this rule is not a 

significant regulatory action under 

Executive Order 12866. 

The Regulatory Impact Analysis 

associated with this rulemaking can be 

found as a supporting document at 

www.regulations.gov 

Regulatory Flexibility Act 

The Secretary hereby certifies that 

this interim final rule will not have a 

significant economic impact on a 

substantial number of small entities as 

they are defined in the Regulatory 

Flexibility Act (5 U.S.C. 601–612). 

Therefore, pursuant to 5 U.S.C. 

605(b), the initial and final regulatory 

flexibility analysis requirements of 5 

U.S.C. 603 and 604 do not apply. 

Unfunded Mandates 

The Unfunded Mandates Reform Act 

of 1995 requires, at 2 U.S.C. 1532, that 

agencies prepare an assessment of 

anticipated costs and benefits before 

issuing any rule that may result in the 

expenditure by State, local, and tribal 

governments, in the aggregate, or by the 

private sector, of $100 million or more 

(adjusted annually for inflation) in any 

one year. This interim final rule will 

have no such effect on State, local, and 

tribal governments, or on the private 

sector. 

Paperwork Reduction Act 

This interim final rule contains no 

provisions constituting a collection of 

information under the Paperwork 

Reduction Act of 1995 (44 U.S.C. 3501– 

3521). 

Catalog of Federal Domestic Assistance 

The Catalog of Federal Domestic 

Assistance program numbers and titles 

for this rule are: 64.104, Pension for 

Non-Service-Connected Disability for 

Veterans; 64.109, Veterans 

Compensation for Service-Connected 

Disability. 

Congressional Review Act 

Pursuant to the Congressional Review 

Act (5 U.S.C. 801 et seq.), the Office of 

Information and Regulatory Affairs 

designated this rule as not a major rule, 

as defined by 5 U.S.C. 804(2). 

List of Subjects in 38 CFR Part 3 

Administrative practice and 

procedure, Claims, Disability benefits, 

Pensions, Veterans. 

Signing Authority 

Denis McDonough, Secretary of 

Veterans Affairs, approved this 

document on July 26, 2021, and 

authorized the undersigned to sign and 

submit the document to the Office of the 

Federal Register for publication 

electronically as an official document of 

the Department of Veterans Affairs. 

Luvenia Potts, 

Regulation Development Coordinator, Office 

of Regulation Policy & Management, Office 

of General Counsel, Department of Veterans 

Affairs. 

For the reasons set forth in the 

preamble, 38 CFR part 3 is amended as 

follows: 

PART 3—ADJUDICATION 

Subpart A—Pension, Compensation, 

and Dependency and Indemnity 

Compensation 

■ 1. The authority citation for subpart A 

continues to read as follows: 

Authority: 38 U.S.C. 501(a), unless 

otherwise noted. 

■ 2. In § 3.317, paragraph (a)(1)(i) is 

revised to read as follows: 

§ 3.317 Compensation for certain 

disabilities occurring in Persian Gulf 

veterans. 

(a) * * * 

(1) * * * 

(i) Became manifest either during 

active military, naval, or air service in 

the Southwest Asia theater of 

operations, or to a degree of 10 percent 

or more not later than December 31, 

2026; and 

* * * * * 

(Authority: 38 U.S.C. 1117, 1118). 

[FR Doc. 2021–19712 Filed 9–13–21; 8:45 am] 

BILLING CODE 8320–01–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 174 

[EPA–HQ–OPP–2021–0170; FRL–8908–01– 

OCSPP] 

Defensin Proteins Derived From 

Spinach in Citrus Plants; Temporary 

Exemption From the Requirement of a 

Tolerance 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Final rule. 

SUMMARY: This regulation establishes a 

temporary exemption from the 

requirement of a tolerance for residues 

of spinach defensin proteins SoD2, 

SoD2*, SoD7, and SoD8 in or on citrus 

when used as a plant-incorporated 

protectant in accordance with the terms 

of Experimental Use Permit (EUP) No. 

88232–EUP–1. Southern Gardens Citrus 

Nursery, LLC., submitted a petition to 

EPA under the Federal Food, Drug, and 

Cosmetic Act (FFDCA), requesting the 

temporary tolerance exemption. This 

regulation eliminates the need to 

establish a maximum permissible level 

for residues of spinach defensin 

proteins SoD2, SoD2*, SoD7, and SoD8. 

The temporary tolerance exemption 

expires on May 31, 2025. 

DATES: This regulation is effective 

September 14, 2021. Objections and 

requests for hearings must be received 

on or before November 15, 2021, and 

must be filed in accordance with the 

instructions provided in 40 CFR part 

178 (see also Unit I.C. of the 

SUPPLEMENTARY INFORMATION). 

ADDRESSES: The docket for this action, 

identified by docket identification (ID) 

number EPA–HQ–OPP–2021–0170, is 

available at http://www.regulations.gov 

or at the Office of Pesticide Programs 

Regulatory Public Docket (OPP Docket) 

in the Environmental Protection Agency 

Docket Center (EPA/DC), West William 

Jefferson Clinton Bldg., Rm. 3334, 1301 

Constitution Ave. NW, Washington, DC 

20460–0001. The Public Reading Room 

is open from 8:30 a.m. to 4:30 p.m., 

Monday through Friday, excluding legal 

holidays. The telephone number for the 

Public Reading Room is (202) 566–1744, 

and the telephone number for the OPP 

Docket is (703) 305–5805. 

Due to the public health concerns 

related to COVID–19, the EPA Docket 

Center (EPA/DC) and Reading Room is 

closed to visitors with limited 

exceptions. The staff continues to 

provide remote customer service via 

email, phone, and webform. For the 

latest status information on EPA/DC 

services and docket access, visit https:// 

www.epa.gov/dockets. 

FOR FURTHER INFORMATION CONTACT: 

Charles Smith, Biopesticides and 

Pollution Prevention Division (7511P), 

Office of Pesticide Programs, 

Environmental Protection Agency, 1200 

Pennsylvania Ave. NW, Washington, DC 

20460–0001; main telephone number: 

(703) 305–7090; email address: 

BPPDFRNotices@epa.gov. 

SUPPLEMENTARY INFORMATION: 


tkelley on DSK125TN23PROD with RULES1
51002 Federal Register / Vol. 86, No. 175 / Tuesday, September 14, 2021 / Rules and Regulations 

I. General Information 

A. Does this action apply to me? 

You may be potentially affected by 

this action if you are an agricultural 

producer, food manufacturer, or 

pesticide manufacturer. The following 

list of North American Industrial 

Classification System (NAICS) codes is 

not intended to be exhaustive, but rather 

provides a guide to help readers 

determine whether this document 

applies to them. Potentially affected 

entities may include: 

• Crop production (NAICS code 111). 

• Animal production (NAICS code 

112). 

• Food manufacturing (NAICS code 

311). 

• Pesticide manufacturing (NAICS 

code 32532). 

B. How can I get electronic access to 

other related information? 

You may access a frequently updated 

electronic version of 40 CFR part 174 

through the Government Publishing 

Office’s e-CFR site at http://

www.ecfr.gov/cgi-bin/textidx?&c=ecfr&tpl=/ecfrbrowse/Title40/ 

40tab_02.tpl. 

C. How can I file an objection or hearing 

request? 

Under FFDCA section 408(g), 21 

U.S.C. 346a(g), any person may file an 

objection to any aspect of this regulation 

and may also request a hearing on those 

objections. You must file your objection 

or request a hearing on this regulation 

in accordance with the instructions 

provided in 40 CFR part 178. To ensure 

proper receipt by EPA, you must 

identify docket ID number EPA–HQ– 

OPP–2021–0170 in the subject line on 

the first page of your submission. All 

objections and requests for a hearing 

must be in writing, and must be 

received by the Hearing Clerk on or 

before November 15, 2021. Addresses 

for mail and hand delivery of objections 

and hearing requests are provided in 40 

CFR 178.25(b). 

In addition to filing an objection or 

hearing request with the Hearing Clerk 

as described in 40 CFR part 178, please 

submit a copy of the filing (excluding 

any Confidential Business Information 

(CBI)) for inclusion in the public docket. 

Information not marked confidential 

pursuant to 40 CFR part 2 may be 

disclosed publicly by EPA without prior 

notice. Submit the non-CBI copy of your 

objection or hearing request, identified 

by docket ID number EPA–HQ–OPP– 

2021–0170, by one of the following 

methods: 

• Federal eRulemaking Portal: http:// 

www.regulations.gov. Follow the online 

instructions for submitting comments. 

Do not submit electronically any 

information you consider to be CBI or 

other information whose disclosure is 

restricted by statute. 

• Mail: OPP Docket, Environmental 

Protection Agency Docket Center (EPA/ 

DC), (28221T), 1200 Pennsylvania Ave. 

NW, Washington, DC 20460–0001. 

• Hand Delivery: To make special 

arrangements for hand delivery or 

delivery of boxed information, please 

follow the instructions at http://

www.epa.gov/dockets/contacts.html. 

Additional instructions on 

commenting or visiting the docket, 

along with more information about 

dockets generally, is available at http:// 

www.epa.gov/dockets. 

II. Background 

In the Federal Register of March 22, 

2021 (86 FR 15162) (FRL–10021–44), 

EPA issued a document pursuant to 

FFDCA section 408(d)(3), 21 U.S.C. 

346a(d)(3), announcing the filing of a 

pesticide tolerance petition (PP 1G8896) 

by Southern Gardens Citrus Nursery, 

LLC., 1820 Country Road 833, 

Clewiston, Florida 33440. The petition 

requested that the temporary tolerance 

exemption established in 40 CFR 

174.535 be amended and extended for 

residues of defensin proteins SoD2, 

SoD2*, SoD7, and SoD8 derived from 

spinach. Because the temporary 

tolerance exemption expired before we 

could complete this action, we are 

treating this as a petition to reestablish 

a temporary tolerance exemption. The 

notice of filing referenced a summary of 

the petition prepared by the petitioner 

Southern Gardens Citrus, LLC., which is 

available in the docket for this action at 

http://www.regulations.gov. There were 

no comments received in response to 

the notice of filing. 

III. Final Rule 

A. EPA’s Safety Determination 

Section 408(c)(2)(A)(i) of FFDCA 

allows EPA to establish an exemption 

from the requirement for a tolerance (the 

legal limit for a pesticide chemical 

residue in or on a food) only if EPA 

determines that the exemption is ‘‘safe.’’ 

Section 408(c)(2)(A)(ii) of FFDCA 

defines ‘‘safe’’ to mean that ‘‘there is a 

reasonable certainty that no harm will 

result from aggregate exposure to the 

pesticide chemical residue, including 

all anticipated dietary exposures and all 

other exposures for which there is 

reliable information.’’ This includes 

exposure through drinking water and in 

residential settings but does not include 

occupational exposure. Pursuant to 

FFDCA section 408(c)(2)(B), in 

establishing or maintaining in effect an 

exemption from the requirement of a 

tolerance, EPA must take into account 

the factors set forth in FFDCA section 

408(b)(2)(C), which require EPA to give 

special consideration to exposure of 

infants and children to the pesticide 

chemical residue in establishing a 

tolerance and to ‘‘ensure that there is a 

reasonable certainty that no harm will 

result to infants and children from 

aggregate exposure to the pesticide 

chemical residue . . . .’’ Additionally, 

FFDCA section 408(b)(2)(D) requires 

that the Agency consider ‘‘available 

information concerning the cumulative 

effects of a particular pesticide’s 

residues’’ and ‘‘other substances that 

have a common mechanism of toxicity.’’ 

EPA has reviewed the available 

toxicity and exposure data on spinach 

defensin proteins SoD2, SoD2*, SoD7, 

and SoD8 and considered its validity, 

completeness and reliability, and the 

relationship of this information to 

human risk. A full explanation of the 

data upon which EPA relied and its risk 

assessment based on those data can be 

found within the document entitled 

‘‘Review of the application for renewal 

and extension of experimental use 

permit 88232–EUP–1 and extension of 

the associated temporary tolerance 

exemption for the defensin proteins 

SoD2, SoD2*, SoD7, and SoD8 derived 

from spinach (Spinacia oleracea L.) 

used as a plant-incorporated protectant 

in citrus plants at 40 CFR part 174.535 

for additional 4 years, until May 31, 

2025’’ dated June 24, 2021 (Ref. 1). This 

document, as well as other relevant 

information, is available in docket for 

this action as described under 

ADDRESSES. 

Based upon available data, EPA 

concludes that spinach defensin 

proteins SoD2, SoD2*, SoD7, and SoD8, 

do not show evidence of toxicity (Ref. 

2). Moreover, there is no significant 

similarity between spinach defensin 

proteins SoD2, SoD2*, SoD7, and SoD8 

and known toxins and allergens. In 

addition, the spinach defensin proteins 

SoD2, SoD2*, SoD7, and SoD8 readily 

digest in simulated gastric fluids and 

therefore cumulative, chronic, and acute 

effects are unlikely. Furthermore, the 

source of the defensin proteins, spinach, 

has long been part of the human diet 

and there have been no findings that 

indicate toxicity or allergenicity of 

spinach proteins (Ref. 2). 

Given the lack of toxicity or 

allergenicity of the spinach defensin 

proteins SoD2, SoD2*, SoD7, and SoD8, 

the Agency has not identified any 

toxicological endpoints for assessing 

risk. Due to the lack of any threshold 

effects, EPA has determined that the 


tkelley on DSK125TN23PROD with RULES1
Federal Register / Vol. 86, No. 175 / Tuesday, September 14, 2021 / Rules and Regulations 51003 

provision under FFDCA section 

408(b)(2)(C) to retain a 10X safety factor 

for the protection of infants and 

children does not apply. Similarly, the 

lack of any toxic mode of action or toxic 

metabolites means that the provision 

requiring an assessment of cumulative 

effects does not apply. 

Oral exposure to spinach defensin 

proteins SoD2, SoD2*, SoD7, and SoD8 

may occur from ingestion of citrus 

products, such as fruit and juice. In 

addition, people have had a long history 

of consumption of spinach and will 

continue to be exposed to defensin 

proteins through consumption of 

spinach. Based on the lack of adverse 

effects and the rapid digestibility of the 

proteins, however, the Agency does not 

anticipate any risk from reasonably 

foreseeable levels of exposure. Since the 

plant-incorporated protectant is 

integrated into the plant’s genome, the 

Agency has concluded, based upon 

previous science reviews, that residues 

in drinking water will be extremely low 

or non-existent (Ref. 2). Nonoccupational exposure via the skin or 

inhalation is not likely since the plantincorporated protectant is contained 

within plant cells, which essentially 

eliminates these exposure routes or 

reduces these exposure routes to 

negligible. In any event, there are no 

non-dietary non-occupational uses of 

SoD2, SoD2*, SoD7, and SoD8 as they 

are only used in agricultural settings. 

B. Analytical Enforcement Methodology 

An analytical method is not required 

for enforcement purposes since the 

Agency is establishing an exemption 

from the requirement of a tolerance 

without any numerical limitation. 

C. Conclusion 

Based on its evaluation, EPA 

concludes that there is a reasonable 

certainty that no harm will result from 

aggregate exposure to the U.S. 

population, including infants and 

children, to the spinach defensin 

proteins SoD2, SoD2*, SoD7, and SoD8. 

This includes all anticipated dietary 

exposures and all other exposures for 

which there is reliable information. The 

Agency has arrived at this conclusion 

because, as previously discussed, there 

is no indication of toxicity or 

allergenicity potential for the plantincorporated protectant. Therefore, a 

temporary exemption from the 

requirement of a tolerance is established 

for residues of spinach defensin SoD2, 

SoD2*, SoD7, and SoD8 proteins in or 

on citrus when the proteins are used as 

a plant-incorporated protectant in citrus 

plants. This exemption is being 

established concurrently with an 

extension to the experimental use 

permit (EUP) No. 88232–EUP–1 and is 

therefore being established on a 

temporary basis. Both the EUP and 

temporary tolerance exemption will 

expire on May 31, 2025. 

D. References 

The following is a listing of 

documents that are specifically 

referenced in this document. These 

documents are available in the listed 

dockets at http://www.regulations.gov or 

at the Office of Pesticide Programs 

Regulatory Public Docket (OPP Docket) 

via the direct links below. 

1. U.S. EPA, ‘‘Review of the application for 

renewal and extension of experimental 

use permit 88232–EUP–1 and extension 

of the associated temporary tolerance 

exemption for the defensin proteins 

SoD2, SoD2*, SoD7, and SoD8 derived 

from spinach (Spinacia oleracea L.) used 

as a plant-incorporated protectant in 

citrus plants at 40 CFR part 174.535 for 

additional 4 years, until May 31, 2025.’’ 

June 24, 2021. https://

www.regulations.gov/document/EPAHQ-OPP-2021-0170. 

2. U.S. EPA, ‘‘Review of Product 

Characterization, Toxicity Waiver 

Requests, Allergenicity, and Human 

Health Data for Plant-Incorporated 

Protectants (PIPs): Defensin proteins 

derived from spinach (Spinach oleracea 

L.) Sod2, Sod2*, Sod7, Sod8.’’ April 24, 

2018. https://www.regulations.gov/ 

document/EPA-HQ-OPP-2018-0040- 

0007. 

IV. Statutory and Executive Order 

Reviews 

This action establishes a temporary 

exemption from the requirement of a 

tolerance under FFDCA section 408(d) 

in response to a petition submitted to 

the Agency. The Office of Management 

and Budget (OMB) has exempted these 

types of actions from review under 

Executive Order 12866, entitled 

‘‘Regulatory Planning and Review’’ (58 

FR 51735, October 4, 1993). Because 

this action has been exempted from 

review under Executive Order 12866, 

this action is not subject to Executive 

Order 13211, entitled ‘‘Actions 

Concerning Regulations That 

Significantly Affect Energy Supply, 

Distribution, or Use’’ (66 FR 28355, May 

22, 2001) or Executive Order 13045, 

entitled ‘‘Protection of Children from 

Environmental Health Risks and Safety 

Risks’’ (62 FR 19885, April 23, 1997). 

This action does not contain any 

information collections subject to OMB 

approval under the Paperwork 

Reduction Act (PRA) (44 U.S.C. 3501 et 

seq.), nor does it require any special 

considerations under Executive Order 

12898, entitled ‘‘Federal Actions to 

Address Environmental Justice in 

Minority Populations and Low-Income 

Populations’’ (59 FR 7629, February 16, 

1994). 

Since tolerances and exemptions that 

are established on the basis of a petition 

under FFDCA section 408(d), such as 

the temporary tolerance exemption in 

this final rule, do not require the 

issuance of a proposed rule, the 

requirements of the Regulatory 

Flexibility Act (RFA) (5 U.S.C. 601 et 

seq.), do not apply. 

This action directly regulates growers, 

food processors, food handlers, and food 

retailers, not States or Tribes, nor does 

this action alter the relationships or 

distribution of power and 

responsibilities established by Congress 

in the preemption provisions of FFDCA 

section 408(n)(4). As such, the Agency 

has determined that this action will not 

have a substantial direct effect on States 

or Tribal governments, on the 

relationship between the National 

Government and the States or tribal 

Governments, or on the distribution of 

power and responsibilities among the 

various levels of government or between 

the Federal Government and Indian 

Tribes. Thus, the Agency has 

determined that Executive Order 13132, 

entitled ‘‘Federalism’’ (64 FR 43255, 

August 10, 1999) and Executive Order 

13175, entitled ‘‘Consultation and 

Coordination with Indian Tribal 

Governments’’ (65 FR 67249, November 

9, 2000) do not apply to this action. In 

addition, this action does not impose 

any enforceable duty or contain any 

unfunded mandate as described under 

Title II of the Unfunded Mandates 

Reform Act (UMRA) (2 U.S.C. 1501 et 

seq.). 

This action does not involve any 

technical standards that would require 

Agency consideration of voluntary 

consensus standards pursuant to section 

12(d) of the National Technology 

Transfer and Advancement Act 

(NTTAA) (15 U.S.C. 272 note). 

V. Congressional Review Act 

Pursuant to the Congressional Review 

Act (5 U.S.C. 801 et seq.), EPA will 

submit a report containing this rule 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 of the rule in the Federal 

Register. This action is not a ‘‘major 

rule’’ as defined by 5 U.S.C. 804(2). 

List of Subjects in 40 CFR Part 174 

Environmental protection, 

Administrative practice and procedure, 

Agricultural commodities, Pesticides 

and pests, Reporting and recordkeeping 

requirements. 


tkelley on DSK125TN23PROD with RULES1
51004 Federal Register / Vol. 86, No. 175 / Tuesday, September 14, 2021 / Rules and Regulations 

Dated: August 25, 2021. 

Charles Smith, 

Acting Director, Biopesticides and Pollution 

Prevention Division, Office of Pesticide 

Programs. 

Therefore, for the reasons stated in the 

preamble, EPA is amending 40 CFR 

chapter I as follows: 

PART 174—PROCEDURES AND 

REQUIREMENTS FOR PLANTINCORPORATED PROTECTANTS 

■ 1. The authority citation for part 174 

continues to read as follows: 

Authority: 7 U.S.C. 136–136y; 21 U.S.C. 

321(q), 346a and 371. 

■ 2. Revise § 174.535 to read as follows: 

§ 174.535 Spinach Defensin proteins; 

temporary exemption from the requirement 

of a tolerance. 

Residues of the defensin proteins 

SoD2, SoD2*, SoD7, and SoD8 derived 

from spinach (Spinacia oleracea L.) in 

or on citrus food commodities are 

temporarily exempt from the 

requirement of a tolerance when used as 

a plant-incorporated protectant in citrus 

plants in accordance with the terms of 

Experimental Use Permit No. 88232– 

EUP–1. This temporary exemption from 

the requirement of a tolerance expires 

on May 31, 2025. 

[FR Doc. 2021–18786 Filed 9–13–21; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Parts 281 and 282 

[EPA–R04–UST–2020–0611; FRL–8784–01– 

R4] 

Alabama: Final Approval of State 

Underground Storage Tank Program 

Revisions, Codification, and 

Incorporation by Reference 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Direct final rule. 

SUMMARY: The State of Alabama 

(Alabama or State) has applied to the 

Environmental Protection Agency (EPA) 

for final approval of revisions to its 

Underground Storage Tank Program 

(UST Program) under subtitle I of the 

Resource Conservation and Recovery 

Act (RCRA). Pursuant to RCRA, the EPA 

is taking direct final action, subject to 

public comment, to approve revisions to 

the UST Program. The EPA has 

reviewed Alabama’s revisions and has 

determined that these revisions satisfy 

all requirements needed for approval. In 

addition, this action also codifies the 

EPA’s approval of Alabama’s revised 

UST Program and incorporates by 

reference those provisions of the State 

statutes and regulations that the EPA 

has determined meet the requirements 

for approval. 

DATES: This rule is effective November 

15, 2021, unless the EPA receives 

adverse comment by October 14, 2021. 

If the EPA receives adverse comment, it 

will publish a timely withdrawal in the 

Federal Register informing the public 

that the rule will not take effect. The 

incorporation by reference of certain 

publications listed in the regulations is 

approved by the Director of the Federal 

Register as of November 15, 2021. 

ADDRESSES: Submit your comments by 

one of the following methods: 

• Federal eRulemaking Portal: 

https://www.regulations.gov (our 

preferred method). Follow the online 

instructions for submitting comments. 

• Email: self.terry@epa.gov. Include 

the Docket ID No. EPA–R04–UST–2020– 

0611 in the subject line of the message. 

Instructions: Submit your comments, 

identified by Docket ID No. EPA–R04– 

UST–2020–0611, via the Federal 

eRulemaking Portal at https://

www.regulations.gov. Follow the online 

instructions for submitting comments. 

Once submitted, comments cannot be 

edited or removed from https://

www.regulations.gov. The EPA may 

publish any comment received to its 

public docket. Do not submit 

electronically any information you 

consider to be Confidential Business 

Information (CBI) or other information 

whose disclosure is restricted by statute. 

Multimedia submissions (audio, video, 

etc.) must be accompanied by a written 

comment. The written comment is 

considered the official comment and 

should include discussion of all points 

you wish to make. The EPA will 

generally not consider comments or 

comment contents located outside of the 

primary submission (i.e., on the web, 

cloud, or other file sharing system). For 

additional submission methods, the full 

EPA public comment policy, 

information about CBI or multimedia 

submissions, and general guidance on 

making effective comments, please visit: 

https://www.epa.gov/dockets/ 

commenting-epa-dockets. 

Out of an abundance of caution for 

members of the public and our staff, the 

public’s access to the EPA Region 4 

Offices is by appointment only to 

reduce the risk of transmitting COVID– 

19. We encourage the public to submit 

comments via https://

www.regulations.gov or via email. The 

EPA encourages electronic comment 

submittals, but if you are unable to 

submit electronically or need other 

assistance, please contact Terry Self, the 

contact listed in the FOR FURTHER

INFORMATION CONTACT provision below. 

The index to the docket for this action 

is available electronically at https://

www.regulations.gov. The documents 

that form the basis of this codification 

and associated publicly available docket 

materials are available for review on the 

https://www.regulations.gov website. 

The EPA encourages electronic 

reviewing of these documents, but if 

you are unable to review these 

documents electronically, please contact 

Terry Self to schedule an appointment 

to view the documents at the Region 4 

Offices. Interested persons wanting to 

examine these documents should make 

an appointment at least two weeks in 

advance. EPA Region 4 requires all 

visitors to adhere to the COVID–19 

protocol. Please contact Terry Self for 

the COVID–19 protocol requirements for 

your appointment. 

Please also contact Terry Self if you 

need assistance in a language other than 

English or if you are a person with 

disabilities who needs a reasonable 

accommodation at no cost to you. For 

further information on EPA Docket 

Center services and the current status, 

please visit us online at https://

www.epa.gov/dockets. 

The EPA continues to carefully and 

continuously monitor information from 

the Centers for Disease Control and 

Prevention (CDC), local area health 

departments, and our Federal partners 

so that we can respond rapidly as 

conditions change regarding COVID–19. 

FOR FURTHER INFORMATION CONTACT: 

Terry Self, RCRA Programs and Cleanup 

Branch, Land, Chemicals and 

Redevelopment Division, U.S. 

Environmental Protection Agency, 

Region 4, Atlanta Federal Center, 61 

Forsyth Street SW, Atlanta, Georgia 

30303–8960; Phone number: (404) 562– 

9396; email address: self.terry@epa.gov. 

Please contact Terry Self by phone or 

email for further information. 

SUPPLEMENTARY INFORMATION: 

I. Approval of Revisions to Alabama’s 

Underground Storage Tank (UST) 

Program 

A. Why are revisions to state UST 

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 a UST program that is no 

less stringent than the Federal program. 

When the EPA makes revisions to the 

regulations that govern the UST 

program, states must revise their 

programs to comply with the updated 


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