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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regulations and submit these revisions 

to the EPA for approval. Most 

commonly, states must change their 

programs because of changes to the 

EPA’s regulations in title 40 of the Code 

of Federal Regulations (CFR) part 280. 

States can also initiate changes on their 

own to their UST programs and these 

changes must then be approved by the 

EPA. 

B. What decision has the EPA made in 

this rule? 

On October 10, 2018, in accordance 

with 40 CFR 281.51(a), Alabama 

submitted a complete program revision 

application (State Application) seeking 

approval of changes to its UST Program. 

The program revisions requested in the 

State Application 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 from the Governor requesting 

approval; a description of the program 

and operating procedures; a 

demonstration of the State’s procedures 

to ensure adequate enforcement; a 

Memorandum of Agreement outlining 

the roles and responsibilities of the EPA 

and the implementing agency; an 

Attorney General’s Statement; and 

copies of all relevant State statutes and 

regulations. The EPA has reviewed the 

State Application and has determined 

that the revisions to Alabama’s UST 

Program are no less stringent than the 

corresponding Federal requirements in 

subpart C of 40 CFR part 281, and that 

the Alabama UST Program continues to 

provide adequate enforcement of 

compliance. Therefore, the EPA grants 

Alabama final approval to operate its 

UST Program with the revisions 

described in the State Application, and 

as outlined below. The Alabama 

Department of Environmental 

Management (ADEM) is the lead 

implementing agency for the UST 

program in Alabama, except in Indian 

country as noted below. 

C. What is the effect of this approval on 

the regulated community? 

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

6991c(b), as amended, allows the EPA to 

approve state UST programs to operate 

in lieu of the Federal program. With this 

approval, the changes described in the 

State Application will become part of 

the approved State UST Program, and 

therefore will be federally enforceable. 

Alabama will continue to have primary 

enforcement authority and 

responsibility for its State UST Program. 

This action does not impose additional 

requirements on the regulated 

community because the regulations 

being approved by this rule are already 

in effect in the State of Alabama, and are 

not changed by this action. This action 

merely approves the existing State 

regulations as meeting the 2015 Federal 

Revisions and rendering them federally 

enforceable. 

D. Why is the EPA using a direct final 

rule? 

The EPA is publishing this direct final 

rule without a prior proposed rule 

because we view this as a 

noncontroversial action and we 

anticipate no adverse comment. 

Alabama addressed all comments it 

received during its comment period 

when the rules and regulations being 

considered in this document were 

proposed at the State level. 

E. What happens if the EPA receives 

comments that oppose this action? 

Along with this direct final rule, the 

EPA is simultaneously publishing a 

separate document in the ‘‘Proposed 

Rules’’ section of this Federal Register 

that serves as the proposal to approve 

the State’s UST Program revisions, and 

provides an opportunity for public 

comment. If the EPA receives comments 

that oppose this approval, the EPA will 

withdraw this direct final rule by 

publishing a document in the Federal 

Register before it becomes effective. The 

EPA will make any further decision on 

approval of the State Application after 

considering all comments received 

during the comment period. The 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 Alabama previously 

been approved? 

Effective March 25, 1997, the EPA 

granted final approval for Alabama to 

administer the State UST Program in 

lieu of the Federal UST program, and 

incorporated by reference and codified 

the federally approved State UST 

Program (62 FR 3613, January 24, 1997). 

As a result of the EPA’s approval, these 

provisions became subject to the EPA’s 

corrective action, inspection, and 

enforcement authorities under RCRA 

sections 9003(h), 9005, and 9006, 42 

U.S.C. 6991b(h), 6991d, and 6991e, and 

other applicable statutory and 

regulatory provisions. 

G. What changes is the EPA approving 

with this action and what standards do 

we use for review? 

In order to be approved, each state 

program revision application must meet 

the general requirements in 40 CFR 

281.11 (General Requirements), and the 

specific requirements in 40 CFR part 

281, subpart B (Components of a 

Program Application), subpart C 

(Criteria for No Less Stringent), and 

subpart D (Adequate Enforcement of 

Compliance). 

As more fully described below, the 

State has made changes to its UST 

Program to reflect the 2015 Federal 

Revisions. These changes are included 

in the Alabama Administrative Code, 

Chapter 335–6–15 (Ala. Admin. Code 

chapter 335–6–15), as amended, 

effective December 8, 2017. The EPA is 

approving the State’s changes because 

they are no less stringent than the 

Federal UST program, and because the 

revised Alabama UST Program will 

continue to provide for adequate 

enforcement of compliance as required 

by 40 CFR 281.11(b) and part 281, 

subparts C and D, after this approval. 

ADEM continues to be the lead 

implementing agency for the UST 

Program in Alabama, except in Indian 

country. ADEM has broad statutory and 

regulatory authority to regulate the 

installation, operation, maintenance, 

and closure of USTs, as well as UST 

releases, under the Alabama 

Underground Storage Tank and 

Wellhead Protection Act of 1988, Code 

of Alabama, 1975, Title 22, Chapter 36 

(Ala. Code 22–36), and Ala. Admin. 

Code chapter 335–6–15 (2017). 

The following State authorities 

provide authority for compliance 

monitoring as required by 40 CFR 

281.40: Ala. Code sections 22–36–3, 22– 

36–4, and 22–36–6(b) and (c) and Ala. 

Admin. Code r. 335–6–15–.13, 335–6– 

15–.40, and 335–6–15–.41. 

The following State authorities 

provide authority for enforcement 

response as required by 40 CFR 281.41: 

Ala. Code sections 22–36–3, 22–36–9, 

and 22–22A–5(19), and Ala. Admin. 

Code r. 335–6–15–.45. 

The following State authorities 

provide authority for enabling public 

participation in the State enforcement 

process, including citizen intervention, 

as required by 40 CFR 281.42: Ala. Code 

sections 22–36–8 and 22–22A–5(19), 

Ala Admin. Code r. 335–6–15–.31, and 

Alabama Rules of Civil Procedure Rule 

24(a). Further, through a Memorandum 

of Agreement between ADEM and the 

EPA, effective October 12, 2018, the 

State maintains procedures for receiving 

and ensuring proper consideration of 


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information about violations submitted 

by the public, and ADEM will not 

oppose citizen intervention when 

permissive intervention is allowed by 

statute, rule or regulation. 

The following State authorities 

provide authority for the sharing of 

information as required pursuant to 40 

CFR 281.43: Ala. Code section 22–36–8 

and Ala. Admin. Code r. 335–6–15–.39. 

Further, through the October 12, 2018 

Memorandum of Agreement between 

ADEM and the EPA, ADEM agrees to 

furnish to the EPA, upon request, any 

information in State files obtained or 

used in the administration of the State 

UST Program. 

To qualify for final approval, 

revisions to a state’s UST program must 

be no less stringent than the 2015 

Federal Revisions. In the 2015 Federal 

Revisions, the EPA addressed UST 

systems deferred in the 1988 UST 

regulations, and added, among other 

things: New operation and maintenance 

requirements; secondary containment 

requirements for new and replaced 

tanks and piping; operator training 

requirements; and a requirement to 

ensure UST system compatibility before 

storing certain biofuel blends. In 

addition, the EPA removed past 

deferrals for emergency generator tanks, 

field constructed tanks, and airport 

hydrant systems. Alabama adopted all 

of the required 2015 Federal Revisions 

at Ala. Admin. Code chapter 335–6–15 

(2017). 

As part of the State Application, the 

Alabama Attorney General has certified 

that the State regulations provide for 

adequate enforcement of compliance 

and meet the no less stringent criteria in 

40 CFR part 281, subparts C and D. The 

EPA is relying on this certification, in 

addition to the analysis submitted by 

the State, in approving the State’s 

changes. 

H. Where are the revised State rules 

different from the Federal rules? 

States may enact laws that are more 

stringent than their Federal 

counterparts. See RCRA section 9008, 

42 U.S.C. 6991g. When an approved 

state program includes requirements 

that are considered more stringent than 

those required by Federal law, the more 

stringent requirements become part of 

the federally approved program in 

accordance with 40 CFR 281.12(a)(3)(i). 

The EPA has determined that some of 

Alabama’s regulations are considered 

more stringent than the Federal 

program, and upon approval, they will 

become part of the federally approved 

State UST Program and therefore 

federally enforceable. 

In addition, states may enact laws 

which are broader in scope than their 

Federal counterparts in accordance with 

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

requirements that go beyond the scope 

of the Federal program are not part of 

the federally approved program and the 

EPA cannot enforce them. Although 

these requirements are enforceable by 

the State in accordance with Alabama 

law, they are not Federal RCRA 

requirements. The EPA considers the 

following State requirements to be 

broader in scope than the Federal 

program and therefore not part of the 

federally approved State UST Program: 

Statutory Broader in Scope Provisions 

• Ala. Code section 22–36–5, insofar 

as it requires the collection of 

underground storage tank fees. 

• Ala. Code sections 22–35–1 to 22– 

35–13, insofar as it establishes 

procedures for administration of the 

Alabama Underground and 

Aboveground Storage Tank Trust Fund. 

Regulatory Broader in Scope Provisions 

• Ala. Admin. Code r. 335–6–15–.32, 

insofar as it specifies analytical methods 

for soil and groundwater sampling. 

• Ala. Admin. Code r. 335–6–15–.42, 

insofar as it requires owners of 

underground storage tanks to pay an 

annual fee. 

• Ala. Admin. Code r. 335–6–15–.47, 

insofar as it specifies certification 

requirements for individuals who 

supervise installation, closure, and 

repair of UST systems. 

• Ala. Admin. Code chapter 335–6– 

16, insofar as it establishes procedures 

for implementation of the Alabama 

Underground and Aboveground Storage 

Tank Trust Fund. 

I. How does this action affect Indian 

country (18 U.S.C. 1151) in Alabama? 

The EPA’s approval of Alabama’s UST 

Program does not extend to Indian 

country as defined in 18 U.S.C. 1151, 

which includes the Poarch Band of 

Creek Indians. The EPA will retain 

responsibilities under RCRA for 

underground storage tanks in Indian 

country. Therefore, this action has no 

effect in Indian country. See 40 CFR 

281.12(a)(2). 

II. Codification 

A. What is codification? 

Codification is the process of placing 

citations and references to a state’s 

statutes and regulations that comprise a 

state’s approved UST program into the 

Code of Federal Regulations (CFR). The 

EPA codifies its approval of state 

programs in 40 CFR part 282 and 

incorporates by reference state statutes 

and regulations that the EPA can 

enforce, after the approval is final, 

under sections 9005 and 9006 of RCRA, 

and any other applicable statutory 

provisions. The incorporation by 

reference of EPA-approved state 

programs in the CFR should 

substantially enhance the public’s 

ability to discern the status of the 

approved state UST programs and state 

requirements that can be federally 

enforced. This effort provides clear 

notice to the public of the scope of the 

approved program in each state. 

B. What is the history of codification of 

Alabama’s UST Program? 

In 1997, the EPA incorporated by 

reference and codified Alabama’s 

approved UST Program at 40 CFR 

282.50 (62 FR 3613, January 24, 1997). 

Through this action, the EPA is 

amending 40 CFR 282.50 to incorporate 

by reference and codify Alabama’s 

revised UST Program. 

C. What codification decisions is the 

EPA making in this rule? 

In this rule, the EPA is finalizing 

regulatory text that incorporates by 

reference the federally approved 

Alabama UST Program, including the 

revisions made to the UST Program 

based on the 2015 Federal Revisions. In 

accordance with the requirements of 1 

CFR 51.5, the EPA is incorporating by 

reference Alabama’s statutes and 

regulations as described in the 

amendments to 40 CFR part 282 set 

forth below. These documents are 

available through https://

www.regulations.gov. This codification 

reflects the State UST Program that will 

be in effect at the time the EPA’s 

approval of the revisions to the Alabama 

UST Program addressed in this direct 

final rule become final. If, however, the 

EPA receives substantive comment on 

the proposed rule, this codification will 

not take effect and the State rules that 

are approved after the EPA considers 

public comment will be codified 

instead. By codifying the approved 

Alabama UST Program and by 

amending the CFR, the public will more 

easily be able to discern the status of the 

federally-approved requirements of the 

Alabama UST Program. 

Specifically, in 40 CFR 282.50(d)(1)(i), 

the EPA is incorporating by reference 

the EPA-approved Alabama UST 

Program. Section 282.50(d)(1)(ii) 

identifies the State’s statutes and 

regulations that are part of the approved 

State UST Program, although not 

incorporated by reference for 

enforcement purposes, unless they 

impose obligations on the regulated 

entity. Section 282.50(d)(1)(iii) 


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identifies the State’s statutory and 

regulatory provisions that are broader in 

scope or external to the State’s approved 

UST Program and therefore not 

incorporated by reference. Section 

282.50(d)(2) through (d)(5) reference the 

Attorney General’s Statement, 

Demonstration of Adequate 

Enforcement Procedures, Program 

Description, and Memorandum of 

Agreement, which are part of the State 

Application and part of the UST 

Program under subtitle I of RCRA. 

D. What is the effect of the EPA’s 

codification of the federally approved 

Alabama UST Program on enforcement? 

The EPA retains the authority under 

sections 9003(h), 9005, and 9006 of 

subtitle I of RCRA, 42 U.S.C. 6991b(h), 

6991d, and 6991e, and other applicable 

statutory and regulatory provisions, to 

undertake corrective action, inspections, 

and enforcement actions, and to issue 

orders in approved states. If the EPA 

determines it will take such actions in 

Alabama, the EPA will rely on Federal 

sanctions, Federal inspection 

authorities, and other Federal 

procedures rather than the State 

analogs. Therefore, the EPA is not 

incorporating by reference Alabama’s 

procedural and enforcement authorities, 

although they are listed in 40 CFR 

282.50(d)(1)(ii). 

E. What State provisions are not part of 

the codification? 

As discussed in section I.H. above, 

some provisions of the State’s UST 

Program are not part of the federally 

approved State UST Program because 

they are broader in scope than the 

Federal UST program. 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. See 40 CFR 281.12(a)(3)(ii). As 

a result, State provisions which are 

broader in scope than the Federal 

program are not incorporated by 

reference for purposes of enforcement in 

part 282. In addition, provisions that are 

external to the state UST Program 

approval requirements, but included in 

the State Application, are also being 

excluded from incorporation by 

reference in part 282. For reference and 

clarity, 40 CFR 282.50(d)(1)(iii) lists the 

Alabama statutory and regulatory 

provisions which are broader in scope 

than the Federal program or external to 

state UST program approval 

requirements. These provisions are, 

therefore, not part of the approved UST 

Program that the EPA is codifying. 

Although these provisions cannot be 

enforced by the EPA, the State will 

continue to implement and enforce such 

provisions under State law. 

III. Statutory and Executive Order 

(E.O.) Reviews 

The EPA’s actions merely approve 

and codify Alabama’s revised UST 

Program requirements pursuant to 

RCRA section 9004, and do not impose 

additional requirements other than 

those imposed by State law. For that 

reason, these actions: 

• Are not significant regulatory 

actions subject to review by the Office 

of Management and Budget under 

Executive Orders 12866 (58 FR 51735, 

October 4, 1993) and 13563 (76 FR 3821, 

January 21, 2011); 

• Do not impose an information 

collection burden under the provisions 

of the Paperwork Reduction Act (44 

U.S.C. 3501 et seq.); 

• Are certified as not having a 

significant economic impact on a 

substantial number of small entities 

under the Regulatory Flexibility Act (5 

U.S.C. 601 et seq.); 

• Do not contain any unfunded 

mandate or significantly or uniquely 

affect small governments, as described 

in the Unfunded Mandates Reform Act 

of 1995 (Pub. L. 104–4); 

• Do not have federalism implications 

as specified in Executive Order 13132 

(64 FR 43255, August 10, 1999); 

• Are not economically significant 

regulatory actions based on health or 

safety risks subject to Executive Order 

13045 (62 FR 19885, April 23, 1997); 

• Are not significant regulatory 

actions subject to Executive Order 

13211 (66 FR 28355, May 22, 2001); 

• Are not subject to the requirements 

of section 12(d) of the National 

Technology Transfer and Advancement 

Act of 1995 (15 U.S.C. 272 note) because 

application of those requirements would 

be inconsistent with RCRA; 

• Do not provide the EPA with the 

discretionary authority to address, as 

appropriate, disproportionate human 

health or environmental effects, using 

practicable and legally permissible 

methods, under Executive Order 12898 

(59 FR 7629, February 16, 1994); and 

• Do not apply on any Indian 

reservation land or in any other area 

where the EPA or an Indian tribe has 

demonstrated that a tribe has 

jurisdiction. The rule does not have 

tribal implications as specified by 

Executive Order 13175 (65 FR 67249, 

November 9, 2000), nor will it impose 

substantial direct costs on tribal 

governments or preempt tribal law. 

As required by section 3 of Executive 

Order 12988 (61 FR 4729, February 7, 

1996), in issuing this rule, the EPA has 

taken the necessary steps to eliminate 

drafting errors and ambiguity, minimize 

potential litigation, and provide a clear 

legal standard for affected conduct. 

The Congressional Review Act, 5 

U.S.C. 801 et seq., as added by the Small 

Business Regulatory Enforcement 

Fairness Act of 1996, 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. The 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). This final action will 

be effective November 15, 2021. 

List of Subjects in 40 CFR Parts 281 and 

282 

Administrative practice and 

procedure, Environmental protection, 

Hazardous substances, Incorporation by 

reference, Indian country, Petroleum, 

Reporting and recordkeeping 

requirements, State program approval, 

and Underground storage tanks. 

Authority: This action is issued under the 

authority of sections 2002(a), 7004(b), 9004, 

9005 and 9006 of the Solid Waste Disposal 

Act, as amended, 42 U.S.C. 6912(a), 6974(b), 

6991c, 6991d, and 6991e. 

Dated: September 8, 2021. 

John Blevins, 

Acting Regional Administrator, Region 4. 

For the reasons set forth in the 

preamble, the 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 § 282.50 to read as follows: 

§ 282.50 Alabama State-Administered 

Program. 

(a) History of the approval of 

Alabama’s Program. The State of 

Alabama (Alabama or State) is approved 

to administer and enforce an 

underground storage tank (UST) 

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 


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seq. The State’s Underground Storage 

Tank Program (UST Program), as 

administered by the Alabama 

Department of Environmental 

Management (ADEM), was approved by 

EPA pursuant to 42 U.S.C. 6991c and 

part 281 of this chapter. The EPA 

approved the Alabama UST Program on 

January 24, 1997 and it was effective on 

March 25, 1997. A subsequent program 

revision was approved by EPA and 

became effective November 15, 2021. 

(b) Enforcement authority. Alabama 

has primary responsibility for 

administering and enforcing its 

federally approved UST Program. 

However, EPA retains the authority to 

exercise its corrective action, 

inspection, and enforcement authorities 

under sections 9003(h), 9005, and 9006 

of subtitle I of RCRA, 42 U.S.C. 

6991b(h), 6991d, and 6991e, as well as 

under any other applicable statutory 

and regulatory provisions. 

(c) Retention of program approval. To 

retain program approval, Alabama must 

revise its approved UST Program to 

adopt new changes to the Federal 

subtitle I program which make it more 

stringent, in accordance with section 

9004 of RCRA, 42 U.S.C. 6991c, and 40 

CFR part 281, subpart E. If Alabama 

obtains approval for 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 approval. Alabama has final 

approval for the following elements of 

its UST Program submitted to EPA and 

approved effective March 25, 1997, and 

the program revisions approved by EPA 

effective on November 15, 2021: 

(1) State statutes and regulations—(i) 

Incorporation by reference. The 

Alabama materials cited in this 

paragraph (d)(1)(i) and listed in 

appendix A to this part, are 

incorporated by reference as part of the 

UST 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 access copies of 

the Alabama statutes that are 

incorporated by reference in this 

paragraph (d)(1)(i) from the Alabama 

Legislative Services Agency, Alabama 

State House, Suite 613, 11 South Union 

Street, Montgomery, Alabama 36110– 

2400; Phone number: (334) 271–7700; 

website: http://lsa.state.al.us. You may 

access copies of the regulations that are 

incorporated by reference at the 

following website http://www.alabama

administrativecode.state.al.us. You may 

inspect all approved material at EPA 

Region 4, 61 Forsyth Street SW, Atlanta, 

Georgia 30303; Phone number: (404) 

562–9900; or the National Archives and 

Records Administration (NARA), email: 

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

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

ibr-locations.html. 

(A) ‘‘Alabama Statutory Requirements 

Applicable to the Underground Storage 

Tank Program,’’ dated March 21, 2021. 

(B) ‘‘Alabama Regulatory 

Requirements Applicable to the 

Underground Storage Tank Program,’’ 

dated March 21, 2021. 

(ii) Legal basis. EPA considered the 

following statutes and regulations 

which provide the legal basis for the 

State’s implementation of the UST 

Program, but they are not being 

incorporated by reference and do not 

replace Federal authorities, unless the 

provisions place requirements on 

regulated entities: 

(A) Alabama Underground Storage 

Tank and Wellhead Protection Act of 

1988, Ala. Code sections 22–36–1 to 22– 

36–10 (1988): 

(1) Section 22–36–3—Rules and 

regulations governing underground 

storage tanks. Insofar as it provides 

specific authorities enabling compliance 

monitoring and enforcement response. 

(2) Section 22–36–4—Information to 

be furnished by owner upon request of 

department; owner to permit access to 

records and entry and inspection of 

facilities. Insofar as it provides specific 

authorities enabling compliance 

monitoring. 

(3) Section 22–36–6(b) and (c)— 

Expenditure of funds from Leaking 

Underground Storage Tank Trust Fund; 

investigative and corrective powers in 

regard to administration of funds; 

liability of owner or operator for costs. 

Insofar as it provides specific authorities 

enabling compliance monitoring. 

(4) Section 22–36–8—Availability to 

public of records, reports, or 

information obtained under chapter. 

Insofar as it provides specific authorities 

enabling public participation and the 

sharing of information. 

(5) Section 22–36–9—Penalties. 

Insofar as it provides specific authorities 

enabling enforcement response. 

(B) Alabama Underground Storage 

Tank Control Regulations, Ala. Admin. 

Code r. 335–6–15–.01 to 335–6–15–.49 

(2017): 

(1) Rule 335–6–15–.13—Reporting 

and Recordkeeping. Insofar as it 

provides specific authorities enabling 

compliance monitoring. 

(2) Rule 335–6–15–.19—Release 

Reporting and Recordkeeping. Insofar as 

it provides specific authorities enabling 

compliance monitoring. 

(3) Rule 335–6–15–.31—Public 

Participation. Insofar as it identifies 

specific authorities enabling public 

participation. 

(4) Rule 335–6–15–.39—Availability 

To Public of Records, Reports or 

Information. Insofar as it provides 

specific authorities enabling the sharing 

of information. 

(5) Rule 335–6–15–.40—Access To 

Records. Insofar as it provides specific 

authorities enabling compliance 

monitoring. 

(6) Rule 335–6–15–.41—Entry and 

Inspection Of Facilities. Insofar as it 

provides specific authorities enabling 

compliance monitoring. 

(7) Rule 335–6–15–.45—Delivery 

Prohibition. Insofar as it identifies 

specific authorities enabling 

enforcement response. 

(C) Ala. Code section 22–22A–5(19)— 

Powers and functions of Department; 

representation of Department by 

Attorney General in legal actions. 

Insofar as it provides specific authorities 

enabling enforcement and public 

participation. 

(D) Alabama Rules of Civil Procedure, 

Rule 24(a)—Intervention. Insofar as it 

provides for public participation in the 

State enforcement process. 

(iii) Other provisions not incorporated 

by reference. The following statutory 

and regulatory provisions applicable to 

the Alabama UST Program are broader 

in scope than the Federal program or 

external to the state UST program 

approval requirements. Therefore, these 

provisions are not part of the approved 

UST Program and are not incorporated 

by reference herein: 

(A) Alabama Underground Storage 

Tank and Wellhead Protection Act of 

1988, Ala. Code sections 22–36–1 to 22– 

36–10 (1988): 

(1) Section 22–36–5, insofar as it 

requires the collection of an 

underground storage tank fee. 

(2) Section 22–36–6(a) is external 

insofar as it pertains to ADEM’s 

implementation of the Leaking 

Underground Storage Tank Trust Fund. 

(3) Section 22–36–7 is external insofar 

as it provides authority for the 

promulgation of regulations to establish 

and protect wellhead areas. 

(4) Section 22–36–10 is external 

insofar as it places requirements on the 

promulgation of rules and regulations to 

be adopted by ADEM. 

(B) Alabama Underground Storage 

Tank Control Regulations, Ala. Admin. 

Code r. 335–6–15–.01 to 335–6–15–.49 

(2017): 

(1) Rule 335–6–15–.01 is external 

insofar as it contains the State’s public 

policy for regulating underground 

storage tanks. 


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Federal Register / Vol. 86, No. 175 / Tuesday, September 14, 2021 / Rules and Regulations 51009 

(2) Rule 335–6–15–.32, insofar as it 

specifies analytical methods for soil and 

groundwater sampling. 

(3) Rule 335–6–15–.38 is external 

insofar as it provides specific authority 

for ADEM to require an owner or 

operator to provide an alternate or 

temporary drinking water source. 

(4) Rule 335–6–15–.42, insofar as it 

requires owners of underground storage 

tanks to pay an annual fee. 

(5) Rule 335–6–15–.44 is external 

insofar as it is a reserved provision. 

(6) Rule 335–6–15–.47, insofar as it 

imposes certification requirements on 

individuals who supervise installation, 

closure, and repair of underground 

storage tanks. 

(7) Rule 335–6–15–.49 is external 

insofar as it relates to the severability of 

the underground storage tank 

requirements. 

(C) Alabama Underground and 

Aboveground Storage Tank Trust Fund 

Act, Code of Alabama, Ala. Code 

sections 22–35–1 to 22–35–13 (1988). 

Insofar as it establishes procedures for 

administration of the Alabama 

Underground and Aboveground Storage 

Tank Trust Fund for purposes of paying 

response actions and third-party claims. 

(D) Alabama Underground and 

Aboveground Storage Tank Trust Fund 

Regulations, Ala. Admin. Code r. 335– 

6–16–.01 to 335–6–16–.20 (2015). 

Insofar it establishes procedures for 

determining eligibility for 

disbursements from the Alabama 

Underground and Aboveground Storage 

Tank Trust Fund for paying response 

actions and third-party claims. 

(2) Statement of legal authority. The 

Attorney General’s Statement, signed by 

the Alabama Attorney General on April 

16, 2018, 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) Demonstration of procedures for 

adequate enforcement. The 

‘‘Demonstration of Adequate 

Enforcement Procedures’’ submitted as 

part of the application on October 10, 

2018, 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 application on 

October 10, 2018, 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 4 and ADEM, signed by the 

EPA Regional Administrator on October 

12, 2018, 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. Amend Appendix A to part 282 by 

revising the entry for Alabama to read 

as follows: 

Appendix A to Part 282—State 

Requirements Incorporated by 

Reference in Part 282 of the Code of 

Federal Regulations 

* * * * * 

Alabama 

(a) The statutory provisions include: 

Alabama Underground Storage Tank and 

Wellhead Protection Act of 1988, Ala. Code 

sections 22–36–1 to 22–36–10 (1988): 

Section 22–36–1 Short title. 

Section 22–36–2 Definitions. 

Section 22–36–4 Information to be 

furnished by owner upon request of 

department; owner to permit access of 

records and entry and inspection of 

facilities, insofar as it imposes 

requirements on owners and operators of 

underground storage tank systems. 

(b) The regulatory provisions include: 

Alabama Underground Storage Tank 

Control Regulations, Ala. Admin. Code r. 

335–6–15–.01 to 335–6–15–.49 (2017): 

Rule 335–6–15–.02 Definitions. 

Rule 335–6–15–.03 Applicability. 

Rule 335–6–15–.04 Installation 

Requirements For Partially Excluded UST 

Systems. 

Rule 335–6–15–.05 Notification 

Requirements. 

Rule 335–6–15–.06 Performance 

Standards For New UST Systems, And 

Dispensers. 

Rule 335–6–15–.07 Upgrading Of Existing 

UST Systems. 

Rule 335–6–15–.08 Plans and 

Specifications. 

Rule 335–6–15–.09 Operation, 

Maintenance, and Testing or Inspection of 

Spill and Overfill Prevention Equipment And 

Containment Systems; And Walkthrough 

Inspections. 

Rule 335–6–15–.10 Operation and 

Maintenance of Corrosion Protection. 

Rule 335–6–15–.11 Compatibility. 

Rule 335–6–15–.12 Repairs Allowed. 

Rule 335–6–15–.13 Reporting And 

Recordkeeping, insofar as it imposes 

requirements on owners and operators. 

Rule 335–6–15–.14 General Release 

Detection Requirements For All UST 

Systems. 

Rule 335–6–15–.15 Release Detection 

Requirements For Petroleum UST Systems. 

Rule 335–6–15–.16 Release Detection 

Requirements For Hazardous Substance UST 

Systems. 

Rule 335–6–15–.17 Methods Of Release 

Detection For Underground Storage Tanks. 

Rule 335–6–15–.18 Methods Of Release 

Detection For Underground Piping. 

Rule 335–6–15–.19 Release Detection 

Recordkeeping, insofar as it imposes 

requirements on owners and operators. 

Rule 335–6–15–.20 Reporting Of 

Suspected Releases. 

Rule 335–6–15–.21 Investigation Due To 

Environmental Impacts. 

Rule 335–6–15–.22 Release Investigation 

And Confirmation Steps. 

Rule 335–6–15–.23 Reporting And 

Cleanup Of Spills And Overfills. 

Rule 335–6–15–.24 Initial Release 

Response. 

Rule 335–6–15–.25 Initial Abatement 

Measures And Preliminary Investigation. 

Rule 335–6–15–.26 Preliminary 

Investigation Requirements. 

Rule 335–6–15–.27 Free Product 

Removal. 

Rule 335–6–15–.28 Secondary 

Investigation Requirements. 

Rule 335–6–15–.29 Corrective Action 

Plan. 

Rule 335–6–15–.30 Corrective Action 

Requirements. 

Rule 335–6–15–.33 Temporary Closure. 

Rule 335–6–15–.34 Permanent Closure 

And Changes-In-Service. 

Rule 335–6–15–.35 Site Closure Or 

Change-In-Service Assessment. 

Rule 335–6–15–.36 Applicability to 

Previously Closed UST Systems. 

Rule 335–6–15–.37 Closure Records. 

Rule 335–6–15–.43 Financial 

Responsibility for Petroleum UST Owners 

And Operators. 

Rule 335–6–15–.46 Operator Training. 

Rule 335–6–15–.48 UST Systems With 

Field-Constructed Tanks And UST Systems 

With Airport Hydrant Fuel Distribution 

Systems. 

(c) Copies of Alabama statutes that are 

incorporated by reference are available from 

the Legislative Services Agency, Alabama 

State House, Suite 613, 11 South Union 

Street, Montgomery, Alabama 36110–2400; 

Phone number: (334) 271–7700; website: 

http://lsa.state.al.us. Copies of Alabama 

regulations that are incorporated by reference 

are available at the following website: http:// 

www.alabamaadministrativecode.state.al.us. 

* * * * * 

[FR Doc. 2021–19724 Filed 9–13–21; 8:45 am] 

BILLING CODE 6560–50–P 


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