50470 Federal Register / Vol. 86, No. 172 / Thursday, September 9, 2021 / Rules and Regulations 

EPA-APPROVED ILLINOIS REGULATIONS AND STATUTES—Continued 

Illinois citation Title/subject State effective 

date EPA approval date Comments 

*******

Part 252: Public Participation in the Air Pollution Control Permit Program 

Subpart A: Introduction 

252.101 ............................. Purpose ........................... 6/10/2020 September 9, 2021, [Insert Federal 

Register citation].

252.102 ............................. Abbreviations and Acronyms.6/10/2020 September 9, 2021, [Insert Federal 

Register citation].

252.103 ............................. Definitions ........................ 6/10/2020 September 9, 2021, [Insert Federal 

Register citation].

252.104 ............................. Applicability ...................... 6/10/2020 September 9, 2021, [Insert Federal 

Register citation].

252.105 ............................. Application for a PSD 

Permit.

6/10/2020 September 9, 2021, [Insert Federal 

Register citation].

252.106 ............................. Consolidation ................... 6/10/2020 September 9, 2021, [Insert Federal 

Register citation].

Subpart B: Procedures for Public Review 

252.201 ............................. Notice and Opportunity to 

Comment.

6/10/2020 September 9, 2021, [Insert Federal 

Register citation].

252.202 ............................. Draft Permit ..................... 6/10/2020 September 9, 2021, [Insert Federal 

Register citation].

252.203 ............................. Project Summary, Statement of Basis, or Fact 

Sheet.

6/10/2020 September 9, 2021, [Insert Federal 

Register citation].

252.204 ............................. Availability of Documents 6/10/2020 September 9, 2021, [Insert Federal 

Register citation].

252.205 ............................. Opportunity for Public 

Hearing.

6/10/2020 September 9, 2021, [Insert Federal 

Register citation].

252.206 ............................. Procedures for Public 

Hearings.

6/10/2020 September 9, 2021, [Insert Federal 

Register citation].

252.207 ............................. Obligation to Raise Issues 

and Provide Information 

During the Public Comment Period for PSD 

Permits.

6/10/2020 September 9, 2021, [Insert Federal 

Register citation].

252.208 ............................. Reopening of the Public 

Comment Period for 

PSD Permits.

6/10/2020 September 9, 2021, [Insert Federal 

Register citation].

252.209 ............................. Issuance of a Final PSD 

Permit Decision.

6/10/2020 September 9, 2021, [Insert Federal 

Register citation].

252.210 ............................. Response to Comments 

for a Final PSD Permit 

Decision.

6/10/2020 September 9, 2021, [Insert Federal 

Register citation].

252.211 ............................. Administrative Record for 

a Final PSD Permit Decision.

6/10/2020 September 9, 2021, [Insert Federal 

Register citation].

* * * * * * * 

* * * * * 

■ 3. In § 52.738, revise paragraphs (a) 

and (b) to read as follows: 

§ 52.738 Significant deterioration of air 

quality. 

(a) The requirements of sections 160 

through 165 of the Clean Air Act are 

met, except for sources seeking permits 

to locate in Indian reservations within 

the State of Illinois, and any other area 

where the EPA or an Indian tribe has 

demonstrated that a tribe has 

jurisdiction. 

(b) The provisions of § 52.21 except 

paragraph (a)(1) are hereby incorporated 

and made a part of the applicable State 

plan for the State of Illinois for sources 

seeking permits to locate in Indian 

reservations or in any other area where 

the EPA or an Indian tribe has 

demonstrated that a tribe has 

jurisdiction. 

* * * * * 

[FR Doc. 2021–19234 Filed 9–8–21; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Parts 281 and 282 

[EPA–R04–UST–2020–0614; FRL–8817–01– 

R4] 

Tennessee: Final Approval of State 

Petroleum Underground Storage Tank 

Program Revisions, Codification, and 

Incorporation by Reference 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Direct final rule. 


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SUMMARY: The State of Tennessee 

(Tennessee or State) has applied to the 

Environmental Protection Agency (EPA) 

for final approval of revisions to its 

Petroleum Underground Storage Tank 

Program (Petroleum 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 

Petroleum UST Program. The EPA has 

reviewed Tennessee’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 Tennessee’s revised 

Petroleum 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 

8, 2021, unless the EPA receives adverse 

comment by October 12, 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 8, 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: smith.wg@epa.gov. Include 

the Docket ID No. EPA–R04–UST–2020– 

0614 in the subject line of the message. 

Instructions: Submit your comments, 

identified by Docket ID No. EPA–R04– 

UST–2020–0614, 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 Winston 

Smith, the contact listed in the FOR

FURTHER INFORMATION CONTACT provision 

below. The index to the docket for this 

action and all 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 Winston Smith 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 Winston Smith 

for the COVID–19 protocol requirements 

for your appointment. 

Please also contact Winston Smith 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: 

Winston Smith, 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– 

9467; email address: smith.wg@epa.gov. 

Please contact Winston Smith by phone 

or email for further information. 

SUPPLEMENTARY INFORMATION: 

I. Approval of Revisions to Tennessee’s 

Petroleum Underground Storage Tank 

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 revises 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. 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 15, 2018, in accordance 

with 40 CFR 281.51(a), Tennessee 

submitted a complete program revision 

application (State Application) seeking 

approval of changes to its Petroleum 

UST Program. The program revisions 

addressed 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 Tennessee’s 

Petroleum UST Program are no less 

stringent than the corresponding 

Federal requirements in subpart C of 40 

CFR part 281, and that the Tennessee 

Petroleum UST Program continues to 

provide adequate enforcement of 

compliance. Therefore, the EPA grants 

Tennessee final approval to operate its 

Petroleum UST Program with the 

revisions described in the State 

Application, and as outlined below. As 

the Tennessee UST program is a 

partially approved program, this 

approval covers petroleum underground 


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storage tanks only and does not include 

hazardous substance underground 

storage tanks under subtitle I of RCRA. 

The Tennessee Department of 

Environment and Conservation (TDEC) 

is the lead implementing agency for the 

Petroleum UST Program in Tennessee. 

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 Petroleum UST 

Program, and therefore will be federally 

enforceable. Tennessee will continue to 

have primary enforcement authority and 

responsibility for its Petroleum 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 

Tennessee 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. 

Tennessee 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 Petroleum 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 Tennessee previously 

been approved? 

On September 1, 1996, Tennessee 

submitted a complete State program 

approval application seeking approval 

of its Petroleum UST Program under 

subtitle I of RCRA. Tennessee did not 

request approval of the underground 

storage tank program for hazardous 

substances. Effective January 19, 1999, 

the EPA granted final approval for 

Tennessee to administer its Petroleum 

UST Program in lieu of the Federal UST 

program (63 FR 63793, Nov. 17, 1998). 

Effective July 27, 1999, the EPA 

incorporated by reference and codified 

the federally approved Tennessee 

Petroleum UST Program (64 FR 28927, 

May 28, 1999). 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 Petroleum 

UST Program to reflect the 2015 Federal 

Revisions. These changes are included 

in Tennessee’s UST Rules at Tenn. 

Comp. R. & Regs. 0400–18–01–.01 to 

.17, effective October 13, 2018. The EPA 

is approving the State’s changes because 

they are no less stringent than the 

Federal UST program, and because the 

revised Tennessee Petroleum 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. 

TDEC continues to be the lead 

implementing agency for the Petroleum 

UST Program in Tennessee. TDEC has 

broad statutory and regulatory authority 

to regulate the installation, operation, 

maintenance, and closure of USTs, as 

well as UST releases, under the 

Tennessee Petroleum Underground 

Storage Tank Act (the UST Act) of 1988, 

Tenn. Code Ann. sections 68–215–101 

to 68–215–204 (2018), and the 

Tennessee UST Rules at Tenn. Comp. R. 

& Regs. 0400–18–01–.01 to .17 (2018). 

The following State authorities 

provide authority for compliance 

monitoring as required by 40 CFR 

281.40: Tenn. Code Ann. sections 68– 

215–107(e)(1) through (4) and 68–215– 

123; and Tenn. Comp. R. & Regs. 0400– 

18–01–.03(2). 

The following State authorities 

provide authority for enforcement 

response as required by 40 CFR 281.41: 

Tenn. Code Ann. sections 68–215– 

106(c), (e), and (f), 68–215–107(b), (c), 

(d), (e)(5), and (e)(6), 68–215–114, 68– 

215–116, 68–215–118, 68–215–119, 68– 

215–121, 68–215–122, and 4–5–313; 

and Tenn. Comp. R. & Regs. 0400–18– 

01–.09(17) and 0400–18–01–.15. 

The following State authorities 

provide authority for enabling public 

participation in the State enforcement 

process, including citizen intervention 

and the submission of complaints, as 

required by 40 CFR 281.42: Tenn. Code 

Ann. sections 68–215–121(e), 68–215– 

123, 4–5–308(a) through (c), and 4–5– 

310; and Tenn. Comp. R. & Regs. 0400– 

18–01–.06(11). Further, through a 

Memorandum of Agreement between 

TDEC and the EPA, effective October 12, 

2018, the State maintains procedures for 

receiving and ensuring proper 

consideration of information about 

violations submitted by the public, and 

TDEC will not oppose citizen 

intervention when permissive 

intervention is allowed by statute, rule, 

or regulation. 

Pursuant to 40 CFR 281.43, the State 

is required to provide authority for 

enabling the sharing of information in 

the State files obtained or used in the 

administration of the State Petroleum 

UST Program with the EPA. Through a 

Memorandum of Agreement between 

TDEC and the EPA, effective October 12, 

2018, the State agrees to furnish the 

EPA, upon request, any information in 

State files obtained or used in the 

administration of the State Petroleum 

UST Program. Further, the following 

State authorities provide authority for 

enabling the sharing of information in 

the State files obtained or used in the 

administration of the State Petroleum 

UST Program with the EPA as required 

by 40 CFR 281.43: Tenn. Code Ann. 

section 68–215–108 and Tenn. Comp. R. 

& Regs. 0400–18–01–.01(5)(e). 

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 


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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. Tennessee adopted all 

of the required 2015 Federal Revisions 

at Tenn. Comp. R. & Regs. 0400–18–01– 

.01 to .17 (2018). 

As part of the State Application, the 

Tennessee 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 

Tennessee’s regulations are considered 

more stringent than the Federal 

program, and upon approval, they will 

become part of the federally approved 

State Petroleum 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 Tennessee 

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 Petroleum UST 

Program: 

Statutory Broader in Scope Provisions 

i. Tenn. Code Ann. section 68–215– 

103(17)(A)(iii) and (iv), as to the 

definition of ‘‘Responsible party,’’ 

insofar as these provisions include 

entities other than owners and 

operators, as these terms are defined in 

40 CFR 280.12. 

ii. Tenn. Code Ann. section 68–215– 

104(3), insofar as it refers to the 

payment of fees associated with the 

Petroleum UST Program. 

iii. Tenn. Code Ann. section 68–215– 

104(4), insofar as it refers to 

reimbursement from Tennessee’s 

Petroleum Underground Storage Tank 

Fund (State Fund). 

iv. Tenn. Code Ann. section 68–215– 

106(a)(6), insofar as it places 

notification requirements on persons 

other than owners and operators, as 

these terms are defined in 40 CFR 

280.12. 

v. Tenn. Code Ann. section 68–215– 

109, insofar as it establishes annual tank 

fees and provides for promulgation of 

regulations regarding these fees. 

vi. Tenn. Code Ann. section 68–215– 

110(b) through (h), insofar as these 

provisions provide for the creation of 

the State Fund and environmental 

assurance fee. 

vii. Tenn. Code Ann. section 68–215– 

111, insofar as it provides criteria for the 

qualified expenditure of funds, 

requirements for fund eligibility, and 

promulgation of regulations regarding 

the State Fund. 

viii. Tenn. Code Ann. section 68–215– 

115, insofar as it provides the 

procedures for the State to recover its 

costs for investigation, identification, 

containment, or clean up of a particular 

site. 

ix. Tenn. Code Ann. section 68–215– 

125, insofar as it prohibits the State 

Fund from being considered an 

insurance company or a member of the 

Tennessee Insurance Guaranty 

Association. 

x. Tenn. Code Ann. section 68–215– 

129, insofar as it provides criteria for 

cleanup contracts and reimbursement 

from the State Fund. 

Regulatory Broader in Scope Provisions 

i. Tenn. Comp. R. & Regs. 0400–18– 

01–.01(4)1.(iii) and (iv), as to the 

definition for ‘‘Responsible party,’’ 

insofar as these provisions include 

entities other than owners and 

operators, as these terms are defined in 

40 CFR 280.12. 

ii. Tenn. Comp. R. & Regs. 0400–18– 

01–.02(1)(a)2., insofar as it requires 

owners to submit annual tank fees as 

part of the notification requirement. 

iii. Tenn. Comp. R. & Regs. 0400–18– 

01–.02(4)(c)6.(ii)(II)IV., insofar as it 

refers to tank fees and late penalties. 

iv. Tenn. Comp. R. & Regs. 0400–18– 

01–.04(1)(e), insofar as it requires 

inspection of dispensers. 

v. Tenn. Comp. R. & Regs. 0400–18– 

01–.05(1)(b) and (c), insofar as these 

provisions contain requirements for 

coverage and reimbursement from the 

State Fund. 

vi. Tenn. Comp. R. & Regs. 0400–18– 

01–.06(2)(b)1., as to the text ‘‘The fund 

shall not reimburse the owner, operator, 

and/or other responsible party of [the] 

petroleum UST system for the cost of 

generating duplicate data,’’ insofar as 

this text pertains to the State Fund. 

vii. Tenn. Comp. R. & Regs. 0400–18– 

01–.06(3)(f), insofar as it provides 

eligibility requirements for the State 

Fund. 

viii. Tenn. Comp. R. & Regs. 0400–18– 

01–.06(7)(c), insofar as it provides for 

reimbursement from the State Fund. 

ix. Tenn. Comp. R. & Regs. Appendix 

0400–18–01–.07–A, as to the text 

‘‘transport and’’ in (4)(a) and (4)(e), 

insofar as these provisions pertain to the 

transportation of a tank. 

x. Tenn. Comp. R. & Regs. 0400–18– 

01–.08(5)(a) and (b), insofar as these 

provisions establish eligibility 

requirements for the State Fund. 

xi. Tenn. Comp. R. & Regs. 0400–18– 

01–.09(1) through (16), insofar as these 

provisions regulate disbursements, 

coverage, and fund eligibility regarding 

the State Fund and provide for approval 

of corrective action contractors and 

recovery of State costs. 

xii. Tenn. Comp. R. & Regs. 0400–18– 

01–.10, insofar as it establishes a system 

and schedule for the collection of fees 

under the UST Act. 

xiii. Tenn. Comp. R. & Regs. 0400–18– 

01–.12(3), insofar as it establishes 

eligibility requirements for the State 

Fund. 

xiv. Tenn. Comp. R. & Regs. 0400–18– 

01–.12(4), insofar as it pertains to the 

payment of annual tank fees. 

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 

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 the 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. 


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B. What is the history of codification of 

Tennessee’s Petroleum UST Program? 

In 1999, the EPA incorporated by 

reference and codified Tennessee’s 

approved Petroleum UST Program at 40 

CFR 282.92 (64 FR 28927, May 28, 

1999). Through this action, the EPA is 

amending 40 CFR 282.92 to incorporate 

by reference and codify Tennessee’s 

revised Petroleum 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 

Tennessee Petroleum UST Program, 

including the revisions made to the 

Petroleum UST Program based on the 

2015 Federal Revisions. In accordance 

with the requirements of 1 CFR 51.5, the 

EPA is incorporating by reference 

Tennessee’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 Petroleum UST 

Program that will be in effect at the time 

the EPA’s approval of the revisions to 

the Tennessee Petroleum UST Program 

addressed in this direct final rule 

becomes final. If, however, the EPA 

receives substantive comment on the 

proposed rule, the EPA will withdraw 

this direct final rule and this 

codification will not take effect. The 

EPA will consider all comments and 

will make a decision on program 

approval and codification in a future 

final rule. By codifying the approved 

Tennessee Petroleum 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 Tennessee Petroleum UST 

Program. 

Specifically, in 40 CFR 282.92(d)(1)(i), 

the EPA is incorporating by reference 

the EPA-approved Tennessee Petroleum 

UST Program. Section 282.92(d)(1)(ii) 

identifies the State’s statutes and 

regulations that are part of the approved 

State Petroleum UST Program, although 

not incorporated by reference for 

enforcement purposes, unless they 

impose obligations on the regulated 

entity. Section 282.92(d)(1)(iii) 

identifies the State’s statutory and 

regulatory provisions that are broader in 

scope or external to the State’s approved 

Petroleum UST Program and therefore 

not incorporated by reference. Section 

282.92(d)(2) through (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 Petroleum 

UST Program under subtitle I of RCRA. 

D. What is the effect of the EPA’s 

codification of the federally approved 

Tennessee Petroleum 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 

Tennessee, 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 Tennessee’s 

procedural and enforcement authorities, 

although they are listed in 40 CFR 

282.92(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 Petroleum 

UST Program are not part of the 

federally approved State Petroleum 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. 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. See 40 CFR 

281.12(a)(3)(ii). 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 282.92(d)(1)(iii) lists 

the Tennessee 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 Tennessee’s revised 

Petroleum 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 and have been exempted from 

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 subject to Executive Order 

13211 (66 FR 28355, May 22, 2001) 

because they are not ‘‘significant 

regulatory actions’’ under Executive 

Order 12866 (58 FR 51735, October 4, 

1993); 

• 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 


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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 8, 2021. 

List of Subjects in 40 CFR Parts 281 and 

282 

Environmental protection, 

Administrative practice and procedure, 

Hazardous substances, Incorporation by 

reference, Indian country, Petroleum, 

Reporting and recordkeeping 

requirements, State program approval, 

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: August 30, 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 § 282.92 to read as follows: 

§ 282.92 Tennessee State-Administered 

Program. 

(a) History of the approval of 

Tennessee’s program. The State of 

Tennessee (Tennessee or State) is 

approved to administer and enforce a 

petroleum 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 

seq. The State’s Petroleum Underground 

Storage Tank Program (Petroleum UST 

Program), as administered by the 

Tennessee Department of Environment 

and Conservation (TDEC), was approved 

by the EPA pursuant to 42 U.S.C. 6991c 

and part 281 of this chapter. The EPA 

approved the Tennessee Petroleum UST 

Program on November 17, 1998, and it 

was effective on January 15, 1999. A 

subsequent program revision was 

approved by the EPA and became 

effective November 8, 2021. 

(b) Enforcement authority. Tennessee 

has primary responsibility for 

administering and enforcing its 

federally approved Petroleum UST 

Program. However, the 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. The 

EPA also retains all authority to operate 

the hazardous substance underground 

storage tank program. 

(c) Retention of program approval. To 

retain program approval, Tennessee 

must revise its approved Petroleum 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 

Tennessee 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. Tennessee has 

final approval for the following 

elements of its Petroleum UST Program 

submitted to the EPA and approved 

effective January 15, 1999, and the 

program revisions approved by the EPA 

effective on November 8, 2021. 

(1) State statutes and regulations—(i) 

Incorporation by reference. The 

Tennessee materials cited in this 

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

appendix A to this part, are 

incorporated by reference as part of the 

Petroleum 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 Tennessee statutes and 

regulations that are incorporated by 

reference in this paragraph (d)(1)(i) from 

the Tennessee Department of 

Environment and Conservation, 

Division of Underground Storage Tanks, 

William R. Snodgrass Tennessee Tower, 

12th Floor, 312 Rosa L. Parks Ave., 

Nashville, TN 37243; Phone number: 

(615) 532–0730; website: https://

www.tn.gov/environment/programareas/ust-underground-storage-tanks/ 

ust/act-rules-and-policies.html. You 

may inspect all approved material at the 

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) ‘‘Tennessee Statutory 

Requirements Applicable to the 

Petroleum Underground Storage Tank 

Program,’’ dated May 11, 2021. 

(B) ‘‘Tennessee Regulatory 

Requirements Applicable to the 

Petroleum Underground Storage Tank 

Program,’’ dated May 11, 2021. 

(ii) Legal basis. The EPA considered 

the following statutes and regulations 

which provide the legal basis for the 

State’s implementation of the Petroleum 

UST Program, but these provisions do 

not replace Federal authorities. Further, 

these provisions are not being 

incorporated by reference, unless the 

provisions place requirements on 

regulated entities. 

(A) Tennessee Petroleum 

Underground Storage Tank Act (the 

UST Act) of 1988, Tenn. Code Ann. 

sections 68–215–101 to 68–215–204 

(2018). (1) Section 68–215–106(c), (e), 

and (f), insofar as these provisions 

provide for delivery prohibition and 

enforcement of the Petroleum UST 

Program. 

(2) Section 68–215–106(d), insofar as 

it provides for criminal prosecution 

under the UST Act. 

(3) Section 68–215–107(a), insofar as 

it establishes authority over the 

placement and storage of petroleum 

substances in underground storage 

tanks, release prevention, release 

detection, release correction, closure, 

and post-closure care of petroleum 

underground storage tanks in 

Tennessee. 

(4) Section 68–215–107(b), insofar as 

it provides for the issuance of orders to 

enforce the Petroleum UST Program. 

(5) Section 68–215–107(c) and (d), 

insofar as these provisions identify 

specific authorities for release response 

and corrective actions, including in 

response to an imminent and substantial 

danger. 

(6) Section 68–215–107(e), insofar as 

it identifies specific authorities for 

compliance monitoring and 

enforcement. 

(7) Section 68–215–107(f), insofar as it 

provides for the promulgation of 

regulations for the implementation of 

the Petroleum UST Program. 

(8) Section 68–215–107(g)(1), insofar 

as it provides evaluation considerations 

for the State’s approval of a cleanup 

plan. 


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(9) Section 68–215–108, insofar as it 

provides for the protection of 

‘‘proprietary’’ information and sharing 

of information in the files obtained or 

used in the administration of the 

Petroleum UST Program with the EPA. 

(10) Section 68–215–114, insofar as it 

provides for the issuance and 

enforcement of correction orders; and 

establishes liability costs for responsible 

parties. 

(11) Section 68–215–116, insofar as it 

provides for an assessment of penalties 

under the UST Act. 

(12) Section 68–215–117, insofar as it 

provides for immunity from liability 

under the UST Act in certain 

circumstances. 

(13) Section 68–215–118, insofar as it 

identifies authorities for enforcement 

response, specifically authority over 

governmental entities, under the UST 

Act. 

(14) Section 68–215–119, insofar as it 

identifies authorities for enforcement 

response and provides for review of 

orders and appeal of any determination 

by the Tennessee Department of 

Environment and Conservation (TDEC) 

under the UST Act. 

(15) Section 68–215–120, insofar as it 

provides for criminal prosecution under 

the UST Act. 

(16) Section 68–215–121, insofar as it 

identifies authorities for enforcement 

response and public participation, 

provides for assessment of civil 

penalties and damages, and establishes 

third-party intervention under the UST 

Act. 

(17) Section 68–215–122, insofar as it 

identifies authorities for enforcement 

response and provides for injunctions as 

a legal remedy under the UST Act. 

(18) Section 68–215–123, insofar as it 

identifies specific authorities for 

compliance monitoring and public 

participation and provides for any 

person to submit a complaint against 

any person for violating the UST Act. 

(19) Section 68–215–126, insofar as it 

establishes authority in relation to local 

laws or regulations. 

(20) Section 68–215–127, insofar as it 

establishes authority over releases of 

petroleum from underground storage 

tanks and creates the soil and 

groundwater classification and cleanup 

criteria. 

(B) Tennessee’s Underground Storage 

Tank Regulations, Tenn. Comp. R. & 

Regs. 0400–18–01–.01 to .17 (2018). (1) 

0400–18–01–.01(5)(e), insofar as it 

provides for the State’s sharing of 

information with the EPA. 

(2) 0400–18–01–.03(2), insofar as it 

identifies specific authorities for 

compliance monitoring and provides for 

reporting and maintenance of records. 

(3) 0400–18–01–.06(11), insofar as it 

provides for public participation in the 

corrective action process. 

(4) 0400–18–01–.08(20) and (21), 

insofar as these provisions provide 

procedures governing the forfeiture of 

financial assurance and release of 

financial assurance mechanism 

documents. 

(5) 0400–18–01–.09(17), insofar as it 

provides for assessment of civil 

penalties for failure to comply with 

orders issued under the UST Act. 

(6) 0400–18–01–.11, insofar as it 

provides for appeal of any 

determination by TDEC under the 

provisions of Tennessee’s Underground 

Storage Tank Regulations, procedures 

for contested cases, and the State 

Administrative Procedures Act. 

(7) 0400–18–01–.15, insofar as it 

identifies specific authorities for 

enforcement response and delivery 

prohibition requirements. 

(C) Tennessee’s Uniform 

Administrative Procedures Act, Part 3— 

Contested Cases, Tenn. Code Ann. 

sections 4–5–301 to 4–5–325 (2018). (1) 

Section 4–5–308(a) through (c), insofar 

as these provisions identify authorities 

for public participation and provide for 

the filing of pleadings, briefs, motions, 

and other documents. 

(2) Section 4–5–310, insofar as it 

identifies authorities for public 

participation and provides for 

intervention in contested case 

proceedings. 

(3) Section 4–5–313, insofar as it 

identifies authorities for enforcement 

response and provides procedures for 

contested cases. 

(iii) Other provisions not incorporated 

by reference. The following statutory 

and regulatory provisions applicable to 

the Tennessee Petroleum 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 Petroleum UST Program 

and are not incorporated by reference in 

this section: 

(A) Tennessee Petroleum 

Underground Storage Tank Act (the 

UST Act) of 1988, Tenn. Code Ann. 

sections 68–215–101 to 68–215–204 

(2018). (1) Section 68–215–102 is 

external insofar as it contains the State’s 

public policy for regulating 

underground storage tanks. 

(2) Section 68–215–103(17)(A)(iii) and 

(iv), as to the definition of ‘‘Responsible 

party,’’ insofar as these provisions 

include entities other than owners and 

operators, as these terms are defined in 

40 CFR 280.12. 

(3) Section 68–215–104(3), insofar as 

it refers to the payment of fees 

associated with the Petroleum UST 

Program. 

(4) Section 68–215–104(4), insofar as 

it refers to reimbursement from 

Tennessee’s Petroleum Underground 

Storage Tank Fund (State Fund). 

(5) Section 68–215–106(a)(6), insofar 

as it places notification requirements on 

persons other than owners and 

operators, as these terms are defined in 

40 CFR 280.12. 

(6) Section 68–215–106(b)(1) and (2) 

are external insofar as these provisions 

contain obligations on the State agency, 

not a regulated entity. 

(7) Section 68–215–109, insofar as it 

establishes annual tank fees and 

provides for promulgation of regulations 

regarding these fees. 

(8) Section 68–215–110(b) through 

(h), insofar as these provisions provide 

for the creation of the State Fund and 

environmental assurance fee. 

(9) Section 68–215–111, insofar as it 

provides criteria for the qualified 

expenditure of funds, requirements for 

fund eligibility, and promulgation of 

regulations regarding the State Fund. 

(10) Section 68–215–115, insofar as it 

provides the procedures for the State to 

recover its costs for investigation, 

identification, containment, or cleanup 

of a particular site. 

(11) Section 68–215–125, insofar as it 

prohibits the State Fund from being 

considered an insurance company or a 

member of the Tennessee Insurance 

Guaranty Association. 

(12) Section 68–215–129, insofar as it 

provides criteria for cleanup contracts 

and reimbursement from the State Fund. 

(B) Tennessee’s Underground Storage 

Tank Regulations, Tenn. Comp. R. & 

Regs. 0400–18–01–.01 to .17 (2018). (1) 

0400–18–01–.01(4)1.(iii) and (iv), as to 

the definition for ‘‘Responsible party,’’ 

insofar as these provisions include 

entities other than owners and 

operators, as these terms are defined in 

40 CFR 280.12. 

(2) 0400–18–01–.01(5)(a) through (d) 

are external insofar as these provisions 

contain obligations on the State agency 

with respect to proprietary information, 

not a regulated entity. 

(3) 0400–18–01–.02(1)(a)2., insofar as 

it requires owners to submit annual tank 

fees as part of the notification 

requirement. 

(4) 0400–18–01–.02(4)(c)6.(ii)(II)IV., 

insofar as it refers to tank fees and late 

penalties. 

(5) 0400–18–01–.04(1)(e), insofar as it 

requires inspection of dispensers. 

(6) 0400–18–01–.05(1)(b) and (c), 

insofar as these provisions contain 

requirements for coverage and 

reimbursement from the State Fund. 

(7) 0400–18–01–.06(2)(b)1., as to the 

text ‘‘The fund shall not reimburse the 


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owner, operator, and/or other 

responsible party of [the] petroleum 

UST system for the cost of generating 

duplicate data,’’ insofar as this text 

pertains to the State Fund. 

(8) 0400–18–01–.06(3)(f), insofar as it 

provides eligibility requirements for the 

State Fund. 

(9) 0400–18–01–.06(7)(c), insofar as it 

provides for reimbursement from the 

State Fund. 

(10) Appendix 0400–18–01–.07–A, as 

to the text ‘‘transport and’’ in (4)(a) and 

(4)(e), insofar as these provisions pertain 

to the transportation of a tank. 

(11) 0400–18–01–.08(5)(a) and (b), 

insofar as these provisions establish 

eligibility requirements for the State 

Fund. 

(12) 0400–18–01–.09(1) through (16), 

insofar as these provisions regulate 

disbursements, coverage, and fund 

eligibility regarding the State Fund and 

provide for approval of corrective action 

contractors and recovery of State costs. 

(13) 0400–18–01–.09(18) is external 

insofar as it pertains to the severability 

of the rule. 

(14) 0400–18–01–.10, insofar as it 

establishes a system and schedule for 

the collection of fees under the UST 

Act. 

(15) 0400–18–01–.12(3), insofar as it 

establishes eligibility requirements for 

the State Fund. 

(16) 0400–18–01–.12(4), insofar as it 

pertains to the payment of annual tank 

fees. 

(17) 0400–18–01–.14 is external 

insofar as it contains record retention 

obligations on the State agency, not a 

regulated entity. 

(2) Statement of legal authority. The 

Attorney General’s Statement, signed on 

October 3, 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 on 

October 15, 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 on October 15, 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 TDEC, 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 Tennessee to read 

as follows: 

Appendix A to Part 282—State 

Requirements Incorporated by 

Reference in Part 282 of the Code of 

Federal Regulations 

* * * * * 

Tennessee 

(A) The statutory provisions include: 

Tennessee Petroleum Underground Storage 

Tank Act (the UST Act) of 1988, Tenn. Code 

Ann. sections 68–215–101 to 68–215–204 

(2018): 

68–215–101 Short Title. 

68–215–103 Definitions, except 

(17)(A)(iii) and (iv). 

68–215–104 Prohibitions, except (3) and 

(4). 

68–215–105 Minimum standards. 

68–215–106 Notice; certificates and 

certification; except (a)(6), (b)(1), (b)(2), and 

(c) through (f). 

68–215–107 Supervision; orders; 

enforcement; rules and regulations; except (a) 

through (g)(1). 

68–215–110 Fund; environmental 

assurance fee; except (b) through (h). 

68–215–112 Repealed. 

68–215–113 Repealed. 

68–215–124 Exemptions. 

68–215–128 Obsolete. 

68–215–130 Repealed. 

68–215–201 Definitions. 

68–215–202 Ownership of petroleum site 

or petroleum underground storage tank or 

property on which a petroleum site or 

petroleum underground tank is located. 

68–215–203 Operation prior to and after 

foreclosure. 

68–215–204 Participation in the 

management. 

(B) The regulatory provisions include: 

Tennessee’s Underground Storage Tank 

Regulations, Tenn. Comp. R. & Regs. 0400– 

18–01–.01 to .17 (2018): 

0400–18–01–.01 Program Scope, 

Definitions, and Proprietary Information 

Applicability; except (4)1.(iii) and (iv) of the 

definition for ‘‘Responsible party’’ and (5). 

0400–18–01–.02 UST Systems: 

Installation and Operation; except (1)(a)2. 

and (4)(c)6.(ii)(II)IV. 

0400–18–01–.03 Notifications, Reporting, 

and Record Keeping. 

0400–18–01–.04 Release Detection; 

except (1)(e). 

0400–18–01–.05 Release Reporting, 

Investigation, and Confirmation; except (1)(b) 

and (c). 

0400–18–01–.06 Petroleum Release 

Response, Remediation, and Risk 

Management; except for the text ‘‘The fund 

shall not reimburse the owner, operator, and/ 

or other responsible party of petroleum UST 

system for the cost of generating duplicate 

data’’ in (2)(b)1. Also, except (3)(f), (7)(c), and 

(11)(b) and (c). 

0400–18–01–.07 Out-of-Service UST 

Systems and Closure; as to Appendix 0400– 

18–01–.07–A, except for the text ‘‘transport 

and’’ in (4)(a). Also, except (4)(e). 

0400–18–01–.08 Financial Responsibility; 

except (5)(a), (5)(b), (20), and (21). 

0400–18–01–.12 Indicia of Ownership; 

except (3) and (4). 

0400–18–01–.13 Reserved. 

0400–18–01–.16 Certified Operator 

Program. 

0400–18–01–.17 UST Systems with FieldConstructed Tanks and Airport Hydrant 

Systems. 

(C) Copies of the Tennessee statutes and 

regulations that are incorporated by reference 

are available from the Tennessee Department 

of Environment and Conservation, Division 

of Underground Storage Tanks, William R. 

Snodgrass Tennessee Tower, 12th Floor, 312 

Rosa L. Parks Ave., Nashville, TN 37243; 

Phone number: (615) 532–0730; website: 

https://www.tn.gov/environment/programareas/ust-underground-storage-tanks/ust/actrules-and-policies.html. 

* * * * * 

[FR Doc. 2021–19339 Filed 9–8–21; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 300 

[EPA–HQ–OLEM–2020–0394, 0395, 0396 

and 0397; FRL–8887–01–OLEM] 

National Priorities List 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Final rule. 

SUMMARY: The Comprehensive 

Environmental Response, 

Compensation, and Liability Act of 1980 

(‘‘CERCLA’’ or ‘‘the Act’’), as amended, 

requires that the National Oil and 

Hazardous Substances Pollution 

Contingency Plan (‘‘NCP’’) include a list 

of national priorities among the known 

releases or threatened releases of 

hazardous substances, pollutants or 

contaminants throughout the United 

States. The National Priorities List 

(‘‘NPL’’) constitutes this list. The NPL is 

intended primarily to guide the 

Environmental Protection Agency (‘‘the 

EPA’’ or ‘‘the agency’’) in determining 

which sites warrant further 

investigation. These further 

investigations will allow the EPA to 

assess the nature and extent of public 

health and environmental risks 

associated with the site and to 

determine what CERCLA-financed 

remedial action(s), if any, may be 

appropriate. This rule adds four sites to 

the General Superfund section of the 

NPL. 


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