[Federal Register Volume 86, Number 175 (Tuesday, September 14, 2021)]
[Rules and Regulations]
[Pages 51004-51009]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-19724]


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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.

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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:
    <bullet> Federal eRulemaking Portal: https://www.regulations.gov 
(our preferred method). Follow the online instructions for submitting 
comments.
    <bullet> Email: <a href="/cdn-cgi/l/email-protection#ea998f868cc49e8f989893aa8f9a8bc48d859c"><span class="__cf_email__" data-cfemail="e093858c86ce9485929299a0859081ce878f96">[email protected]</span></a>. 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: <a href="/cdn-cgi/l/email-protection#0774626b6129736275757e4762776629606871"><span class="__cf_email__" data-cfemail="0d7e68616b2379687f7f744d687d6c236a627b">[email protected]</span></a>. 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

[[Page 51005]]

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

[[Page 51006]]

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
    <bullet> Ala. Code section 22-36-5, insofar as it requires the 
collection of underground storage tank fees.
    <bullet> 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
    <bullet> Ala. Admin. Code r. 335-6-15-.32, insofar as it specifies 
analytical methods for soil and groundwater sampling.
    <bullet> Ala. Admin. Code r. 335-6-15-.42, insofar as it requires 
owners of underground storage tanks to pay an annual fee.
    <bullet> 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.
    <bullet> 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)

[[Page 51007]]

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:
    <bullet> 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);
    <bullet> Do not impose an information collection burden under the 
provisions of the Paperwork Reduction Act (44 U.S.C. 3501 et seq.);
    <bullet> 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.);
    <bullet> 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);
    <bullet> Do not have federalism implications as specified in 
Executive Order 13132 (64 FR 43255, August 10, 1999);
    <bullet> Are not economically significant regulatory actions based 
on health or safety risks subject to Executive Order 13045 (62 FR 
19885, April 23, 1997);
    <bullet> Are not significant regulatory actions subject to 
Executive Order 13211 (66 FR 28355, May 22, 2001);
    <bullet> 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;
    <bullet> 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
    <bullet> 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

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

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


0
2. Revise Sec.  282.50 to read as follows:


Sec.  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

[[Page 51008]]

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.alabamaadministrativecode.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: <a href="/cdn-cgi/l/email-protection#badcdfdec8dfdd94d6dfdddbd6fad4dbc8db94ddd5cc"><span class="__cf_email__" data-cfemail="ccaaa9a8bea9abe2a0a9abada08ca2adbeade2aba3ba">[email protected]</span></a>, 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.

[[Page 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.


0
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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