[Federal Register Volume 87, Number 134 (Thursday, July 14, 2022)]
[Rules and Regulations]
[Pages 42083-42089]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-14978]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 282

[EPA-R01-UST-2022-0269; FRL-9580-02-R1]


Connecticut: 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: Pursuant to the Resource Conservation and Recovery Act (RCRA 
or Act), the Environmental Protection Agency (EPA) is taking direct 
final action to approve revisions to the State of Connecticut's 
Underground Storage Tank (UST) program submitted by the Connecticut 
Department of Energy and Environmental Protection (``DEEP''). This 
action also codifies EPA's approval of Connecticut State program and 
incorporates by reference those provisions of the State regulations 
that we have determined meet the requirements for approval. The 
provisions will be subject to EPA's inspection and enforcement 
authorities under sections 9005 and 9006 of RCRA Subtitle I and other 
applicable statutory and regulatory provisions.

DATES: This rule is effective September 12, 2022 unless EPA receives 
adverse comment by August 15, 2022. If EPA receives adverse comments, 
it will publish a timely withdrawal in the Federal Register informing 
the public that the rule will not take effect. The incorporation by 
reference of certain publications listed in the regulations is approved 
by the Director of the Federal Register, as of September 12, 2022, in 
accordance with 5 U.S.C. 552(a) and 1 CFR part 51.

ADDRESSES: Submit your comments by one of the following methods:
    1. Federal eRulemaking Portal: https://www.regulations.gov. Follow 
the on-line instructions for submitting comments.
    2. Email: <a href="/cdn-cgi/l/email-protection#6002050c010e044e010e04120501200510014e070f16"><span class="__cf_email__" data-cfemail="e785828b868983c9868983958286a7829786c9808891">[email protected]</span></a>.
    Instructions: Direct your comments to Docket ID No. EPA-R01-UST-
2022-0269. EPA's policy is that all comments received will be included 
in the public docket without change and may be available online at 
https://www.regulations.gov, including any personal information 
provided, unless the comment includes information claimed to be 
Confidential Business Information (CBI) or other information whose 
disclosure is restricted by statute. Do not submit information that you 
consider to be CBI or otherwise protected through https://www.regulations.gov, or email. The Federal https://www.regulations.gov 
website is an ``anonymous access'' system, which means the EPA will not 
know your identity or contact information unless you provide it in the 
body of your comment. If you send an email comment directly to the EPA 
without going through https://www.regulations.gov, your email address 
will be automatically captured and included as part of the comment that 
is placed in the public docket and made available on the internet. If 
you submit an electronic comment, EPA recommends that you include your 
name and other contact information in the body of your comment and with 
any disk or CD-ROM you submit. If EPA cannot read your comment due to 
technical difficulties, and cannot contact you for clarification, EPA 
may not be able to consider your comment. Electronic files should avoid 
the use of special characters, any form of encryption, and be free of 
any defects or viruses. EPA encourages electronic submittals, but if 
you are unable to submit electronically, please reach out to the EPA 
contact person listed in the notice for assistance.
    Docket: All documents in the docket are listed in the https://www.regulations.gov index. Although listed in the index, some 
information might not be publicly available, e.g., CBI or other 
information whose disclosure is restricted by statute. Certain other 
material, such as copyrighted material,

[[Page 42084]]

might be publicly available only in hard copy form. Publicly available 
docket materials are available either electronically through 
www.regulations.gov or in hard copy.
    IBR and supporting material: The EPA encourages electronic 
reviewing of these documents, but if you are unable to review these 
documents electronically, please contact Andrea Beland to schedule an 
appointment to view the documents at the Region 1 Office, 5 Post Office 
Square, 1st floor, Boston, MA 02109-3912. The facility is open from 
8:30 a.m. to 4:00 p.m., Monday through Friday, excluding Federal 
holidays. Interested persons wanting to examine these documents should 
make an appointment at least two weeks in advance. EPA Region 1 
requires all visitors to adhere to the COVID-19 protocol. Please 
contact Andrea Beland for the COVID-19 protocol requirements for your 
appointment. 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 on EPA Docket Center services and the current status, 
please visit us online at https://www.epa.gov/dockets.

FOR FURTHER INFORMATION CONTACT: Andrea Beland, (617) 918-1313, 
<a href="/cdn-cgi/l/email-protection#f694939a979892d8979892849397b6938697d8919980"><span class="__cf_email__" data-cfemail="492b2c2528272d6728272d3b2c28092c3928672e263f">[email protected]</span></a>.

SUPPLEMENTARY INFORMATION:

I. Approval of Revisions to Connecticut's Underground Storage Tank 
Program

A. Why are revisions to state programs necessary?

    States that have received final approval from the EPA under RCRA 
section 9004(b) of RCRA, 42 U.S.C. 6991c(b), must maintain an 
underground storage tank program that is equivalent to, consistent 
with, and no less stringent than the Federal UST program. Either EPA or 
the approved state may initiate program revision. When EPA makes 
revisions to the regulations that govern the UST program, states must 
revise their programs to comply with the updated regulations and submit 
these revisions to the EPA for approval. Program revision may be 
necessary when the controlling Federal or state statutory or regulatory 
authority is modified or when responsibility for the state program is 
shifted to a new agency or agencies.

B. What decisions has the EPA made in this rule?

    On December 22, 2021, in accordance with 40 CFR 281.51(a), 
Connecticut submitted a complete program revision application seeking 
the EPA approval for its UST program revisions (State Application). 
Connecticut's revisions correspond to the EPA final rule published on 
July 15, 2015 (80 FR 41566), which revised the 1988 UST regulations and 
the 1988 state program approval (SPA) regulations (2015 Federal 
Revisions). As required by 40 CFR 281.20, the State Application 
contains the following: a transmittal letter requesting approval, a 
description of the program and operating procedures, a demonstration of 
the State's procedures to ensure adequate enforcement, a Memorandum of 
Agreement outlining the roles and responsibilities of the EPA and the 
implementing agency, a statement of certification from the Attorney 
General, and copies of all relevant state statutes and regulations. We 
have reviewed the State Application and determined that the revisions 
to Connecticut's UST program are equivalent to, consistent with, and no 
less stringent than the corresponding Federal requirements in subpart C 
of 40 CFR part 281, and that the Connecticut program provides for 
adequate enforcement of compliance (40 CFR 281.11(b)). Therefore, the 
EPA grants Connecticut final approval to operate its UST program with 
the changes described in the program revision application, and as 
outlined below in section I.G. of this document.

C. What is the effect of this approval decision?

    This action does not impose additional requirements on the 
regulated community because the regulations being approved by this rule 
are already effective in Connecticut, and they are not changed by this 
action. This action merely approves the existing State regulations as 
meeting the Federal requirements and renders them federally 
enforceable.

D. Why is EPA using a direct final rule?

    EPA is publishing this direct final rule concurrent with a proposed 
rule because we view this as a noncontroversial action and anticipate 
no adverse comment. EPA is providing an opportunity for public comment 
now.

E. What happens if the EPA receives comments that oppose this action?

    Along with this direct final rule, the EPA is publishing a separate 
document in the ``Proposed Rules'' section of this issue of the Federal 
Register that serves as the proposal to approve the State's UST program 
revisions, providing opportunity for public comment. If EPA receives 
comments that oppose this approval, EPA will withdraw the direct final 
rule by publishing a document in the Federal Register before the rule 
becomes effective. The EPA will base any further decision on the 
approval of the State program changes after considering all comments 
received during the comment period. EPA will then address all public 
comments in a later final rule. You may not have another opportunity to 
comment. If you want to comment on this approval, you must do so at 
this time.

F. For what has Connecticut previously been approved?

    On July 5, 1995, the EPA finalized a rule approving the UST 
program, effective August 4, 1995, to operate in lieu of the Federal 
program. On August 9, 1996, effective October 8, 1996, the EPA codified 
the approved Connecticut program, incorporating by reference the State 
statutes and regulatory provisions that are subject to EPA's inspection 
and enforcement authorities under RCRA sections 9005 and 9006, 42 
U.S.C. 6991d and 6991e, and other applicable statutory and regulatory 
provisions.

G. What changes are we approving with this action?

    On December 22, 2021, in accordance with 40 CFR 281.51(a), 
Connecticut submitted a complete application for final approval of its 
UST program revisions, adopted on November 30, 2021. The EPA now makes 
an immediate final decision, subject to receipt of written comments 
that oppose this action, that Connecticut's UST program revisions 
satisfy all the requirements necessary to qualify for final approval. 
Therefore, EPA grants Connecticut final approval for the following 
program changes:

[[Page 42085]]



------------------------------------------------------------------------
     Required Federal element           Implementing State authority
------------------------------------------------------------------------
40 CFR 281.30, New UST Systems and  RCSA Section 22a-449(d)-
 Notification.                       101(a)(3)(B); 22a-449(d)-101(b);
                                     22a-449(d)-102(a); 22a-449(d)-
                                     102(a)(3), (6) through (8), and
                                     (11) through (18); 22a-449(d)-
                                     102(a)(5); 22a-449(d)-102(b); 22a-
                                     449(d)-103(a) and (e); 22a-449(d)-
                                     109; CGS Section 22a-449(e); 22a-
                                     449o.
40 CFR 281.31, Upgrading Existing   RCSA Section 22a-449(d)-101(a)(3)
 UST Systems.                        and (b); 22a-449(d)-110(a), (b) and
                                     (c); 22a-449(d)-110; 22a-449(d)-
                                     111; CGS Section 22a-449 (e); 22a-
                                     449o.
40 CFR 281.32, General Operating    RCSA Section 22a-449(d)-102(a)(15);
 Requirements.                       22a-449(d)-102(b)(11); 22a-449(d)-
                                     103(a); 22a-449(d)-103(a)(4); (b);
                                     (c)(1), (c)(2) and (c)(2)(B); 22a-
                                     449(d)-103(d); (d)(9); (e); (e)(2);
                                     (e)(4); 22a-449(d)-104(g); 22a-
                                     449(d)-108(c)(2); (c)(2)(B); 22a-
                                     449(d)-110(a); CGS Sec.   22a-
                                     449(e).
40 CFR 281.33, Release Detection..  RCSA Section 22a-449(d)-104(a)
                                    22a-449(d)-101(b); 22a-449(d)-
                                     104(a), (c), through (f); 22a-
                                     449(d)-108(c)(2), (c)(2)(C)(viii);
                                     CGS Section 22a-449o.
40 CFR 281.34, Release Reporting,   RCSA Section 22a-449(d)-103(a)
 Investigation, and Confirmation.   22a-449(d)-105(a) through (d); CGS
                                     Section 22a-450.
40 CFR 281.35, Release Response     RCSA Section 22a-449(d)-
 and Corrective Action.              106(c)through (g); 22a-449(d)-
                                     106(h)(1) through (4); 22a-449(d)-
                                     106(i).
40 CFR 281.36, Out-of-service       RCSA Section 22a-449(d)-107(a)
 Systems and Closure.                through (d).
40 CFR 281.37, Financial            RCSA Section 22a-449(d)-109; 22a-
 Responsibility for USTs             449(d)-109(d), (e) through (n),
 Containing Petroleum.               (p), (r), and (v).
40 CFR 281.39, Operator Training..  RCSA Section 22a-449(d)-108.
40 CFR 281.40, Legal Authorities    RCSA Section 22a-449(d)-103(e); 22a-
 for Compliance Monitoring.          449(d)-104(g); 22a-449(d)-105(c);
                                     and CGS Section 22a-6; CGS Section
                                     22a-449q; CGS Section 22a-449(f)
                                     and (g).
40 CFR 281.41, Legal Authorities    CGS Section 22a-6; CGS Section 22a-
 for Enforcement Response.           7; CGS Section 22a-428; CGS Section
                                     22a-432; CGS Section 22a-433; CGS
                                     Section 22a-435; CGS Section 22a-
                                     438.
40 CFR 281.42, Public               Connecticut Practice Book Sec.   9-
 Participation in Enforcement        18; RCSA Section 22a-3a-6(k); CGS
 Proceedings.                        Section 52-107; CGS Section 4-177a;
                                     CGS Section 22a-19.
------------------------------------------------------------------------

    The State also demonstrates that its program provides adequate 
enforcement of compliance as described in 40 CFR 281.11(b) and part 
281, subpart D. The CT DEEP has broad statutory authority with respect 
to USTs to regulate installation, operation, maintenance, closure, and 
UST releases, and to the issuance of orders. These statutory 
authorities are found in: Connecticut General Statutes Title 4. 
Management of State Agencies, Section 22a-177a. Contested cases. Party 
Intervenor Status; Connecticut General Statutes Title 52. Civil 
Actions, Section 52-107. Additional parties may be summoned in; 
Connecticut General Statutes Title 22A. Environmental Protection 
Chapter 439. Department of Energy and Environmental Protection. State 
Policy Part II. General Provisions, Section 22a-6. Commissioner to 
establish environmental standards, regulations, and fees, to make 
contracts and studies and to issue permits. Complaints. Hearings. 
Bonds. Notice of contested cases. Fee waivers. Public notices on 
department's internet website, Section 22a-7. Cease and desist orders. 
Service. Hearings. Injunctions, and Section 22a-19. Administrative 
proceedings; (4) Connecticut General Statutes Title 22A. Environmental 
Protection Chapter 446K. Water Pollution Control, Section 22a-428. 
Orders to municipalities to abate pollution, Section 22a-432. Order to 
correct potential sources of pollution, Section 22a-433. Order to 
landowner, Section 22a-435. Injunction, and Section 22a-438. Forfeiture 
for violations. Penalties.

H. Where are the revised rules different from the Federal rules?

Broader in Scope Provisions
    The following statutory and regulatory provisions are considered 
broader in scope than the Federal program, and are therefore not 
enforceable as a matter of Federal law:
    The State of Connecticut regulates federally exempt on premise use 
heating oil UST systems.
    By May 8, 1986, the owner or operator of each existing facility and 
within thirty days of a new installation's completion, an owner or 
operator shall notify the Commissioner and the office of the local fire 
marshal of the life expectancy determinations made for all underground 
components at the facility.
    The Commissioner may grant a variance or partial variance from one 
or more provisions of Sec. 22-a-449(d)-1 provided such variance will 
not endanger the public health, safety, or welfare or allow pollution 
of the air, land, or waters of the state.
    On and after October 10, 2009, the fee for the notification of each 
nonresidential underground storage facility submitted to the 
commissioner shall be one hundred dollars per tank. Such notification 
shall be submitted annually on a form prescribed by the commissioner on 
or before October tenth and shall be accompanied by such fee.
    No person shall deliver a regulated substance to any UST, except 
for fuel oil storage tanks used for on-premises heating purposes, or 
farm or residential tanks used for storing motor fuel, that is visibly 
designated by the Agency as not meeting standards adopted by the 
Secretary related to corrosion protection, spill prevention, leak 
detection, financial responsibility, or overfill protection.
    If the commissioner determines that there is a release from a 
nonresidential underground storage tank system or that such system is 
not designed, constructed, installed and operated in accordance with 
all applicable statutes and regulations, fails to have or operate 
proper release detection equipment in accordance with the applicable 
regulations, or fails to have or operate proper overfill and spill 
protection measures or equipment in accordance with the applicable 
regulations, then the commissioner may require the owner or operator of 
the nonresidential underground storage tank system to pump out the 
contents of its system, and the commissioner may place a notice on a 
system that is plainly visible, indicating that the system is not in 
compliance with the requirements applicable to nonresidential 
underground storage tank systems and that such system cannot be used 
and deliveries to such system cannot be accepted, or the commissioner 
may disable the use of such system by

[[Page 42086]]

placing a disabling device on the system that prohibits deliveries to 
such system.
More Stringent Provisions
    Airport hydrant fuel distribution systems (AHS) and field 
constructed underground storage tanks (USTs) are prohibited. Existing 
AHS and field constructed USTS shall be permanently closed.
    No person or municipality shall install an UST system on or after 
October 1, 2003, unless the UST system is double-walled.
    On and after August 8, 2012, a new double-walled under dispenser 
containment (UDC) sump must be installed if a dispenser and greater 
than 50% of the flex-joint or flexible piping is replaced or if greater 
than 50% of the dispensers at a facility are being replaced.
    An annual notification of each non-residential UST is required to 
be submitted to the Commissioner.
    All cathodic protection systems shall be tested within six months 
of installation and at least annually thereafter.
    Suction piping shall either have a line tightness test conducted at 
least every three years until thirty-six to thirty-three months prior 
to the end of their life expectancy, on which date and annually 
thereafter line tightness tests shall be conducted or use an approved 
monthly monitoring method.
    For safe suction piping a line tightness test shall be conducted 
thirty-six to thirty-three months prior to the end of their life 
expectancy and annually.
    An owner or operator shall report any failure of an UST system 
immediately to the Commissioner.
    Owners and operators shall keep and maintain records for at least 
five years beyond the operational life of the UST system.
    Continued use of an UST system to store a non-regulated substance 
is prohibited. Regulated UST systems no longer in use shall be 
temporarily or permanently closed. At the end of twelve months, 
temporarily closed thanks shall be permanently closed unless they meet 
the upgrading requirements or the standards for a new tank.
    Class A, B, and C operators must attend a refresher training every 
two years following initial training.

II. Codification

A. What is codification?

    Codification is the process of placing a state's statutes and 
regulations that comprise the state's approved UST program into the 
CFR. Section 9004(b) of RCRA, as amended, allows the EPA to approve 
State UST programs to operate in lieu of the Federal program. The EPA 
codifies its authorization of state programs in 40 CFR part 282 and 
incorporates by reference state statutes and regulations that the EPA 
will enforce under sections 9005 and 9006 of RCRA and any other 
applicable state provisions. The incorporation by reference of state 
authorized programs in the CFR should substantially enhance the 
public's ability to discern the current status of the approved state 
program and state requirements that can be federally enforced. This 
effort provides clear notice to the public of the scope of the approved 
program in each state.

B. What is the history of codification of Connecticut's UST program?

    EPA incorporated by reference the Connecticut DEEP approved UST 
program effective October 8, 1996 (61 FR 41509; August 9, 1996). In 
this document, EPA is revising 40 CFR 282.56 to include the approved 
revisions.

C. What codification decisions have we made in this rule?

    Incorporation by reference: In this rule, we are finalizing 
regulatory text that includes incorporation by reference. In accordance 
with the requirements of 1 CFR 51.5, we are finalizing the 
incorporation by reference of the federally approved Connecticut UST 
program described in section I.G. of this preamble and set forth below 
in the amendments to 40 CFR part 282. The EPA has made, and will 
continue to make, this document generally available through 
www.regulations.gov and at the EPA Region 1 office (see the ADDRESSES 
Section of this preamble for more information).
    The purpose of this Federal Register document is to codify 
Connecticut's approved UST program. The codification reflects the State 
program that would be in effect at the time EPA's approved revisions to 
the Connecticut UST program addressed in this direct final rule become 
final. The document incorporates by reference Connecticut's UST 
statutes and regulations and clarifies which of these provisions are 
included in the approved and federally enforceable program. By 
codifying the approved Connecticut program and by amending the CFR, the 
public will more easily be able to discern the status of the federally-
approved requirements of the Connecticut program.
    EPA is incorporating by reference the Connecticut approved UST 
program in 40 CFR 282.56. Section 282.56(d)(1)(i)(A) incorporates by 
reference for enforcement purposes the State's statutes and 
regulations.
    Section 282.56 also references the Attorney General's Statement, 
Demonstration of Adequate Enforcement Procedures, the Program 
Description, and the Memorandum of Agreement, which are approved as 
part of the UST program under Subtitle I of RCRA. These documents are 
not incorporated by reference.

D. What is the effect of Connecticut's codification on enforcement?

    The EPA retains the authority under sections 9005 and 9006 of 
Subtitle I of RCRA, 42 U.S.C. 6991d and 6991e, and other applicable 
statutory and regulatory provisions to undertake inspections and 
enforcement actions and to issue orders in approved States. With 
respect to these actions, EPA will rely on Federal sanctions, Federal 
inspection authorities, and Federal procedures rather than the state 
authorized analogues to these provisions. Therefore, the EPA is not 
incorporating by reference such particular, approved Connecticut 
procedural and enforcement authorities. Section 282.56(d)(1)(ii) of 40 
CFR lists those approved Connecticut authorities that would fall into 
this category.

E. What State provisions are not part of the codification?

    The public also needs to be aware that some provisions of the 
State's UST program are not part of the federally approved State 
program. Such provisions are not part of the RCRA Subtitle I program 
because they are ``broader in scope'' than Subtitle I of RCRA. Section 
281.12(a)(3)(ii) of 40 CFR states that where an approved state program 
has provisions that are broader in scope than the Federal program, 
those provisions are not a part of the federally approved program. As a 
result, State provisions which are broader in scope than the Federal 
program are not incorporated by reference for purposes of enforcement 
in part 282. Section 282.56(d)(1)(iii) lists for reference and clarity 
the Connecticut statutory and regulatory provisions which are broader 
in scope than the Federal program and which are not, therefore, part of 
the approved program being codified in this document. Provisions that 
are broader in scope cannot be enforced by EPA; the State, however, 
will continue to implement and enforce such provisions under State law.

[[Page 42087]]

III. Statutory and Executive Order Reviews

    This action only applies to Connecticut's UST Program requirements 
pursuant to RCRA section 9004 and imposes no requirements other than 
those imposed by State law. It complies with applicable Executive 
orders (EOs) and statutory provisions as follows:

A. Executive Order 12866: Regulatory Planning and Review; Executive 
Order 13563: Improving Regulation and Regulatory Review

    The Office of Management and Budget (OMB) has exempted this action 
from the requirements of Executive Orders 12866 (58 FR 51735, October 
4, 1993) and 13563 (76 FR 3821, January 21, 2011). This action approves 
and codifies State requirements for the purpose of RCRA section 9004 
and imposes no additional requirements beyond those imposed by State 
law. Therefore, this action is not subject to review by OMB.

B. Executive Order 13771: Reducing Regulations and Controlling 
Regulatory Costs

    This action is not a regulatory action subject to Executive Order 
13771 (82 FR 9339, February 3, 2017) because actions such as this final 
approval of Connecticut's revised underground storage tank program 
under RCRA are exempted under Executive Order 12866. Accordingly, I 
certify that this action will not have a significant economic impact on 
a substantial number of small entities under the Regulatory Flexibility 
Act (5 U.S.C. 601 et seq.).

C. Unfunded Mandates Reform Act and Executive Order 13175: Consultation 
and Coordination With Indian Tribal Governments

    Because this action approves and codifies pre-existing requirements 
under State law and does not impose any additional enforceable duty 
beyond that required by State law, it does not contain any unfunded 
mandate or significantly or uniquely affect small governments, as 
described in the Unfunded Mandates Reform Act of 1995 (2 U.S.C. 1531-
1538). As discussed above, EPA is not acting on approval to operate the 
State's UST program as it applies to Tribal lands in the State. 
Therefore, this action also does not significantly or uniquely affect 
the communities of Tribal governments, as specified by Executive Order 
13175 (65 FR 67249, November 9, 2000).

D. Executive Order 13132: Federalism

    This action will not have substantial direct effects on the States, 
on the relationship between the National Government and the States, or 
on the distribution of power and responsibilities among the various 
levels of government, as specified in Executive Order 13132 (64 FR 
43255, August 10, 1999), because it merely approves and codifies State 
requirements as part of the State RCRA underground storage tank program 
without altering the relationship or the distribution of power and 
responsibilities established by RCRA.

E. Executive Order 13045: Services of Children From Environmental 
Health and Safety Risks

    This action also is not subject to Executive Order 13045 (62 FR 
19885, April 23, 1997), because it is not economically significant, and 
it does not make decisions based on environmental health or safety 
risks.

F. Executive Order 13211: Actions That Significantly Affect Energy 
Supply, Distribution, or Use

    This rule is not subject to Executive Order 13211, ``Actions 
Concerning Regulations that Significantly Affect Energy Supply, 
Distribution, or Use'' (66 FR 28355, May 22, 2001) because it is not a 
``significant regulatory action'' as defined under Executive Order 
12866.

G. National Technology Transfer and Advancement Act

    Under RCRA section 9004(b), EPA grants a State's application for 
approval as long as the State meets the criteria required by RCRA. It 
would thus be inconsistent with applicable law for EPA, when it reviews 
a State approval application, to require the use of any particular 
voluntary consensus standard in place of another standard that 
otherwise satisfies the requirements of RCRA. Thus, the requirements of 
Section 12(d) of the National Technology Transfer and Advancement Act 
of 1995 (15 U.S.C. 272 note) do not apply.

H. Executive Order 12988: Civil Justice Reform

    As required by Section 3 of Executive Order 12988 (61 FR 4729, 
February 7, 1996), in issuing this rule, EPA has taken the necessary 
steps to eliminate drafting errors and ambiguity, minimize potential 
litigation, and provide a clear legal standard for affected conduct.

I. Executive Order 12630: Governmental Actions and Interference With 
Constitutionally Protected Property Rights

    EPA has complied with Executive Order 12630 (53 FR 8859, March 15, 
1988) by examining the takings implications of the rule in accordance 
with the ``Attorney General's Supplemental Guidelines for the 
Evaluation of Risk and Avoidance of Unanticipated Takings'' issued 
under the Executive order.

J. Paperwork Reduction Act

    This rule does not impose an information collection burden under 
the provisions of the Paperwork Reduction Act of 1995 (44 U.S.C. 3501 
et seq.). ``Burden'' is defined at 5 CFR 1320.3(b).

K. Executive Order 12898: Federal Actions To Address Environmental 
Justice in Minority Populations and Low-Income Populations

    Executive Order 12898 (59 FR 7629, February 16, 1994) establishes 
Federal executive policy on environmental justice. Its main provision 
directs Federal agencies, to the greatest extent practicable and 
permitted by law, to make environmental justice part of their mission 
by identifying and addressing, as appropriate, disproportionately high 
and adverse human health or environmental effects of their programs, 
policies, and activities on minority populations and low-income 
populations in the United States. Because this rule approves pre-
existing State rules which are at least equivalent to, and no less 
stringent than existing Federal requirements, and imposes no additional 
requirements beyond those imposed by State law, and there are no 
anticipated significant adverse human health or environmental effects, 
the rule is not subject to Executive Order 12898.

L. Congressional Review Act

    The Congressional Review Act, 5 U.S.C. 801-808, generally provides 
that before a rule may take effect, the agency promulgating the rule 
must submit a rule report, which includes a copy of the rule, to each 
House of the Congress and to the Comptroller General of the United 
States. EPA will submit a report containing this document and other 
required information to the U.S. Senate, the U.S. House of 
Representatives, and the Comptroller General of the United States prior 
to publication in the Federal Register. A major rule cannot take effect 
until 60 days after it is published in the Federal Register. This 
action is not a ``major rule'' as defined by 5 U.S.C. 804(2). However, 
this action will be effective September 12, 2022 because it is a direct 
final rule.

    Authority: This rule is issued under the authority of sections 
2002(a), 7004(b), and 9004 of the Solid Waste Disposal Act, as 
amended, 42 U.S.C. 6912, 6991c, 6991d, and 6991e.

[[Page 42088]]

List of Subjects in 40 CFR Part 282

    Environmental protection, Administrative practice and procedure, 
Confidential business information, Hazardous substances, Incorporation 
by reference, Insurance, Intergovernmental relations, Penalties, 
Petroleum, Reporting and recordkeeping requirements, Surety bonds, 
Underground storage tanks, Water supply.

    Dated: June 30, 2022.
David W. Cash,
Regional Administrator, EPA Region 1.

    For the reasons set forth in the preamble, 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.

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2. Amend Sec.  282.2 by revising the second sentence of paragraph (b) 
introductory text and paragraph (b)(1) to read as follows:


Sec.  282.2   Incorporation by reference.

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    (b) * * * For information on the availability of this material at 
NARA, email: <a href="/cdn-cgi/l/email-protection#d8beaaf6b1b6aba8bdbbacb1b7b698b6b9aab9f6bfb7ae"><span class="__cf_email__" data-cfemail="0365712d6a6d70736660776a6c6d436d6271622d646c75">[email protected]</span></a>, or go to: www.archives.gov/federal-register/cfr/ibr-locations.html. * * *
    (1) Region 1 (Connecticut, Maine, Massachusetts, New Hampshire, 
Rhode Island, Vermont): 5 Post Office Square, 1st floor, Boston, MA 
02109-3912; Phone Number: (617) 918-1313.
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3. Revise Sec.  282.56 to read as follows:


Sec.  282.56   Connecticut State-Administered Program.

    (a) The State of Connecticut is approved to administer and enforce 
an underground storage tank program in lieu of the Federal program 
under Subtitle I of the Resource Conservation and Recovery Act of 1976 
(RCRA), as amended, 42 U.S.C. 6991 et seq. The State's program, as 
administered by the Connecticut Department of Energy and Environment 
Protection (``DEEP''), was approved by EPA pursuant to 42 U.S.C. 6991c 
and 40 CFR part 281. EPA approved the Connecticut program on July 5, 
1995, which was effective on August 4, 1995.
    (b) Connecticut has primary responsibility for administering and 
enforcing its federally approved underground storage tank program. 
However, EPA retains the authority to exercise its inspection and 
enforcement authorities under sections 9005 and 9006 of Subtitle I of 
RCRA, 42 U.S.C. 6991d and 6991e, as well as under any other applicable 
statutory and regulatory provisions.
    (c) To retain program approval, Connecticut must revise its 
approved program to adopt new changes to the Federal Subtitle I program 
which makes it more stringent, in accordance with section 9004 of RCRA, 
42 U.S.C. 6991c and 40 CFR part 281, subpart E. If Connecticut obtains 
approval for the revised requirements pursuant to section 9004 of RCRA, 
42 U.S.C. 6991c, the newly approved statutory and regulatory provisions 
will be added to this subpart and notification of any change will be 
published in the Federal Register.
    (d) Connecticut has final approval for the following elements of 
its program application originally submitted to EPA and approved 
effective August 4, 1995, and the program revision application approved 
by EPA, effective on September 12, 2022.
    (1) State statutes and regulations--(i) Incorporation by reference. 
The material cited in this paragraph, and listed in Appendix A to this 
part, is incorporated by reference as part of the underground storage 
tank program under Subtitle I of RCRA, 42 U.S.C. 6991 et seq. (See 
Sec.  282.2 for incorporation by reference approval and inspection 
information.) You may obtain copies of the Connecticut regulations and 
statutes that are incorporated by reference in this paragraph from Mark 
Latham, Supervising Environmental Analyst, Licensing and Enforcement 
Unit, Emergency Response and Spill Prevention Division, Connecticut 
Department of Energy and Environmental Protection, 79 Elm Street; 
Hartford, CT 06106-5127; Phone number: 860-418-5930; 
<a href="/cdn-cgi/l/email-protection#6825091a034624091c000905280b1c460f071e"><span class="__cf_email__" data-cfemail="f5b894879edbb994819d9498b59681db929a83">[email protected]</span></a>; Hours: Monday to Friday, 8:00 a.m. to 4:30 p.m.; 
link to statutes and regulations: Connecticut General Assembly's 
website: https://www.cga.ct.gov/current/pub/chap_446k.htm#sec_22a-449; 
state's e-regulation portal: https://eregulations.ct.gov/eRegsPortal/Search/getDocument?guid=%7b3048737D-0000-CD35-9265-186385876C76%7d.
    (A) EPA-Approved Connecticut Statutory and Regulatory Requirements 
Applicable to the Underground Storage Tank Program, December 2021.
    (B) [Reserved]
    (ii) Legal basis. EPA evaluated the following statutes and 
regulations which are part of the approved program, but they are not 
being incorporated by reference for enforcement purposes, and do not 
replace Federal authorities:
    (A) The statutory provisions include:
    (1) Connecticut General Statutes Title 4. Management of State 
Agencies, Section 22a-177a. Contested cases. Party Intervenor Status.
    (2) Connecticut General Statutes Title 52. Civil Actions, Section 
52-107. Additional parties may be summoned in.
    (3) Connecticut General Statutes Title 22A. Environmental 
Protection Chapter 439. Department of Energy and Environmental 
Protection. State Policy Part II. General Provisions, Section 22a-6. 
Commissioner to establish environmental standards, regulations, and 
fees, to make contracts and studies and to issue permits. Complaints. 
Hearings. Bonds. Notice of contested cases. Fee waivers. Public notices 
on department's internet website, Section 22a-7. Cease and desist 
orders. Service. Hearings. Injunctions, and Section 22a-19. 
Administrative proceedings.
    (4) Connecticut General Statutes Title 22A. Environmental 
Protection Chapter 446K. Water Pollution Control, Section 22a-428. 
Orders to municipalities to abate pollution, Section 22a-432. Order to 
correct potential sources of pollution, Section 22a-433. Order to 
landowner, Section 22a-435. Injunction, and Section 22a-438. Forfeiture 
for violations. Penalties.
    (B) The regulatory provisions include:
    (1) 2021 Connecticut Practice Book, Chapter 9 Parties, Sec. 9-18. 
Addition or Substitution of Parties; Additional Parties Summoned in by 
Court.
    (2) Regulations of Connecticut State Agencies (RSCA) Title 22a. 
Environmental Protection Section 22a--3a-6(k) Intervention.
    (iii) Provisions not incorporated by reference. The following 
specifically identified statutory and regulatory provisions applicable 
to the Connecticut's UST program are broader in scope than the Federal 
program, are not part of the approved program, and are not incorporated 
by reference in this section for enforcement purposes:
    (A) Connecticut General Statutes Title 22A. Environmental 
Protection Chapter 446K. Water Pollution Control, Section 22a-449. 
Duties and powers of commissioner resources of potential pollution or 
damages. Licenses, regulations. Nonresidential underground storage tank 
systems, (g), delivery prohibition.
    (B) RCSA, Title 22a. Environmental Protection, Section 22a-449(d)-
1, Control of the nonresidential underground storage and handling of 
oil and petroleum liquids

[[Page 42089]]

    RCSA, Title 22a. Environmental Protection, Section 22a-449(d)-
1(d)(1) and (2), Reporting of life expectancy determination.
    RCSA, Title 22a. Environmental Protection, Section 22a-449(d)-1(l), 
Variances.
    RCSA, Title 22a. Environmental Protection, Section 22a-449(d)-111. 
Life expectancy.
    (2) Statement of legal authority. The Attorney General's 
Statements, signed by the Attorney General of Connecticut on December 
21, 1994, and December 20, 2021, though not incorporated by reference, 
are referenced as part of the approved underground storage tank program 
under Subtitle I of RCRA, 42 U.S.C. 6991 et seq.
    (3) Demonstration of procedures for adequate enforcement. The 
``Demonstration of Procedures for Adequate Enforcement'' submitted as 
part of the original application in December 1994, and as part of the 
program revision application for approval on December 22, 2021, though 
not incorporated by reference, is referenced as part of the approved 
underground storage tank program under Subtitle I of RCRA, 42 U.S.C. 
6991 et seq.
    (4) Program description. The program description and any other 
material submitted as part of the original application in December 
1994, and as part of the program revision application on December 22, 
2021, though not incorporated by reference, are referenced as part of 
the approved underground storage tank program under Subtitle I of RCRA, 
42 U.S.C. 6991 et seq.
    (5) Memorandum of Agreement. The Memorandum of Agreement between 
EPA Region 1 and the Connecticut Department of Energy and Environmental 
Protection, signed by the EPA Regional Administrator on December 20, 
2021, though not incorporated by reference, is referenced as part of 
the approved underground storage tank program under Subtitle I of RCRA, 
42 U.S.C. 6991 et seq.

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4. Appendix A to part 282 is amended by revising the entry for 
Connecticut to read as follows:

Appendix A to Part 282--State Requirements Incorporated by Reference in 
Part 282 of the Code of Federal Regulations

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Connecticut

    (a) The statutory provisions include:
    1. Connecticut General Statutes Title 22A. Environmental 
Protection Chapter 446K. Water Pollution Control, Section 22a-449. 
Duties and powers of commissioner resources of potential pollution 
or damages. Licenses, regulations. Nonresidential underground 
storage tank systems. (a); (d); (e) except annual tank fee; and (f).
    2. Connecticut General Statutes Title 22A. Environmental 
Protection Chapter 446K. Water Pollution Control, Section 22a-449o. 
Requirement for double-walled underground storage tanks.
    3. Connecticut General Statutes Title 22A. Environmental 
Protection Chapter 446K. Water Pollution Control, Section 22a-449q. 
Storage of underground storage tank system records.
    4. Connecticut General Statutes Title 22A. Environmental 
Protection Chapter 446K. Water Pollution Control, Section 22a-450. 
Report of discharge, spill, loss, seepage or filtration. 
Regulations.
    (b) The regulatory provisions include:
    1. RCSA, Title 22a. Environmental Protection, Section 22a-449(d) 
Underground Storage Tank System Management (effective December 1, 
2021).
    Section 1 Control of the nonresidential underground storage and 
handling of oil and petroleum liquids, except (d)(1) and (2) 
notification of life expectancy determination, life expectancy 
(h)(1)--(3), and (l) variances.
    Section 100 Reserved.
    Section 101 Technical standards and corrective action for owners 
and operators of underground storage tank systems-program scope and 
interim prohibition.
    Section 102 UST systems: design, construction installation and 
notification.
    Section 103 General operating requirements.
    Section 104 Release Detection.
    Section 105 Release reporting, investigation, and confirmation.
    Section 106 Release response and corrective action for UST 
systems containing petroleum or hazardous substances.
    Section 107 Out-of-service UST systems and closure.
    Section 108 Operator training required.
    Section 109 Financial responsibility.
    Section 110 UST system upgrading, abandonment and removal date.
    Section 112 UST system location transfer.
    Section 113 Transfer of UST system ownership, possession or 
control.
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[FR Doc. 2022-14978 Filed 7-13-22; 8:45 am]
BILLING CODE 6560-50-P


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