Federal Register / Vol. 87, No. 134 / Thursday, July 14, 2022 / Rules and Regulations 42083 

1. Code of Vermont Rules 12–032–004. 

CHAPTER 8—Vermont Underground Storage 

Tank Rules (Effective October 26, 2020) 

Subchapter 1: General Provisions, Section 

8–101. Authority; Section 8–102. Purpose 

and Applicability, except ‘‘install, remove, 

repair, or test’’; Section 8–103. Release 

Prohibition, Reporting, Emergency Response, 

except (b) ‘‘owner of the land on which the 

underground storage tank system is located, 

transporter of fuel, etc.’’ and (g); Section 8– 

104. Signatories to Permits and Reports; 

Section 8–105. Incorporation by Reference; 

Section 8–109. Transfer of Ownership, 

Operation; Permits, Notification of Rules, 

Section 8–109(b); Subchapter 2: Definitions; 

Subchapter 3: Registration (Notification), 

Permits, And Operator Training, Section 8– 

301. Applicability, 8–301(a)(1)(C) and (D); 8– 

301(a)(2)(A), (C), and (D); 8–301(b)(1), (b)(3) 

and (b)(4); Section 8–302. Registration, 

except 8–302(a)(1)(C) and 8–302(c); Section 

8–303. Permits for Category One 

Underground Storage Tank Systems, 8– 

303(f); Section 8–305. Financial 

Responsibility Requirements; Section 8–306. 

Change-in-Service; Section 8–307. Operator 

Training Requirements; Section 8–308. 

Approval of Operator Training Test; 

Subchapter 4: Design, Manufacturing, and 

Installation Standards for Underground 

Storage Tank Systems, Section 8–402. 

Prohibitions, 8–402(c), (d) and (e); Section 8– 

403. General Requirements; Section 8–404. 

Tank Installation Standards; Section 8–405. 

Piping Standards, except 8–405(b), (d)(2), 

and (e); Section 8–406. Spill Containment & 

Overfill Prevention Measures and 

Equipment, except 8–406(c) and (d); Section 

8–407. Scheduling Installations of 

Underground Storage Tank Systems, except 

8–407(a)(1); Section 8–408. Reuse of Tanks; 

Section 8–409 Underground Storage Tank 

Systems Located at Marinas; Section 8–410. 

Field Constructed Tanks and Airport Hydrant 

Systems; Subchapter 5: Operating Standards 

for Underground Storage Tanks, Section 8– 

501. Applicability; Section 8–502. General 

and Recordkeeping Requirements; Section 8– 

503. Spill and Overfill Prevention; 

Monitoring of Deliveries, except 8–503(a) and 

(b); Section 8–504. Cathodic Protection 

Systems; Section 8–505. General 

Requirements for Release Detection; Section 

8–506. Release Detection Requirements for 

Tanks, except 8–506(c)(1)(F); Section 8–507. 

Release Detection Requirements for Piping, 

Sumps, and Spill Containment; Section 8– 

508. Underground Storage Tank System 

Repairs, except 8–508(c)(9)(B), (C), and (D), 

and 8–508(g); Section 8–509. Periodic 

Inspections and Self-Certifications; Section 

8–510. Unstaffed Facilities; Section 8–511. 

Testing of Sumps, Spill Containment, and 

Overfill Prevention Devices, except 8–511(c); 

Section 8–512. Field Constructed Tanks and 

Airport Hydrant Systems; Subchapter 6: OutOf-Service, Continued Use, And Closure 

Standards for Underground Storage Tank 

Systems, Section 8–601. Applicability, 

except 8–601(c) and (d); Section 8–602. Outof-Service Underground Storage Tank 

Systems; Section 8–603. Continued Use of 

Underground Storage Tank Systems; Section 

8–604: Closure of Underground Storage Tank 

Systems, except the words ‘‘or three’’ in 8– 

604(g), 8–604(h)(3), and 8–604(i) with respect 

to the Secretary’s issuance of an amended 

permit; Section 8–605. Release Assessment at 

the Time of Closure or a Change-In-Service; 

and 8–606. Closure Records. 

2. Code of Vermont Rules 12–032–008. 

Chapter 35—Investigation and Remediation 

of Contaminated Properties Rule (Effective 

July 6, 2019) only insofar as they pertain to 

the regulation of underground storage tanks 

in Vermont and only insofar as they are 

incorporated by reference and are not broader 

in scope than the federal requirements. 

Subchapter 1. General Provisions, except 

Section 35–103, Severability, and Section 

35–107, Historical Fill Exemption; 

Subchapter 2. Definitions; Subchapter 3. Site 

Investigation; Subchapter 4. Data 

Evaluations; Subchapter 6. Corrective Action; 

Subchapter 7. Long Term Monitoring; 

Subchapter 8. Contaminated Soil, except 

Section 35–805. Development Soils ; 

Subchapter 9. Institutional Controls; 

Subchapter 10. Site Closure. 

* * * * * 

[FR Doc. 2022–14981 Filed 7–13–22; 8:45 am] 

BILLING CODE 6560–50–P 

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. 

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: beland.andrea@epa.gov. 

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, 


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42084 Federal Register / Vol. 87, No. 134 / Thursday, July 14, 2022 / Rules and Regulations 

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, 

beland.andrea@epa.gov. 

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: 


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Required Federal element Implementing State authority 

40 CFR 281.30, New UST Systems and Notification.RCSA Section 22a–449(d)–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 UST Systems.RCSA Section 22a–449(d)–101(a)(3) 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 Requirements.RCSA Section 22a–449(d)–102(a)(15); 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 

§ 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, Investigation, and Confirmation.RCSA Section 22a–449(d)–103(a) 

22a–449(d)–105(a) through (d); CGS Section 22a–450. 

40 CFR 281.35, Release Response and Corrective Action.RCSA Section 22a–449(d)–106(c)through (g); 22a–449(d)–106(h)(1) through (4); 22a–449(d)– 

106(i). 

40 CFR 281.36, Out–of–service Systems and 

Closure.

RCSA Section 22a–449(d)–107(a) through (d). 

40 CFR 281.37, Financial Responsibility for 

USTs Containing Petroleum.

RCSA Section 22a–449(d)–109; 22a–449(d)–109(d), (e) through (n), (p), (r), and (v). 

40 CFR 281.39, Operator Training ..................... RCSA Section 22a–449(d)–108. 

40 CFR 281.40, Legal Authorities for Compliance Monitoring.RCSA Section 22a–449(d)–103(e); 22a–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 for Enforcement Response.CGS Section 22a–6; CGS Section 22a–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 Participation in Enforcement Proceedings.Connecticut Practice Book § 9–18; RCSA Section 22a–3a–6(k); CGS 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 


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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 nonresidential 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 thirtysix 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. 


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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. 


jspears on DSK121TN23PROD with RULES1
42088 Federal Register / Vol. 87, No. 134 / Thursday, July 14, 2022 / Rules and Regulations 

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 

■ 1. The authority citation for part 282 

continues to read as follows: 

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

and 6991e. 

■ 2. Amend § 282.2 by revising the 

second sentence of paragraph (b) 

introductory text and paragraph (b)(1) to 

read as follows: 

§ 282.2 Incorporation by reference. 

* * * * * 

(b) * * * For information on the 

availability of this material at NARA, 

email: fr.inspection@nara.gov, 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. 

* * * * * 

■ 3. Revise § 282.56 to read as follows: 

§ 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 

§ 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; Mark.Latham@

ct.gov; 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 eregulation portal: https://

eregulations.ct.gov/eRegsPortal/Search/ 

getDocument?guid=%7b3048737D0000-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 


jspears on DSK121TN23PROD with RULES1
Federal Register / Vol. 87, No. 134 / Thursday, July 14, 2022 / Rules and Regulations 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. 

■ 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 

* * * * * 

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. 

* * * * * 

[FR Doc. 2022–14978 Filed 7–13–22; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 282 

[EPA–R03–UST–2021–0862; FRL–9625–02– 

R3] 

Delaware: Final Approval of State 

Underground Storage Tank Program 

Revisions, Codification, and 

Incorporation by Reference 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Direct final rule. 

SUMMARY: Pursuant to the Solid Waste 

Disposal Act of 1965, as amended 

(commonly known as the Resource 

Conservation and Recovery Act 

(RCRA)), the Environmental Protection 

Agency (EPA) is taking direct final 

action to approve revisions to 

Delaware’s Underground Storage Tank 

(UST) program submitted by Delaware 

(Delaware or State). This action also 

codifies EPA’s approval of Delaware’s 

State program and incorporates by 

reference (IBR) those provisions of 

Delaware’s regulations and statutes that 

EPA has 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 

significant negative comments opposing 

this action by August 15, 2022. If EPA 

receives significant negative comments 

opposing this action, EPA 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: Cato.Diashinae@epa.gov. 

Instructions: Direct your comments to 

Docket ID No. EPA–R03–UST–2021– 

0862. 

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 website, https://

www.regulations.gov, is an ‘‘anonymous 

access’’ system, which means 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 EPA without 

going through https:// 


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