Federal Register / Vol. 87, No. 134 / Thursday, July 14, 2022 / Rules and Regulations 42075 

under parts 310 and 320 of this title, 39 

U.S.C. 601 shall supersede any other 

generally applicable requirements. 

§ 3065.2 Prohibition on new regulations. 

(a) The Postal Service may not 

promulgate any new regulations or enter 

into agreements purporting to suspend 

or otherwise define the scope of the 

letter monopoly. 

(b) The Postal Service may not 

promulgate any new regulations 

purporting to interpret 39 U.S.C. 601. 

(c) The Commission has the sole 

authority to promulgate new regulations 

necessary to carry out 39 U.S.C. 601. 

§ 3065.3 Procedure for seeking 

clarification or interpretation. 

(a) The Commission may, on its own 

motion, initiate a proceeding under this 

subpart pursuant to § 3010.201(a) of this 

chapter. 

(b) The Commission may provide 

interpretation of these regulations or 39 

U.S.C. 601 upon: 

(1) A party’s request to initiate a 

rulemaking proceeding with the 

Commission pursuant to the 

requirements of § 3010.201(b) of this 

chapter; or 

(2) A party’s request for an advisory 

opinion from the General Counsel. 

By the Commission. 

Erica A. Barker, 

Secretary. 

[FR Doc. 2022–14959 Filed 7–13–22; 8:45 am] 

BILLING CODE 7710–FW–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 282 

[EPA–R01–UST–2022–0204; FRL–9581–02– 

R1] 

Vermont: 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 Vermont’s Underground Storage Tank 

(UST) program submitted by the 

Vermont Department of Environmental 

Conservation (VT DEC). This action also 

codifies EPA’s approval of Vermont 

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: coyle.joan@epa.gov. 

Instructions: Direct your comments to 

Docket ID No. EPA–R01–UST–2022– 

0204. 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, 

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 Joan Coyle 

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 Joan Coyle 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: Joan 

Coyle, (617) 918–1303, coyle.joan@

epa.gov. 

SUPPLEMENTARY INFORMATION: 

I. Approval of Revisions to Vermont’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 


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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 23, 2020, in accordance 

with 40 CFR 281.51(a), Vermont 

submitted a complete program revision 

application seeking the EPA approval 

for its UST program revisions (State 

Application). Vermont’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 Vermont’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 Vermont 

program provides for adequate 

enforcement of compliance (40 CFR 

281.11(b)). Therefore, the EPA grants 

Vermont 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 Vermont, 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 Vermont previously 

been approved? 

On January 3, 1992, the EPA finalized 

a rule approving the UST program, 

effective February 3, 1992, to operate in 

lieu of the Federal program. On 

September 12, 1995, effective November 

13, 1995, the EPA codified the approved 

Vermont 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 23, 2020, in accordance 

with 40 CFR 281.51(a), Vermont 

submitted a complete application for 

final approval of its UST program 

revisions, adopted on October 26, 2020. 

The EPA now makes an immediate final 

decision, subject to receipt of written 

comments that oppose this action, that 

Vermont’s UST program revisions 

satisfy all the requirements necessary to 

qualify for final approval. Therefore, 

EPA grants Vermont final approval for 

the following program changes: 

Required federal element Implementing state authority 

40 CFR 281.30, New UST Systems and Notification .............................. CVR 12–032–004 Chapter 8–302; 8–303(a)(1) and (a)(2); 8–403(b) 

and (c); 8–404; 8–405(a) and (f); 8–406(a) and (b); 8–410; 8– 

506(a)(1); 8–507(a)(1); 8–512. 

40 CFR 281.31, Upgrading Existing UST Systems ................................. CVR 12–032–004 Chapter 8–404; 8–405; 8–406; 8–410; 8–512. 

40 CFR 281.32, General Operating Requirements ................................. CVR 12–032–004 Chapter 8–403(a); 8–502(c) and (d); 8–503(d); 8– 

504; 8–508; 8–509(a), (c) and (f); 8–510(b); 8–511. 

40 CFR 281.33, Release Detection ......................................................... CVR 12–032–004 Chapter 8–404(c); 405(f); 8–505; 8–506(a); 8–507; 

8–509(b)(2). 

40 CFR 281.34, Release Reporting, Investigation, and Confirmation ..... CVR 12–032–004 Chapter 8–103(a) through (e). 

40 CFR 281.35, Release Response and Corrective Action .................... CVR 12–032–004 Chapter 8–103(a), 8–103(c) through (e); CVR 12– 

032–008 Chapter 35–301; 35–305; 35- 604(d)(10); 35–606(b)(3); 

35–607(b). 

40 CFR 281.36, Out-of-service Systems and Closure ............................ CVR 12–032–004 Chapter 8–602(a), (b)(1) through (4), (6);8–604. 

40 CFR 281.37, Financial Responsibility for USTs Containing Petroleum.CVR 12–032–004 Chapter 8–305(a), (b), (c), (d), (e), (g), (j). 

40 CFR 281.38, Lender Liability .............................................................. CVR 12–032–004 Chapter 8–303(a)(2); 10 VSA 1926(c); 10 VSA 

6615(g). 

40 CFR 281.39, Operator Training .......................................................... CVR 12–032–004 Chapter 8–307; 8–308. 

40 CFR 281.40, Legal Authorities for Compliance Monitoring ................ CVR 12–032–004 Chapter 8–303(i)(2); 8–305; 8–502(c) and (d); 10 

VSA 1924; 10 VSA 1931; 10 VSA 1934. 

40 CFR 281.41, Legal Authorities for Enforcement Response ............... 10 VSA 1927(d); 10 VSA 1932; 10 VSA 1934; 10 VSA 1935; 10 VSA 

8007; 10 VSA 8008; 10 VSA 8009; 10 VSA 8010. 

40 CFR 281.42, Public Participation in Enforcement Proceedings ......... 10 VSA 8007(c); 10 VSA 8020; VRCP 24. 


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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 

VT DEC 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: Vermont 

Statutes Annotated, Title 10: 

Conservation and Development, Chapter 

59: Underground and Aboveground 

Liquid Storage Tanks, and Vermont 

Statutes Annotated, Title 10: 

Conservation and Development, Chapter 

159: Waste Management. 

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: 

Tank owners shall record the 

existence and location of USTs in local 

land records. 

After June 30, 1986, no owner or 

operator shall operate or maintain any 

UST, except for fuel oil storage tanks 

used for on-premises heating purposes, 

or farm or residential tanks used for 

storing motor fuel, without first 

obtaining a permit from the Secretary. 

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. 

The Secretary shall establish tank 

registration requirements for farm or 

residential USTs greater than 1,100 

gallons (category three tanks) that are or 

have been used to contain fuel oil for 

on-premises heating purposes, and for 

USTs greater than 1,100 gallons that are 

or have been used to contain fuel oil of 

on-premises heating purposes at a 

public building (category three tanks). 

The Secretary shall adopt rules 

addressing the design and proper 

installation of aboveground storage 

tanks. 

The Secretary may establish a process 

for licensing persons to perform tank 

integrity demonstrations. 

A fund was created in the State 

Treasury, known as the Underground 

Storage Tank Trust Fund, to be 

expended by the Secretary as allowed 

by federal law, who may accept and use 

funds available through the federal 

underground storage tank trust fund. 

The owners of a retail gasoline outlet 

that sells less than 20,000 gallons of 

gasoline per month and who want 

assistance to replace USTs, and 

municipalities with less than 2,500 

people, may apply to the Secretary for 

such assistance, which may be in the 

form of grants of up to $5,000 or the cost 

of complying with the requirements in 

Chapter 59, whichever is less. 

Vermont UST rules also apply to 

persons who install, remove, repair, or 

test underground storage tank systems. 

All permit applications, notifications, 

and requested or required reports shall 

be signed by the applicant or permitee, 

or by a duly authorized representative of 

the same. 

Any person may be granted a variance 

for one or more of a specific provision 

of the rules, provided that the request 

demonstrates that the proposed new or 

alternative technology, method, or 

application will be as protective to 

human health or the environment as the 

original provision. 

Monitoring wells, recovery wells, and 

observation wells must be constructed 

with a liquid-tight cap and maintained 

in a condition that will prevent 

contamination of the groundwater 

resulting from a spill of regulated 

substance on the ground surface. 

USTs used to store fuel oil for onpremises heating that have a capacity 

greater than 1,100 gallons and those 

located at public buildings are subject to 

requirements for registration, site 

assessment at closure, and release 

reporting. 

USTs of any size storing fuel oil for 

on-premises industrial use, not just 

space heating, are subject to all 

requirements. 

All USTs are subject to requirements 

for reporting releases and spills. 

Owners of the land on which UST 

systems are located, as well as 

transporters of fuel, to both UST 

facilities and to disposal and treatment 

facilities, are subject to releases and 

spills reporting requirements. 

Owners and operators of all 

underground storage tank systems must 

record their existence and location in 

municipal land records and pay a 

recording fee to the municipality, except 

for those UST’s equal to or less than 

1,100 gallons that are farm or residential 

motor fuel tanks or fuel oil tanks used 

for on-premises heating. 

The Petroleum Cleanup Fund was 

established as a financial assurance 

mechanism for the cleanup and 

restoration of contaminated soil and 

groundwater caused by petroleum 

releases from USTs, and for 

compensation of third parties for 

injuries and damages caused by a 

release. 

The State established a licensing fee 

of one cent per gallon of motor fuel sold 

by a distributor or dealer or used by a 

user in the State and will be assessed 

against every distributor, dealer, or user. 

The fee will be deposited into the 

Petroleum Cleanup Fund. 

Each owner of all USTs, except for 

those equal to or less than 1,100 gallons 

that are farm or residential motor fuel 

tanks or fuel oil tanks used for onpremises heating, that store petroleum 

products must annually remit to the 

Secretary $100 per double-wall tank 

system; $250 per combination tank 

system, if the single-wall tank has been 

lined; $500 for all other combination 

systems; and $1,000 per single-wall tank 

system. Fees will be deposited into the 

Petroleum Cleanup Fund. 

A Loan Assistance Program is 

established from which the Secretary 

may make individual loans up to 

$150,000 for the replacement or removal 

of petroleum tank systems. Loans will 

be made from the Motor Fuel Account. 

Permits are required for construction, 

replacement, and operation of all UST’s, 

except for fuel oil storage tanks used for 

on-premises heating and for farm or 

residential tanks used for storing motor 

fuel. Permits are not transferrable and 

do not run with the land. New owners 

or operators of UST facilities must apply 

for new operating permits. Operating 

permits are good for five years but 

permit fees must be submitted to the 

Secretary annually. Fees for UST 

permits are established at $125 per tank 

per year. 

No portion of any new permitted 

underground storage tank system 

(installed after July 1, 2007) shall be 

located within the Source Protection 

Area of a public community water 

system or public non-transient, noncommunity (NTNC) water system using 

a groundwater source; within Zone 1 or 

2 of a Source Water Area of a public 

community water system or NTNC 

water system using a surface water 

source (unless the Secretary determines 

on a case-by-case basis, that an UST 

may be sited in zone 2 of this same 

area); within 200 feet of a public 

transient, non-community (TNC) water 

system source; within 100 feet of any 

private water supply source; within 25 

feet of any public water distribution 

line; or in any designated Class I or 

Class II groundwater zone area. 

For all new facilities, and new UST’s 

being installed at existing facilities, no 

portion of the tank system shall be 


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located within five feet from any wall, 

foundation, or property line. 

All fill pipes, pump-out pipes, or 

other tank-top fittings shall be 

connected to the tank using vapor-proof 

fittings and shall be equipped with 

vapor-proof caps that remain closed 

whenever the pipe or fitting is not in 

use. 

All pressurized piping shall be 

equipped with a shear valve in the 

supply line to the dispenser, that is 

located at the inlet to the dispenser, and 

is securely anchored to a structural 

member of the dispensing island. Shear 

valves shall be tested according to the 

manufacturer’s recommendations at the 

time of installation and at least annually 

thereafter. 

Any size motor fuel and commercial 

fuel oil underground storage tank 

located at an elevation that produces a 

gravity head on the dispenser shall be 

equipped with a device (e.g., a solenoidoperated anti-siphon valve) that 

prevents the flow of regulated substance 

by gravity from the tank when the 

dispenser is not in use, or in the event 

of a piping or hose failure. 

A facility diagram must always be 

displayed in a location that is protected 

from the weather and visible to any 

carrier delivering regulated substances 

to all USTs, except fuel oil storage tanks 

used for on-premises heating purposes, 

or farm or residential tanks greater than 

1,100 gallons used for storing motor 

fuel. It must include the location of each 

tank and fill pipe, regulated substance 

stored, and the capacity and diameter of 

each tank. 

The fill pipe of each UST must be 

marked or labelled to identify the 

material stored. The fill pipe and pumpout pipe of any used oil UST must be 

marked or labelled to identify the 

contents of the tank as used oil. When 

the material stored in a tank is changed, 

the labeling or marking on the fill pipe 

and pump-out pipe shall be updated to 

reflect that change. 

Following the repair of a tank, and 

before using it, the owner must obtain 

a written warranty from the person who 

repaired the tank that warrants against 

structural failure for at least 10 years 

after the repair, and for steel tanks, 

warrants against failure due to external 

corrosion for at least 10 years following 

the repair. Copies of warranties for 

internal inspections of tank linings shall 

be maintained for the operating life of 

the tank. Copies of all warranties shall 

be made available to the Secretary 

within 24 hours of a request. 

Any time a vent riser is exposed for 

maintenance or repair, any Stage II 

vapor recovery piping connected to that 

vent riser shall be disconnected and 

capped securely. 

Any waste liquids produced by the 

testing procedures required for sump 

and spill containment device 

inspections shall be managed in 

accordance with procedures established 

by the Secretary. 

Requirements for registration, 

reporting of releases and spills, release 

assessments at closure and removal, and 

recordkeeping of closure activities apply 

to fuel oil tanks used for on-premises 

heating that are greater than 1,100 

gallons or are located at commercial and 

public buildings. 

Requirements for permanent closure 

apply to farm or residential motor fuel 

tanks and fuel oil storage tanks used for 

on-premises heating that are less than or 

equal to 1,100 gallons. However, the 

requirements for providing notice of 

closure and recording to the Secretary 

do not apply for these tank systems. 

When the Secretary receives a site 

assessment report for closing any UST 

system, the Secretary will send the 

owner either an amended Notification 

Form or an UST Closure Form. Within 

30 days of receipt of the form, the owner 

will complete and sign the form and 

return to the Secretary with the 

municipal recording fee. The Secretary 

will issue an amended permit for any 

category one UST systems that remain 

in-service at the facility where an UST 

system has been closed. 

More Stringent Provisions 

Any release of petroleum product that 

exceeds two gallons, or a release of 

petroleum product that is less than or 

equal to two gallons and poses a 

potential or actual threat to human 

health or the environment, must be 

immediately reported to the state. 

A release of any amount of hazardous 

material other than petroleum must be 

immediately reported to the state. 

Upon transfer of ownership of an 

underground tank system, the seller 

shall provide written notification to the 

new owner of the existence of these 

rules. 

For any change-in-service, the owner 

or permittee must notify the Secretary of 

the anticipated change at least 14 days 

prior to making the change. 

Any piping that is removed from the 

ground shall not be reinstalled as part 

of an underground storage tank system 

used to contain a regulated substance. 

During all hours of normal operation 

hours, a staffed facility shall have a 

Class C operator present at the facility, 

or at least a person who has been 

trained in all appropriate emergency 

actions to be taken in response to a spill 

or overfill of regulated substance, 

automatic tank gauge system alarms, 

and phone numbers to call to report 

spills, overfills, or other emergencies. 

Class A, B, and C operators must 

renew their certifications at least every 

two years. 

An operator training test must be 

approved, in writing, by the Secretary as 

satisfying the minimum criteria of areas 

of competence for Class A, B, and C 

operators. 

Remote fill pipes and manifolds that 

contain hazardous materials must be 

equipped with secondary containment. 

All dispenser sumps shall be 

monitored for releases, except those 

with pumps that operate under suction 

and the pipe connecting the tank to the 

dispenser rises directly vertically from 

the tank. 

Any point where different types of 

new piping are joined underground, or 

any point between a tank and dispenser 

where liquid would likely accumulate 

in the interstitial space of the piping 

system, shall be contained within an 

intermediary sump that is monitored for 

releases. 

All tanks containing regulated 

substances, including farm or 

residential motor fuel tanks greater than 

1,100 gallons used for non-commercial 

purposes, must have spill containment. 

Spill containment devices installed or 

replaced after July 1, 2007, must have a 

minimum capacity of 15 gallons and not 

be equipped with a drain valve. 

Overfill prevention equipment is not 

required for any tank that receives less 

than 25 gallons of regulated substances 

at one time and is never more than 90 

percent full, provided the owner/ 

operator performs manual volume 

measurements at least once per week, 

following procedures in the regulations, 

and maintains records of the results. 

Field-installed galvanic anodes must 

be tested at least annually. 

Systems using impressed current shall 

be inspected and tested at least annually 

to evaluate all components. 

A copy of a passing cathodic test 

report shall be submitted to the 

Secretary within 30 days of the test. The 

Secretary must be notified within one 

business day of the failed test. A copy 

of a failed test report must be submitted 

to the Secretary within five business 

days of the test. The cause of the failure 

must be determined within 120 days of 

the test, and, if necessary, the failed 

system must be repaired or replaced. 

Within 30 days of repairing a cathodic 

protection system, a written report must 

be submitted to the Secretary describing 

the cause and the measures taken to 

correct the failure. If repairs to the 

cathodic protection system are not 

completed within120 days of the date of 


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the failed test, the UST system must be 

taken out-of-service or be closed. On a 

case-by-case basis, the Secretary may 

allow the UST system to remain in 

service for more than 120 days after the 

date of the failed test. 

All UST systems in operation, except 

for fuel oil storage tanks used for onpremises heating purposes, and farm or 

residential motor fuel tanks less than 

1,100 gallons, or those that are out of 

service but still contain product, must 

be monitored at least weekly for 

releases. 

Inventory monitoring must be 

performed on all operating UST 

systems, except for fuel oil storage tanks 

used for on-premises heating purposes, 

farm, or residential motor fuel tanks less 

than 1,100 gallons, and tanks that 

contain used oil or do not dispense 

product through a metered dispenser. 

Suspected releases must be reported to 

the Secretary when the monitoring 

indicates a release has occurred 

according to specified criteria. 

The owner of any existing flexible 

thermoplastic piping that is ten years 

old or older and does not meet the 

standards established by Underwriters 

Laboratories Standard 971–2005: 

‘‘Standard for Nonmetallic Underground 

Piping for Flammable Liquids,’’ shall 

conduct a visual inspection of that 

piping at least annually. The results of 

that inspection shall be reported and 

submitted to the Secretary within 30 

days of completing the inspection. 

Copies of each passing annual 

automatic line leak detector test report 

must be sent to the Secretary within 30 

days of the date of the test. 

Within 90 days of completing a repair 

of any cathodically-protected tank, the 

permittee or tank owner shall test the 

cathodic protection system. 

The results of each walkthrough 

inspection report which shall be 

maintained at the facility or a facility 

corporate office within the State of 

Vermont for a period of at least three 

years. 

Permittees shall annually inspect each 

underground storage tank system, 

except for fuel oil storage tanks used for 

on-premises heating purposes or farm or 

residential tanks used for storing motor 

fuel, for compliance with these rules 

and shall self-certify the results of that 

inspection on specified certification 

forms, to the Secretary no later than 

December 31 of each year. 

Walkthrough inspections will include 

visually examining tank pads for stains 

or other indications of a spill or leak in 

a sump or other tank-top appurtenance. 

Dispensers, dispensing islands, and 

fueling pads shall be visually examined 

for stains or other indications of a spill 

or leak in a dispenser. 

Walkthrough inspections of unstaffed 

facilities shall be conducted weekly, 

except that the inner workings of 

dispensers can be examined monthly. 

Failed results of sump, spill 

containment, and overfill protection test 

results must be immediately reported to 

the Secretary. Permittees shall submit to 

the Secretary passing test results and a 

summary of any actions taken within 30 

days of the completion of the tests. 

If an UST system is out of service for 

90 days or less, owners/permittees must 

notify the Secretary that the tank system 

is out-of-service; ensure the liquid level 

has been lowered to or below the lowest 

draw-off point, ensure that vent lines 

are left open and functioning, that all 

other lines, gauge openings, manways, 

pumps and other ancillary equipment 

are capped or secured to prevent 

unauthorized use or access; indicate by 

signage to notify customers and 

suppliers that the system is out-ofservice; and secure the fill pipe to 

prevent a carrier from adding regulated 

substance to the tank system. In 

addition to these requirements, owners/ 

permittees must ensure that the tank is 

empty if taken out of service for greater 

than 90 days. 

Single-walled tanks and pressurized 

single-walled piping must be closed by 

January 1, 2016. Combination systems 

(single-wall unlined tanks, with either 

double wall pressurized piping or 

intrinsically safe single-wall suction 

piping) must be removed by January 1, 

2018. Lined single wall tanks with 

double-wall pressurized piping must 

cease operation 10 years after lining, 

except that if an internal inspection is 

conducted and the lining is still in good 

condition and no leak has occurred, 

owners can request a five-year 

extension, after which the tank must be 

closed, even if the lining is still good. 

Damaged lining cannot be repaired. 

No person shall line a single-wall tank 

or combination tank system after 

January 1, 2014. 

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 

Vermont’s UST program? 

EPA incorporated by reference the 

Vermont DEC approved UST program 

effective November 13, 1995 (60 FR 

47300; September 12, 1995). In this 

document, EPA is revising 40 CFR 

282.95 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 Vermont 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 Vermont’s 

approved UST program. The 

codification reflects the State program 

that would be in effect at the time EPA’s 

approved revisions to the Vermont UST 

program addressed in this direct final 

rule become final. The document 

incorporates by reference Vermont’s 

UST statutes and regulations and 

clarifies which of these provisions are 

included in the approved and federally 

enforceable program. By codifying the 

approved Vermont program and by 

amending the CFR, the public will more 

easily be able to discern the status of the 

federally-approved requirements of the 

Vermont program. 

EPA is incorporating by reference the 

Vermont approved UST program in 40 

CFR 282.95. Section 282.95(d)(1)(i)(A) 

incorporates by reference for 

enforcement purposes the State’s 

statutes and regulations. 

Section 282.95 also references the 

Attorney General’s Statement, 

Demonstration of Adequate 

Enforcement Procedures, the Program 

Description, and the Memorandum of 


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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 Vermont’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 Vermont 

procedural and enforcement authorities. 

Section 282.95(d)(1)(ii) of 40 CFR lists 

those approved Vermont 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 

282.95(d)(1)(iii) lists for reference and 

clarity the Vermont 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. 

III. Statutory and Executive Order 

Reviews 

This action only applies to Vermont’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 Vermont’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 


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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. 

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. 

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 paragraphs (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) 918–1303. 

* * * * * 

■ 3. Revise § 282.95 to read as follows: 

§ 282.95 Vermont State-Administered 

Program. 

(a) The State of Vermont 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 

Vermont Department of Environmental 

Conservation (VT DEC), was approved 

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

40 CFR part 281. EPA approved the 

Vermont program on January 3, 1992, 

which was effective on February 3, 

1992. 

(b) Vermont 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, 

Vermont 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 

Vermont 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) Vermont has final approval for the 

following elements of its program 

application originally submitted to EPA 

and approved effective February 3, 

1992, 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 Vermont 

regulations and statutes that are 

incorporated by reference in this 

paragraph from Ted Unkles, UST 

Program Manager, Vermont Department 

of Environment Conservation, 1 

National Life Drive; Davis 1 Montpelier 

VT 05620–3704; Phone number: 802– 

522–0488; ted.unkles@vermont.gov; 

Hours: Monday to Friday, 8:00 a.m. to 

4:30 p.m.; link to statutes and 

regulations: https://

legislature.vermont.gov/statutes/ 

chapter/10/059; https://

legislature.vermont.gov/statutes/ 

chapter/10/159; https://

dec.vermont.gov/sites/dec/files/wmp/ 

UST/UST-Rules.pdf; https://

dec.vermont.gov/sites/dec/files/wmp/ 

Sites/0706.IRULE_.pdf. 

(A) EPA-Approved Vermont Statutory 

and Regulatory Requirements 

Applicable to the Underground Storage 

Tank Program, October 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) Title 10 Vermont Statutes 

Annotated, Chapter 201, Administrative 

Environmental Law Enforcement; 

Sections 8001, 8002, 8003(a)(8) and 

(a)(12), 8004 through 8008, 8009 

through 8016, 8019 through 8021. 

(2) Title 10 Vermont Statutes 

Annotated, Chapter 59, Underground 

and Aboveground Liquid Storage Tanks, 

Sections 1931 through 1935. 


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(3) Title 10 Vermont Statutes 

Annotated, Chapter 159, Waste 

Management, Sections 6609, 6610a, and 

6612, 6615c, 6615d. 

(B) The regulatory provisions include: 

(1) Code of Vermont Regulations, 

Chapter 20, Environmental 

Administrative Penalty Rules. 

(2) Code of Vermont Regulations, 

Chapter 25, Environmental Citations. 

(3) Code of Vermont Rules, 12–032– 

004. Chapter 8—Vermont Underground 

Storage Tank Rules, Section 8–502(d). 

(iii) Provisions not incorporated by 

reference. The following specifically 

identified statutory and regulatory 

provisions applicable to the Vermont’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) Title 10 Vermont Statutes 

Annotated, Chapter 59, Underground 

and Aboveground Liquid Storage Tanks, 

Subchapter 1: Underground Storage 

Tank Regulation. Section 1925, Notice 

in land records; Section 1927. 

Regulation of category one tanks, 

1927(a), 1927(d); Section 1929. 

Regulation of large heating oil tanks; 

Section 1929a. Standards for 

aboveground storage tanks; Section 

1929b. Regulation of heating oil tanks at 

public buildings; Section 1930. 

Implementation; coordination, Section 

1930(b) and (c); Section 1936. Licensure 

of tank inspectors; Subchapter 2: 

Underground Storage Tank Assistance 

Program. Sections 1938 through 1944; 

Title 10 Vermont Statutes Annotated, 

Chapter 159, Waste Management, 

Subchapter 1: General Provisions, 

except Sections 6601, 6602(16)(A)(i), (ii) 

and (iv), 6615, 6615a, 6615b, 6616, and 

6617. 

(B) Code of Vermont Rules, 12–032– 

004. Chapter 8—Vermont Underground 

Storage Tank Rules, Subchapter 1: 

General Provisions, Section 8–102. 

Purpose and Applicability, as it applies 

to ‘‘install, remove, repair, or test;’’ 

Section 8–103. Release Prohibition, 

Reporting, Emergency Response, the 

wording in 8–103(b), ‘‘owner of the land 

on which the underground storage tank 

system is located, transporter of fuel, 

etc.’’ as it applies to any person being 

responsible for immediately reporting a 

release, and 8–103(g); Section 8–106. 

Fees; Section 8–107. Severability; 

Section 8–108. Variances; Section 8– 

109. Transfer of Ownership, Operation; 

Permits, Notification of Rules, Section 

8–109(a); Subchapter 3: Registration 

(Notification), Permits, and Operator 

Training, Section 8–301. Applicability, 

8–301(a)(1)(A), (a)(1)(B), (a)(2)(B), 8– 

301(b)(2), 8–301(c); Section 8–302. 

Registration, 8–302(a)(1)(C) and 8– 

302(c); Section 8–303, Permits for 

Category One Underground Storage 

Tank Systems, except 8–303(f); Section 

8–304. Recording Underground Storage 

Tank Systems in Municipal Land 

Records; Subchapter 4: Design, 

Manufacturing, And Installation 

Standards for Underground Storage 

Tank Systems, Section 8–402. 

Prohibitions, 8–402(a) and (b); Section 

8–405. Piping Standards, 8–405(b), 

(d)(2), and (e); Section 8–406. Spill 

Containment & Overfill Prevention 

Measures and Equipment, 8–406(c) and 

(d); Section 8–407. Scheduling 

Installations of Underground Storage 

Tank Systems, 8–407(a)(1); Subchapter 

5: Operating Standards for Underground 

Storage Tanks, Section 8–503. Spill and 

Overfill Prevention; Monitoring of 

Deliveries, 8–503(a) and (b); Section 8– 

506. Release Detection Requirements for 

Tanks, 8–506(c)(1)(F); Section 8–508. 

Underground Storage Tank System 

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

508(g); Section 8–511. Testing of 

Sumps, Spill Containment, and Overfill 

Prevention Devices, 8–511(c); 

Subchapter 6: Out-Of-Service, 

Continued Use, And Closure Standards 

for Underground Storage Tank Systems, 

Section 8–601. Applicability, 8–601(c) 

and (d); Section 8–604. Closure of 

Underground Storage Tank Systems, the 

words ‘‘or three’’ in 8–604(g) as it 

applies to category three systems, 8– 

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

the Secretary’s issuance of an amended 

permit; Code of Vermont Rules 12–032– 

008. Chapter 35—Investigation and 

Remediation of Contaminated 

Properties Rule, Subchapter 1: General 

Provisions, Section 35–103. 

Severability; Section 35–107. Historical 

Fill Exemption; Subchapter 5: Response 

Actions; Releases of Heating Fuels; 

Subchapter 8: Contaminated Soil, 

Section 35–805. Development Soils; 

Subchapter 11. Requests for 

Reimbursement for Municipal Water 

Line Extensions from the Petroleum 

Cleanup or Environmental Contingency 

Funds; and other provisions of Chapter 

35, insofar as they do not relate to 

underground storage tanks and with 

respect to underground storage tanks 

insofar as they are broader in scope than 

the federal requirements. 

(2) Statement of legal authority. The 

Attorney General’s Statements, signed 

by the Attorney General of Vermont on 

April 11, 1991, and October 30, 2020, 

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 May 

1991, and as part of the program 

revision application for approval on 

December 22, 2020, 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 May 1991, and as part of 

the program revision application on 

December 22, 2020, 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 Vermont 

Department of Environmental 

Conservation, signed by the EPA 

Regional Administrator on October 10, 

2018, though not incorporated by 

reference, is referenced as part of the 

approved underground storage tank 

program under Subtitle I of RCRA, 42 

U.S.C. 6991 et seq. 

■ 4. Appendix A to part 282 is amended 

by revising the entry for Vermont to 

read as follows: 

Appendix A to Part 282—State 

Requirements Incorporated by 

Reference in Part 282 of the Code of 

Federal Regulations 

* * * * * 

Vermont 

(a) The statutory provisions include: 

1. Title 10 Vermont Statutes Annotated, 

Chapter 59, Underground and Aboveground 

Liquid Storage Tanks 

Section 1921. Purpose; Section 1922. 

Definitions; Section 1923. Notice of new or 

existing underground storage tanks; Section 

1924. Integrity report; Section 1926. Unused 

and abandoned tanks; Section 1927. 

Regulation of category one tanks, except (a) 

and (d); Section 1928. Regulation of farm and 

residential large motor fuel tanks; Section 

1930. Implementation; coordination, except 

(b) and (c). 

2. Title 10 Vermont Statutes Annotated, 

Chapter 159, Waste Management 

Section 6602. Definitions, 6602(1), (6), 

(16)(A)(i), (ii) and (iv), (17), (23), (34); Section 

6615. Liability, 6615(g); Section 6615a. 

Diligent and appropriate investigation for 

hazardous materials; Section 6615b. 

Corrective action procedures; Section 6616. 

Release prohibition; Section 6617. Person 

responsible for release; notice to Agency. 

(b) The regulatory provisions include: 


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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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