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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42090 Federal Register / Vol. 87, No. 134 / Thursday, July 14, 2022 / Rules and Regulations 

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. 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. If you need 

assistance in a language other than 

English, or you are a person with 

disabilities who needs a reasonable 

accommodation at no cost to you, please 

reach out to the EPA contact person by 

email or phone. 

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. Publicly available 

materials are available electronically 

through https://www.regulations.gov. 

FOR FURTHER INFORMATION CONTACT: 

Diashinae Cato, (215) 814–2738, 

cato.diashinae@epa.gov, RCRA 

Programs Branch; Land, Chemicals, and 

Redevelopment Division; EPA Region 3, 

Four Penn Center, 1600 John F. 

Kennedy Blvd. (Mailcode 3LD30), 

Philadelphia, PA 19103–2852. 

SUPPLEMENTARY INFORMATION: 

I. Approval of Revisions to Delaware’s 

Underground Storage Tank Program 

A. Why are revisions to state programs 

necessary? 

Section 9004 of RCRA authorizes EPA 

to approve state underground storage 

tank (UST) programs to operate in lieu 

of the Federal UST program. EPA may 

approve a state program if the state 

demonstrates, pursuant to section 

9004(a), 42 U.S.C. 6991c(a), that the 

state program includes the elements set 

forth at section 9004(a)(1) through (9), 

42 U.S.C. 6991c(a)(1) through (9), and 

provides for adequate enforcement of 

compliance with UST standards (section 

9004(a), 42 U.S.C. 6991c(a)). 

Additionally, EPA must find, pursuant 

to section 9004(b), 42 U.S.C. 6991c(b), 

that the state program is ‘‘no less 

stringent’’ than the Federal program in 

the elements set forth at section 

9004(a)(1) through (7), 42 U.S.C. 

6991c(a)(1) through (7). States such as 

Delaware that have received final UST 

program approval from EPA under 

section 9004 of RCRA must, in order to 

retain such approval, revise their 

approved programs when the 

controlling Federal or state statutory or 

regulatory authority is changed and EPA 

determines a revision is required. In 

2015, EPA revised the Federal UST 

regulations and determined that states 

must revise their UST programs 

accordingly. 

B. What decisions has EPA made in this 

rule? 

On November 22, 2021, in accordance 

with 40 CFR 281.51, Delaware 

submitted a complete program revision 

application seeking EPA approval for its 

UST program revisions (State 

Application). Delaware’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. As required 

by 40 CFR 281.20, the State Application 

contains the following: a transmittal 

letter requesting program 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 EPA and the 

implementing agency; an Attorney 

General’s statement in accordance with 

40 CFR 281.24 certifying to applicable 

State authorities; and copies of all 

relevant State statutes and regulations. 

EPA has reviewed the State Application 

and determined that the revisions to 

Delaware’s UST program are no less 

stringent than the corresponding 

Federal requirements in subpart C of 40 

CFR part 281, and that Delaware’s 

program provides for adequate 

enforcement of compliance (40 CFR 

281.11(b)). Therefore, EPA grants 

Delaware final approval to operate its 

UST program with the changes 

described in the State Application, and 

as outlined below in section I.G. of this 

preamble. 

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 Delaware, 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 concurrently with a proposed 

rulemaking because EPA views this as a 

noncontroversial action and anticipates 

no significant negative comment. EPA is 

providing an opportunity for public 

comment now. 

E. What happens if EPA receives 

comments that oppose this action? 

Along with this direct final rule, 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 significant negative comments 

that oppose this approval, EPA will 

publish a timely withdrawal in the 

Federal Register informing the public 

that the rule will not take effect. EPA 

will not make any further decision on 

the approval of the State program 

changes until it considers any 

significant negative comment received 

during the comment period. EPA will 

address any significant negative 

comment 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 Delaware previously 

been approved? 

On September 27, 1996, the EPA 

finalized a rule approving Delaware’s 

UST program, effective October 28, 1996 

(61 FR 50720), to operate in lieu of the 

Federal program. EPA has not codified 

Delaware’s approved program prior to 

this action. 

G. What changes is EPA approving with 

this action? 

On November 22, 2021, in accordance 

with 40 CFR 281.51, Delaware 

submitted a complete application for 

final approval of its UST program 

revisions adopted on December 12, 

2019, effective January 11, 2020, and 

then amended on January 4, 2021, 

effective February 21, 2021. EPA has 

reviewed Delaware’s UST program 

requirements and determined that such 

requirements are no less stringent than 

the Federal regulations and that the 

criteria set forth in 40 CFR part 281 

subpart C are met. As part of the State 

Application, the Attorney General for 

Delaware certified that the laws and 

regulations of Delaware provide 

adequate authority to carry out a 

program that is ‘‘no less stringent’’ than 

the Federal requirements in 40 CFR part 

281. EPA is relying on this certification 

in addition to the analysis submitted by 


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Delaware in making our determination. 

EPA now makes an immediate final 

decision, subject to receipt of any 

significant negative written comments 

that oppose this action, that Delaware’s 

UST program revisions satisfy all of the 

requirements necessary to qualify for 

final approval. Therefore, EPA grants 

Delaware final approval for the 

following program changes: 

Required Federal element Implementing State authority 

40 CFR 281.30, New UST Systems and Notification.7 Del. Admin. Code 1351 Part A §§ 1.3, 4.1.1, 4.4, 4.6.2, Part B §§ 1.1, 1.3, 1.4, 1.6–1.9, 

1.19.2, 1.22, 1.21, 1.25, 1.26, 2.1, 2.22, 2.23, Part D §§ 1.1, 1.3, 1.4, 1.6–1.8, 1.9.2, 1.19.2, 

1.21, 1.22, 1.25, 1.26, Part H §§ 1.1.2.1, 1.1.2.2, 2.1.1, 2.2.3, Part I §§ 1.1.2.1, 1.1.2.2, 

2.2.3. 

40 CFR 281.31, Upgrading Existing UST Systems.7 Del. Admin. Code 1351 Part B §§ 2.15.1, 2.22–2.25, 2.27.1, 2.29.1, 2.34, Part D § 1, Part H 

§§ 1.1.1, 2.2, Part I §§ 1.1.1, 2.2 

40 CFR 281.32, General Operating Requirements.7 Del. Admin. Code 1351 Part A §§ 1.3.1.3, 5.1, 13.0, Part B §§ 1.1.2, 1.21, 1.22, 1.24, 1.25, 

1.28, 1.29.6, 1.29.7, 1.31, 2.1.1, 2.1.2, 2.22, 2.23, 2.25, 2.26, 2.29, 2.30.6, 2.30.7, 2.32, Part 

D §§ 1.1.2, 1.21, 1.22, 1.24, 1.25, 1.28, 1.29, Part H §§ 1.1.2.2, 2.2, 2.3, Part I §§ 1.1.2.2., 

2.2, 2.3. 

40 CFR 281.33, Release Detection ................... 7 Del. Admin. Code 1351 Part B §§ 1.9.1, 1.9.2, 1.9.4.5, 1.9.5.2, 1.17–1.20, 2.9.1, 2.9.2, 

2.9.4.5, 2.9.5.2, 2.18–2.21, Part D §§ 1.9, 1.18–1.20, Part H § 2.4, Part I § 2.4. 

40 CFR 281.34, Release Reporting, Investigation, and Confirmation.7 Del. Admin. Code 1351 Part E §§ 1.0, 2.0, 4.0. 

40 CFR 281.35, Release Response and Corrective Action.7 Del. Admin. Code 1351 Part E §§ 1.6, 3.2, 3.3, 4.0, 5.1–5.6. 

40 CFR 281.36, Out-of-service Systems and 

Closure.

7 Del. Admin. Code 1351 Part A §§ 4.1.6, 4.8, Part B §§ 3.1, 3.2.1–3.2.4, 3.4.1, 3.4.2.7, 4.2, 

4.6, 6.2, Part D 2.1, 2.2, 2.4.1, 3.6, 5.2, Part E, Part H § 2.5, Part I § 2.5. 

40 CFR 281.37, Financial Responsibility for 

USTs Containing Petroleum.

7 Del. Admin. Code 1351 Part F §§ 1.1.6–1.1.8, 1.3.1, 1.3.2, 2.0. 

40 CFR 281.38, Lender Liability ......................... 7 Del. Admin. Code 1351 Part A § 2.0. 

40 CFR 281.39, Operator Training ..................... 7 Del. Admin. Code 1351 Part A § 10.0. 

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. 

Delaware’s lead implementing agency, 

the Department of Natural Resources 

and Environmental Control (DNREC), 

has broad statutory and regulatory 

authority with respect to USTs to 

regulate installation, operation, 

maintenance, closure and UST releases, 

and to issue orders. The statutory and 

regulatory authority is found in the 

Delaware Code (Del. C.) at Title 7, 

Chapter 60, Sections 6001–6039 and 

Chapter 74, Sections 7401–7425 and in 

the Delaware Administrative Code (Del. 

Admin. Code) Title 7, Chapter 1351. 

H. Where are the revised rules different 

from the Federal rules? 

Broader in Scope Provisions 

Where an approved state program has 

a greater scope of coverage than 

required by Federal law, the additional 

coverage is not part of the federallyapproved program and is not federally 

enforceable (40 CFR 281.12(a)(3)(ii)). 

The following Delaware requirements 

are considered ‘‘broader in scope’’ than 

the Federal program: 

• Delaware charges fees for UST 

registration. 7 Del. Code §§ 7409(c), 

7418, 7 Del. Admin. Code 1351–A– 

4.1.4, –4.2. 

• Delaware regulates agricultural and 

residential USTs of 1,100 gallons or less 

used for storing motor fuel for 

noncommercial purposes. 7 Del. Code 

§ 7404(1), 7 Del. Admin. Code 1351–A– 

1.2.1.1. Such USTs are excluded from 

the Federal definition of UST. 

• Delaware regulates UST systems 

holding Solid Waste Disposal Act 

Subtitle C hazardous wastes or a 

mixture of such hazardous wastes and 

other regulated substances, wastewater 

treatment tank systems that are part of 

a wastewater treatment facility regulated 

under section 402 or 307(b) of the Clean 

Water Act, 42 U.S.C. 1342 and 1317(b), 

equipment and machinery that contain 

regulated substances for operational 

purposes such as hydraulic lift tanks 

and electrical equipment tanks, UST 

systems whose capacity is 110 gallons 

or less, and any emergency spill or 

overflow containment UST systems that 

are expeditiously emptied after use. 7 

Del. Admin. Code 1351–A–1.2.1.3 to .7. 

Such tanks and tank systems are 

excluded from the requirements of the 

Federal regulations. 

• Delaware does not explicitly 

exempt from regulation UST systems 

that contain de minimis concentrations 

of regulated substances as it does for 

other tanks at 7 Del. Admin. Code 1351– 

A–1.2.1. 

• Delaware has a licensure/ 

certification program for various UST 

handling activities and requires the use 

of certified persons for certain UST 

handling activities (the requirement to 

use a certified person for installation is 

not considered broader in scope). 7 Del. 

Code § 7425, 7 Del. Admin. Code 1351 

Part G, see also 1351–A–11.0. 

• Delaware regulates a broader class 

of persons than owners or operators of 

USTs. Specifically, Delaware applies 

release investigation, response, and 

corrective action requirements to a 

‘‘responsible party’’ or ‘‘person,’’ and 

certain spill and overfill prevention 

requirements to a ‘‘person.’’ 7 Del. Code 

§§ 7401, 7402, 7406(a)–(d), (e) 

introductory paragraph, 7 Del. Admin. 

Code 1351–A–2.0, 1351–B–1.21.1, 

–1.22.1 and .2, –1.29.7.1, –2.22.1, 

–2.23.1 and .2, –2.30.7.1, 1351–D– 

1.21.1, –1.22.1 and .2, 1351–E–1.2, –1.3, 

–2.1, –2.2, –2.4, –3.2, –3.3, –4.0, –5.0, 

–6.0. 

• Delaware regulates substances not 

regulated under the Federal program. 

Definition of ‘‘regulated substance’’ at 7 

Del. Admin. Code 1351–A–2.0. 

• Delaware regulates USTs that 

contain heating fuel for consumptive 

use on the premises where stored. 7 Del. 

Code §§ 7404(2), 7405(a)(2) and (3), 7 

Del. Admin. Code 1351 Part C, see also 

A–1.2.1.2, –4.5.2, –4.6.2, –10.1.1, –11.0, 

–12.0, 1351–E–6.2.3, 1351–H–1.1.2.2, 

1351–I–1.1.2.2. Such USTs are excluded 

from the Federal definition of UST. 

• Delaware’s definition of 

‘‘consumptive use’’ is limited to 

activities that do not result in monetary 

gain. 7 Del. Admin. Code 1351–A–2.0. 

• Delaware requires all appropriate 

inquiry during the purchase of 

residential property. 7 Del. Admin. 

Code 1351–E–7.0. 

• Delaware requires owners and 

operators to follow Occupational Safety 

and Health Administration (OSHA) 


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standards and certain OSHA permitting 

requirements. 7 Del. Admin. Code 

1351–A–3.1.10, –3.3.8, 1351–B–1.3.2.4, 

–4.2.1.3, –5.2.1.3, 1351–D–1.3.2.4, 

–3.2.1.3, –4.2.1.3. 

• Delaware requires DNREC to 

approve or deny construction work 

within fourteen days of receipt of 

construction plans and notification form 

for repairs, retrofits, or upgrades that 

require post-construction testing or site 

assessment. 7 Del. Admin. Code 1351– 

A–4.7.1 and .2. 

• Delaware requires the posting of 

permits to be kept at the UST site during 

construction. 7 Del. Admin. Code 1351– 

A–4.9.1. 

• Delaware imposes requirements on 

dispenser system hoses such as 

maximum dispenser hose lengths. 7 Del. 

Admin. Code 1351–B–1.1.8, –2.1.8. 

In accordance with 40 CFR 

281.12(a)(3)(ii), the additional coverage 

listed above is not part of the federallyapproved program and is not federally 

enforceable. 

II. Codification 

A. What is codification? 

Codification is the process of placing 

a state’s statutes and regulations that 

comprise the state’s approved program 

into the Code of Federal Regulations 

(CFR). Section 9004(b) of RCRA, as 

amended, allows EPA to approve state 

UST programs to operate in lieu of the 

Federal program. EPA codifies its 

authorization of state programs in 40 

CFR part 282 and incorporates by 

reference state statutes and regulations 

that EPA will enforce under sections 

9005 and 9006 of RCRA and any other 

applicable statutory 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 

Delaware’s UST program? 

EPA has not previously incorporated 

by reference Delaware’s UST program. 

In this document, EPA is amending 40 

CFR 282.57 to include the approved 

revised program. 

C. What codification decisions has EPA 

made in this rule? 

Incorporation by reference: In this 

rule, EPA is finalizing regulatory text 

that includes incorporation by 

reference. In accordance with the 

requirements of 1 CFR 51.5, EPA is 

finalizing the incorporation by reference 

of Delaware statutes and regulations 

described in section I.G. of this 

preamble except for any requirements 

that are broader in scope or serve as 

state enforcement authority. The 

specific requirements to be incorporated 

are set forth below in the amendments 

to 40 CFR part 282. EPA has made, and 

will continue to make, these documents 

generally available through https://

www.regulations.gov and at the EPA 

Region 3 office (see the FOR FURTHER

INFORMATION CONTACT section of this 

preamble for more information). 

One purpose of this rule is to codify 

Delaware’s approved UST program. The 

codification reflects the State program 

that will be in effect at the time EPA’s 

approved revisions to Delaware’s UST 

program addressed in this direct final 

rule become final. If, however, EPA 

receives any significant negative 

comment opposing the proposed 

rulemaking then this codification will 

not take effect, and the State rules that 

are approved after EPA considers public 

comment will be codified instead. This 

rule incorporates by reference 

Delaware’s UST statutes and regulations 

and clarifies which of these provisions 

are included in the approved and 

federally-enforceable program. By 

codifying the approved Delaware 

program and by amending the CFR, the 

public will more easily be able to 

discern the status of the federallyapproved requirements of the Delaware 

program. 

EPA is incorporating by reference the 

Delaware approved UST program in 40 

CFR 282.57. Section 282.57(d)(1)(i)(A) 

and (B) incorporates by reference for 

enforcement purposes the State’s 

statutes and regulations. 

Section 282.57 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 Delaware’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. 

If EPA determines it will take such 

actions in Delaware, EPA will rely on 

Federal sanctions, Federal inspection 

authorities, and Federal procedures 

rather than the State’s authorized 

analogs to these provisions. Therefore, 

EPA is not incorporating by reference 

such approved Delaware’s procedural 

and enforcement authorities. Section 

282.57(d)(1)(ii) of 40 CFR lists those 

approved Delaware 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 federallyapproved State program. Such 

provisions are not part of the RCRA 

Subtitle I program because they are 

‘‘broader in scope’’ than Subtitle I of 

RCRA. 40 CFR 281.12(a)(3)(ii) states that 

where an approved state program has a 

greater scope of coverage than required 

by Federal law, the additional coverage 

is not a part of the federally-approved 

program. As a result, State provisions 

that are ‘‘broader in scope’’ than the 

Federal program are not incorporated by 

reference for purposes of enforcement in 

part 282. Section 282.57(d)(1)(iii) lists 

for reference and clarity Delaware’s 

statutory and regulatory provisions that 

are ‘‘broader in scope’’ than the Federal 

program and which are not, therefore, 

part of the approved program being 

codified in this action. 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 Delaware’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 Order 

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. 


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Federal Register / Vol. 87, No. 134 / Thursday, July 14, 2022 / Rules and Regulations 42093 

B. 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). Currently there 

are no federally recognized tribes in 

Delaware. 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). 

C. 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. 

D. Executive Order 13045: Protection 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. 

E. 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. 

F. 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. 

G. 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. 

H. 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. 

I. 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). 

J. 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. EPA 

believes that this action does not have 

disproportionately high and adverse 

human health or environmental effects 

on minority populations, low-income 

populations and/or indigenous peoples, 

because it approves pre-existing State 

rules that are no less stringent than 

existing Federal requirements, and 

imposes no additional requirements 

beyond those imposed by State law. For 

these reasons, this rule is not subject to 

Executive Order 12898. 

K. 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 section 9004 of the Solid Waste 

Disposal Act of 1965, as amended, 42 U.S.C. 

6991c. 

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, Oil pollution, Penalties, 

Petroleum, Reporting and recordkeeping 

requirements, State program approval, 

Surety bonds, Underground storage 

tanks, Water pollution control, Water 

supply. 

Adam Ortiz, 

Regional Administrator, EPA Region 3. 

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 in paragraph (b) 

introductory text and paragraph (b)(3) 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. * * * 

(3) Region 3 (Delaware, District of 

Columbia, Maryland, Pennsylvania, 

Virginia, West Virginia): Four Penn 


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42094 Federal Register / Vol. 87, No. 134 / Thursday, July 14, 2022 / Rules and Regulations 

Center, 1600 John F. Kennedy Blvd., 

Philadelphia, PA 19103–2852; Phone 

Number: (215) 814–2738. 

* * * * * 

■ 3. Add § 282.57 to read as follows: 

§ 282.57 Delaware State-Administered 

Program. 

(a) Delaware 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 Delaware’s 

Department of Natural Resources and 

Environmental Control, was approved 

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

40 CFR part 281 of this chapter. EPA 

approved the Delaware underground 

storage tank program on September 27, 

1996, and approval was effective on 

October 28, 1996. A subsequent program 

revision application was approved by 

EPA and became effective on September 

12, 2022. 

(b) Delaware 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, regardless of whether 

the State has taken its own actions, as 

well as under any other applicable 

statutory and regulatory provisions. 

(c) To retain program approval, 

Delaware 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 

Delaware 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 notice of any change 

will be published in the Federal 

Register. 

(d) Delaware has final approval for the 

following elements of its program 

application originally submitted to EPA 

and approved on September 27, 1996, 

and effective October 28, 1996, and the 

program revision application approved 

by EPA, effective on September 12, 

2022. 

(1) State statutes and regulations—(i) 

Incorporation by reference. The 

provisions cited in this paragraph, and 

listed in Appendix A to Part 282, with 

the exception of the provisions cited in 

paragraphs (d)(1)(ii) and (iii) of this 

section, are incorporated by reference as 

part of the approved underground 

storage tank program in accordance with 

Subtitle I of RCRA, 42 U.S.C. 6991 et 

seq. The Director of the Federal Register 

approves this incorporation by reference 

in accordance with 5 U.S.C. 552(a) and 

1 CFR part 51. You may obtain copies 

of Delaware’s regulations and statutes 

that are incorporated by reference in 

this paragraph from DNREC Tanks 

Compliance Branch, 391 Lukens Sr. 

New Castle, DE 19720 or DNREC W&HS 

Compliance and Permitting Section, 

Richardson and Robbins Building, 89 

Kings Highway, Dover, DE 19901. 

(A) Delaware Statutory Requirements 

Applicable to the Underground Storage 

Tank Program, July 2019. 

(B) Delaware Regulatory 

Requirements Applicable to the 

Underground Storage Tank Program, 

February 2021. 

(ii) Legal basis. EPA evaluated the 

following statutes and regulations, 

which are part of the approved program, 

but which are not being incorporated by 

reference for enforcement purposes, and 

do not replace Federal authorities: 

(A) The statutory provisions include: 

(1) Delaware Code, Title 7, Chapter 

60, Sections: 6005; 6008; 6009; 6014; 

6017; 6018; 6024. 

(2) Delaware Code, Title 7, Chapter 

74, Sections: 7406(e)(1)–(3), (f)–(j); 7408; 

7411; 7412; 7419. 

(3) Delaware Code, Title 29, Chapter 

100, Sections: 10001–10007. 

(B) The regulatory provisions include: 

(1) Delaware Administrative Code, 

Title 7, Chapter 1351, Sections A–1.4; 

A–1.6; A–7.0; A–8.1.1; A–8.1.2; A–8.1.4; 

A–9.0; E–3.1. 

(2) Delaware Rules of Court, Superior 

Court Rules of Civil Procedure, Del. 

Super. Ct. Civ. Rule 24 Intervention; 

Court of Chancery Rules, Del. Ct. Ch. 

Rule 24 Intervention. 

(iii) Provisions not incorporated by 

reference. The following statutory and 

regulatory provisions are ‘‘broader in 

scope’’ than the Federal program, are 

not part of the approved program, and 

are not incorporated by reference 

herein. These provisions are not 

federally enforceable: 

(A) Delaware Code, Title 7, Chapter 

74 Underground Storage Tank Act, 

Sections: 7401 insofar as regulates 

persons who are not owners or 

operators; 7402 definition of 

‘‘responsible party’’ insofar as regulates 

persons who are not owners or operators 

of USTs; 7404 insofar as regulates 

agricultural and residential tanks of 

1,100 gallons or less used for storing 

motor fuel for noncommercial purposes 

and tanks containing heating fuel for 

consumptive use on the premises where 

stored; 7405(a)(2) and (3) insofar as 

requires registration of tanks containing 

heating fuel for consumptive use on the 

premises where stored; 7406(a) through 

introductory paragraph of (e) insofar as 

regulates persons who are not owners or 

operators of USTs; 7409(c) insofar as 

requires registration fees; 7418; 7425(a), 

(b), (d), and (e); 7425(c) insofar as the 

use of certified individuals is required 

for activities other than installation and 

insofar as establishes a certification 

program. 

(B) Delaware Administrative Code, 

Title 7, Chapter 1351 Underground 

Storage Tank Systems, Sections: A–1.2.1 

insofar as regulates persons other than 

owners or operators, and insofar as 

regulates agricultural/farm and 

residential UST systems of 1,100 gallons 

or less used for storing motor fuels for 

non-commercial purposes, UST systems 

containing heating fuel of 1,100 gallons 

or less for consumptive use on the 

premises where stored, UST systems 

holding hazardous wastes listed or 

identified under Subtitle C of the SWDA 

or a mixture of such hazardous waste 

and other regulated substances, 

wastewater treatment tank systems that 

are part of a wastewater treatment 

facility regulated under Section 402 or 

307(b) of the Clean Water Act, 

equipment and machinery containing 

regulated substances for operational 

purposes such as hydraulic lift tanks 

and electrical equipment tanks, UST 

systems with a capacity of 110 gallons 

or less, any emergency spill or overflow 

containment system expeditiously 

emptied after use, and insofar as 

provides no exception for USTs 

containing de minimis amounts of 

regulated substances; A–2.0 definition 

of ‘‘consumptive use’’ insofar as the 

term is limited to activities that do not 

result in monetary gain, ‘‘regulated 

substance’’ insofar as includes 

substances not regulated under the 

Federal program, and ‘‘responsible 

party’’ insofar as regulates persons other 

than owners or operators; A–3.1.10; A– 

3.3.8; A–4.1.4 insofar as requires fees; 

A–4.2; A–4.5.2 and –4.6.2 insofar as 

regulates USTs containing heating fuel 

for consumptive use on the premises 

where stored; A–4.7.1 and .2 insofar as 

requires Delaware to approve or deny 

construction work within fourteen days 

of receipt of notification form and 

construction plans; A–4.9.1 insofar as 

requires the posting of permits at the 

UST/construction site; A–10.1.1 insofar 

as regulates USTs containing heating 

fuel for consumptive use on the 

premises where stored; A–11.0 insofar 

as requires the presence of a certified 

individual for activities other than 

installation and insofar as regulates 


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USTs containing heating fuel for 

consumptive use on the premises where 

stored; A–12.0 insofar as regulates USTs 

containing heating fuel for consumptive 

use on the premises where stored; B– 

1.1.8; B–1.3.2.4; B–1.21.1 insofar as 

regulates persons other than owners or 

operators; B–1.22.1 and .2 insofar as 

regulates persons other than owners or 

operators; B–1.29.7.1 insofar as 

regulates persons other than owners or 

operators; B–2.1.8; B–2.22.1 insofar as 

regulates persons other than owners or 

operators; B–2.23.1 and .2 insofar as 

regulates persons other than owners or 

operators; B–2.30.7.1 insofar as 

regulates persons other than owners or 

operators; B–4.2.1.3; B–5.2.1.3; Part C; 

D–1.3.2.4; D–1.21.1 insofar as regulates 

persons other than owners or operators; 

D–1.22.1 and .2 insofar as regulates 

persons other than owners or operators; 

D–3.2.1.3; D–4.2.1.3; E–1.2, –1.3, –2.1, 

–2.2, and –2.4 insofar as regulates 

persons other than owners or operators; 

E–2.3.1 and –2.4.1.1 insofar as regulates 

consumptive use heating fuel UST 

systems for use on the premises; E–3.2, 

–3.3, –4.0, –5.0, and –6.0 insofar as 

regulates persons other than owners or 

operators; E–6.2.3 insofar as regulates 

consumptive use heating fuel UST 

systems for use on the premises; E–7.0; 

Part G; H–1.1.2.2 insofar as regulates 

consumptive use heating fuel UST 

systems for use on the premises; I– 

1.1.2.2 insofar as regulates consumptive 

use heating fuel UST systems for use on 

the premises. 

(2) Statement of legal authority. 

‘‘Attorney General’s Statement’’ signed 

by the Attorney General on October 12, 

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. 

(3) Demonstration of procedures for 

adequate enforcement. The 

‘‘Demonstration of Adequate 

Enforcement Procedures’’ submitted as 

part of the program revision application 

for approval on November 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 program 

revision application for approval on 

November 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 3 and Delaware Department 

of Natural Resources and Environmental 

Control, signed by the EPA Regional 

Administrator on March 22, 2019, 

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. Amend Appendix A to part 282 by 

adding an entry in alphabetical order for 

Delaware to read as follows: 

Appendix A to Part 282—State 

Requirements Incorporated by 

Reference in Part 282 of the Code of 

Federal Regulations 

* * * * * 

Delaware 

(a) The statutory provisions include: 

(1) Code of Delaware, Title 7, Chapter 74, 

Delaware Underground Storage Tank Act 

Section 7401 Declaration of Purpose, except 

as to persons who are not owners or 

operators of USTs 

Section 7402 Definitions, except 

‘‘responsible party’’ as to persons who are 

not owners or operators of USTs 

Section 7403 Referenced standards 

Section 7404 Exemptions, except as to 

agricultural and residential USTs of 1,100 

gallons or less used for storing motor fuel 

for noncommercial purposes and USTs 

containing heating fuel for consumptive 

use on the premises where stored 

Section 7405 Registration by owner, except 

(a)(2) and (3) as to USTs containing 

heating fuel for consumptive use on the 

premises where stored 

Section 7406 Release of substances 

prohibited; correction of substance release; 

Department intervention, except (a) 

through the introductory paragraph of (e) 

as to persons who are not owners or 

operators of USTs; except (e)(1)–(3) and 

(f)–(j) 

Section 7407 Release detection, prevention 

and correction regulations 

Section 7409 Delaware Underground 

Petroleum Storage Tank Response Fund, 

except (c) as to registration fees 

Section 7410 Financial Responsibility 

Section 7413 Variances 

Section 7414 Leaking Underground Storage 

Tank Committee 

Section 7415 Implementation and reporting 

requirements 

Section 7416 Groundwater risk assessment 

Section 7417 Use of Hazardous Substance 

Cleanup Act funding 

Section 7425 Certification of underground 

storage tank contractors, except (a), (b), (d), 

and (e); (c) insofar as requires activities 

other than installation be completed by or 

in the presence of a certified individual 

(2) [Reserved] 

(b) The regulatory provisions include: 

(1) Delaware Administrative Code, Title 7, 

Chapter 1351, Underground Storage Tank 

Systems 

Part A: General Requirements for 

Underground Storage Tank Systems 

Section 1351–A–1.0 General Provisions, 

except 1.2.1 as to persons who are not 

owners or operators of USTs, insofar as 

regulates UST systems not regulated under 

the federal regulations, and insofar as UST 

systems that contain de minimis 

concentrations of regulated substances are 

not explicitly exempt from regulation; 1.4; 

1.6 

Section 1351–A–2.0 Definitions, except 

‘‘consumptive use’’ insofar as the term is 

limited to activities that do not result in 

monetary gain; ‘‘regulated substance’’ 

insofar as includes substances not 

regulated under the federal program; 

‘‘responsible party’’ as to persons who are 

not owners or operators of USTs 

Section 1351–A–3.0 Referenced Standards, 

except 3.1.10; 3.3.8 

Section 1351–A–4.0 Registration and 

Notification Requirements, except 4.1.4 as 

to fees; 4.2; 4.5.2 and 4.6.2 as to USTs 

containing heating fuel for consumptive 

use on the premises where stored; 4.7.1 

and 4.7.2 insofar as they require the 

Department to approve or deny 

construction work within fourteen days of 

receipt of notification form and 

construction plans; 4.9.1 insofar as 

requires permits be kept at the UST/ 

construction site 

Section 1351–A–5.0 Recordkeeping 

Section 1351–A–6.0 Alternative Procedures 

Approval Requirements 

Section 1351–A–8.0 Submittal of 

Confidential Information, except 8.1.1; 

8.1.2; 8.1.4 

Section 1351–A–10.0 Requirements for 

Operator Training, except 10.1.1 as to 

USTs containing heating fuel for 

consumptive use on the premises where 

stored 

Section 1351–A–11.0 Use of Certified 

Contractors, except insofar as requires a 

certified individual to be present for 

activities other than installation, and as to 

USTs containing heating fuel for 

consumptive use on the premises where 

stored 

Section 1351–A–12.0 Request for No 

Further Action Determination, except as to 

USTs containing heating fuel for 

consumptive use on the premises where 

stored 

Section 1351–A–13.0 Additional 

Compatibility Requirements for Regulated 

Substances Containing Ethanol and 

Biodiesel 

Section 1351–A–14.0 Conditions Required 

for Product Piping Slope Exemption 

Part B: Requirements for Installation, 

Operation and Maintenance of Underground 

Storage Tank Systems Storing Regulated 

Substance Excluding Consumptive Use 

Heating Fuel or Hazardous Substance UST 

Systems 

Section 1351–B–1.0 Installation, Operation 

and Maintenance Requirements for UST 

Systems Storing Regulated Substance 

Excluding Consumptive Use Heating Fuel 

or Hazardous Substance Installed on or 

After January 11, 2008, except 1.1.8; 

1.3.2.4; 1.21.1, 1.22.1, 1.22.2, and 1.29.7.1 


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as to persons who are not owners or 

operators of USTs 

Section 1351–B–2.0 Installation, Operation 

and Maintenance Requirements for UST 

Systems Storing Regulated Substance 

Installed Prior to January 11, 2008, 

Excluding Consumptive Use Heating Fuel 

or Hazardous Substance, except 2.1.8; 

2.22.1, 2.23.1, 2.23.2, 2.30.7.1 as to persons 

who are not owners or operators of USTs 

Section 1351–B–3.0 Change in Service 

Requirements for UST Systems Storing 

Regulated Substance Excluding 

Consumptive Use Heating Fuel or 

Hazardous Substance 

Section 1351–B–4.0 Removal or Closure in 

Place Requirements for UST Systems 

Storing Regulated Substance excluding 

Consumptive Use Heating Fuel or 

Hazardous Substance, except 4.2.1.3 

Section 1351–B–5.0 Change In Substance 

Stored Requirements for UST Systems 

Storing Regulated Substance excluding 

Consumptive Use Heating Fuel or 

Hazardous Substance, except 5.2.1.3 

Section 1351–B–6.0 Requirements for 

Empty UST Systems Storing Regulated 

Substance excluding Consumptive Use 

Heating Fuel or Hazardous Substance 

Part D: Requirements for Installation, 

Operation and Maintenance of Underground 

Storage Tank Systems Storing Hazardous 

Substance 

Section 1351–D–1.0 Installation, Operation 

and Maintenance Requirements for UST 

Systems Storing Hazardous Substance, 

except 1.3.2.4; 1.21.1, 1.22.1 and 1.22.2 as 

to persons who are not owners or operators 

of USTs 

Section 1351–D–2.0 Change In Service 

Requirements for UST Systems Storing 

Hazardous Substance 

Section 1351–D–3.0 Removal or Closure in 

Place Requirements for UST Systems 

Storing Hazardous Substance, except 

3.2.1.3 

Section 1351–D–4.0 Change In Substance 

Stored Requirements for UST Systems 

Storing Hazardous Substance, except 

4.2.1.3 

Section 1351–D–5.0 Requirements for 

Empty UST Systems Storing Hazardous 

Substance 

Part E: Requirements for Reporting, Release 

Investigation, Remedial Action and No 

Further Action Determinations for 

Underground Storage Tank Systems 

Section 1351–E–1.0 Reporting 

Requirements, except 1.2 and 1.3 as to 

persons who are not owners or operators of 

USTs 

Section 1351–E–2.0 Indicated Release 

Investigation Requirements, except 2.1, 2.2, 

and 2.4 as to persons who are not owners 

or operators of USTs; 2.3.1 and 2.4.1.1 as 

to USTs containing heating fuel for 

consumptive use on the premises where 

stored 

Section 1351–E–3.0 Release Response 

Requirements, except 3.1; 3.2 and 3.3 as to 

persons who are not owners or operators of 

USTs 

Section 1351–E–4.0 Hydrogeologic 

Investigation Requirements, except as to 

persons who are not owners or operators of 

USTs 

Section 1351–E–5.0 Remedial Action 

Requirements, except as to persons who 

are not owners or operators of USTs 

Section 1351–E–6.0 No Further Action 

Requirements, except as to persons who 

are not owners or operators of USTs; 6.2.3 

as to USTs containing heating fuel for 

consumptive use on the premises where 

stored 

Part F: Financial Responsibility 

Requirements for UST Systems 

Section 1351–F–1.0 Financial 

Responsibility Requirements for UST 

Systems 

Section 1351–F–2.0 Financial 

Responsibility Mechanisms 

Sections 1351–F–3.1 to –3.18 Forms A 

through R 

Part H: Requirements for Installation, 

Operation and Maintenance of FieldConstructed Underground Storage Tank 

Systems 

Section 1351–H–1.0 General Requirements, 

except 1.1.2.2 as to USTs containing 

heating fuel for consumptive use on the 

premises where stored 

Section 1351–H–2.0 Additions, Exceptions, 

and Alternatives for UST systems with 

Field-Constructed Tanks 

Part I: Requirements for Installation, 

Operation and Maintenance of Airport 

Hydrant Fuel Systems 

Section 1351–I–1.0 General Requirements, 

except 1.1.2.2 as to USTs containing 

heating fuel for consumptive use on the 

premises where stored 

Section 1351–I–2.0 Additions, Exceptions, 

and Alternatives for Airport Hydrant Fuel 

Systems 

(2) [Reserved] 

* * * * * 

[FR Doc. 2022–15097 Filed 7–13–22; 8:45 am] 

BILLING CODE 6560–50–P 

DEPARTMENT OF HEALTH AND 

HUMAN SERVICES 

Centers for Medicare & Medicaid 

Services 

42 CFR Part 414 

[CMS–5536–N] 

Medicare Program; MIPS Payment 

Adjustment Exception Applicable for 

Enhancing Oncology Model Monthly 

Enhanced Oncology Services (MEOS) 

Payments 

AGENCY: Centers for Medicare & 

Medicaid Services (CMS), Health and 

Human Services (HHS). 

ACTION: Payment advisory. 

SUMMARY: This advisory is to inform 

potential Enhancing Oncology Model 

(EOM) applicants and participants that 

the Merit-based Incentive Payment 

System (MIPS) payment adjustment 

factors will not apply to Monthly 

Enhanced Oncology Services (MEOS) 

payments in EOM. 

DATES: This action is effective on 

August 15, 2022. 

FOR FURTHER INFORMATION CONTACT: 

Alexandra Chong, (410) 786–8988. 

SUPPLEMENTARY INFORMATION: 

I. Background 

In the calendar year (CY) 2019 

Physician Fee Schedule (PFS) final rule 

(83 FR 59887), we finalized 

amendments to 42 CFR 414.1405(e) 

effective January 1, 2019 such that 

Merit-based Incentive Payment System 

(MIPS) payment adjustment factors 

would apply to Part B payments for 

covered professional services as defined 

in section 1848(k)(3)(A) of the Social 

Security Act (the Act). 

In the CY 2019 PFS final rule, per the 

authority in section 1115A(d)(1) of the 

Act to waive the requirement to apply 

the MIPS payment adjustment factors 

under section 1848(q)(6)(E) of the Act 

and § 414.1405(e) because the waiver is 

necessary solely for purposes of testing 

models that involve such payments, we 

also finalized an exception to 

§ 414.1405(e) at § 414.1405(f), such that 

the MIPS payment adjustment factors do 

not apply to model-specific payments 

that meet all the following conditions: 

• Are made only to participants in a 

model tested under section 1115A of the 

Act. 

• Would otherwise be subject to the 

requirement to apply the MIPS payment 

adjustment factors if the payment is 

made with respect to a MIPS eligible 

clinician participating in a section 

1115A model. 

• Either have a specified payment 

amount or are paid according to a 

methodology for calculating a modelspecific payment that is applied in a 

consistent manner to all model 

participants, such that application of the 

MIPS payment adjustment factors 

would potentially interfere with CMS’s 

ability to effectively evaluate the impact 

of the APM. 

In the CY 2019 PFS final rule, we also 

finalized that we would provide public 

notice of the applicability of this waiver 

for a particular model by: (1) updating 

the Quality Payment Program website 

(www.qpp.cms.gov) when new modelspecific payments subject to this waiver 

are announced; and (2) providing 

notification in the Federal Register to 

update the public on any new modelspecific payments to which this waiver 

will apply. 

The Enhancing Oncology Model 

(EOM) and associated Request for 


jspears on DSK121TN23PROD with RULES1