[Federal Register Volume 87, Number 134 (Thursday, July 14, 2022)]
[Rules and Regulations]
[Pages 42075-42083]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-14981]


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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.

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SUMMARY: Pursuant to the Resource Conservation and Recovery Act (RCRA 
or Act), the Environmental Protection Agency (EPA) is taking direct 
final action to approve revisions to the State of 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: <a href="/cdn-cgi/l/email-protection#197a7660757c3773767877597c6978377e766f"><span class="__cf_email__" data-cfemail="d7b4b8aebbb2f9bdb8b6b997b2a7b6f9b0b8a1">[email protected]</span></a>.
    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, 
<a href="/cdn-cgi/l/email-protection#e685899f8a83c88c898788a6839687c8818990"><span class="__cf_email__" data-cfemail="d8bbb7a1b4bdf6b2b7b9b698bda8b9f6bfb7ae">[email protected]</span></a>.

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

[[Page 42076]]

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       CVR 12-032-004 Chapter 8-302; 8-
 Notification.                            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    CVR 12-032-004 Chapter 8-404; 8-
 Systems.                                 405; 8-406; 8-410; 8-512.
40 CFR 281.32, General Operating         CVR 12-032-004 Chapter 8-
 Requirements.                            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,        CVR 12-032-004 Chapter 8-103(a)
 Investigation, and Confirmation.         through (e).
40 CFR 281.35, Release Response and      CVR 12-032-004 Chapter 8-
 Corrective Action.                       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    CVR 12-032-004 Chapter 8-
 and Closure.                             602(a), (b)(1) through (4),
                                          (6);8-604.
40 CFR 281.37, Financial Responsibility  CVR 12-032-004 Chapter 8-
 for USTs Containing Petroleum.           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     CVR 12-032-004 Chapter 8-
 Compliance Monitoring.                   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     10 VSA 1927(d); 10 VSA 1932; 10
 Enforcement Response.                    VSA 1934; 10 VSA 1935; 10 VSA
                                          8007; 10 VSA 8008; 10 VSA
                                          8009; 10 VSA 8010.
40 CFR 281.42, Public Participation in   10 VSA 8007(c); 10 VSA 8020;
 Enforcement Proceedings.                 VRCP 24.
------------------------------------------------------------------------


[[Page 42077]]

    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 on-premises 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 on-premises 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, non-community (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

[[Page 42078]]

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 solenoid-operated 
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 pump-out 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

[[Page 42079]]

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 on-premises 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-of-service; 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

[[Page 42080]]

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

[[Page 42081]]

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

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

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


0
2. Amend Sec.  282.2 by revising the second sentence of paragraphs (b) 
introductory text and paragraph (b)(1) to read as follows:


Sec.  282.2   Incorporation by reference.

* * * * *
    (b) * * * For information on the availability of this material at 
NARA, email: <a href="/cdn-cgi/l/email-protection#395f4b1750574a495c5a4d5056577957584b58175e564f"><span class="__cf_email__" data-cfemail="a6c0d488cfc8d5d6c3c5d2cfc9c8e6c8c7d4c788c1c9d0">[email protected]</span></a>, or go to: www.archives.gov/federal-register/cfr/ibr-locations.html. * * *
    (1) Region 1 (Connecticut, Maine, Massachusetts, New Hampshire, 
Rhode Island, Vermont): 5 Post Office Square, 1st floor, Boston, MA 
02109-3912; Phone Number: (617) 918-1303.
* * * * *

0
3. Revise Sec.  282.95 to read as follows:


Sec.  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 
Sec.  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; <a href="/cdn-cgi/l/email-protection#205445440e554e4b4c4553605645524d4f4e540e474f56"><span class="__cf_email__" data-cfemail="e7938283c992898c8b8294a79182958a888993c9808891">[email protected]</span></a>; 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.

[[Page 42082]]

    (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.

0
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:

[[Page 42083]]

1. Code of Vermont Rules 12-032-004. CHAPTER 8--Vermont Underground 
Storage Tank Rules (Effective October 26, 2020)

    Subchapter 1: General Provisions, Section 8-101. Authority; 
Section 8-102. Purpose and Applicability, except ``install, remove, 
repair, or test''; Section 8-103. Release Prohibition, Reporting, 
Emergency Response, except (b) ``owner of the land on which the 
underground storage tank system is located, transporter of fuel, 
etc.'' and (g); Section 8-104. Signatories to Permits and Reports; 
Section 8-105. Incorporation by Reference; Section 8-109. Transfer 
of Ownership, Operation; Permits, Notification of Rules, Section 8-
109(b); Subchapter 2: Definitions; Subchapter 3: Registration 
(Notification), Permits, And Operator Training, Section 8-301. 
Applicability, 8-301(a)(1)(C) and (D); 8-301(a)(2)(A), (C), and (D); 
8-301(b)(1), (b)(3) and (b)(4); Section 8-302. Registration, except 
8-302(a)(1)(C) and 8-302(c); Section 8-303. Permits for Category One 
Underground Storage Tank Systems, 8-303(f); Section 8-305. Financial 
Responsibility Requirements; Section 8-306. Change-in-Service; 
Section 8-307. Operator Training Requirements; Section 8-308. 
Approval of Operator Training Test; Subchapter 4: Design, 
Manufacturing, and Installation Standards for Underground Storage 
Tank Systems, Section 8-402. Prohibitions, 8-402(c), (d) and (e); 
Section 8-403. General Requirements; Section 8-404. Tank 
Installation Standards; Section 8-405. Piping Standards, except 8-
405(b), (d)(2), and (e); Section 8-406. Spill Containment & Overfill 
Prevention Measures and Equipment, except 8-406(c) and (d); Section 
8-407. Scheduling Installations of Underground Storage Tank Systems, 
except 8-407(a)(1); Section 8-408. Reuse of Tanks; Section 8-409 
Underground Storage Tank Systems Located at Marinas; Section 8-410. 
Field Constructed Tanks and Airport Hydrant Systems; Subchapter 5: 
Operating Standards for Underground Storage Tanks, Section 8-501. 
Applicability; Section 8-502. General and Recordkeeping 
Requirements; Section 8-503. Spill and Overfill Prevention; 
Monitoring of Deliveries, except 8-503(a) and (b); Section 8-504. 
Cathodic Protection Systems; Section 8-505. General Requirements for 
Release Detection; Section 8-506. Release Detection Requirements for 
Tanks, except 8-506(c)(1)(F); Section 8-507. Release Detection 
Requirements for Piping, Sumps, and Spill Containment; Section 8-
508. Underground Storage Tank System Repairs, except 8-508(c)(9)(B), 
(C), and (D), and 8-508(g); Section 8-509. Periodic Inspections and 
Self-Certifications; Section 8-510. Unstaffed Facilities; Section 8-
511. Testing of Sumps, Spill Containment, and Overfill Prevention 
Devices, except 8-511(c); Section 8-512. Field Constructed Tanks and 
Airport Hydrant Systems; Subchapter 6: Out-Of-Service, Continued 
Use, And Closure Standards for Underground Storage Tank Systems, 
Section 8-601. Applicability, except 8-601(c) and (d); Section 8-
602. Out-of-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


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