[Federal Register Volume 84, Number 179 (Monday, September 16, 2019)]
[Proposed Rules]
[Pages 48573-48578]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-19936]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Parts 281 and 282
[EPA-R04-UST-2019-0310; FRL-9998-86-Region 4]
Georgia: Proposed Approval and Incorporation by Reference of
State Underground Storage Tank Program Revisions
AGENCY: Environmental Protection Agency (EPA).
ACTION: Proposed rule.
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SUMMARY: Pursuant to the Resource Conservation and Recovery Act (RCRA
or Act), the Environmental Protection Agency (EPA) is proposing,
subject to public comment, to approve revisions to the underground
storage tank (UST) program submitted by the State of Georgia (Georgia
or State). The EPA has reviewed Georgia's revisions and is proposing to
determine that these revisions satisfy all requirements needed for
program approval. In addition, the EPA is proposing to codify EPA's
approval of Georgia's revised UST program and to incorporate by
reference those provisions of the State statutes and regulations the
EPA has determined, subject to public comment, meet the requirements
for approval. The EPA seeks public comment prior to taking final
action.
DATES: Comments must be received by October 16, 2019.
ADDRESSES: Submit your comments, identified by docket number EPA-R04-
UST-2019-0310, at https://www.regulations.gov. Follow the online
instructions for submitting comments. Once submitted, comments cannot
be edited or removed from https://www.regulations.gov. The EPA may
publish any comment received to its public docket. Do not submit
electronically any information you consider to be Confidential Business
Information (CBI) or other information whose disclosure is restricted
by statute. Multimedia submissions (audio, video, etc.) must be
accompanied by a written comment. The written comment is considered the
official comment and should include discussion of all points you wish
to make. The EPA will generally not consider comments or comment
contents located outside of the primary submission (i.e., on the web,
cloud, or other file sharing system). For additional submission
methods, the full EPA public comment policy, information about CBI or
multimedia submissions, and general guidance on making effective
comments, please visit: https://www.epa.gov/dockets/commenting-epa-dockets.
All documents in the docket are listed on the https://www.regulations.gov website. Publicly available docket materials are
also available in hard copy at the Underground Storage Tanks and Data
Management Section in the Land, Chemicals and Redevelopment Division,
U.S. Environmental Protection Agency, Region 4, Atlanta Federal Center,
61 Forsyth Street SW, Atlanta, Georgia 30303-8960. EPA requests that
you contact the person listed in the FOR FURTHER INFORMATION CONTACT
section to schedule your inspection. The Regional Office's official
hours of business are Monday through Friday 8:30 a.m. to 4:30 p.m.,
excluding Federal holidays.
FOR FURTHER INFORMATION CONTACT: Aaryn Jones, RCRA Programs and Cleanup
Branch, Land, Chemicals and Redevelopment Division, U.S. Environmental
Protection Agency, Region 4, Atlanta Federal Center, 61 Forsyth Street
SW, Atlanta, Georgia 30303-8960; Phone number: (404) 562-8969; email
address: [email protected].
SUPPLEMENTARY INFORMATION:
I. Proposed Approval of Revisions to Georgia's Underground Storage Tank
(UST) Program
A. Why are revisions to state UST 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 a UST
program that is no less stringent than the federal
[[Page 48574]]
program. When the EPA makes revisions to the regulations that govern
the UST program, states must revise their programs to comply with the
updated regulations and submit these revisions to the EPA for approval.
Most commonly, states must change their programs because of changes to
the EPA's regulations in 40 Code of Federal Regulations (CFR) part 280.
States can also initiate changes on their own to their UST programs and
these changes must then be approved by the EPA.
B. What decision is the EPA proposing to make in this rule?
On August 8, 2018, in accordance with 40 CFR 281.51(a), Georgia
submitted a complete program revision application (State Application)
seeking approval of changes to its UST program. The program revisions
requested in the State Application 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 from the Governor
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. The EPA has reviewed the State
Application and is proposing to determine that the revisions to
Georgia's UST program are no less stringent than the corresponding
federal requirements in subpart C of 40 CFR part 281, and that the
Georgia program continues to provide adequate enforcement of
compliance. Therefore, the EPA is proposing to grant Georgia final
approval to operate its UST program with the revisions described in the
State Application, and as outlined below in Section I.F. The
Environmental Protection Division (EPD) of the Georgia Department of
Natural Resources (DNR) is the lead implementing agency for the UST
program in Georgia.
C. What is the effect of this proposed approval on the regulated
community?
Section 9004(b) of RCRA, 42 U.S.C. 6991c(b), as amended, allows the
EPA to approve state UST programs to operate in lieu of the federal
program. If Georgia is approved for the changes described in the State
Application, these changes will become part of the approved State UST
program, and therefore will be federally enforceable. Georgia will
continue to have primary enforcement authority and responsibility for
its State UST program. This action does not impose additional
requirements on the regulated community because the regulations being
proposed for approval by this rule are already in effect in the State
of Georgia, and are not changed by this proposed action. This action
merely proposes to approve the existing State regulations as meeting
the revised federal requirements and rendering them federally
enforceable.
D. What happens if the EPA receives comments that oppose this action?
The EPA will evaluate any comments received on this proposed action
and will make a final decision on approval or disapproval of the UST
program revisions contained in the State Application. The EPA's
decision will be published in the Federal Register. You may not have
another opportunity to comment. If you want to comment on this proposed
action, you must do so at this time.
E. For what has Georgia previously been approved?
Effective July 9, 1991, the EPA granted final approval for Georgia
to administer the State UST program in lieu of the federal UST program
(56 FR 21603, May 10, 1991). Effective March 4, 1996, the EPA codified
the provisions of the approved Georgia program that are part of the UST
program under subtitle I of RCRA, and therefore are subject to the
EPA's corrective action, inspection, and enforcement authorities under
RCRA sections 9003(h), 9005 and 9006, 42 U.S.C. 6991b(h), 6991d and
6991e, and other applicable statutory and regulatory provisions (61 FR
4224, February 5, 1996).
F. What changes is the EPA proposing to approve with this action and
what standards do we use for review?
In order to be approved, each state program revision application
must meet the general requirements in 40 CFR 281.11 (General
Requirements), and the specific requirements in 40 CFR part 281,
subpart B (Components of a Program Application), subpart C (Criteria
for No Less Stringent), and subpart D (Adequate Enforcement of
Compliance).
As more fully described below, the State has made changes to its
approved UST program to reflect the 2015 Federal Revisions. These
changes are included in the Georgia UST Rules at Ga. Comp. R. & Regs.
391-3-15, as amended, effective November 6, 2017. The EPA is proposing
to approve the State's changes because they are no less stringent than
the federal UST program, and because the revised Georgia UST program
will continue to provide for adequate enforcement of compliance as
required by 40 CFR 281.11(b) and part 281, subparts C and D, after this
approval.
The Georgia EPD continues to be the lead implementing agency for
the UST program in Georgia. The EPD continues to have broad statutory
and regulatory authority to regulate the installation, operation,
maintenance, and closure of USTs, as well as UST releases, under the
Georgia Underground Storage Tank Act (GUSTA), Official Code of Georgia
Annotated (O.C.G.A.) section 12-13-1 (2017), and the Ga. Comp. R. &
Regs. 391-3-15 (2017).
As part of the State Application, the Georgia Attorney General has
identified the following specific authorities for compliance
monitoring, required pursuant to 40 CFR 281.40: GUSTA, O.C.G.A.
sections 12-13-6(a)(3), 12-13-8(a), and 12-13-14(b); and Ga. Comp. R. &
Regs. r. 391-3-15-.01(2) and 391-3-15-.08.
As part of the State Application, the Georgia Attorney General has
identified the following specific authorities for enforcement response,
required pursuant to 40 CFR 281.41: GUSTA, O.C.G.A. sections 12-13-15
and 12-13-19(b) and (c); and Ga. Comp. R. & Regs. r. 391-3-15-.14.
As part of the State Application, the Georgia Attorney General has
identified the following specific authorities enabling public
participation in the State enforcement process, required pursuant to 40
CFR 281.42: O.C.G.A. sections 12-2-2, 50-13-14, 12-13-15, 9-11-24, 12-
13-6(a)(8), 12-13-16, and 12-13-21; and Ga. Comp. R. and Regs. r. 391-
1-2-.14(2) and 391-3-15-.09. Further, through a Memorandum of Agreement
between the State of Georgia and the EPA, effective October 12, 2018,
the State maintains procedures for receiving and ensuring proper
consideration of information about violations submitted by the public
and will not object to public participation in administrative or civil
enforcement actions. As required pursuant to 40 CFR 281.43, through the
Memorandum of Agreement between the State and the EPA, the State agrees
to furnish the EPA, upon request, any information in State files
obtained or used in the administration of the State program.
To qualify for final approval, revisions to a state's UST program
must be ``no less stringent'' than the 2015 Federal Revisions. In the
2015 Federal Revisions, the EPA addressed UST
[[Page 48575]]
systems deferred in the 1988 UST regulations, and added, among other
things: New operation and maintenance requirements; secondary
containment requirements for new and replaced tanks and piping;
operator training requirements; and a requirement to ensure UST system
compatibility before storing certain biofuel blends. In addition, the
EPA removed past deferrals for emergency generator tanks, field
constructed tanks, and airport hydrant systems. Georgia incorporates
all the required 2015 Federal Revisions at Ga. Comp. R. & Regs. 391-3-
15. Specifically, Georgia has amended its Georgia UST Rules to
incorporate by reference (into the Georgia regulations) the
requirements of 40 CFR part 280, including the requirements added by
the 2015 Federal Revisions.
As part of the State Application, and as described above, the
Georgia Attorney General has certified that the State regulations
provide for adequate enforcement of compliance and meet the ``no less
stringent'' criteria in 40 CFR part 281, subparts C and D. The EPA is
relying on this certification, in addition to the analysis submitted by
the State, in proposing to approve the State's changes.
G. Where are the revised State rules different from the federal rules?
Broader in Scope Provisions
Where a state program has provisions that are broader in scope than
required by federal law, these provisions are not part of the
federally-approved program and are not federally enforceable, in
accordance with 40 CFR 281.12(a)(3)(ii). The following State statutory
and regulatory requirements are considered broader in scope than the
federal and are therefore not part of federally approved State UST
program:
Statutory Broader in Scope Provisions
O.C.G.A. section 12-13-9(f)-(i) establishes the Georgia
Underground Storage Tank (GUST) Fund to take emergency action, take
preventive or corrective action, and provide compensation for third-
party liabilities.
O.C.G.A. section 12-13-10 requires that an environmental
assurance fee be paid by any potential claimant to the GUST Fund.
O.C.G.A section 12-13-11(b) through (e) pertain to the use
of the GUST Fund to perform corrective action.
O.C.G.A. section 12-13-13(e) requires owners and operators
of a UST in use or capable of being used to provide an annual UST
notification.
O.C.G.A. section 12-13-18(a) requires owners and operators
of USTs to maintain proof that all petroleum stored in such tank was
subjected to the environmental fee imposed in O.C.G.A. section 12-13-
10.
Regulatory Broader in Scope Provisions
Ga. Comp. R. & Regs. r. 391-3-15-.05(4) requires an annual
registration of USTs and an annual UST Registration Certificate.
Ga. Comp. R. & Regs. r. 391-3-15-.09(5) requires that
owners or operators may transport or provide for transportation of
petroleum-contaminated soils only to permitted storage, treatment or
disposal facilities and must designate any receiving facility in the
corrective action plan.
Ga. Comp. R. & Regs. r. 391-3-15-.09(7) allows owners and
operators conducting corrective action with funds other than the GUST
Fund to remediate soil and groundwater to a more stringent objective
than those found in Ga. Comp. R. & Regs. r. 391-3-15-.09(4).
Ga. Comp. R. & Regs. r. 391-3-15-.13 describes the
requirements for owner/operator participation in the GUST Fund,
including payment of an Environmental Assurance Fee (EAF) to EPD per
gallon of petroleum products imported into Georgia.
More Stringent Provisions
When an approved state program includes requirements that are
considered more stringent than those required by federal law, the more
stringent requirements become part of the federally approved program in
accordance with 40 CFR 281.12(a)(3)(i).
The following State regulatory requirements are considered more
stringent than the federal program, and on approval, they will become
part of the federally-approved State UST program and therefore
federally enforceable:
With respect to the definition of ``replaced'' found at 40
CFR 280.12, under Ga. Comp. R. & Regs. r. 391-3-15-.03(1)(n), Georgia
defines ``replace'' when referring to piping to mean the removal and
replacement of 25% or more of the existing piping.
With respect to recordkeeping requirements found at 40 CFR
280.34 and 40 CFR 280.45, under Ga. Comp. R. & Regs. r. 391-3-15-.06(2)
and 391-3-15-.07(2), Georgia requires records to be maintained for a
minimum period of 36 months.
With respect to release response and corrective action
requirements found at 40 CFR part 280, subpart F, the GUST Rule is more
stringent as follows:
(1) Under Ga. Comp. R. & Regs. r. 391-3-15-.09(2), Georgia requires
that a Corrective Action Plan--Part A be stamped or sealed by a Georgia
registered Professional Engineer or Professional Geologist, and
submitted in lieu of the initial abatement report, the initial site
characterization report, and the free product removal report, as
referenced by 40 CFR 280.62(b), 280.63(b), and 280.64(d), respectively,
and must be submitted within 60 days after the release confirmation.
(2) Under Ga. Comp. R. & Regs. r. 391-3-15-.09(3), Georgia requires
that a Corrective Action Plan--Part B be submitted when certain surface
water, groundwater, or soil contamination levels are exceeded, or when
the State otherwise determines on a site-specific basis that a
Corrective Action Plan--Part B is necessary.
(3) Under Ga. Comp. R. & Regs. r. 391-3-15-.09(4), Georgia requires
that if a Corrective Action Plan--Part B is necessary, the full extent
of groundwater and surface water contamination must be delineated, and
certain corrective action objectives must be proposed and implemented
upon approval by the State.
(4) Under Ga. Comp. R. & Regs. r. 391-3-15-.09(6), Georgia requires
that the owner or operator certify completion of corrective action in
the completion report.
(5) Under Ga. Comp. R. & Reg. r. 391-3-15-.09(8), Georgia requires
that determinations of petroleum concentrations in soil or groundwater
be performed in conformity with specified methods.
(6) Under Ga. Comp. R. & Regs. r. 391-15-.10, Georgia specifies
cleanup levels for releases from hazardous substance USTs.
With respect to closure requirements found at 40 CFR
280.72, under Ga. Comp. R. & Regs. r. 391-15-.11(3), Georgia requires
that owners submit an EPD UST closure report within 45 days of
permanently closing a UST.
With respect to operator training requirements found at 40
CFR 280.244, under Ga. Comp. R. & Regs. r. 391-3-15-.16, Georgia
requires owners and operators to complete operator training once every
seven years.
II. Codification
A. What is codification?
Codification is the process of placing citations and references to
a state's statutes and regulations that comprise a state's approved UST
program into the Code of Federal Regulations (CFR). The EPA codifies
its approval of state programs in 40 CFR part 282 and incorporates by
reference state statutes and regulations that the EPA can
[[Page 48576]]
enforce, after the approval is final, under sections 9005 and 9006 of
RCRA, and any other applicable statutory provisions. The incorporation
by reference of EPA-approved state programs in the CFR should
substantially enhance the public's ability to discern the status of the
approved state UST 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 Georgia's UST program?
In 1996, the EPA incorporated by reference and codified Georgia's
approved UST program at 40 CFR 282.60 (61 FR 4224, February 5, 1996).
Through this action, the EPA is proposing to amend 40 CFR 282.60 to
incorporate by reference and codify Georgia's revised UST program.
C. What codification decisions is the EPA proposing in this rule?
In this rule, the EPA is proposing to include in a final EPA rule
regulatory text that includes incorporation by reference of the
relevant Georgia UST program, including the revisions made to the
program based on the 2015 Federal Revisions. In accordance with the
requirements of 1 CFR 51.5, the EPA is proposing to incorporate by
reference Georgia's statutes and regulations as described in the
amendments to 40 CFR part 282 set forth below. These documents are
available through https://www.regulations.gov and at the EPA Region 4
office (see the ADDRESSES section of this preamble for more
information). This proposed codification reflects the State UST program
that would be in effect at the time the EPA's approved revisions to the
Georgia UST program addressed in this proposed rule become final,
subject to the receipt of public comments.
Specifically, in Section 282.60(d)(1)(i), the EPA is proposing to
incorporate by reference the Georgia-approved UST program. Section
282.60(d)(1)(ii) identifies the State's statutes and regulations that
are part of the approved State program, although not incorporated by
reference for enforcement purposes. Section 282.60(d)(2) through (d)(5)
reference the Attorney General's Statement, Demonstration of Adequate
Enforcement Procedures, the Program Description, and the Memorandum of
Agreement, which are part of the State Application and proposed for
approval as part of the UST program under subtitle I of RCRA.
D. What is the effect of the EPA's codification of the federally
approved Georgia UST program on enforcement?
The EPA retains the authority under sections 9003(h), 9005, and
9006 of subtitle I of RCRA, 42 U.S.C. 6991b(h), 6991d, and 6991e, and
other applicable statutory and regulatory provisions, to undertake
corrective action, inspections, and enforcement actions, and to issue
orders in approved states. If the EPA determines it will take such
actions in Georgia, the EPA will rely on federal sanctions, federal
inspection authorities, and other federal procedures rather than the
State analogs. Therefore, the EPA is not incorporating by reference
Georgia's procedural and enforcement authorities, although they are
listed in 40 CFR 282.60(d)(1)(ii).
E. What State provisions are not part of the codification?
As discussed in Section I.G. above, some provisions of the State's
UST program are not part of the federally approved State program
because they are ``broader in scope'' than the federal UST program. 40
CFR 281.12(a)(3)(ii) 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. In addition, provisions that are external to
the State UST program approval requirements, but included in the State
Application, are also being excluded from incorporation by reference in
part 282. For reference and clarity, 40 CFR 282.60(d)(1)(iii) lists the
Georgia statutory and regulatory provisions which are ``broader in
scope'' than the federal program and external to state UST program
approval requirements. These provisions are, therefore, not part of the
approved program that the EPA is proposing to codify. Although these
provisions cannot be enforced by the EPA, the State will continue to
implement and enforce such provisions under State law.
III. Statutory and Executive Order (E.O.) Reviews
The EPA's proposed actions merely approve and codify Georgia's
revised UST program requirements pursuant to RCRA section 9004, and do
not impose additional requirements other than those imposed by State
law. For that reason, these actions:
Are not significant regulatory actions subject to review
by the Office of Management and Budget under Executive Orders 12866 (58
FR 51735, October 4, 1993) and 13563 (76 FR 3821, January 21, 2011);
Are not Executive Order 13771 (82 FR 9339, February 2,
2017) regulatory actions because UST program approvals are exempted
under Executive Order 12866;
Do not impose an information collection burden under the
provisions of the Paperwork Reduction Act (44 U.S.C. 3501 et seq.);
Are certified as not having a significant economic impact
on a substantial number of small entities under the Regulatory
Flexibility Act (5 U.S.C. 601 et seq.);
Do not contain any unfunded mandate or significantly or
uniquely affect small governments, as described in the Unfunded
Mandates Reform Act of 1995 (Pub. L. 104-4);
Do not have Federalism implications as specified in
Executive Order 13132 (64 FR 43255, August 10, 1999);
Are not economically significant regulatory actions based
on health or safety risks subject to Executive Order 13045 (62 FR
19885, April 23, 1997);
Are not significant regulatory actions subject to
Executive Order 13211 (66 FR 28355, May 22, 2001);
Are not subject to the requirements of Section 12(d) of
the National Technology Transfer and Advancement Act of 1995 (15 U.S.C.
272 note) because application of those requirements would be
inconsistent with RCRA; and
Do not provide EPA with the discretionary authority to
address, as appropriate, disproportionate human health or environmental
effects, using practicable and legally permissible methods, under
Executive Order 12898 (59 FR 7629, February 16, 1994).
Do not apply on any Indian reservation land or in any
other area where the EPA or an Indian tribe has demonstrated that a
tribe has jurisdiction. The rule does not have tribal implications as
specified by Executive Order 13175 (65 FR 67249, November 9, 2000), nor
will it impose substantial direct costs on tribal governments or
preempt tribal law.
As required by section 3 of Executive Order 12988 (61 FR 4729,
February 7, 1996), in issuing this rule, the EPA has taken the
necessary steps to eliminate drafting errors and ambiguity, minimize
potential litigation, and provide a clear legal standard for affected
conduct.
List of Subjects in 40 CFR Parts 281 and 282
Environmental protection, Administrative practice and procedure,
[[Page 48577]]
Petroleum, Hazardous substances, Incorporation by reference, State
program approval, Underground storage tanks, and Reporting and
recordkeeping requirements.
Authority: This action is issued under the authority of Sections
2002(a), 7004(b), 9004, 9005 and 9006 of the Solid Waste Disposal
Act, as amended, 42 U.S.C. 6912(a), 6974(b), 6991c, 6991d, and
6991e.
Mary S. Walker,
Regional Administrator, Region 4.
For the reasons set forth in the preamble, 40 CFR part 282 is
proposed to be amended 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. Revise Sec. 282.60 to read as follows:
Sec. 282.60 Georgia State-Administered Program.
(a) History of the approval of Georgia's Program. The State of
Georgia 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 Georgia
Department of Natural Resources, Environmental Protection Division, was
approved by EPA pursuant to 42 U.S.C. 6991c and part 281 of this
Chapter. EPA approved the Georgia program on May 10, 1991 and it was
effective on July 9, 1991. A subsequent program revision was approved
by EPA and became effective on [Effective date of final rule].
(b) Enforcement authority. Georgia has primary responsibility for
administering and enforcing its federally approved underground storage
tank program. However, EPA retains the authority to exercise its
corrective action, inspection, and enforcement authorities under
sections 9003(h), 9005, and 9006 of subtitle I of RCRA, 42 U.S.C.
6991b(h), 6991d, and 6991e, as well as under any other applicable
statutory and regulatory provisions.
(c) To retain program approval, Georgia must revise its approved
program to adopt new changes to the federal subtitle I program which
make it more stringent, in accordance with section 9004 of RCRA, 42
U.S.C. 6991c, and 40 CFR part 281, subpart E. If Georgia obtains
approval for 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) Georgia has final approval for the following elements of its
underground storage tank program originally submitted to EPA and
approved effective July 9, 1991, and the program revisions approved by
EPA effective on [Effective date of final rule]:
(1) State statutes and regulations.
(i) Incorporation by reference. The Georgia materials cited in this
paragraph, and listed in appendix A to part 282, are incorporated by
reference as part of the underground storage tank program under
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 the Georgia
statutes that are incorporated by reference in this paragraph from
LexisNexis, Attn: Official Code of Georgia Annotated, 701 East Water
Street, Charlottesville, VA 22902-5389; Phone number: 1-800-833-9844;
website: http://sos.ga.gov/index.php/elections/georgia_code_-_lexisnexis. You may obtain copies of the Georgia regulations that are
incorporated by reference in this paragraph from the Administrative
Procedures Division, Office of the Georgia Secretary of State, 5800
Jonesboro Road, Morrow, Georgia 30260; Phone number: (678) 364-3785;
website: http://rules.sos.ga.gov/gac/391-3-15. You may inspect all
approved material at the EPA Region 4, 61 Forsyth Street SW, Atlanta,
Georgia 30303; Phone number: (404) 562-9900; or the National Archives
and Records Administration (NARA). For information on the availability
of the material at NARA, call (202) 741-6030 or go to https://www.archives.gov/federal-register/cfr/ibr-locations.html.
(A) ``Georgia Statutory Requirements Applicable to the UST
Program'', dated August 2018.
(B) ``Georgia Regulatory Requirements Applicable to the UST
Program'', dated August 2018.
(ii) Legal basis. The EPA evaluated the following statutes and
regulations which provide the legal basis for the State's
implementation of the underground storage tank program, but they are
not being incorporated by reference and do not replace federal
authorities:
(A) Official Code of Georgia Annotated (2017), Title 12:
``Conservation and Natural Resources,'' Chapter 13, ``Georgia
Underground Storage Tank Act'': Sections 12-13-5; 12-13-6; 12-13-8; 12-
13-11(a) and (f); 12-13-14 through 12-13-17; and 12-13-19 through 12-3-
22.
(B) Rules and Regulations of the State of Georgia (November 6,
2017), Department 391: ``Rules of the Georgia Department of Natural
Resources,'' Chapter 3, ``Environmental Protection,'' Subject 15,
``Underground Storage Tank Management'': Sections 391-3-15.01(2) and
391-3-15-.14.
(iii) Other Provisions not incorporated by reference. The following
specifically identified sections and rules applicable to the Georgia
underground storage tank program that are broader in scope than the
federal program or external to the state UST program approval
requirements are not part of the approved program, and are not
incorporated by reference herein:
(A) Official Code of Georgia Annotated (2017), Title 12:
``Conservation and Natural Resources,'' Chapter 13, ``Georgia
Underground Storage Tank Act'': Sections 12-13-3(8) and (16); 12-13-7;
12-13-9(d) through (i); 12-13-10; 12-13-11(b) through (e); 12-13-12;
12-13-13(e), and 12-13-18.
(B) Rules and Regulations of the State of Georgia (November 6,
2017), Department 391: ``Rules of the Georgia Department of Natural
Resources,'' Chapter 3, ``Environmental Protection,'' Subject 15,
``Underground Storage Tank Management'': Sections 391-3-15-.01(1); 391-
3-15-.03(1)(a), (g), (i), and (p) through (r); 391-3-15-.04; 391-3-
15-.05(4); 391-3-15-.09(5) and (7); 391-15-3-.12(3); 391-3-15-.13; and
391-3-15-.15.
(2) Statement of legal authority. The Attorney General's Statement,
signed by the Attorney General on June 12, 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.
(3) Demonstration of procedures for adequate enforcement. The
``Demonstration of Procedures for Adequate Enforcement'' submitted as
part of Georgia's application on August 8, 2018, though not
incorporated by reference, is referenced as part of the approved
underground storage tank program under subtitle I of RCRA, 42 U.S.C.
6991 et seq.
(4) Program description. The Program Description submitted as part
of Georgia's application on August 8, 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.
[[Page 48578]]
(5) Memorandum of Agreement. The Memorandum of Agreement between
EPA Region 4 and the Georgia Environmental Protection Division, signed
by EPA Regional Administrator on October 12, 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
3. Appendix A to part 282 is proposed to be amended by revising the
entry for Georgia to read as follows:
Appendix A to Part 282--State Requirements Incorporated by Reference in
Part 282 of the Code of Federal Regulations
* * * * *
Georgia
(a) The statutory provisions include: Official Code of Georgia
Annotated (2017), Title 12: ``Conservation and Natural Resources,''
Chapter 13, ``Georgia Underground Storage Tank Act'':
Section 12-13-1 Short title.
Section 12-13-2 Public policy.
Section 12-13-3 Definitions, except (8) and (16).
Section 12-13-4 Exceptions to chapter.
Section 12-13-9 Establishing financial responsibility; claims
against the guarantor; Underground Storage Tank Trust Fund, except
(d) through (i).
Section 12-13-13 Notification by owner of underground storage
tank, except (e).
(b) The regulatory provisions include: Rules and Regulations of
the State of Georgia (November 6, 2017), Department 391: ``Rules of
the Georgia Department of Natural Resources,'' Chapter 3,
``Environmental Protection,'' Subject 15, ``Underground Storage Tank
Management'':
Section 391-3-15-.01(3) General Provisions
Section 391-3-15-.02 UST Exclusions.
Section 391-3-15-.03 Definitions, except (1)(a), (1)(g), (1)(i),
and (1)(p) through and (r).
Section 391-3-15-.05 UST Systems: Design, Construction,
Installation, and Notification, except (4).
Section 391-3-15-.06 General Operating Requirements.
Section 391-3-15-.07 Release Detection.
Section 391-3-15-.08 Release Reporting, Investigation, and
Confirmation.
Section 391-3-15-.09 Release Response and Corrective Action for
UST Systems Containing Petroleum, except (5) and (7).
Section 391-3-15-.10 Release Response and Corrective Action for
UST Systems Containing Hazardous Substances.
Section 391-3-15-.11 Out-of-Service UST Systems and Closure.
Section 391-3-15-.12 Underground Storage Tanks Containing
Petroleum; Financial Responsibility Requirements, except (3).
Section 391-3-15-.16 Operator Training.
Section 391-3-15-.17 Airport Hydrant Systems and Field
Constructed Tanks.
(c) Copies of the Georgia statutes that are incorporated by
reference are available from LexisNexis, Attn: Official Code of
Georgia Annotated, 701 East Water Street, Charlottesville, VA 22902-
5389; Phone number: 1-800-833-9844; website: http://sos.ga.gov/index.php/elections/georgia_code_-_lexisnexis. Copies of the Georgia
regulations that are incorporated by reference are available from
the Administrative Procedures Division, Office of the Georgia
Secretary of State, 5800 Jonesboro Road, Morrow, Georgia 30260;
Phone number: (678) 364-3785; website: http://rules.sos.ga.gov/gac/391-3-15.
* * * * *
[FR Doc. 2019-19936 Filed 9-13-19; 8:45 am]
BILLING CODE 6560-50-P