[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