[Federal Register Volume 85, Number 168 (Friday, August 28, 2020)]
[Proposed Rules]
[Pages 53312-53313]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-16275]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Parts 281 and 282

[EPA-R06-UST-2018-0703; FRL-10011-50-Region 6]


New Mexico: Final Approval of State Underground Storage Tank 
Program Revisions and Incorporation by Reference

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 to 
approve revisions to the State of New Mexico's Underground Storage Tank 
(UST) program submitted by the State. This proposed action is based on 
EPA's determination that these revisions satisfy all requirements 
needed for program approval. This proposal action also proposes to 
codify EPA's approval of New Mexico's state program and to incorporate 
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: Send written comments by September 28, 2020.

ADDRESSES: Submit any comments, identified by EPA-R06-UST-, by one of 
the following methods:
    1. Federal eRulemaking Portal: https://www.regulations.gov. Follow 
the on-line instructions for submitting comments.
    2. Email: [email protected].
    Instructions: Direct your comments to Docket ID No. EPA-R06-UST-
2018-0703. 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, the 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 the EPA cannot read your comment 
due to technical difficulties, and cannot contact you for 
clarification, the 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.
    You can view and copy the documents that form the basis for this 
codification at the Environmental Protection Agency, Region 6, 1201 Elm 
Street, Suite #500, Dallas, Texas 75270. This facility is open from 
8:30 a.m. to 4:30 p.m. Monday through Friday, excluding Federal 
holidays and facility closures due to COVID-19. We recommend that you 
telephone Audray Lincoln, Environmental Protection Specialist at (214) 
665-2239, before visiting the Region 6 office. Interested persons 
wanting to examine these documents should make an appointment with the 
office at least two weeks in advance. The documents are also available 
in the docket for this rulemaking at https://www.regulations.gov.

FOR FURTHER INFORMATION CONTACT: Ms. Audray Lincoln, Region 6, Project 
Officer, LUST Prevention/Corrective Action Section (LCRPU), Land 
Chemical and Redevelopment Division, EPA Region 6, 1201 Elm Street, 
Suite #500, Dallas, Texas 75270, phone number (214) 665-2239, email 
address [email protected]. Out of an abundance of caution for 
members of the public and our staff, the EPA Region 6 office will be 
closed to the public to reduce the risk of transmitting COVID-19. We 
encourage the public to submit comments via https://www.regulations.gov, as there will be a delay in processing mail and no 
courier or hand deliveries will be accepted. Please call or email the 
contact listed above if you need alternative access to material indexed 
but not provided in the docket.

SUPPLEMENTARY INFORMATION: In the final rules section of this Federal 
Register, the EPA is approving the State's UST program submittal as a 
direct rule without prior proposal

[[Page 53313]]

because the Agency views this as a noncontroversial submittal and 
anticipates no adverse comments. A detailed rationale for the approval 
is set forth in the direct final rule. If no relevant adverse comments 
are received in response to this action, no further activity is 
contemplated. If the EPA receives relevant adverse comments, the direct 
final rule will be withdrawn, and all public comments received will be 
addressed in a subsequent final rule based on this proposed rule. The 
EPA will not institute a second comment period. Any parties interested 
in commenting on this action should do so at this time. For additional 
information, see the direct final rule published in the ``Rules and 
Regulations'' section of this Federal Register.

    Authority: This proposed rule is issued under the authority of 
Sections 2002(a), 9004, and 7004(b) of the Solid Waste Disposal Act, 
as amended, 42 U.S.C. 6912, 6991c, 6991d, and 6991e.

    Dated: July 20, 2020.
Kenley McQueen,
Regional Administrator, Region 6.
[FR Doc. 2020-16275 Filed 8-27-20; 8:45 am]
BILLING CODE 6560-50-P