[Federal Register Volume 86, Number 55 (Wednesday, March 24, 2021)]
[Rules and Regulations]
[Pages 15596-15602]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-05422]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Parts 281 and 282

[EPA-R04-UST-2019-0582; FRL-10014-89-Region 4]


South Carolina: 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: The State of South Carolina (South Carolina or State) has 
applied to the Environmental Protection Agency (EPA) for final approval 
of revisions to its Underground Storage Tank Program (UST Program) 
under subtitle I of the Resource Conservation and Recovery Act (RCRA or 
Act). Pursuant to RCRA, the EPA is taking direct final action, subject 
to public comment, to approve revisions to the UST Program. The EPA has 
reviewed South Carolina's revisions and has determined that these 
revisions satisfy all requirements needed for approval. In addition, 
this action also codifies the EPA's approval of South Carolina's 
revised UST Program and incorporates by reference those provisions of 
the State statutes and regulations that the EPA has determined meet the 
requirements for approval.

DATES: This rule is effective May 24, 2021, unless the EPA receives 
adverse comment by April 23, 2021. If the EPA receives adverse comment, 
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 May 24, 2021.

ADDRESSES: Submit your comments by one of the following methods:
     Federal eRulemaking Portal: https://www.regulations.gov 
(our preferred method). Follow the online instructions for submitting 
comments.
     Email: [email protected]. Include the Docket ID No. EPA-
R04-UST-2019-0582 in the subject line of the message.
    Instructions: Submit your comments, identified by Docket ID No. 
EPA-R04-UST-2019-0582, via the Federal eRulemaking Portal 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.
    Out of an abundance of caution for members of the public and our 
staff, the public's access to the EPA Region 4 Offices is by 
appointment only to reduce the risk of transmitting COVID-19. We 
encourage the public to submit comments via https://www.regulations.gov 
or via email. The EPA encourages electronic comment submittals, but if 
you are unable to submit electronically or need other assistance, 
please contact Ben Singh, the contact listed in the FOR FURTHER 
INFORMATION CONTACT provision below. The index to the docket for this 
action and all documents that form the basis of this codification and 
associated publicly available docket materials are available for review 
on the https://www.regulations.gov website. The EPA encourages 
electronic reviewing of these documents, but if you are unable to 
review these documents electronically, please contact Ben Singh to 
schedule an appointment to view the documents at the Region 4 Offices. 
Interested persons wanting to examine these documents should make an 
appointment at least two weeks in advance. EPA Region 4 requires all 
visitors adhere to the COVID-19 protocol, which requires face coverings 
and social distancing.
    Please also contact Ben Singh if you need assistance in a language 
other than English or if you are a person with disabilities who needs a 
reasonable accommodation at no cost to you. For further information on 
EPA Docket Center services and the current status, please visit us 
online at https://www.epa.gov/dockets.
    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.

[[Page 15597]]


FOR FURTHER INFORMATION CONTACT: Ben Singh, 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) 562-8922; email 
address: [email protected]. Please contact Ben Singh by phone or email 
for further information.

SUPPLEMENTARY INFORMATION:

I. Approval of Revisions to South Carolina'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 section 
9004(b) of RCRA, 42 U.S.C. 6991c(b), must maintain a UST program that 
is no less stringent than the Federal 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 
title 40 of the 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 has the EPA made in this rule?

    On April 16, 2019, in accordance with 40 CFR 281.51(a), South 
Carolina 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; an 
Attorney General's Statement; \1\ and copies of all relevant State 
statutes and regulations. The EPA has reviewed the State Application 
and has determined that the revisions to South Carolina's UST Program 
are no less stringent than the corresponding Federal requirements in 
subpart C of 40 CFR part 281, and that the South Carolina UST Program 
continues to provide adequate enforcement of compliance. Therefore, the 
EPA grants South Carolina final approval to operate its UST Program 
with the revisions described in the State Application, and as outlined 
below. The South Carolina Department of Health and Environmental 
Control (DHEC) is the lead implementing agency for the UST Program in 
South Carolina, except in Indian country as noted below in Section I.I.
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    \1\ 40 CFR 281.24(a) requires an Attorney General's statement, 
but allows it to be signed by independent legal counsel for the 
state rather than the Attorney General, provided that such counsel 
has full authority to independently represent the state agency in 
court on all matters pertaining to the state UST program. The South 
Carolina DHEC General Counsel has represented that it has such 
authority and has submitted such statement as part of the State 
Application.
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C. What is the effect of this 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. With this approval, the changes described in the State 
Application will become part of the approved State UST Program, and 
therefore will be federally enforceable. South Carolina 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 approved by this rule 
are already in effect in the State of South Carolina, and are not 
changed by this action. This action merely approves the existing State 
regulations as meeting the 2015 Federal Revisions and rendering them 
federally enforceable.

D. Why is the EPA using a direct final rule?

    The EPA is publishing this direct final rule without a prior 
proposed rule because we view this as a noncontroversial action and we 
anticipate no adverse comment. South Carolina addressed all comments it 
received during its comment period when the rules and regulations being 
considered in this document were proposed at the State level.

E. What happens if the EPA receives comments that oppose this action?

    Along with this direct final rule, the EPA is simultaneously 
publishing a separate document in the ``Proposed Rules'' section of 
this Federal Register that serves as the proposal to approve the 
State's UST Program revisions, and provides an opportunity for public 
comment. If the EPA receives comments that oppose this approval, the 
EPA will withdraw this direct final rule by publishing a document in 
the Federal Register before it becomes effective. The EPA will make any 
further decision on approval of the State Application after considering 
all comments received during the comment period. The 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 South Carolina previously been approved?

    Effective September 27, 2002, the EPA granted final approval for 
South Carolina to administer the State UST Program in lieu of the 
Federal UST program (67 FR 55160, August 28, 2002). Effective June 9, 
2014, the EPA incorporated by reference and codified the federally 
approved South Carolina UST Program (79 FR 19830, April 10, 2014). As a 
result of the EPA's approval, these provisions became 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.

G. What changes is the EPA approving 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 
UST Program to reflect the 2015 Federal Revisions. These changes are 
included in South Carolina's UST Rules at S.C. Code Ann. Regs. 61-92, 
as amended, effective May 26, 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 South Carolina 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.
    DHEC continues to be the lead implementing agency for the UST

[[Page 15598]]

Program in South Carolina. DHEC has broad statutory and regulatory 
authority to regulate the installation, operation, maintenance, and 
closure of USTs, as well as UST releases, under the State Underground 
Petroleum Environmental Response Bank Act (SUPERB) of 1988, S.C. Code 
Ann. sections 44-2-10 to 44-2-150, and the South Carolina UST Rules at 
S.C. Code Ann. Regs. 61-92 (2017).
    As part of the State Application, South Carolina has identified the 
following specific authorities for compliance monitoring, required 
pursuant to 40 CFR 281.40: S.C. Code. Ann. section 44-2-50(C); and S.C. 
Code. Ann. Regs. 61-92, section 280.34.
    As part of the State Application, South Carolina has identified the 
following specific authorities for enforcement response, required 
pursuant to 40 CFR 281.41: S.C. Code. Ann. section 44-2-140; and S.C. 
Code. Ann. Regs. 61-92, sections 280.26 and 280.301.
    As part of the State Application, South Carolina has identified the 
following specific authorities enabling public participation in the 
State enforcement process, required pursuant to 40 CFR 281.42: Rule 
24(a)(2) of the South Carolina Rules of Civil Procedure; and S.C. Code. 
Ann. Regs. 61-92, section 280.67. Further, through a Memorandum of 
Agreement between DHEC 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 DHEC will not oppose citizen intervention when permissive 
intervention is allowed by statute, rule or regulation. 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 UST 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 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. South Carolina adopted all of the required 2015 Federal 
Revisions at S.C. Code. Ann. Regs. 61-92 (2017).
    As part of the State Application, the DHEC General Counsel 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 approving the 
State's changes.

H. Where are the revised State rules different from the Federal rules?

    States may enact laws that are more stringent than their Federal 
counterparts. See RCRA section 9008, 42 U.S.C. 6991g. 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 EPA has determined that some of South Carolina's 
regulations are considered more stringent than the Federal program, and 
upon approval, they will become part of the federally approved State 
UST Program and therefore federally enforceable.
    In addition, states may enact laws which are broader in scope than 
their Federal counterparts in accordance with 40 CFR 281.12(a)(3). 
State requirements that go beyond the scope of the Federal program are 
not part of the federally approved program and the EPA cannot enforce 
them. Although these requirements are enforceable by the State in 
accordance with South Carolina law, they are not Federal RCRA 
requirements. The EPA considers the following State requirements to be 
broader in scope than the Federal program and therefore not part of the 
federally approved State UST Program:
Statutory Broader in Scope Provisions
    i. S.C. Code Ann. section 44-2-40, insofar as it provides for the 
creation of a SUPERB Account and SUPERB Financial Responsibility Fund 
(collectively, ``State funds''), and establishes criteria for accessing 
the funds.
    ii. S.C. Code Ann. section 44-2-60, insofar as it requires 
registration, beyond the Federal notification requirements, and the 
payment of registration fees for underground storage tanks.
    iii. S.C. Code Ann. section 44-2-75, insofar as it provides for a 
means of establishing insurance pools to demonstrate financial 
responsibility.
    iv. S.C. Code Ann. section 44-2-90, insofar as it refers to 
interest collected on State funds and the sunset date of the 
environmental impact fee.
    v. S.C. Code Ann. section 44-2-110, insofar as it establishes 
criteria for qualified expenditure of funds from the SUPERB Account.
    vi. S.C. Code Ann. section 44-2-115, insofar as it regulates 
eligibility for the SUPERB Account.
    vii. S.C. Code Ann. section 44-2-120, insofar as it establishes 
requirements for site rehabilitation contractors.
    viii. S.C. Code Ann. section 44-2-130, insofar as it establishes 
criteria for compensation from the SUPERB Account.
    ix. S.C. Code Ann. section 44-2-150, insofar as it establishes 
provisions for the creation and operations of a SUPERB Advisory 
Committee.
Regulatory Broader in Scope Provisions
    i. S.C. Code Ann. Regs. 61-92, section 280.10(d), insofar as it 
requires UST systems to be permitted or registered with DHEC.
    ii. S.C. Code Ann. Regs. 61-92, section 280.20, as to the text 
``obtain permits in accordance with section 280.23 and'' in the 
introductory paragraph, and the text ``on the Permit to Operate 
application form in accordance with section 280.23'' in (f), insofar as 
they require UST systems to be permitted by DHEC.
    iii. S.C. Code Ann. Regs. 61-92, sections 280.22(h) and (i), 
insofar as they require UST systems to be registered with DHEC.
    iv. S.C. Code Ann. Regs. 61-92, section 280.23, insofar as it 
requires UST systems to be permitted by DHEC.
    v. S.C. Code Ann. Regs. 61-92, sections 280.101(b) through (e), 
insofar as they establish regulations for the administration of the 
State funds.
    vi. S.C. Code Ann. Regs. 61-92, section 280.300, insofar as it 
gives DHEC broad authority to grant variances that may be beyond the 
scope of that allowed by the Memorandum of Agreement between DHEC and 
EPA.

I. How does this action affect Indian country (18 U.S.C. 1151) in South 
Carolina?

    The EPA's approval of South Carolina's UST Program does not extend 
to Indian country as defined in 18 U.S.C. 1151, which includes the 
Catawba Indian Nation. The EPA will retain responsibilities under RCRA 
for underground storage tanks in Indian country. Therefore, this action 
has no effect in Indian country. See 40 CFR 281.12(a)(2).

[[Page 15599]]

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 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 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 programs 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 South Carolina's UST Program?

    In 2014, the EPA incorporated by reference and codified South 
Carolina's approved UST Program at 40 CFR 282.90 (79 FR 19830, April 
10, 2014). Through this action, the EPA is amending 40 CFR 282.90 to 
incorporate by reference and codify South Carolina's revised UST 
Program.

C. What codification decisions is the EPA making in this rule?

    In this rule, the EPA is finalizing regulatory text that 
incorporates by reference the federally approved South Carolina UST 
Program, including the revisions made to the UST Program based on the 
2015 Federal Revisions. In accordance with the requirements of 1 CFR 
51.5, the EPA is incorporating by reference South Carolina'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. This codification reflects the State UST Program 
that will be in effect at the time the EPA's approval of the revisions 
to the South Carolina UST Program addressed in this direct final rule 
becomes final. If, however, the EPA receives substantive comment on the 
proposed rule, this codification will not take effect and the State 
rules that are approved after the EPA considers public comment will be 
codified instead. By codifying the approved South Carolina UST Program 
and by amending the CFR, the public will more easily be able to discern 
the status of the federally-approved requirements of the South Carolina 
UST Program.
    Specifically, in 40 CFR 282.90(d)(1)(i), the EPA is incorporating 
by reference the EPA-approved South Carolina UST Program. Section 
282.90(d)(1)(ii) identifies the State's statutes and regulations that 
are part of the approved State UST Program, although not incorporated 
by reference for enforcement purposes. Section 282.90(d)(1)(iii) 
identifies the State's statutory and regulatory provisions that are 
broader in scope or external to the State's approved UST Program and 
therefore not incorporated by reference. Section 282.90(d)(2) through 
(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 
part of the UST Program under subtitle I of RCRA.

D. What is the effect of the EPA's codification of the federally 
approved South Carolina 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 South Carolina, 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 South Carolina's procedural and enforcement authorities, 
although they are listed in 40 CFR 282.90(d)(1)(ii).

E. What State provisions are not part of the codification?

    As discussed in section I.H. above, some provisions of the State's 
UST Program are not part of the federally approved State UST Program 
because they are broader in scope than the Federal UST program. 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. See 40 CFR 281.12(a)(3)(ii). 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 282.90(d)(1)(iii) lists the South 
Carolina statutory and regulatory provisions which are broader in scope 
than the Federal program or external to state UST program approval 
requirements. These provisions are, therefore, not part of the approved 
UST Program that the EPA is codifying. 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 actions merely approve and codify South Carolina'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;
     Do not provide the 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); and

[[Page 15600]]

     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.
    The Congressional Review Act, 5 U.S.C. 801 et seq., as added by the 
Small Business Regulatory Enforcement Fairness Act of 1996, 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. The 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). This 
final action will be effective May 24, 2021.

List of Subjects in 40 CFR Parts 281 and 282

    Environmental protection, Administrative practice and procedure, 
Hazardous substances, Incorporation by reference, Indian country, 
Petroleum, Reporting and recordkeeping requirements, State program 
approval, Underground storage tanks.

    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.

    Dated: February 26, 2021.
John Blevins,
Acting Regional Administrator, Region 4.

    For the reasons set forth in the preamble, the 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. Revise Sec.  282.90 to read as follows:


Sec.  282.90  South Carolina State-Administered Program.

    (a) History of the approval of South Carolina's program. The State 
of South Carolina (South Carolina or State) is approved to administer 
and enforce an underground storage tank (UST) program in lieu of the 
Federal program under subtitle I of the Resource Conservation and 
Recovery Act of 1976 (RCRA or Act), as amended, 42 U.S.C. 6991 et seq. 
The State's Underground Storage Tank Program (UST Program), as 
administered by the South Carolina Department of Health and 
Environmental Control (DHEC), was approved by EPA pursuant to 42 U.S.C. 
6991c and part 281 of this chapter. EPA approved the South Carolina UST 
Program on August 28, 2002 and it was effective on September 27, 2002. 
A subsequent program revision was approved by EPA and became effective 
May 24, 2021.
    (b) Enforcement authority. South Carolina has primary 
responsibility for administering and enforcing its federally approved 
UST 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) Retention of program approval. To retain program approval, 
South Carolina must revise its approved UST 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 South Carolina 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) Final approval. South Carolina has final approval for the 
following elements of its UST Program submitted to EPA and approved 
effective September 27, 2002, and the program revisions approved by EPA 
effective on May 24, 2021:
    (1) State statutes and regulations--(i) Incorporation by reference. 
The South Carolina materials cited in this paragraph (d)(1)(i), and 
listed in appendix A to this part, are incorporated by reference as 
part of the UST 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 access copies of the South Carolina statutes and regulations that 
are incorporated by reference in this paragraph (d)(1)(i) from the 
South Carolina State Register, 223 Blatt Building, 1105 Pendleton 
Street, Columbia, South Carolina 29201; Phone number: (803) 212-4500; 
website: https://www.scstatehouse.gov/. You may inspect all approved 
material at EPA Region 4, 61 Forsyth Street SW, Atlanta, Georgia 30303; 
Phone number: (404) 562-9900; or the National Archives and Records 
Administration (NARA), email: [email protected], website: https://www.archives.gov/federal-register/cfr/ibr-locations.html.
    (A) ``South Carolina Statutory Requirements Applicable to the 
Underground Storage Tank Program,'' dated September 9, 2020.
    (B) ``South Carolina Regulatory Requirements Applicable to the 
Underground Storage Tank Program,'' dated September 9, 2020.
    (ii) Legal basis. EPA considered the following statutes and 
regulations which provide the legal basis for the State's 
implementation of the UST Program, but they are not being incorporated 
by reference and do not replace Federal authorities:
    (A) State Underground Petroleum Environmental Response Bank Act 
(SUPERB) of 1988, S.C. Code Ann. sections 44-2-10 to 44-2-150 (2010). 
(1) Section 44-2-50(A) and (C) Regulations to be promulgated. Insofar 
as it provides for the promulgation of regulations for the 
implementation, compliance monitoring, and enforcement of the UST 
Program.
    (2) Section 44-2-70(B) Financial responsibility of underground 
storage tank owners and operators. As to the first sentence, insofar as 
it provides for the promulgation of regulations specifying financial 
responsibility requirements and for taking corrective action and 
compensating third parties for bodily injury and property damage caused 
by accidental releases arising from operating an underground storage 
tank.
    (3) Section 44-2-140 Enforcement of chapter or department order, 
penalties for violations. Insofar as it provides for compliance 
monitoring and enforcement of the underground storage tank 
requirements.
    (B) South Carolina Underground Storage Tank Control Regulations, R. 
61-92 (2017). (1) Section 280.26, Delivery Prohibitions. Insofar as it 
identifies specific authorities for

[[Page 15601]]

enforcement response and delivery prohibition requirements.
    (2) Section 280.67, Public Participation. Insofar as it identifies 
specific authorities for enabling public participation in the 
corrective action process.
    (3) Section 280.301, Violations and Penalties. Insofar as it 
provides for notice to violators, assessment of penalties, criminal 
prosecution, and appeals under the SUPERB Act.
    (4) Section 280.302, Appeals. Insofar as it provides for appeal of 
any determination by DHEC under the provisions of S.C. Code Ann. Regs. 
61-72, Procedures for Contested Cases, and the State Administrative 
Procedures Act.
    (C) SUPERB Site Rehabilitation and Fund Access Regulations, R.61-
98. Insofar as it contains requirements for site rehabilitation for 
releases from underground storage tanks, access to the SUPERB Account, 
and certification of site rehabilitation contractors.
    (D) South Carolina Rules of Civil Procedure, Rule 24(a)(2), 
Intervention. Insofar as it provides for public participation in the 
State enforcement process.
    (iii) Other provisions not incorporated by reference. The following 
statutory and regulatory provisions applicable to the South Carolina 
UST Program are broader in scope than the Federal program or external 
to the state UST program approval requirements. Therefore, these 
provisions are not part of the approved UST Program and are not 
incorporated by reference herein:
    (A) State Underground Petroleum Environmental Response Bank Act 
(SUPERB) of 1988, S.C. Code Ann. sections 44-2-10 to 44-2-150 (2010).
    (1) Section 44-2-40, insofar as it provides for the creation of a 
SUPERB Account and SUPERB Financial Responsibility Fund (collectively, 
``State funds''), and establishes criteria for accessing the funds.
    (2) Section 44-2-50(B), is external insofar as it contains 
obligations on the State agency, not a regulated entity.
    (3) Section 44-2-60, insofar as it requires registration, beyond 
the Federal notification requirements, and the payment of registration 
fees for underground storage tanks.
    (4) Section 44-2-75, insofar as it provides for a means of 
establishing insurance pools to demonstrate financial responsibility.
    (5) Section 44-2-90, insofar as it refers to interest collected on 
State funds and the sunset date of the environmental impact fee.
    (6) Section 44-2-110, insofar as it establishes criteria for 
qualified expenditure of funds from the SUPERB Account.
    (7) Section 44-2-115, insofar as it regulates eligibility for the 
SUPERB Account.
    (8) Section 44-2-120, insofar as it establishes requirements for 
site rehabilitation contractors.
    (9) Section 44-2-130, insofar as it establishes criteria for 
compensation from the SUPERB Account.
    (10) Section 44-2-150, insofar as it establishes provisions for the 
creation and operations of a SUPERB Advisory Committee.
    (B) South Carolina Underground Storage Tank Control Regulations, 
R.61-92 (2017). (1) Section 280.10(d), insofar as it requires UST 
systems to be permitted or registered with DHEC.
    (2) Section 280.20, as to the text ``obtain permits in accordance 
with section 280.23 and'' in the introductory paragraph, and the text 
``on the Permit to Operate application form in accordance with Section 
280.23'' in (f), insofar as they require UST systems to be permitted by 
DHEC.
    (3) Sections 280.22(h) and (i), insofar as they require UST systems 
to be registered with DHEC.
    (4) Section 280.23, insofar as it requires UST systems to be 
permitted by DHEC.
    (5) Sections 280.101(b) through (e), insofar as they establish 
regulations for the administration of the State funds.
    (6) Section 280.240(b), is external insofar as it contains 
obligations on the State agency, not a regulated entity.
    (7) Section 280.300, insofar as it gives DHEC broad authority to 
grant variances that may be beyond the scope of that allowed by the 
Memorandum of Agreement between DHEC and EPA.
    (2) Statement of legal authority. The Attorney General's Statement 
and Statement of Independent Legal Counsel, signed by DHEC's General 
Counsel in lieu of the Attorney General on March 27, 2019, though not 
incorporated by reference, is referenced as part of the approved 
underground storage tank program under subtitle I of RCRA, 42 U.S.C. 
6991 et seq.
    (3) Demonstration of procedures for adequate enforcement. The 
``Demonstration of Adequate Enforcement Procedures'' submitted on April 
16, 2019, though not incorporated by reference, is referenced as part 
of the approved underground storage tank program under subtitle I of 
RCRA, 42 U.S.C. 6991 et seq.
    (4) Program description. The program description and any other 
material submitted on April 16, 2019, 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 4 and the South Carolina DHEC, signed by the 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. Amend appendix A to part 282 by revising the entry for South 
Carolina to read as follows:

Appendix A to Part 282--State Requirements Incorporated by Reference in 
Part 282 of the Code of Federal Regulations

* * * * *

South Carolina

    (A) The statutory provisions include:
    State Underground Petroleum Environmental Response Bank Act 
(SUPERB) of 1988, S.C. Code Ann. sections 44-2-10 to 44-2-150 
(2010):
    44-2-10 Short Title.
    44-2-20 Definitions.
    44-2-70 Financial responsibility of underground storage tank 
owners and operators; except the first sentence of (B).
    44-2-80 Release of regulated substance; containment, removal, 
and abatement.
    (B) The regulatory provisions include:
    South Carolina Underground Storage Tank Control Regulations, 
R.61-92 (2017):
    280.10 Applicability, except (d).
    280.11 Installation requirements for partially excluded UST 
systems.
    280.12 Definitions.
    280.20 Performance standards for new UST systems, except for the 
text ``obtain permits in accordance with section 280.23 and'' in the 
introductory paragraph, and the text ``on the Permit to Operate 
application form in accordance with Section 280.23'' in (f).
    280.21 Upgrading of Existing UST systems.
    280.22 Notification requirements, except (h) and (i).
    280.24 Testing.
    280.25 Secondary containment required.
    280.30 Spill and overfill control.
    280.31 Operation and maintenance of corrosion protection.
    280.32 Compatibility.
    280.33 Repairs allowed.
    280.34 Reporting and recordkeeping.
    280.35 Periodic testing of spill prevention equipment and 
containment sumps used for interstitial monitoring of piping and 
periodic inspection of overfill prevention equipment.
    280.36 Periodic operation and maintenance walkthrough 
inspections.
    280.40 General requirements for all UST systems.
    280.41 Requirements for petroleum UST systems.
    280.42 Requirements for hazardous substance UST systems.

[[Page 15602]]

    280.43 Methods of release detection for tanks.
    280.44 Methods of release detection for piping.
    280.45 Release detection recordkeeping.
    280.50 Reporting of suspected releases.
    280.51 Investigation due to off-site impacts.
    280.52 Release investigation and confirmation steps.
    280.53 Reporting and cleanup of spills and overfills.
    280.60 General.
    280.61 Initial response.
    280.62 Initial abatement measures and site check.
    280.63 Initial site characterization.
    280.64 Free product removal.
    280.65 Investigations for soil and ground-water cleanup.
    280.66 Corrective action plan.
    280.70 Temporary closure.
    280.71 Permanent closure and changes-in-service.
    280.72 Assessing the site at closure or change-in-service.
    280.73 Applicability to previously closed UST systems.
    280.74 Closure records.
    280.90 Applicability.
    280.91 Compliance dates.
    280.92 Definition of terms.
    280.93 Amount and scope of required financial responsibility.
    280.94 Allowable mechanisms and combinations of mechanisms.
    280.95 Financial test of self-assurance.
    280.96 Guarantee.
    280.97 Insurance and risk retention group coverage.
    280.98 Surety Bond.
    280.99 Letter of credit.
    280.100 Use of state-required mechanism [Reserved].
    280.101 State fund or other state assurance, except (b) through 
(e).
    280.102 Trust Fund.
    280.103 Standby trust fund.
    280.104 Local government bond rating test.
    280.105 Local government financial test.
    280.106 Local government guarantee.
    280.107 Local government fund.
    280.108 Substitution of financial assurance mechanisms by owner 
or operator.
    280.109 Cancellation or non-renewal by a provider of financial 
assurance.
    280.110 Reporting by owner or operator.
    280.111 Recordkeeping.
    280.112 Drawing on financial assurance mechanisms.
    280.113 Release from the requirements.
    280.114 Bankruptcy or other incapacity of owner or operator or 
provider of financial assurance.
    280.115 Replenishment of guarantees, letters of credit, or 
surety bonds.
    280.116 Suspension of enforcement [Reserved].
    280.200 Definitions.
    280.210 Participation in management.
    280.220 Ownership of an underground storage tank or underground 
storage tank system or facility or property on which an underground 
storage tank or underground storage tank system is located.
    280.230 Operating an underground storage tank or underground 
storage tank system.
    280.240 General requirement for all UST systems, except (b).
    280.241 Designation of Class A, B, and C operators.
    280.242 Requirements for operator training.
    280.243 Timing of operator training.
    280.244 Retraining.
    280.245 Documentation.
    280.250 Definitions.
    280.251 General Requirements.
    280.252 Additions, exceptions, and alternatives for UST systems 
with field-constructed tanks and airport hydrant systems.
    (C) Copies of the South Carolina statutes and regulations that 
are incorporated by reference are available from the South Carolina 
State Register, 223 Blatt Building, 1105 Pendleton Street, Columbia, 
South Carolina 29201; Phone number: (803) 212-4500; website: https://www.scstatehouse.gov/.

[FR Doc. 2021-05422 Filed 3-23-21; 8:45 am]
BILLING CODE 6560-50-P