[Federal Register Volume 87, Number 16 (Tuesday, January 25, 2022)]
[Rules and Regulations]
[Pages 3679-3684]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-01296]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 282
[EPA-R04-UST-2020-0696; FRL-9057-02-R4]
Commonwealth of Kentucky: Codification and Incorporation by
Reference of Approved State Underground Storage Tank Program
AGENCY: Environmental Protection Agency (EPA).
ACTION: Direct final rule.
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[[Page 3680]]
SUMMARY: The Resource Conservation and Recovery Act of 1976 (RCRA), as
amended, authorizes the Environmental Protection Agency (EPA) to grant
approval to States to operate their underground storage tank (UST)
programs in lieu of the Federal program. The Commonwealth of Kentucky
(Commonwealth or State) applied to the EPA for final approval of its
UST Program on October 7, 2019, and on September 16, 2020, the EPA
published a final determination and approval of the Commonwealth's UST
Program. This action codifies the EPA's prior approval of the
Commonwealth's UST Program, and incorporates by reference approved
provisions of the State's statutes and regulations.
DATES: This rule is effective March 28, 2022, unless the EPA receives
adverse comment by February 24, 2022. 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
March 28, 2022.
ADDRESSES: Comments may be submitted 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-2020-0696 in the subject line of the message.
Instructions: Submit your comments, identified by Docket ID No.
EPA-R04-UST-2020-0696, 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 is available electronically at https://www.regulations.gov. The
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. The EPA Region 4 requires all visitors
to adhere to the COVID-19 protocol. Please contact Ben Singh for the
COVID-19 protocol requirements prior to your appointment.
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
the 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, local area health
departments, and our Federal partners so that we can respond rapidly as
conditions change regarding COVID-19.
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. 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 enforce,
after the approval is final, under sections 9005 and 9006 of RCRA, and
any other applicable statutory provisions. The incorporation by
reference of the 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.
A. For what has the Commonwealth previously been approved?
On September 16, 2020, the EPA published a notice in the Federal
Register announcing its decision to grant final approval to the
Commonwealth to operate its UST Program as described in an October 7,
2019 State Application (85 FR 57754). The State UST Program regulations
were amended effective April 5, 2019, and included revisions which
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 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.
B. What codification decision has the EPA made in this rule?
In this rule, the EPA is finalizing regulatory text that
incorporates by reference the federally approved Kentucky UST Program.
In accordance with the requirements of 1 CFR 51.5, the EPA is
incorporating by reference the Commonwealth'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 in effect at the time the
EPA granted its approval of the Kentucky UST Program, and only the EPA-
approved provisions of the
[[Page 3681]]
Kentucky UST Program will be incorporated by reference.
To codify the EPA's approval of Kentucky's UST Program, the EPA has
added section 282.67 to Title 40 of the CFR. More specifically, in 40
CFR 282.67(d)(1)(i), the EPA is incorporating by reference the EPA-
approved Kentucky UST Program. Section 282.67(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, unless they impose obligations on regulated entities. Section
282.67(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 282.67(d)(2) through (d)(5) reference the Attorney General's
Statement, Demonstration of Adequate Enforcement Procedures, Program
Description, and Memorandum of Agreement, which are part of the State
Application and part of the UST Program under subtitle I of RCRA.
C. What is the effect of the EPA's codification of the federally
approved Kentucky 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 Kentucky, 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 the
Commonwealth's procedural and enforcement authorities, although they
are listed in 40 CFR 282.67(d)(1)(ii) and were previously considered by
the EPA in determining the adequacy of Kentucky's enforcement
authority. The Commonwealth's authority to inspect and enforce the
State's UST Program continues to operate independently under State law.
D. What State provisions are not part of the codification?
Some provisions of the State's UST Program are not part of the
federally approved State 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 282.67(d)(1)(iii) lists the Kentucky 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.
E. 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 action as noncontroversial and
anticipate no adverse comment. Notice and opportunity for comment were
provided earlier on the EPA's decision to approve the Kentucky program,
and the EPA is not now reopening that decision nor requesting comment
on it.
F. What happens if the EPA receives comments that oppose this
codification?
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 codify the State's
UST Program, and provides an opportunity for public comment. If the EPA
receives comments that oppose this codification, 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
codification of the State UST Program after considering all comments
received during the comment period. The EPA will then address all
public comments in a later final rule.
II. Statutory and Executive Order Review
This action merely codifies Kentucky's UST Program that the EPA has
previously approved pursuant to RCRA Section 9004 and does not impose
additional requirements other than those imposed by State law. For
these reasons, this action:
Is not a significant regulatory action and has been
exempted from 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);
Does not impose an information collection burden under the
provisions of the Paperwork Reduction Act (44 U.S.C. 3501 et seq.);
Is 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.);
Does 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);
Does not have federalism implications as specified in
Executive Order 13132 (64 FR 43255, August 10, 1999);
Is not an economically significant regulatory action based
on health or safety risks subject to Executive Order 13045 (62 FR
19885, April 23, 1997);
Is not subject to Executive Order 13211 (66 FR 28355, May
22, 2001) because it is not a ``significant regulatory action'' under
Executive Order 12866 (58 FR 51735, October 4, 1993);
Is 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;
Does 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
Does 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
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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 March 28, 2022.
List of Subjects in 40 CFR Part 282
Administrative practice and procedure, Environmental protection,
Hazardous substances, Incorporation by reference, Petroleum, Reporting
and recordkeeping requirements, State program approval, and 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: January 18, 2022.
Daniel Blackman,
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.
Subpart B--Approved State Programs
0
2. Add Sec. 282.67 to read as follows:
Sec. 282.67 Kentucky State-Administered Program.
(a) History of the approval of Kentucky's UST Program. The
Commonwealth of Kentucky (Commonwealth or Kentucky) 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), as amended, 42 U.S.C.
6991 et seq. The State's UST Program, as administered by the Kentucky
Department for Environmental Protection (KDEP), was approved by the EPA
pursuant to 42 U.S.C. 6991c and part 281 of this chapter. The EPA
published the notice of final determination approving the Kentucky UST
Program on September 16, 2020, and that approval became effective
immediately.
(b) Enforcement authority. Kentucky has primary responsibility for
enforcing its UST Program. However, the 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 other statutory and
regulatory provisions.
(c) Retention of program approval. To retain program approval,
Kentucky 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 Kentucky 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. Kentucky has final approval for the following
elements submitted to the EPA and approved effective September 16,
2020.
(1) State statutes and regulations--(i) Incorporation by reference.
The Kentucky materials cited in this paragraph 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
Kentucky statutes and regulations that are incorporated by reference
from the Kentucky Department for Environmental Protection, Underground
Storage Tank Branch, 300 Sower Boulevard, 2nd Floor, Frankfort,
Kentucky 40601. You may also access copies of the statues and
regulations that are incorporated by reference from the Kentucky
Legislative Research Commission at the following website: https://legislature.ky.gov/Pages/index.aspx. 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), email: [email protected]; website:
https://www.archives.gov/federal-register/cfr/ibr-locations.html.
(A) Kentucky Statutory Requirements Applicable to the Underground
Storage Tank Program, dated September 10, 2021.
(B) Kentucky Regulatory Requirements Applicable to the Underground
Storage Tank Program, dated September 10, 2021.
(ii) Legal basis. The EPA considered the following statutes and
regulations which provide the legal basis for the State's
implementation of the UST Program, but these provisions do not replace
Federal authorities. Further, these provisions are not incorporated by
reference, unless the provisions place requirements on regulated
entities.
(A) Kentucky Revised Statutes (KRS), Chapter 61, subchapters 870 to
884 (2018)--insofar as these provisions relate to authorities enabling
public participation and the sharing of information.
(B) Kentucky Revised Statutes (KRS), Chapter 224 (2017):
(1) KRS 224.1-400(9) and (11), insofar as these provisions provide
authority for release reporting and notification to KDEP.
(2) KRS 224.10-100(5), (10), and (28), insofar as these provisions
relate to the general powers and duties of KDEP to prevent pollution,
conduct inspections and compliance monitoring, and promulgate UST
regulations.
(3) KRS 224.10-410, insofar as it relates to the authority of KDEP
to issue an order for corrective measures without a hearing.
(4) KRS 224.10-420(2), insofar as it relates to the administrative
processes governing enforcement proceedings and public participation in
the enforcement process.
(5) KRS 224.10-440, insofar as it relates to regulations governing
the procedural requirements for administrative hearings.
(6) KRS 224.60-105(2)-(4), insofar as these provisions relate to
the general authority of KDEP to regulate USTs and the preemption of
local laws, ordinances, and regulations.
(7) KRS 224.60-120(6), insofar as it relates to the authority of
KDEP to promulgate administrative regulations for implementing
financial responsibility requirements.
(8) KRS 224.60-135(1), (2), and (4), insofar as these provisions
relate to the authority of KDEP to require or initiate corrective
action for releases into the environment.
(9) KRS 224.60-137(3), insofar as it relates to the duty of KDEP to
develop standards for corrective action.
(10) KRS 224.60-138, insofar as it relates to the duties of KDEP to
determine whether corrective action for a release from or closure of a
petroleum UST has been completed.
(11) KRS 224.60-155, insofar as it relates to the authority of KDEP
to assess a civil penalty for failure to
[[Page 3683]]
comply with the administrative regulations.
(12) KRS 224.99-010(9), insofar as it applies to KRS 224.1-400, and
relates to the authority to assess a civil penalty and the concurrent
jurisdiction and venue of the Franklin Circuit Court.
(13) KRS 224.99-020, insofar as it relates to the authority to
commence an enforcement action to require compliance, or recovery of
penalties or costs.
(C) Kentucky Rules of Civil Procedure, Rule 24, insofar as it
provides for public participation in the State enforcement process,
including intervention.
(D) 401 Kentucky Administrative Regulations (KAR) 42:020 (2019)--
Section 18, insofar as it relates to the authority of KDEP to implement
delivery prohibition.
(E) 400 Kentucky Administrative Regulations (KAR) Chapter 1 (2018):
(1) 400 KAR 1:090, insofar as it establishes procedures for
administrative hearings to enforce compliance, and provides for public
participation.
(2) 400 KAR 1:100, insofar as it contains the general
administrative hearing practice provisions governing matters brought to
enforce compliance with the UST Program.
(iii) Other provisions not incorporated by reference. The following
statutory and regulatory provisions 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
program, and are not incorporated by reference herein:
(A) Kentucky Revised Statutes (KRS) Chapter 224:
(1) KRS 224.60-110 is external insofar as it contains the Kentucky
General Assembly's legislative intent with respect to the regulation of
petroleum underground storage tanks.
(2) KRS 224.60-130 is broader in scope insofar as it relates to the
administration of the petroleum storage tank environmental assurance
fund.
(3) KRS 224.60-135(3) is external insofar as it relates to the
obligation of KDEP to notify the UST owner or operator prior to
initiating or contracting for corrective action.
(4) KRS 224.60-135(5) is broader in scope insofar as it relates to
the authority of the State Fire Marshal to promulgate regulations
requiring persons who install, repair, close or remove USTs to
demonstrate financial assurance.
(5) KRS 224.60-137(1), (2), and (4) are external insofar as they
relate to contracting with the University of Kentucky for the purpose
of updating standards for corrective action and for the Cabinet to
develop an inventory of facilities eligible for reimbursement.
(6) KRS 224.60-140 is broader in scope insofar as it relates to the
creation and administration of a petroleum storage tank environmental
assurance fund.
(7) KRS 224.60-142 is broader in scope insofar as it relates to UST
registration requirements applicable to participation in the petroleum
storage tank environmental assurance fund.
(8) KRS 224.60-145 is broader in scope insofar as it relates to the
establishment of an environmental assurance fee and deposit fee, and
insofar as it relates to administration of accounts in the petroleum
storage tank environmental assurance fund.
(9) KRS 224.60-150 is broader in scope insofar as it relates to the
authority to levy and collect a fee from owners or operators of USTs
for the purpose of funding the administration of the UST Program.
(10) KRS 224.60-160 is external insofar as it relates to the
severability of any provision of the statute.
(B) 401 Kentucky Administrative Regulations (KAR) Chapter 42:
(1) 401 KAR 42:020
(i) Section 2(1)(b) is external insofar as it relates to the
attendance of a KDEP representative during installation.
(ii) Sections 2(2)-(6) are broader in scope insofar as they relate
to UST registration requirements.
(iii) Section 2(7)(c) is broader in scope insofar as it relates to
the submittal of an amended UST Registration Form for UST sale.
(iv) Sections 2(8)-(9) are broader in scope insofar as they relate
to registration requirements and the collection of annual fees.
(v) Section 3(1) is broader in scope insofar as it relates to the
submittal of an amended UST Registration Form for temporary closure.
(vi) Section 7 is broader in scope insofar as it places
requirements on shear valves, components that are not UST system
components.
(vii) Sections 11(4) and (9) are broader in scope insofar as they
place certification and qualification requirements directly on
corrosion prevention, protection, and repair contractors.
(viii) Section 13(2) is broader in scope insofar as it requires
repair contractors to be certified by the State Fire Marshal.
(ix) Sections 15(6) and (7) are broader in scope insofar as they
place qualification requirements directly on system equipment testers
to validate equipment test results.
(x) Section 22 is external insofar as it relates to the authority
of KDEP to extend compliance deadlines.
(2) 401 KAR 42:060
(i) Section 2 is external insofar as it relates to the authority of
the Environmental Response Team during environmental emergencies.
(ii) Section 7 is external insofar as it relates to classification
of UST facilities following closure or a release.
(iii) Section 8 is external insofar as it relates to the authority
of KDEP to issue a no further action letter.
(iv) Section 9 is external insofar as it relates to the authority
of KDEP to extend compliance deadlines.
(3) 401 KAR 42:250 is broader in scope insofar as it establishes
eligibility requirements and procedures for the petroleum storage tank
environmental assurance fund.
(4) 401 KAR 42:330 is broader in scope insofar as it establishes
the eligibility requirements and rates for reimbursement from the Small
Owners Tank Removal Account.
(2) Statement of legal authority. The Attorney General's statement,
signed by the General Counsel for the Kentucky Energy and Environment
Cabinet on September 23, 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 as part
of the original application on October 7, 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 as part of the original application on October 7,
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 Energy and Environment Cabinet, Kentucky
Department for Environmental Protection, signed by the EPA Regional
Administrator on August 18, 2020, though not incorporated by reference,
is referenced as part of the approved underground storage tank program
under subtitle I of RCRA, 42 U.S.C. 6991 et seq.
[[Page 3684]]
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3. Amend appendix A to part 282 by adding an entry for ``Kentucky'' to
read as follows:
Appendix A to Part 282--State Requirements Incorporated by Reference in
Part 282 of the Code of Federal Regulations
* * * * *
Kentucky
(a) The statutory provisions include:
(1) Kentucky Revised Statutes (KRS) Chapter 224.
224.60-100 Underground storage tanks and regulated substances
defined.
224.60-105(1) Registration of underground storage tanks--
Programs to regulate tanks.
224.60-115 Definitions for KRS 224.60-120 to 224.60-150.
224.60-120 Financial responsibility of petroleum storage tank
owner or operator--Administrative regulations, except (6).
224.60-135(1) Corrective action for a release into the
environment from a petroleum storage tank, except the second
sentence in (1).
(2) [Reserved]
(b) The regulatory provisions include:
(1) 401 Kentucky Administrative Regulations (KAR) Chapter 42.
401 KAR 42:005. Definitions for 401 KAR Chapter 42.
401 KAR 42:020. UST system requirements, notification,
registration, and annual fees.
Section 1. Applicability and Exclusions.
Section 2. Notification, Registration, and Annual Fees, except
(1)(b), (2)-(6), and certain provisions in (7)(c), (8) and (9).
Section 3. Temporary Closure, except (1).
Section 4. Performance Standards for New UST Systems.
Section 5. Upgrading of Existing UST Systems.
Section 6. Double Walled Tanks and Piping Requirements.
Section 8. Spill Containment Devices (Spill Buckets and Catch
Basins).
Section 9. Overfill Prevention Requirements.
Section 10. Under-dispenser Containment (UDC) and Sump
Requirements.
Section 11. Corrosion Protection Operation and Maintenance,
except certain language in (4) and (9).
Section 12. Compatibility.
Section 13. Repairs, except (2).
Section 14. Noncorrodible Piping.
Section 15. Release Detection, except (6) and (7).
Section 16. Operator Training Requirements.
Section 17. Walkthrough Inspections.
Section 19. Recordkeeping.
Section 20. Financial Responsibility.
Section 21. Lender Liability.
Section 23. Incorporation by Reference.
401 KAR 42:060. UST system release and corrective action
requirements.
Section 1. Reporting for Releases, Spills, and Overfills.
Section 3. Off-Site Impacts.
Section 4. Release Investigation and Confirmation.
Section 5. Release Response and Corrective Action.
Section 6. Permanent Closure or Change in Service.
Section 10. Incorporation by Reference.
(2) [Reserved]
* * * * *
[FR Doc. 2022-01296 Filed 1-24-22; 8:45 am]
BILLING CODE 6560-50-P