[Federal Register Volume 89, Number 97 (Friday, May 17, 2024)]
[Rules and Regulations]
[Pages 43322-43328]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-10775]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 282

[EPA-R07-UST-2023-0491; FRL-11446-02-R7]


Missouri: 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: Pursuant to the Resource Conservation and Recovery Act (RCRA 
or Act), the Environmental Protection Agency (EPA) is taking direct 
final action to approve revisions to the State of Missouri's 
Underground Storage Tank (UST) program submitted by the Missouri 
Department of Natural Resources (MDNR). This action also codifies EPA's 
approval of Missouri's State program and incorporates 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 RCRA and other applicable 
statutory and regulatory provisions.

DATES: This rule is effective July 16, 2024, unless EPA receives 
adverse comment by June 17, 2024. If EPA receives adverse comments, 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 July 16, 2024, in 
accordance with 5 U.S.C. 552(a) and 1 CFR part 51.

ADDRESSES: Submit your comments 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-R07-UST-
2023-0491. 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, EPA recommends that you include your 
name and other contact information in the body of your comment and also 
with any disk or CD-ROM you submit. If EPA cannot read your comment due 
to technical difficulties, and cannot contact you for clarification, 
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. EPA encourages electronic submittals, 
but if you are unable to submit electronically, please reach out to the 
EPA contact person listed in the document for assistance.
    Docket: All documents in the docket are listed in the https://www.regulations.gov index. Although listed in the index, some 
information might not be publicly available, e.g., CBI or other 
information whose disclosure is restricted by statute. Publicly 
available docket materials are available electronically through https://www.regulations.gov.
    IBR and supporting material: You can view and copy the documents 
that form the basis for this codification and associated publicly 
available materials either through https://www.regulations.gov or by 
contacting Douglas Drouare at (913) 551-7299 or 
[email protected]. Please call or email the contact listed above 
if you need access to material indexed but not provided in the docket.

FOR FURTHER INFORMATION CONTACT: Douglas E. Drouare, Tanks, Toxics, and 
Pesticides Branch, Land, Chemical, and Redevelopment Division, U.S. 
Environmental Protection Agency, Region 7, 11201 Renner Boulevard, 
Lenexa, Kansas 66219; telephone number: (913) 551-7299; email address: 
[email protected].

SUPPLEMENTARY INFORMATION:

I. Approval of Revisions to Missouri's Underground Storage Tank Program

A. Why are revisions to State 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 an underground 
storage tank program that is equivalent to, consistent with, and no 
less stringent than the Federal UST program. Either EPA or the approved 
State may initiate program revision. When 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. Program revision may be necessary 
when the controlling Federal or State statutory or regulatory authority 
is modified or when responsibility for the State program is shifted to 
a new agency or agencies.

B. What decisions has the EPA made in this rule?

    On August 11, 2023, in accordance with 40 CFR 281.51(a), Missouri 
submitted a complete program revision application seeking the EPA 
approval for its UST program revisions (State Application). Missouri's 
revisions correspond to the EPA final rule

[[Page 43323]]

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 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. We 
have reviewed the State Application and determined that the revisions 
to Missouri's UST program are equivalent to, consistent with, and no 
less stringent than the corresponding Federal requirements in subpart C 
of 40 CFR part 281, and that the Missouri program provides for adequate 
enforcement of compliance (40 CFR 281.11(b)). Therefore, the EPA grants 
Missouri final approval to operate its UST program with the changes 
described in the program revision application and as outlined below in 
section I.G. of this document.

C. What is the effect of this approval decision?

    This action does not impose additional requirements on the 
regulated community because the regulations being approved by this rule 
are already effective in Missouri and they are not changed by this 
action. This action merely approves the existing State regulations as 
meeting the Federal requirements and renders them federally 
enforceable.

D. Why is EPA using a direct final rule?

    EPA is publishing this direct final rule concurrent with a proposed 
rule because we view this as a noncontroversial action and anticipate 
no adverse comment. EPA is providing an opportunity for public comment 
now.

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

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

    On May 5, 2004, the EPA finalized a rule approving the UST program, 
effective June 5, 2004, to operate in lieu of the Federal program. The 
State's program has not previously been codified.

G. What changes are we approving with this action?

    On August 11, 2023, in accordance with 40 CFR 281.51(a), Missouri 
submitted a complete application for final approval of its UST program 
revisions adopted on May 17, 2017. The EPA now makes an immediate final 
decision, subject to receipt of written comments that oppose this 
action, that Missouri's UST program revisions satisfy all of the 
requirements necessary to qualify for final approval. Therefore, EPA 
grants Missouri final approval for the following program changes:

------------------------------------------------------------------------
        Required Federal element           Implementing State authority
------------------------------------------------------------------------
40 CFR 281.30, New UST Systems and       10 CSR 26-2.019, 2.020 & 2.022.
 Notification.
40 CFR 281.31, Upgrading Existing UST    10 CSR 26-2.021.
 Systems.
40 CFR 281.32, General Operating         10 CSR 26-2.030 through 2.036.
 Requirements.
40 CFR 281.33, Release Detection.......  10 CSR 26-2.040 through 2.048.
40 CFR 281.34, Release Reporting,        10 CSR 26-2.050 through 2.053.
 Investigation, and Confirmation.
40 CFR 281.35, Release Response and      10 CSR 26-2.070 through 2.083.
 Corrective Action.
40 CFR 281.36, Out-of-service Systems    10 CSR 26-2.060 through 2.064.
 and Closure.
40 CFR 281.37, Financial Responsibility  10 CSR 26-3 and 10 CSR 100-1
 for USTs Containing Petroleum.           through 100-6.
40 CFR 281.39, Operator Training.......  10 CSR 100-6
40 CFR 281.41, Legal Authorities for     10 CSR 26-4, Missouri Revised
 Enforcement Response.                    Statutes, Chapters 260, 319,
                                          507, 644 and Missouri Supreme
                                          Court Rules, Rule 52, Rules of
                                          Civil Procedure.
------------------------------------------------------------------------

    The State also demonstrates that its program provides adequate 
enforcement of compliance as described in 40 CFR 281.11(b) and part 
281, subpart D. The MDNR has broad statutory authority with respect to 
USTs to regulate installation, operation, maintenance, closure, and UST 
releases, and to the issuance of orders. These statutory authorities 
are found in: Missouri Revised Statutes, Chapters 260, 319, 507, 644, 
and Missouri Supreme Court Rules--Rule 52 and Missouri Rules 
(regulations) of Department of Natural Resources, Divisions 26 and 100.

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

Broader in Scope Provisions
    The following statutory and regulatory provisions are considered 
broader in scope than the Federal program, and are therefore not 
enforceable as a matter of Federal law pursuant to 40 CFR 
281.12(a)(3)(ii):
Missouri Revised Statutes
Revised Statutes of Missouri, RSMo section 260
Revised Statutes of Missouri, RSMo section 319.100
Revised Statutes of Missouri, RSMo section 319.103
Revised Statutes of Missouri, RSMo section 319.105
Revised Statutes of Missouri, RSMo section 319.107
Revised Statutes of Missouri, RSMo section 319.109
Revised Statutes of Missouri, RSMo section 319.111
Revised Statutes of Missouri, RSMo section 319.114
Revised Statutes of Missouri, RSMo section 319.117
Revised Statutes of Missouri, RSMo section 319.120

[[Page 43324]]

Revised Statutes of Missouri, RSMo section 319.123
Revised Statutes of Missouri, RSMo section 319.125
Revised Statutes of Missouri, RSMo section 319.127
Revised Statutes of Missouri, RSMo section 319.129
Revised Statutes of Missouri, RSMo section 319.130
Revised Statutes of Missouri, RSMo section 319.131
Revised Statutes of Missouri, RSMo section 319.132
Revised Statutes of Missouri, RSMo section 319.133
Revised Statutes of Missouri, RSMo section 319.135
Revised Statutes of Missouri, RSMo section 319.136
Revised Statutes of Missouri, RSMo section 319.137
Revised Statutes of Missouri, RSMo section 319.138
Revised Statutes of Missouri, RSMo section 319.139
Revised Statutes of Missouri, RSMo section 319.140
Revised Statutes of Missouri, RSMo section 507
Revised Statutes of Missouri, RSMo section 644
Missouri Code of State Regulations
Title 10--Department of Natural Resources
Division 26--Petroleum and Hazardous Substance Storage Tanks
Rules of Department of Natural Resources, Division 26--Petroleum and 
Hazardous Substance Storage Tanks, Chapter 1--Underground and 
Aboveground Storage Tanks--Organization
Rules of Department of Natural Resources, Division 26--Petroleum and 
Hazardous Substance Storage Tanks, Chapter 4--Underground Storage 
Tanks--Administrative Penalties
Rules of Department of Natural Resources, Division 26--Petroleum and 
Hazardous Substance Storage Tanks, Chapter 5--Aboveground Storage 
Tanks--Release Response
Division 100--Petroleum Storage Tank Insurance Fund Board of Trustees
Rules of Department of Natural Resources, Division 100--Petroleum 
Storage Tank Insurance Fund Board of Trustees, Chapter 1--General 
Organization
Rules of Department of Natural Resources, Division 100--Petroleum 
Storage Tank Insurance Fund Board of Trustees, Chapter 2--Definitions
Rules of Department of Natural Resources, Division 100--Petroleum 
Storage Tank Insurance Fund Board of Trustees, Chapter 3--Transport 
Load Fee
Rules of Department of Natural Resources, Division 100--Petroleum 
Storage Tank Insurance Fund Board of Trustees, Chapter 4--Participation 
Requirements
Rules of Department of Natural Resources, Division 100--Petroleum 
Storage Tank Insurance Fund Board of Trustees, Chapter 5--Claims
More Stringent Provisions
    The following regulatory requirements are considered more stringent 
than the Federal program, and on approval, they become part of the 
federally approved program and are federally enforceable pursuant to 40 
CFR 281.12(a)(3)(i):
    Missouri has removed some federally allowed exceptions to corrosion 
protection making them more stringent: 10 CSR 26-2.020, 1, (A) & (B).
    Missouri makes a number of stipulations requiring corrosion 
protection for all metal coming in contact with any ``electrolyte'' 
making them more stringent: 10 CSR 26-2.020 (B) and 10 CSR-2.021, (4).
    Missouri has set a compliance date for new underground storage tank 
system performance standards of July 1, 2017 which would be earlier 
than Federal regulatory requirement making them more stringent: 10 CSR 
26-2.020 (A), (A).5, (B), (B).3, (B).5 & (C).1.B,(III).(c).
    Missouri is more prescriptive and offers fewer options than Federal 
regulations for certification of installation making them more 
stringent: 10 CSR 26-2.022.
    Missouri has more restrictive thresholds (volumetric and timing) 
for overfill devices and alarms than Federal regulations making them 
more stringent: 10 CSR 26-2.020 (C).B.(II).
    Missouri is more prescriptive than Federal regulations as to when 
ball float valves can and cannot be utilized for overfill prevention 
making them more stringent: 10 CSR 26-2.020 (C).B.(III).
    Missouri is more prescriptive than Federal regulations regarding 
compatibility and approval of overfill devices utilized for pressurized 
delivery systems making them more stringent: 10 CSR 26-2.020 
(C).B.(IV).
    Missouri offers fewer acceptable standards and practices for spill 
and overfill prevention than Federal regulations making them more 
stringent: 10 CSR 26-2.030 (9).
    Missouri has added operation and maintenance of corrosion 
protection reporting (performance logs, testing reports) and action 
(what to do if tests fail, cathodic protection found off or not 
working) criteria that is more specific than Federal regulations making 
them more stringent: 10 CSR 26-2.031 (B), (C) and (D).
    Missouri regulations indicate that documents demonstrating 
compatibility of all UST systems, including tanks, piping, release 
detection equipment and all other ancillary equipment with the 
regulated substance being stored are required. This is more expansive 
and stringent than Federal regulations: 10 CSR 26-2.034 (1).(B).3.
    Missouri has a more restricted list of allowable standards and 
practices for repairs allowed than Federal regulations making them more 
stringent: 10 CSR 26-2.033, (2).(A).1.
    Missouri specifies that when repairing cathodically protected metal 
piping that released a regulated substance, the entire length of 
electrically continuous pipe must be replaced. This is more expansive 
and stringent than Federal regulations: 10 CSR 26-2.033, (2).(C).
    Missouri specifies repairs must be done by a person registered with 
the Missouri Department of Agriculture and who has a financial 
responsibility mechanism. This is more expansive and stringent than 
Federal regulations: 10 CSR 26-2.033, (2).(D).
    Missouri is more prescriptive in details and criteria regarding 
testing of containment sumps. In addition, Missouri requires testing of 
all containment sumps. This is more expansive and stringent than 
Federal regulations: 10 CSR 26-2.035, (1) and (2).
    Missouri requires walkthrough inspections immediately for new 
underground storage tank installs. There is not a lessening in 
frequency if deliveries are received less than every thirty days. This 
is more stringent than Federal regulations: 10 CSR 26-2.036, (1), (C), 
1.
    Missouri does not allow groundwater or vapor monitoring for release 
detection after July 1, 2020; except where vapor monitoring is 
accompanied by a tracer chemical. This is more stringent than Federal 
regulations: 10 CSR 26-2.041, (1), (A), 4 and 5.
    Missouri stipulates that interstitial monitoring can only be 
performed with a double-walled tank: not with systems with secondary 
barriers or internal linings. This is more stringent than Federal 
regulations: 10 CSR 26-2.043, (1), (H).
    Missouri allows for only 24 hours for completion of initial release 
response action. There is no flexibility on the timing. This is more 
stringent than Federal regulations: 10 CSR 26-2.071, (1).

[[Page 43325]]

    Missouri allows for only 20 days for completion of initial 
abatement actions. There is no flexibility on the timing. This is more 
stringent than Federal regulations: 10 CSR 26-2.072, (2).
    Missouri allows for only 45 days for completion of site 
characterization actions. There is no flexibility on the timing. This 
is more stringent than Federal regulations: 10 CSR 26-2.074, (2).
    Missouri does not to allow temporary underground storage tank 
closures with product in the tank. This is more stringent than Federal 
regulations: 10 CSR 26-2.012, (1), O, 4.
    Missouri requires permanent closure after 5 years of out of service 
or out of use status. This is more stringent than Federal regulations: 
10 CSR 26-2.060, (4).
    Missouri has prescriptive requirements for bringing an out of 
service or out of use underground storage tank back into service or 
use. This is more stringent than Federal regulations: 10 CSR 26-2.060, 
(5), (6) and (7).
    Missouri has a notification requirement for out of service or out 
of use underground storage tank status changes. This is more stringent 
than Federal regulations: 10 CSR 26-2.060, (9).
    Missouri does not allow leak detection equipment/methods to be used 
to meet the assessing the site at closure or change in service 
requirement. A written procedure for sampling and testing must be 
followed. This is more stringent than Federal regulations: 10 CSR 26-
2.062.
    Missouri regulations have a definition of ``corrosion expert'' that 
is limited to those with a National Association of Corrosion Engineers 
International certification. This is more stringent than Federal 
regulations: 10 CSR 26-2.012, (1), (C), 7.
    Missouri regulations have a definition of ``replaced'' as it 
pertains to piping that includes the language ``or single compartment'' 
that addresses specific situations involving compartmentalized 
underground storage tanks. This is more stringent than Federal 
regulations: 10 CSR 26-2.012, (1), (R), 5, B.
    Missouri regulations have a definition of ``septic tank'' that 
includes the language ``and constructed''. This is more stringent than 
Federal regulations: 10 CSR 26-2.012, (1), (S), 3.

II. Codification

A. What is codification?

    Codification is the process of placing a State's statutes and 
regulations that comprise the State's approved UST program into the 
CFR. Section 9004(b) of RCRA, as amended, allows the EPA to approve 
State UST programs to operate in lieu of the Federal program. The EPA 
codifies its authorization of State programs in 40 CFR part 282 and 
incorporates by reference State statutes and regulations that the EPA 
will enforce under sections 9005 and 9006 of RCRA and any other 
applicable State provisions. The incorporation by reference of State 
authorized programs in the CFR should substantially enhance the 
public's ability to discern the current status of the approved State 
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 Missouri's UST program?

    The EPA has not previously incorporated by reference and codified 
State's approved UST program. Through this action, the EPA is 
incorporating by reference and codifying State's State program in 40 
CFR 282.75 to include the program and the approved revisions.

C. What codification decisions have we made in this rule?

    Incorporation by reference: In this rule, we are finalizing 
regulatory text that includes incorporation by reference. In accordance 
with the requirements of 1 CFR 51.5, we are finalizing the 
incorporation by reference of the federally approved Missouri UST 
program described in the amendments to 40 CFR part 282 set forth below. 
The EPA has made, and will continue to make, this document generally 
available through https://www.regulations.gov or by contacting the EPA 
Region 7 contact listed in the ADDRESSES section of this preamble.
    The purpose of this Federal Register document is to codify 
Missouri's approved UST program. The codification reflects the State 
program that would be in effect at the time EPA's approved revisions to 
the Missouri UST program addressed in this direct final rule become 
final. The document incorporates by reference Missouri's UST statutes 
and regulations and clarifies which of these provisions are included in 
the approved and federally enforceable program. By codifying the 
approved Missouri program and by amending the CFR, the public will more 
easily be able to discern the status of the federally-approved 
requirements of the Missouri program.
    EPA is incorporating by reference the Missouri approved UST program 
in 40 CFR 282.75. Section 282.75(d)(1)(i) incorporates by reference for 
enforcement purposes the State's statutes and regulations.
    Section 282.75 also references the Attorney General's Statement, 
Demonstration of Adequate Enforcement Procedures, the Program 
Description, and the Memorandum of Agreement, which are approved as 
part of the UST program under Subtitle I of RCRA. These documents are 
not incorporated by reference.

D. What is the effect of Missouri's codification on enforcement?

    The EPA retains the authority under sections 9005 and 9006 of 
Subtitle I of RCRA, 42 U.S.C. 6991d and 6991e, and other applicable 
statutory and regulatory provisions to undertake inspections and 
enforcement actions and to issue orders in approved States. With 
respect to these actions, EPA will rely on Federal sanctions, Federal 
inspection authorities, and Federal procedures rather than the State 
authorized analogues to these provisions. Therefore, the EPA is not 
incorporating by reference such particular, approved Missouri 
procedural and enforcement authorities. Section 282.75(d)(1)(ii) of 40 
CFR lists those approved Missouri authorities that would fall into this 
category.

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

    The public also needs to be aware that some provisions of the 
State's UST program are not part of the federally approved State 
program. Such provisions are not part of the RCRA Subtitle I program 
because they are ``broader in scope'' than Subtitle I of RCRA. Section 
281.12(a)(3)(ii) of 40 CFR 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 Federal 
enforcement in part 282. Section 282.75(d)(1)(iii) lists for reference 
and clarity the Missouri statutory and regulatory provisions which are 
broader in scope than the Federal program and which are not, therefore, 
part of the approved program being codified in this document. 
Provisions that are broader in scope cannot be enforced by EPA; the 
State, however, will continue to implement and enforce such provisions 
under State law.

[[Page 43326]]

III. Statutory and Executive Order Reviews

    This action only applies to Missouri's UST Program requirements 
pursuant to RCRA section 9004 and imposes no requirements other than 
those imposed by State law. It complies with applicable Executive 
Orders (EOs) and statutory provisions as follows. Additional 
information about these statutes and Executive Orders can be found at 
https://www.epa.gov/laws-regulations/laws-and-executive-orders.

A. Executive Order 12866: Regulatory Planning and Review and Executive 
Order 14094: Modernizing Regulatory Review

    This action is not a significant regulatory action as defined in 
Executive Order 12866 (58 FR 51735, October 4, 1993), as amended by 
Executive Order 14094 (88 FR 21879, April 11, 2023), because this 
action approves and codifies State requirements for the purpose of RCRA 
section 9004 and imposes no additional requirements beyond those 
imposed by State law. Therefore, this action was not subject to a 
requirement for Executive Order 12866 review.

B. Paperwork Reduction Act (PRA)

    This rule does not impose an information collection burden under 
the provisions of the PRA, 44 U.S.C. 3501 et seq. Burden is defined at 
5 CFR 1320.3(b).

C. Regulatory Flexibility Act (RFA)

    I certify that this action will not have a significant economic 
impact on a substantial number of small entities under the RFA, 5 
U.S.C. 601 et seq., because this action authorizes State requirements 
pursuant to RCRA section 9004 and imposes no requirements beyond those 
imposed by State law.

D. Unfunded Mandates Reform Act (UMRA)

    This action does not contain any unfunded mandates as described in 
UMRA, 2 U.S.C. 1501 et seq., and does not significantly or uniquely 
affect small governments because this action approves and codifies pre-
existing requirements under State law and does not impose any 
additional enforceable duty beyond that required by State law.

E. Executive Order 13175: Consultation and Coordination With Indian 
Tribal Governments

    This action does not have Tribal implications as specified in 
Executive Order 13175 (65 FR 67429, November 9, 2000) because currently 
there are no federally recognized Tribes in Pennsylvania. Thus, 
Executive Order 13175 does not apply to this action.

F. Executive Order 13132: Federalism

    This action will not have substantial direct effects on the States, 
on the relationship between the national government and the States, or 
on the distribution of power and responsibilities among the various 
levels of government, as specified in Executive Order 13132 (64 FR 
43255, August 10, 1999), because it merely approves and codifies State 
requirements as part of the State RCRA underground storage tank program 
without altering the relationship or the distribution of power and 
responsibilities established by RCRA.

G. Executive Order 13045: Protection of Children From Environmental 
Health and Safety Risks

    EPA interprets Executive Order 13045 (62 FR 19885, April 23, 1997) 
as applying only to those regulatory actions that concern environmental 
health or safety risks that EPA has reason to believe may 
disproportionately affect children, per the definition of ``covered 
regulatory action'' in section 2-202 of the Executive Order. Therefore, 
this action is not subject to Executive Order 13045 because it approves 
a State program.

H. Executive Order 13211: Actions That Significantly Affect Energy 
Supply, Distribution, or Use

    This rule is not subject to Executive Order 13211 (66 FR 28355, May 
22, 2001) because it is not a ``significant regulatory action'' as 
defined under Executive Order 12866.

I. National Technology Transfer and Advancement Act (NTTAA)

    Under RCRA section 9004(b), EPA grants a State's application for 
approval as long as the State meets the criteria required by RCRA. It 
would thus be inconsistent with applicable law for EPA, when it reviews 
a State approval application, to require the use of any particular 
voluntary consensus standard in place of another standard that 
otherwise satisfies the requirements of RCRA. Thus, the requirements of 
section 12(d) of the NTTAA, 15 U.S.C. 272 note, do not apply to this 
action.

J. Executive Order 12898: Federal Actions To Address Environmental 
Justice in Minority Populations and Low-Income Populations

    Executive Order 12898 (59 FR 7629, February 16, 1994) directs 
Federal agencies, to the greatest extent practicable and permitted by 
law, to make environmental justice part of their mission by identifying 
and addressing, as appropriate, disproportionately high and adverse 
human health or environmental effects of their programs, policies, and 
activities on minority populations (people of color and/or Indigenous 
peoples) and low-income populations. Because this action approves pre-
existing State rules that are no less stringent than existing Federal 
requirements and imposes no additional requirements beyond those 
imposed by State law, and there are no anticipated significant adverse 
human health or environmental effects, this rule is not subject to 
Executive Order 12898.

K. Congressional Review Act (CRA)

    This action is subject to the CRA, 5 U.S.C. 801 et seq., and EPA 
will submit a rule report containing this document and other required 
information to each House of the Congress 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). However, this action will be effective July 16, 2024 
because it is a direct final rule.

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

List of Subjects in 40 CFR Part 282

    Environmental protection, Administrative practice and procedure, 
Confidential business information, Hazardous substances, Incorporation 
by reference, Insurance, Intergovernmental relations, Oil pollution, 
Penalties, Petroleum, Reporting and recordkeeping requirements, Surety 
bonds, Water pollution control, Water supply.

    Dated: May 9, 2024.
Meghan McCollister,
Regional Administrator, EPA Region 7.

    For the reasons set forth in the preamble, 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. Add Sec.  282.75 to read as follows:

[[Page 43327]]

Sec.  282.75  Missouri State-Administered Program.

    (a) History of the approval of Missouri's program. The State of 
Missouri 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 
Missouri Department of Natural Resources, was approved by EPA pursuant 
to 42 U.S.C. 6991c and part 281 of this Chapter. EPA approved the 
Missouri program on May 5, 2004 and it was effective on June 5, 2004. A 
subsequent program revision application was approved by EPA and became 
effective on July 16, 2024.
    (b) Enforcement authority. Missouri has primary responsibility for 
administering and enforcing its federally approved underground storage 
tank program. However, EPA retains the authority to exercise its 
inspection and enforcement authorities under sections 9005 and 9006 of 
Subtitle I of RCRA, 42 U.S.C. 6991d and 6991e, as well as under any 
other applicable statutory and regulatory provisions.
    (c) Retaining program approval. To retain program approval, 
Missouri must revise its approved program to adopt new changes to the 
federal Subtitle I program which makes it more stringent, in accordance 
with section 9004 of RCRA, 42 U.S.C. 6991c and 40 CFR part 281, subpart 
E. If Missouri obtains approval for the 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 program approval. Missouri has final approval for the 
following elements of its program application originally submitted to 
EPA and approved on May 5, 2004 and effective June 5, 2004, and the 
program revision application approved by EPA, effective on July 16, 
2024:
    (1) State statutes and regulations--(i) Incorporation by reference. 
The provisions 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. This 
material is available for inspection at the EPA and at the National 
Archives and Records Administration (NARA). You may inspect all 
approved material at the EPA Region 7 Office, 11201 Renner Boulevard, 
Lenexa, KS 66219; phone number: (913) 551-7299. For information on the 
availability of this material at NARA, email: [email protected], 
or go to: https://www.archives.gov/federal-register/cfr/ibr-locations. 
You may obtain copies of the Missouri regulations and statutes that are 
incorporated by reference in this paragraph from the Missouri 
Department of Natural Resources website at: https://www.dnr.mo.gov/waste-recycling/business-industry/guidance-technical-assistance/underground-storage-tank-requirements, https://www.dnr.mo.gov/waste-recycling/investigations-cleanups/regulated-storage-tank-closure or the 
Missouri Department of Natural Resources, Underground Storage Tanks 
Section, P.O. Box 176, Jefferson City, Missouri, 65102-0176; phone 
number: (573) 751-6822.
    (A) EPA-Approved Missouri Statutory Requirements Applicable to the 
Underground Storage Tank Program, May 2017.
    (B) EPA-Approved Missouri Regulatory Requirements Applicable to the 
Underground Storage Tank Program, May 2017.
    (ii) Legal basis. 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 for enforcement purposes and do not 
replace Federal authorities. Missouri's no less stringent underground 
storage tank program compliance criteria is included in their 
regulations. Missouri includes brief statements in their statutes 
establishing the authority of the Missouri Department of Natural 
Resources to create and implement the underground storage tank program. 
None of these statutes are incorporated by reference.
    (A) Revised Statutes of Missouri, RSMo section 260.
    (B) Revised Statutes of Missouri, RSMo sections 319.100, 319.103, 
319.105, 319.107, 319.109, 319.111, 319.114, 319.117, 319.120, 319.123, 
319.125, 319.127, 319.129, 319.130, 319.131, 319.132, 319.133, 319.135, 
319.136, 319.137, 319.138, 319.139, 319.140.
    (C) Revised Statutes of Missouri, RSMo section 507.
    (D) Revised Statutes of Missouri, RSMo section 644.
    (E) Missouri Supreme Court Rules--Rule 52--Rules of Civil 
Procedure.
    (F) Rules of Department of Natural Resources, Division 26--Chapters 
1 and 4.
    (G) Rules of Department of Natural Resources, Division 100--
Chapters 1 through 5.
    (iii) Provisions not incorporated by reference. The following 
statutory and regulatory provisions are broader in scope than the 
Federal program, are not part of the approved program, and are not 
incorporated by reference in this section for enforcement purposes:
    (A) Missouri Revised Statutes.
    (1) Revised Statutes of Missouri, RSMo section 260.
    (2) Revised Statutes of Missouri, RSMo sections 319.100, 319.103, 
319.105, 319.107, 319.109, 319.111, 319.114, 319.117, 319.120, 319.123, 
319.125, 319.127, 319.129, 319.130, 319.131, 319.132, 319.133, 319.135, 
319.136, 319.137, 319.138, 319.139, 319.140.
    (3) Revised Statutes of Missouri, RSMo section 507.
    (4) Revised Statutes of Missouri, RSMo section 644.
    (B) Missouri Code of State Regulations.
    (1) Rules of Department of Natural Resources, Division 26--Chapters 
1, 4 and 5.
    (2) Rules of Department of Natural Resources, Division 100--
Chapters 1 through 5.
    (2) Statement of legal authority. The ``Attorney General's 
Statement'', signed by the Missouri Attorney General on May 5, 2004, 
and August 11, 2023, 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 
``Adequate Enforcement of Compliance'' submitted as part of the 
original application on May 5, 2004, and as part of the program 
revision application on August 11, 2023, 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 May 5, 2004, 
and as part of the program revision application on August 11, 2023, 
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 7 and the State of Missouri, signed by the EPA Regional 
Administrator on April 15, 2019, though

[[Page 43328]]

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. In appendix A to part 282 add in alphabetical order the entry 
``Missouri'' to read as follows:

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

* * * * *

Missouri

    (a) The statutory provisions include:
    None.
    (b) The regulatory provisions include:
    Rules of Department of Natural Resources, Division 2--Petroleum 
and Hazardous Substance Storage Tanks, Chapter 2--Underground 
Storage Tanks--Technical Regulations, except for:
    10 CSR 26-2.020, 1, (A) and (B) language that removed some 
federally allowed exceptions to corrosion protection making them 
more stringent.
    10 CSR 26-2.020 (B) and 10 CSR-2.021, (4) language that makes a 
number of stipulations requiring corrosion protection for all metal 
coming in contact with any ``electrolyte'' making them more 
stringent.
    10 CSR 26-2.020 (A), (A).5, (B), (B).3, (B).5 and 
(C).1.B,(III).(c) language that stipulates a compliance date for new 
underground storage tank system performance standards of July 1, 
2017 which would be earlier than Federal regulatory requirement 
making them more stringent.
    10 CSR 26-2.022 language that stipulates fewer options than 
Federal regulations for certification of installation making them 
more stringent.
    10 CSR 26-2.020 (C).B.(II) language that stipulates more 
restrictive thresholds (volumetric and timing) for overfill devices 
and alarms than Federal regulations making them more stringent.
    10 CSR 26-2.020 (C).B.(III) language that stipulates more 
prescriptive uses of ball float valves making them more stringent.
    10 CSR 26-2.020 (C).B.(IV) language that stipulates more 
prescriptive regulations regarding compatibility and approval of 
overfill devices utilized for pressurized delivery systems making 
them more stringent.
    10 CSR 26-2.030 (9) language that stipulates fewer acceptable 
standards and practices for spill and overfill prevention making 
them more stringent.
    10 CSR 26-2.031 (B), (C) and (D) language that added operation 
and maintenance of corrosion protection reporting (performance logs, 
testing reports) and action (what to do if tests fail, cathodic 
protection found off or not working) criteria that is more specific 
than Federal regulations making them more stringent.
    10 CSR 26-2.034 (1).(B).3 language that stipulates documents 
demonstrating compatibility of all UST systems, including tanks, 
piping, release detection equipment and ``all other ancillary 
equipment'' with the regulated substance being stored are required. 
This is more expansive and stringent than Federal regulation.
    10 CSR 26-2.033, (2).(A).1 language that stipulates a more 
restricted list of allowable standards and practices for repairs 
allowed than Federal regulations making them more stringent.
    10 CSR 26-2.033, (2).(C) language that stipulates when repairing 
cathodically protected metal piping that released a regulated 
substance, the entire length of electrically continuous pipe must be 
replaced. This is more expansive and stringent than Federal 
regulations.
    10 CSR 26-2.033, (2).(D) language that stipulates repairs must 
be done by a person registered with the Missouri Department of 
Agriculture and who has a financial responsibility mechanism. This 
is more expansive and stringent than Federal regulations.
    10 CSR 26-2.035, (1) and (2) language that stipulates the 
testing of all containment sumps. This is more expansive and 
stringent than Federal regulations.
    10 CSR 26-2.036, (1), (C), 1 language that requires an immediate 
walkthrough inspection for new underground storage tank installs and 
no lessening in frequency of walkthrough inspections if deliveries 
are received less than every thirty days. This is more stringent 
than Federal regulations.
    10 CSR 26-2.041, (1), (A), 4 and 5 language that does not allow 
groundwater or vapor monitoring for release detection after July 1, 
2020; except where vapor monitoring is accompanied by a tracer 
chemical. This is more stringent than Federal regulations.
    10 CSR 26-2.043, (1), (H). language that stipulates interstitial 
monitoring can only be performed with a double-walled tank: not with 
systems with secondary barriers or internal linings. This is more 
stringent than Federal regulations.
    10 CSR 26-2.071, (1) language that stipulates only 24 hours for 
completion of initial release response action. There is no 
flexibility on the timing. This is more stringent than Federal 
regulations.
    10 CSR 26-2.072, (2) language that stipulates only 20 days for 
completion of initial abatement actions. There is no flexibility on 
the timing. This is more stringent than Federal regulations.
    10 CSR 26-2.074, (2) language that stipulates only 45 days for 
completion of site characterization actions. There is no flexibility 
on the timing. This is more stringent than Federal regulations.
    10 CSR 26-2.012, (1), O, 4 language that does not allow 
temporary underground storage tank closures with product in the 
tank. This is more stringent than Federal regulations.
    10 CSR 26-2.060, (4) language that requires permanent closure 
after 5 years of out of service or out of use status. This is more 
stringent than Federal regulations.
    10 CSR 26-2.060, (5), (6) and (7) language that stipulates 
prescriptive requirements for bringing an out of service or out of 
use underground storage tank back into service or use. This is more 
stringent than Federal regulations.
    10 CSR 26-2.060, (9) language that stipulates a notification 
requirement for out of service or out of use underground storage 
tank status changes. This is more stringent than Federal 
regulations.
    10 CSR 26-2.062 language that stipulates leak detection 
equipment/methods cannot be used to meet the assessing the site at 
closure or change in service requirements. A written procedure for 
sampling and testing must be followed. This is more stringent than 
Federal regulations.
    10 CSR 26-2.012, (1), (C), 7 language that stipulates a 
``corrosion expert'' is limited to those with a National Association 
of Corrosion Engineers International certification. This is more 
stringent than Federal regulations.
    10 CSR 26-2.012, (1), (R), 5, B language that stipulates a 
definition of ``replaced'' as it pertains to piping that includes 
the language ``or single compartment'' that addresses specific 
situations involving compartmentalized underground storage tanks. 
This is more stringent than Federal regulations.
    10 CSR 26-2.012, (1), (S), 3 language that stipulates a 
definition of ``septic tank'' that includes the language ``and 
constructed''. This is more stringent than Federal regulations.
    Rules of Department of Natural Resources, Division 26--Petroleum 
and Hazardous Substance Storage Tanks, Chapter 3--Underground 
Storage Tanks--Financial Responsibility
    Rules of Department of Natural Resources, Division 100--
Petroleum Storage Tank Insurance Fund Board of Trustees, Chapter 6--
UST Operator Training
* * * * *
[FR Doc. 2024-10775 Filed 5-16-24; 8:45 am]
BILLING CODE 6560-50-P