[Federal Register Volume 89, Number 149 (Friday, August 2, 2024)]
[Rules and Regulations]
[Pages 63101-63108]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-16812]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 282

[EPA-R01-UST-2023-0321; FRL-11752-02-R1]


Massachusetts: 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 Massachusetts' 
Underground Storage Tank (UST) program submitted by the Massachusetts 
Department of Environmental Protection (MassDEP). This action also 
codifies EPA's approval of Massachusetts' state program and 
incorporates by reference those provisions of the State statutes and 
regulations that we have determined meet the requirements for approval. 
The provisions will be subject to EPA's inspection and enforcement 
authorities under sections 9005 and 9006 of RCRA Subtitle I and other 
applicable statutory and regulatory provisions.

DATES: This rule is effective October 1, 2024, unless EPA receives 
adverse comment by September 3, 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 a certain publication listed in the regulations is 
approved by the Director of the Federal Register, as of October 1, 
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 online instructions for submitting comments.
    2. Email: [email protected].
    Instructions: Direct your comments to Docket ID No. EPA-R01-UST-
2023-0321. EPA's policy is that all comments received will be included 
in the public

[[Page 63102]]

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. 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 notice 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. Certain other 
material, such as copyrighted material, might be publicly available 
only in hard copy form. Publicly available docket materials are 
available either electronically through www.regulations.gov or in hard 
copy.
    IBR and supporting material: The EPA encourages electronic 
reviewing of these documents, but if you are unable to review these 
documents electronically, please contact Joan Coyle to schedule an 
appointment to view the documents at the EPA Region 1 Library, 5 Post 
Office Square, 1st floor, Boston, MA 02109-3912. The facility is open 
from 8:30 a.m. to 4:00 p.m., Monday through Friday, excluding Federal 
holidays. Interested persons wanting to examine these documents should 
make an appointment at least two weeks in advance. For further 
information on EPA Docket Center services and the current status, 
please visit us online at https://www.epa.gov/dockets.

FOR FURTHER INFORMATION CONTACT: Joan Coyle, (617) 918-1303, 
[email protected].

SUPPLEMENTARY INFORMATION:

I. Approval of Revisions to Massachusetts' Underground Storage Tank 
Program

A. Why are revisions to state programs necessary?

    States that have received final approval from the EPA under RCRA 
section 9004(b) of RCRA, 42 U.S.C. 6991c(b), must maintain 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 December 21, 2022, in accordance with 40 CFR 281.51(a), 
Massachusetts submitted a complete program revision application seeking 
EPA approval for its UST program revisions (State Application). 
Massachusetts' revisions 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 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 Massachusetts' 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 Massachusetts program 
provides for adequate enforcement of compliance (40 CFR 281.11(b)). 
Therefore, the EPA grants Massachusetts 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 today's 
rule are already effective in Massachusetts, and they are not changed 
by today's 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, the EPA is 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 
revision, 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 on the proposal to approve 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 Massachusetts previously been approved?

    On March 17, 1995, effective April 17, 1995 (60 FR 14371), EPA 
approved the State's UST program administered at that time by the 
Massachusetts Department of Fire Services (DFS). Effective December 30, 
1996 (61 FR 56135), EPA codified the Massachusetts' statutes and 
regulations comprising the State's approved UST program, incorporating 
by reference those

[[Page 63103]]

approved provisions that are subject to EPA's inspection and 
enforcement authorities under RCRA sections 9005 and 9006, 42 U.S.C. 
6991d and 6991e, and other applicable statutory and regulatory 
provisions.
    The responsibility for administering the underground storage tank 
program was transferred to the Massachusetts Department of 
Environmental Protection (MassDEP), effective July 1, 2009. MassDEP 
adopted UST regulations (310 CMR 80.00) which became effective on 
January 2, 2015. These maintained the basic requirements established by 
the DFS (Board of Fire Prevention Regulations 527 CMR 9.00) and 
authorized by EPA in 1995. On July 18, 2019, the EPA approved these 
Massachusetts UST program revisions, effective September 16, 2019.

G. What changes are we approving with today's action?

    On December 21, 2022, in accordance with 40 CFR 281.51(a), 
Massachusetts submitted a complete application for final approval of 
its UST program revisions, adopted on October 1, 2021. The EPA now 
makes an immediate final decision, subject to receipt of written 
comments that oppose this action, that Massachusetts' UST program 
revisions satisfy all the requirements necessary to qualify for final 
approval. Therefore, EPA grants Massachusetts final approval for the 
following program changes:

------------------------------------------------------------------------
     Required Federal element           Implementing State authority
------------------------------------------------------------------------
40 CFR 281.30, New UST Systems and  310 CMR 80.14; 80.16; 80.17(1) and
 Notification.                       (2); 80.18; 80.21(1); 80.22; 80.23;
                                     80.64; M.G.L. c.21O,Sec.   5.
40 CFR 281.31, Upgrading Existing   310 CMR 80.19; 80.21; 80.22; 80.64;
 UST Systems.                        M.G.L. c.21O,Sec.   5.
40 CFR 281.32, General Operating    310 CMR 80.03; 80.10; 80.18; 80.22;
 Requirements.                       80.26; 80.27; 80.28; 80.29; 80.30;
                                     80.31; 80.32; 80.33; 80.35; 80.36;
                                     80.64; M.G.L. c.21OSec.   5.
40 CFR 281.33, Release Detection..  310 CMR 80.04; 80.19; 80.26; 80.31;
                                     80.35; 80.64; M.G.L. c.21O, Sec.
                                     5.
40 CFR 281.34, Release Reporting,   310 CMR 80.23; 80.26; 80.31(1)-(3);
 Investigation, and Confirmation.    80.32; 80.38(2); 80.39; 80.40;
                                     80.64; M.G.L. c.21O,Sec.   5;
                                     M.G.L. c.21E Sec.  Sec.   3A, 5, 7,
                                     8, 9.
40 CFR 281.35, Release Response     310 CMR 80.33; 310 CMR 80.38-80.40;
 and Corrective Action.              80.64.
40 CFR 281.36, Out-of-service       310 CMR 80.42; 80.43; 80.46; 80.47;
 Systems and Closure.                80.64.
40 CFR 281.37, Financial            310 CMR 80.04; 80.36; 80.52-80.57;
 Responsibility for USTs             80.59-80.60; 80.64.
 Containing Petroleum.
40 CFR 281.38, Lender Liability...  No security interest exemption
40 CFR 281.39, Operator Training..  310 CMR 80.37; 80.64
40 CFR 281.40, Requirements for     310 CMR 80.10; 80.13; M.G.L. c. 21O,
 Compliance Monitoring and           Sec.   6
 Authority.
40 CFR 281.41, Requirements for     310 CMR 80.48; 80.50; 310 CMR 5.00;
 Enforcement Authority.              M.G.L. c. 21O, Sec.  Sec.   7 and
                                     8.
------------------------------------------------------------------------

    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 MassDEP 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: Massachusetts General Laws, Chapter 21O, 
Operation and Removal of Underground Storage Tanks; Massachusetts 
General Laws, Chapter 21E, Massachusetts Oil and Hazardous Material 
Release Prevention and Response Act; and Massachusetts General Laws, 
Chapter 21J, Underground Storage Tank Petroleum Product Cleanup Fund.

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:
    The Owner or Operator of an underground storage tank used for the 
keeping or storage of flammable or combustible fluids may need to 
obtain a permit from the fire department in which the UST system is 
located for closure or relocation of the UST system. It is the 
responsibility of the Owner or Operator to obtain any required 
permit(s).
    Owners and operators of UST systems containing low level 
radioactive waste or its mixture with hazardous waste regulated by the 
Nuclear Regulatory Commission and the Department of Public Health must 
ensure that the UST systems will prevent releases due to corrosion or 
structural failure, be cathodically protected against corrosion, be 
constructed of non-corrodible material, and be constructed or lined 
with material that is compatible with the stored regulated substance.
    Massachusetts requires that consumptive use (CU) tanks of 1,100 
gallons or less must comply with release response requirements and, if 
installed on and after March 21, 2008, be double walled and equipped 
with continuous interstitial monitoring. Consumptive use tanks greater 
than 1,100 gallons installed on and after January 1, 1989 must comply 
with most of the regulatory requirements, except registration and fill 
pipe cover requirements. If CU tanks greater than 1,100 gallons were 
installed before January 1, 1989, they must meet most requirements 
except those for installation, leak detection, tank specifications, and 
corrosion protection.
    Farm and residential tanks having a capacity of 1,100 gallons or 
less used exclusively for the storage of motor fuel must be double 
walled and must comply with release response requirements.
    UST systems used solely for emergency spill or overflow containment 
of a regulated substance installed on or after January 1, 1989, must be 
double walled, protected from corrosion, comply with registration and 
release response requirements, and be emptied within 72 hours of 
introduction of product.
    Owners or operators must maintain, until the UST system is removed 
or permanently closed in place, a scaled drawing or set of as-built 
plans of all UST systems prepared by the installer or a registered 
professional engineer, with specific information, and must submit a 
copy of the as-built plans to the Department.

[[Page 63104]]

    Owners and operators of UST systems are required to hire certified 
Third-Party Inspectors (TPIs) to conduct compliance inspections of 
those systems every three years. MassDEP's TPI Certification Program 
requires that qualified individuals must pass a written exam and meet 
certain minimum eligibility requirements, are certified for five years, 
and need to apply for renewal at least 90 days before their current 
certifications expire.
    Owners or operators of all UST systems must submit a performance-
based compliance certification to the Department in accordance with the 
Environmental Results Program Certification requirements.
    Massachusetts requires that an owner or operator hire a Licensed 
Site Professional (LSP) to work on their behalf to oversee the 
assessment and cleanup of contaminated properties. Massachusetts 
provisions that are broader in scope than the federal program are not 
incorporated by reference and are not part of the federally-approved 
program.
More Stringent Provisions
    The following statutory and regulatory provisions are considered 
more stringent than the federal program and are therefore enforceable 
as a matter of federal law:
    All single-walled steel tanks in-service and temporarily out-of-
service must be permanently closed and removed from the ground, or be 
permanently closed in-place, by August 7, 2017, except for consumptive 
use tanks, and tanks that were relined prior to August 8, 2007.
    Groundwater monitoring is not permitted as a form of release 
detection.
    After January 2, 2017, owners and operators may no longer use soil 
vapor monitoring as a primary form of release detection.
    Regulated substance dispensers installed, repaired, or replaced on 
or after March 21, 2008 must be equipped with a dispenser sump that is 
continuously monitored with a dispenser sump sensor.
    All turbine sumps, including intermediate sumps, shall be 
continuously monitored for liquids utilizing a sump sensor.
    Turbine, intermediate, and dispenser sumps must pass a tightness 
test at installation to ensure the sump is liquid tight.
    All high-level alarms installed on and after January 2, 2015 must 
be visible and audible, and be clearly labeled as a tank overfill 
alarm.
    Owners or Operators shall inspect and test the overfill prevention 
equipment annually to ensure that it is operational and will activate 
at the correct level.
    Massachusetts requires all UST systems, regardless of the amount of 
regulated product received at one time, to have a spill bucket. Spill 
buckets must be at least five gallons in capacity, if installed after 
January 2, 2015. If installed before that date, must have a minimum 
capacity of three gallons. Spill buckets must pass a tightness test at 
installation.
    All submersible pumps that do not have a turbine containment sump 
shall be visually inspected every 30 days.
    Single-walled and double-walled sumps without continuous monitoring 
sensors in the sump must be inspected every 90 days.
    Impressed current cathodic protection systems must be tested every 
12 months.
    All cathodic protection systems must be tested within 60 days of a 
repair.
    Owners or operators of regulated tanks that are not double-walled 
and do not have continuous monitoring must conduct daily and monthly 
inventory monitoring, with the exception of emergency generator tanks 
installed before January 2, 2015.
    Financial responsibility must be maintained and demonstrated for 
UST systems containing hazardous substances.
    When an UST system is taken temporarily out of service, all 
regulated substances must be removed from the tank and the UST rendered 
inert. Vent lines must be kept open and functioning and all other lines 
capped, locked, and secured.

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 regulations that the EPA will enforce 
under sections 9005 and 9006 of RCRA and any other applicable statutory 
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 Massachusetts' UST program?

    EPA incorporated by reference the Massachusetts DFS approved UST 
program effective December 30, 1996 (61 FR 56135; October 31, 1996). In 
this document, EPA is revising 40 CFR 282.71 to include the approval 
revision actions.

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

    Incorporation by reference: In this rule, we are finalizing the 
Federal regulatory text that incorporates by reference the federally 
authorized Massachusetts UST Program. In accordance with the 
requirements of 1 CFR 51.5, we are finalizing the incorporation by 
reference of the Massachusetts statutes and regulations 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 
www.regulations.gov and at the EPA Region 1 office (see the ADDRESSES 
section of this preamble for more information).
    The purpose of this Federal Register document is to codify 
Massachusetts' approved UST program. The codification reflects the 
State program in effect at the time EPA's approved revisions to the 
Massachusetts UST program addressed in this direct final rule become 
final. The document incorporates by reference Massachusetts' UST 
statutes and regulations and clarifies which of these provisions are 
included in the approved and federally enforceable program. By 
codifying the approved Massachusetts program and by amending the CFR, 
the public will more easily be able to discern the status of the 
federally-approved requirements of the Massachusetts program.
    EPA is incorporating by reference the Massachusetts approved UST 
program in 40 CFR 282.71. Section 282.71(d)(1)(i)(A) incorporates by 
reference for enforcement purposes the State's statutes and 
regulations. Section 282.71 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.

D. What is the effect of Massachusetts' 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

[[Page 63105]]

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 Massachusetts procedural and enforcement 
authorities. Section 282.71(d)(1)(ii) of 40 CFR lists those approved 
Massachusetts 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. 40 CFR 
281.12(a)(3)(ii) states that where an approved state program has 
provisions that are broader in scope than the federal program, those 
provisions are not a part of the federally approved program. As a 
result, State provisions which are broader in scope than the federal 
program are not incorporated by reference for purposes of enforcement 
in part 282. Section 282.71(d)(1)(iii) of the codification simply lists 
for reference and clarity the Massachusetts 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 
today. 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.

III. Statutory and Executive Order Reviews

    This action only applies to Massachusetts' 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

    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, it does not contain any unfunded 
mandate or significantly or uniquely affect small governments, as 
described in the Unfunded Mandates Reform Act of 1995 (2 U.S.C. 1531-
1538). As discussed above, EPA is not acting on approval to operate the 
State's UST program as it applies to Tribal lands in the State. 
Therefore, this action also does not significantly or uniquely affect 
the communities of Tribal governments, as specified by Executive Order 
13175 (65 FR 67249, November 9, 2000).

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

[[Page 63106]]

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 October 1, 2024 
because it is a direct final rule.

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, Penalties, 
Petroleum, Reporting and recordkeeping requirements, Surety bonds, 
Water supply.

David W. Cash,
Regional Administrator, EPA Region 1.

    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. Revise Sec.  282.2 by revising and republishing the introductory 
text of paragraph (b) and paragraph (b)(1) to read as follows:


Sec.  282.2   Incorporation by reference.

* * * * *
    (b) Copies of materials incorporated by reference may be inspected 
at the National Archives and Records Administration (NARA). For 
information on the availability of this material at NARA, email: 
[email protected], or go to: www.archives.gov/federal-register/crf/ibr-locations. Copies of materials incorporated by reference may be 
obtained or inspected at the EPA UST Docket, located at 1235 Jefferson 
Davis Highway, First Floor, Arlington, VA 22202 (telephone number: 703-
603-9231), or send mail to Mail Code 5305G, 1200 Pennsylvania Ave. NW, 
Washington, DC 20460, and at the library of the appropriate Regional 
Office listed below:
    (1) Region 1 (Connecticut, Maine, Massachusetts, New Hampshire, 
Rhode Island, Vermont): 5 Post Office Square, 1st floor, Boston, MA 
02109-3912; Phone Number: (617) 918-1303.
* * * * *


0
3. Revise and republish Sec.  282.71 to read as follows:


Sec.  282.71   Massachusetts State-Administered Program.

    (a) Massachusetts 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 Massachusetts Department Environmental Protection 
(MassDEP), was approved by EPA pursuant to 42 U.S.C. 6991c and 40 CFR 
part 281 of this Chapter. EPA approved the Massachusetts program on 
March 3, 1995, which was effective on April 17, 1995.
    (b) Massachusetts 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) To retain program approval, Massachusetts 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 Massachusetts 
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 notification of any change 
will be published in the Federal Register.
    (d) Massachusetts has final approval for the following elements of 
its program application originally submitted to EPA and approved 
effective April 17, 1995, and the program revision application approved 
by EPA, effective on October 1, 2024.
    (1) State statutes and regulations.
    (i) Incorporation by reference. The material cited in this 
paragraph, and listed in appendix A to part 282, is incorporated by 
reference as part of the underground storage tank program under 
Subtitle I of RCRA, 42 U.S.C. 6991 et seq. (See Sec.  282.2 for 
incorporation by reference approval and inspection information.) You 
may obtain copies of the Massachusetts regulations and statutes that 
are incorporated by reference in this paragraph from the State 
Bookstore, State House, Room 116, Boston, MA 02133; phone number: (617) 
727-2834; Hours: Monday-Friday, 8:45 a.m. to 5:00 p.m.; website: 
https://www.sec.state.ma.us/divisions/bookstore/agencies/310-environmental-protection.htm.
    (A) ``EPA Approved Massachusetts Statutory and Regulatory 
Requirements Applicable to the Underground Storage Tank Program, March 
2024.''
    (B) [Reserved]
    (ii) Legal basis. EPA evaluated the following statutes and 
regulations which are part of the approved program, but they are not 
being incorporated by reference for enforcement purposes, and do not 
replace Federal authorities:
    (A) The statutory provisions include:
    (1) Massachusetts General Laws, Chapter 21A, Executive Office of 
Energy and Environmental Affairs, section 16, Civil Administrative 
Penalties.
    (2) Massachusetts General Laws, Chapter 21E, Massachusetts Oil and 
Hazardous Material Release Prevention and Response Act (2014), sections 
4 through 6, 8 through 12 and 15 through 18.
    (3) Massachusetts General Laws, Chapter 21J, Underground Petroleum 
Product Cleanup Fund, sections 11 through 14.
    (4) Massachusetts General Laws, Chapter 21O, Operation and Removal 
of Underground Storage Tanks, section 4, sections 6 through 9.
    (B) The regulatory provisions include:
    (1) Code of Massachusetts Regulations, 310 CMR 80, Underground 
Storage Tank (UST) Systems: 80.11, Submittals to the Department; 80.12 
Presumption of Irreparable Harm; 80.13, Department Access to UST 
Facilities and Records; 80.48, Delivery Prohibition; 80.50, Enforcement 
and Appeals.
    (2) Code of Massachusetts Regulations, 310 CMR 40, Massachusetts 
Contingency Plan: 40.0010, Effect of Orders and Appeals;

[[Page 63107]]

40.0011, Confidentiality of Information; 40.0013, Presumption of 
Irreparable Harm; 40.0019, Violations of Environmental Restrictions; 
40.0020, Violations of a Permanent Solution or Temporary Solution; 
40.0021, Unlawful Interference with Response Actions; 40.0050, Appeals 
of Orders and Permits; 40.0051, Appeals Relative to Administrative 
Penalties; 40.0160, Departmental Notice to Responsible Parties and 
Potentially Responsible Parties; 40.0165, Department Request for 
Information (RFI); 40.0166, Department Right of Entry; 40.0171, Failure 
to Perform a Response Action.
    (iii) Provisions not incorporated by reference.
    The following specifically identified statutory and regulatory 
provisions applicable to the Massachusetts' UST program are broader in 
scope than the federal program, are not part of the approved program, 
and are not incorporated by reference herein for enforcement purposes:
    (A) Massachusetts General Laws, Chapter 21E: Massachusetts Oil and 
Hazardous Material Release Prevention and Response Act, sections 3A, 
3B, sections 13, 14, and 19 through 22; Chapter 21J: Underground 
Petroleum Product Cleanup Fund, sections 1 through 10; Chapter 21O: 
Operation and Removal of Underground Storage Tanks, section 1, Removal 
or relocation of underground flammable or combustible fluid tanks; 
permits; abandoned underground residential tanks;
    (B) Code of Massachusetts Regulations, Title 310 CMR Chapter 80, 
Underground Storage Tank Systems: General Provisions section, 
Applicability, 80.04(6)(c), (8) through (12); Design, Construction And 
Installation Requirements section, Installation requirements, 80.16(7); 
Specifications for Tanks, 80.17(3); Requirements for Turbine, 
Intermediate and Dispenser Sumps, 80.20(6); Requirements for Spill 
Buckets and Overfill Prevention Equipment, 80.21(1)(d); General 
Operating Requirements section, Requirements for Registration and 
Reporting, 80.23(1)(b)(2); Requirements for a UST System or UST 
Component Emergency Response, 80.25; Requirements for Compliance 
Certification section, 80.34; Change-In-Product, Out Of Service Systems 
And Closure section, Requirements for Removal and permanent Closure In-
place, 80.43(7); Third Party Inspections section, 80.49; 310 CMR 
Chapter 40, Massachusetts Contingency Plan: Subpart B: Organization and 
Responsibilities, The Role of Licensed Site Professionals section, 
40.0169; and other provisions of Chapter 40.0000 Subparts A-P insofar 
as they do not relate to underground storage tanks and with respect to 
underground storage tanks insofar as they are broader in scope than the 
federal requirements.
    (2) Statement of Legal Authority. The Attorney General's 
Statements, signed by the Attorney General of Massachusetts on August 
18, 1993, March 2, 2017, and December 13, 2022, 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.
    (3) Demonstration of procedures for adequate enforcement. The 
``Demonstration of Procedures for Adequate Enforcement'' submitted as 
part of the original application on October 5, 1992, and as part of the 
program revision applications for approval on June 21, 2017 and 
December 21, 2022, 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 5, 
1992, and as part of the program revision applications on June 21, 2017 
and December 21, 2022, 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.
    (5) Memorandum of Agreement. The Memorandum of Agreement between 
EPA Region 1 and the Massachusetts Department of Environmental 
Protection, signed by the EPA Regional Administrator on November 21, 
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
4. Appendix A to part 282 is amended by revising the entry for 
Massachusetts as follows:

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

* * * * *

Massachusetts

    (a) The statutory provisions include:

Massachusetts General Laws, Part I, Title II

    1. Chapter 21E, Massachusetts Oil and Hazardous Material Release 
Prevention and Response Act
    Section 1: Short title; section 2: Definitions; section 3: 
Implementation; regulations; response actions; section 7: Notice of 
release or threat of release.
    2. Chapter 21O, Operation and Removal of Underground Storage 
Tanks
    Section 2: Notification of operation of underground storage 
tanks; definitions; section 3: Notification of operation of 
underground storage tanks; requirements; exceptions; section 5: 
Notification of operation of underground storage tanks; regulations 
for requirements and standards of tanks;
    (b) The regulatory provisions include:
    1. Code of Massachusetts Regulations, Title 310 CMR Chapter 80, 
Underground Storage Tank Systems: (effective October 1, 2021)
    General Provisions section, 80.01: Authority; 80.02: Purpose; 
80.03: Definitions; 80.04: Applicability, (1) through (13), except 
(6)(c), and (8) through (12); 80.05: Rules of Construction; 80.06: 
Computation of Time; 80.07: Accurate and Timely Submittals to the 
Department and Record Keeping; 80.08: Accurate and Complete Record 
Keeping; 80.09: Accurate Monitoring; 80.10: Duty to Provide 
Information.
    Design, Construction, and Installation Requirements section, 
80.14: General Requirements; 80.15: General Prohibitions; 80.16: 
Installation Requirements, except (7); 80.17: Specifications for 
Tanks, except (3); 80.18: Specifications for Regulated Substance 
Piping; 80.19: Leak Detection; 80.20: Requirements for Turbine, 
Intermediate and Dispenser Sumps, except (6); 80.21: Requirements 
for Spill Buckets and Overfill Prevention Equipment, except (1)(d); 
80.22: Requirements for Corrosion Protection.
    General Operating Requirements section, 80.23: Requirements for 
Registration and Reporting, except (1)(b) 2; 80.24: General 
Requirements; 80.26: Requirements for Leak Detection Systems; 80.27: 
Requirements for Turbine, Intermediate and Dispenser Sumps; 80.28: 
Requirements for Spill Buckets and Overfill Prevention Equipment; 
80.29: Requirements for Corrosion Protection; 80.30: Requirements 
for Compatibility; 80.31: Requirements for Inventory Monitoring; 
80.32: Requirements for Tank and Pipe/Line Tightness Testing; 80.33: 
Requirements for Repairs and Replacements; 80.35: Requirements for 
Periodic Inspections, except (2)(c); 80.36: Requirements for 
Recordkeeping;
    Operator Training section, 80.37: Class A, B, and C Operator 
Requirement and Certifications
    Leakage and Release: Response, Reporting and Remediation 
section, 80.38: Response to a Release; 80.39: Response to Leakage; 
80.40: Reportable Releases.
    Change-In-Product, Out of Service Systems and Closure section, 
80.41: Requirements for Change-in-product; 80.42: Requirements for 
Taking a UST System Temporarily Out-of-service; 80.43: Requirements 
for Removal and Permanent Closure In-place, except (7); 80.44: 
Requirements for a Tank within a Tank; 80.45: UST Systems 
Temporarily Out-of-service for over Five Years; 80.46: Requirements 
for Previously Closed-in-place UST Systems; 80.47: Standards for 
Cleaning and Closure.
    Financial Responsibility section, 80.51: Definitions; 80.52: 
Requirements for Amount

[[Page 63108]]

and Scope of Financial Responsibility; 80.53: Allowable Mechanisms 
and Combinations of Mechanisms; 80.54: Requirements for Financial 
Responsibility Mechanisms; 80.55: Requirements for a Standby Trust; 
80.56: Substitution of Financial Assurance Mechanisms by Owner or 
Operator; 80.57: Cancellation or Nonrenewal by a Provider of 
Financial Assurance; 80.58: Requirements for Reporting by Owner or 
Operator; 80.59: Requirements for Recordkeeping; 80.60: Requirements 
for Drawing on Financial Assurance Mechanisms; 80.61: Release from 
Financial Responsibility Requirements; 80.62: Bankruptcy or Other 
Incapacity of Owner or Operator or Provider of Financial Assurance; 
80.63: Requirements for Replenishment of Local Government 
Guarantees, Letters of Credit, or Surety Bonds.
    Requirements for Airport Hydrant Fuel Distribution Systems 
section, 80.64: Requirements for Airport Hydrant Fuel Distribution 
Systems.
    2. Code of Massachusetts Regulations, Title 310 CMR 40: 
Massachusetts Contingency Plan (effective March 1, 2024) only 
insofar as they pertain to the regulation of underground storage 
tanks in Massachusetts and only insofar as they are incorporated by 
reference and are not broader in scope than the federal 
requirements. Note that reserved sections of 310 CMR 40.0000 et seq. 
are not incorporated by reference:
    Subpart A: General Provisions, except 40.0010 through 40.0013, 
40.0016 through 40.0021, and 40.0030 through 40.0070; Subpart B: 
Organization and Responsibilities, except 40.0160 through 40.0171; 
Subpart C: Notification of Releases and Threats of Release of Oil 
and Hazardous Material; Identification and Listing of Oil and 
Hazardous Material; Subpart D: Preliminary Response Actions and Risk 
Reduction Measures.
    (c) Official copies of 310 CMR 80.00, the Massachusetts 
regulations that are incorporated by reference, are available at: 
State Bookstore, State House, Room 116, Boston, MA 02133; Phone 
number: 617-727-2834; Hours: Monday-Friday, 8:45 a.m. to 5:00 p.m.; 
website: https://www.sec.state.ma.us/divisions/bookstore/agencies/310-environmental-protection.htm.
* * * * *
[FR Doc. 2024-16812 Filed 8-1-24; 8:45 am]
BILLING CODE 6560-50-P