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Federal Register / Vol. 86, No. 55 / Wednesday, March 24, 2021 / Rules and Regulations Ben Singh, RCRA Programs and Cleanup Branch, Land, Chemicals and Redevelopment Division, U.S.
Environmental Protection Agency, Region 4, Atlanta Federal Center, 61
Forsyth Street SW, Atlanta, Georgia 303038960; Phone number: 404 562
8922; email address: singh.ben@epa.gov.
Please contact Ben Singh by phone or email for further information.
SUPPLEMENTARY INFORMATION:
FOR FURTHER INFORMATION CONTACT:

I. Approval of Revisions to South Carolinas Underground Storage Tank UST Program
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A. Why are revisions to state UST
programs necessary?
States that have received final approval from the EPA under section 9004b of RCRA, 42 U.S.C. 6991cb, must maintain a UST program that is no less stringent than the Federal program.
When the EPA makes revisions to the regulations that govern the UST
program, states must revise their programs to comply with the updated regulations and submit these revisions to the EPA for approval. Most commonly, states must change their programs because of changes to the EPAs regulations in title 40 of the Code of Federal Regulations CFR part 280.
States can also initiate changes on their own to their UST programs and these changes must then be approved by the EPA.
B. What decision has the EPA made in this rule?
On April 16, 2019, in accordance with 40 CFR 281.51a, South Carolina submitted a complete program revision application State Application seeking approval of changes to its UST Program.
The program revisions requested in the State Application correspond to the EPA
final rule published on July 15, 2015 80
FR 41566, which revised the 1988 UST
regulations and the 1988 state program approval SPA regulations 2015
Federal Revisions. As required by 40
CFR 281.20, the State Application contains the following: A transmittal letter from the Governor requesting approval; a description of the program and operating procedures; a demonstration of the States procedures to ensure adequate enforcement; a Memorandum of Agreement outlining the roles and responsibilities of the EPA
and the implementing agency; an Attorney Generals Statement; 1 and 1 40 CFR 281.24a requires an Attorney Generals statement, but allows it to be signed by independent legal counsel for the state rather than the Attorney General, provided that such counsel has full authority to independently represent the state
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copies of all relevant State statutes and regulations. The EPA has reviewed the State Application and has determined that the revisions to South Carolinas UST Program are no less stringent than the corresponding Federal requirements in subpart C of 40 CFR part 281, and that the South Carolina UST Program continues to provide adequate enforcement of compliance. Therefore, the EPA grants South Carolina final approval to operate its UST Program with the revisions described in the State Application, and as outlined below. The South Carolina Department of Health and Environmental Control DHEC is the lead implementing agency for the UST Program in South Carolina, except in Indian country as noted below in Section I.I.
C. What is the effect of this approval on the regulated community?
Section 9004b of RCRA, 42 U.S.C.
6991cb, as amended, allows the EPA to approve state UST programs to operate in lieu of the Federal program. With this approval, the changes described in the State Application will become part of the approved State UST Program, and therefore will be federally enforceable.
South Carolina will continue to have primary enforcement authority and responsibility for its State UST Program.
This action does not impose additional requirements on the regulated community because the regulations being approved by this rule are already in effect in the State of South Carolina, and are not changed by this action. This action merely approves the existing State regulations as meeting the 2015
Federal Revisions and rendering them federally enforceable.
D. Why is the EPA using a direct final rule?
The EPA is publishing this direct final rule without a prior proposed rule because we view this as a noncontroversial action and we anticipate no adverse comment. South Carolina addressed all comments it received during its comment period when the rules and regulations being considered in this document were proposed at the State level.
E. What happens if the EPA receives comments that oppose this action?
Along with this direct final rule, the EPA is simultaneously publishing a separate document in the Proposed Rules section of this Federal Register agency in court on all matters pertaining to the state UST program. The South Carolina DHEC General Counsel has represented that it has such authority and has submitted such statement as part of the State Application.

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that serves as the proposal to approve the States UST Program revisions, and provides an opportunity for public comment. If the EPA receives comments that oppose this approval, the EPA will withdraw this direct final rule by publishing a document in the Federal Register before it becomes effective. The EPA will make any further decision on approval of the State Application after considering all comments received during the comment period. The EPA
will then address all public comments in a later final rule. You may not have another opportunity to comment. If you want to comment on this approval, you must do so at this time.
F. For what has South Carolina previously been approved?
Effective September 27, 2002, the EPA
granted final approval for South Carolina to administer the State UST
Program in lieu of the Federal UST
program 67 FR 55160, August 28, 2002. Effective June 9, 2014, the EPA
incorporated by reference and codified the federally approved South Carolina UST Program 79 FR 19830, April 10, 2014. As a result of the EPAs approval, these provisions became subject to the EPAs corrective action, inspection, and enforcement authorities under RCRA
sections 9003h, 9005, and 9006, 42
U.S.C. 6991bh, 6991d, and 6991e, and other applicable statutory and regulatory provisions.
G. What changes is the EPA approving with this action and what standards do we use for review?
In order to be approved, each state program revision application must meet the general requirements in 40 CFR
281.11 General Requirements, and the specific requirements in 40 CFR part 281, subpart B Components of a Program Application, subpart C
Criteria for No Less Stringent, and subpart D Adequate Enforcement of Compliance.
As more fully described below, the State has made changes to its UST
Program to reflect the 2015 Federal Revisions. These changes are included in South Carolinas UST Rules at S.C.
Code Ann. Regs. 6192, as amended, effective May 26, 2017. The EPA is proposing to approve the States changes because they are no less stringent than the Federal UST program, and because the revised South Carolina UST Program will continue to provide for adequate enforcement of compliance as required by 40 CFR 281.11b and part 281, subparts C and D, after this approval.
DHEC continues to be the lead implementing agency for the UST

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