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Federal Register / Vol. 86, No. 55 / Wednesday, March 24, 2021 / Rules and Regulations II. Codification A. What is codification?
Codification is the process of placing citations and references to a states statutes and regulations that comprise a states approved UST program into the CFR. The EPA codifies its approval of state programs in 40 CFR part 282 and incorporates by reference state statutes and regulations that the EPA can enforce, after the approval is final, under sections 9005 and 9006 of RCRA, and any other applicable statutory provisions. The incorporation by reference of EPA-approved state programs in the CFR should substantially enhance the publics ability to discern the status of the approved state UST programs and state requirements that can be federally enforced. This effort provides clear notice to the public of the scope of the approved program in each state.

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B. What is the history of codification of South Carolinas UST Program?
In 2014, the EPA incorporated by reference and codified South Carolinas approved UST Program at 40 CFR
282.90 79 FR 19830, April 10, 2014.
Through this action, the EPA is amending 40 CFR 282.90 to incorporate by reference and codify South Carolinas revised UST Program.
C. What codification decisions is the EPA making in this rule?
In this rule, the EPA is finalizing regulatory text that incorporates by reference the federally approved South Carolina UST Program, including the revisions made to the UST Program based on the 2015 Federal Revisions. In accordance with the requirements of 1
CFR 51.5, the EPA is incorporating by reference South Carolinas statutes and regulations as described in the amendments to 40 CFR part 282 set forth below. These documents are available through https
www.regulations.gov. This codification reflects the State UST Program that will be in effect at the time the EPAs approval of the revisions to the South Carolina UST Program addressed in this direct final rule becomes final. If, however, the EPA receives substantive comment on the proposed rule, this codification will not take effect and the State rules that are approved after the EPA considers public comment will be codified instead. By codifying the approved South Carolina UST Program and by amending the CFR, the public will more easily be able to discern the status of the federally-approved requirements of the South Carolina UST
Program.

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Specifically, in 40 CFR 282.90d1i, the EPA is incorporating by reference the EPA-approved South Carolina UST
Program. Section 282.90d1ii identifies the States statutes and regulations that are part of the approved State UST Program, although not incorporated by reference for enforcement purposes. Section 282.90d1iii identifies the States statutory and regulatory provisions that are broader in scope or external to the States approved UST Program and therefore not incorporated by reference.
Section 282.90d2 through 5
reference the Attorney Generals Statement, Demonstration of Adequate Enforcement Procedures, the Program Description, and the Memorandum of Agreement, which are part of the State Application and part of the UST
Program under subtitle I of RCRA.
D. What is the effect of the EPAs codification of the federally approved South Carolina UST Program on enforcement?
The EPA retains the authority under sections 9003h, 9005, and 9006 of subtitle I of RCRA, 42 U.S.C. 6991bh, 6991d, and 6991e, and other applicable statutory and regulatory provisions, to undertake corrective action, inspections, and enforcement actions, and to issue orders in approved states. If the EPA
determines it will take such actions in South Carolina, the EPA will rely on Federal sanctions, Federal inspection authorities, and other Federal procedures rather than the State analogs. Therefore, the EPA is not incorporating by reference South Carolinas procedural and enforcement authorities, although they are listed in 40 CFR 282.90d1ii.
E. What State provisions are not part of the codification?
As discussed in section I.H. above, some provisions of the States UST
Program are not part of the federally approved State UST Program because they are broader in scope than the Federal UST program. Where an approved state program has provisions that are broader in scope than the Federal program, those provisions are not a part of the federally approved program. As a result, State provisions which are broader in scope than the Federal program are not incorporated by reference for purposes of enforcement in part 282. See 40 CFR 281.12a3ii. In addition, provisions that are external to the State UST Program approval requirements, but included in the State Application, are also being excluded from incorporation by reference in part 282. For reference and clarity, 40 CFR

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282.90d1iii lists the South Carolina statutory and regulatory provisions which are broader in scope than the Federal program or external to state UST
program approval requirements. These provisions are, therefore, not part of the approved UST Program that the EPA is codifying. Although these provisions cannot be enforced by the EPA, the State will continue to implement and enforce such provisions under State law.
III. Statutory and Executive Order E.O. Reviews The EPAs actions merely approve and codify South Carolinas revised UST Program requirements pursuant to RCRA section 9004, and do not impose additional requirements other than those imposed by State law. For that reason, these actions:
Are not significant regulatory actions subject to review by the Office of Management and Budget under Executive Orders 12866 58 FR 51735, October 4, 1993 and 13563 76 FR 3821, January 21, 2011;
Are not Executive Order 13771 82
FR 9339, February 2, 2017 regulatory actions because UST program approvals are exempted under Executive Order 12866;
Do not impose an information collection burden under the provisions of the Paperwork Reduction Act 44
U.S.C. 3501 et seq.;
Are certified as not having a significant economic impact on a substantial number of small entities under the Regulatory Flexibility Act 5
U.S.C. 601 et seq.;
Do not contain any unfunded mandate or significantly or uniquely affect small governments, as described in the Unfunded Mandates Reform Act of 1995 Pub. L. 1044;
Do not have federalism implications as specified in Executive Order 13132
64 FR 43255, August 10, 1999;
Are not economically significant regulatory actions based on health or safety risks subject to Executive Order 13045 62 FR 19885, April 23, 1997;
Are not significant regulatory actions subject to Executive Order 13211 66 FR 28355, May 22, 2001;
Are not subject to the requirements of section 12d of the National Technology Transfer and Advancement Act of 1995 15 U.S.C. 272 note because application of those requirements would be inconsistent with RCRA;
Do not provide the EPA with the discretionary authority to address, as appropriate, disproportionate human health or environmental effects, using practicable and legally permissible methods, under Executive Order 12898
59 FR 7629, February 16, 1994; and
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