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Federal Register / Vol. 86, No. 55 / Wednesday, March 24, 2021 / Rules and Regulations
Do not apply on any Indian reservation land or in any other area where the EPA or an Indian tribe has demonstrated that a tribe has jurisdiction. The rule does not have tribal implications as specified by Executive Order 13175 65 FR 67249, November 9, 2000, nor will it impose substantial direct costs on tribal governments or preempt tribal law.
As required by section 3 of Executive Order 12988 61 FR 4729, February 7, 1996, in issuing this rule, the EPA has taken the necessary steps to eliminate drafting errors and ambiguity, minimize potential litigation, and provide a clear legal standard for affected conduct.
The Congressional Review Act, 5
U.S.C. 801 et seq., as added by the Small Business Regulatory Enforcement Fairness Act of 1996, generally provides that before a rule may take effect, the agency promulgating the rule must submit a rule report, which includes a copy of the rule, to each House of the Congress and to the Comptroller General of the United States. The EPA will submit a report containing this document and other required information to the U.S. Senate, the U.S.
House of Representatives, and the Comptroller General of the United States prior to publication in the Federal Register. A major rule cannot take effect until 60 days after it is published in the Federal Register. This action is not a major rule as defined by 5 U.S.C. 8042. This final action will be effective May 24, 2021.
List of Subjects in 40 CFR Parts 281 and 282
Environmental protection, Administrative practice and procedure, Hazardous substances, Incorporation by reference, Indian country, Petroleum, Reporting and recordkeeping requirements, State program approval, Underground storage tanks.
Authority: This action is issued under the authority of sections 2002a, 7004b, 9004, 9005, and 9006 of the Solid Waste Disposal Act, as amended, 42 U.S.C. 6912a, 6974b, 6991c, 6991d, and 6991e.

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Dated: February 26, 2021.
John Blevins, Acting Regional Administrator, Region 4.

For the reasons set forth in the preamble, the EPA is amending 40 CFR
part 282 as follows:
PART 282APPROVED
UNDERGROUND STORAGE TANK
PROGRAMS
1. The authority citation for part 282
continues to read as follows:

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Authority: 42 U.S.C. 6912, 6991c, 6991d, and 6991e.

2. Revise 282.90 to read as follows:

282.90 South Carolina StateAdministered Program.

a History of the approval of South Carolinas program. The State of South Carolina South Carolina or State is approved to administer and enforce an underground storage tank UST
program in lieu of the Federal program under subtitle I of the Resource Conservation and Recovery Act of 1976
RCRA or Act, as amended, 42 U.S.C.
6991 et seq. The States Underground Storage Tank Program UST Program, as administered by the South Carolina Department of Health and Environmental Control DHEC, was approved by EPA pursuant to 42 U.S.C.
6991c and part 281 of this chapter. EPA
approved the South Carolina UST
Program on August 28, 2002 and it was effective on September 27, 2002. A
subsequent program revision was approved by EPA and became effective May 24, 2021.
b Enforcement authority. South Carolina has primary responsibility for administering and enforcing its federally approved UST Program.
However, EPA retains the authority to exercise its corrective action, inspection, and enforcement authorities under sections 9003h, 9005, and 9006
of subtitle I of RCRA, 42 U.S.C.
6991bh, 6991d, and 6991e, as well as under any other applicable statutory and regulatory provisions.
c Retention of program approval. To retain program approval, South Carolina must revise its approved UST Program to adopt new changes to the Federal subtitle I program which make it more stringent, in accordance with section 9004 of RCRA, 42 U.S.C. 6991c, and 40
CFR part 281, subpart E. If South Carolina obtains approval for revised requirements pursuant to section 9004
of RCRA, 42 U.S.C. 6991c, the newly approved statutory and regulatory provisions will be added to this subpart and notice of any change will be published in the Federal Register.
d Final approval. South Carolina has final approval for the following elements of its UST Program submitted to EPA and approved effective September 27, 2002, and the program revisions approved by EPA effective on May 24, 2021:
1 State statutes and regulationsi Incorporation by reference. The South Carolina materials cited in this paragraph d1i, and listed in appendix A to this part, are incorporated by reference as part of the UST Program under subtitle I of RCRA,
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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. 552a and 1
CFR part 51. You may access copies of the South Carolina statutes and regulations that are incorporated by reference in this paragraph d1i from the South Carolina State Register, 223
Blatt Building, 1105 Pendleton Street, Columbia, South Carolina 29201; Phone number: 803 2124500; website:
https www.scstatehouse.gov/. You may inspect all approved material at EPA Region 4, 61 Forsyth Street SW, Atlanta, Georgia 30303; Phone number:
404 5629900; or the National Archives and Records Administration NARA, email: fedreg.legal@nara.gov, website: https www.archives.gov/
federal-register/cfr/ibr-locations.html.
A South Carolina Statutory Requirements Applicable to the Underground Storage Tank Program, dated September 9, 2020.
B South Carolina Regulatory Requirements Applicable to the Underground Storage Tank Program, dated September 9, 2020.
ii Legal basis. EPA considered the following statutes and regulations which provide the legal basis for the States implementation of the UST
Program, but they are not being incorporated by reference and do not replace Federal authorities:
A State Underground Petroleum Environmental Response Bank Act SUPERB of 1988, S.C. Code Ann.
sections 44210 to 442150 2010. 1
Section 44250A and C Regulations to be promulgated. Insofar as it provides for the promulgation of regulations for the implementation, compliance monitoring, and enforcement of the UST
Program.
2 Section 44270B Financial responsibility of underground storage tank owners and operators. As to the first sentence, insofar as it provides for the promulgation of regulations specifying financial responsibility requirements and for taking corrective action and compensating third parties for bodily injury and property damage caused by accidental releases arising from operating an underground storage tank.
3 Section 442140 Enforcement of chapter or department order, penalties for violations. Insofar as it provides for compliance monitoring and enforcement of the underground storage tank requirements.
B South Carolina Underground Storage Tank Control Regulations, R.
6192 2017. 1 Section 280.26, Delivery Prohibitions. Insofar as it identifies specific authorities for
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