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Federal Register / Vol. 86, No. 168 / Thursday, September 2, 2021 / Rules and Regulations
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 CDROM 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 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 www.regulations.gov or by contacting Cassandra Mance at 913
5517355 or mance.cassandra@epa.gov.
Out of an abundance of caution for members of the public and our staff, the EPA Region 7 office will be closed to the public to reduce the risk of transmitting COVID19. 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:
Cassandra Mance, Tanks, Toxics, and Pesticides Branch, Land, Chemical, and Redevelopment Division, U.S.
Environmental Protection Agency, Region 7, 11201 Renner Boulevard, Lenexa, Kansas 66219; 913 5517355;
mance.cassandra@epa.gov.
SUPPLEMENTARY INFORMATION:

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I. Approval of Revisions to Kansass Underground Storage Tank Program A. Why are revisions to state programs necessary?
States that have received final approval from the EPA under section 9004b of RCRA, 42 U.S.C. 6991cb, 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
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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 February 11, 2021, in accordance with 40 CFR 281.51a, Kansas submitted a complete program revision application seeking the EPA approval for its UST program revisions State Application. Kansass 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 States 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 Kansass 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 Kansas program provides for adequate enforcement of compliance 40 CFR
281.11b. Therefore, the EPA grants Kansas 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 Kansas 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.

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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 States 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 Kansas previously been approved?
On June 6, 1994, the EPA finalized a rule approving the UST program, effective July 6, 1994, to operate in lieu of the Federal program. On September 27, 1994, effective November 28, 1994, the EPA codified the approved Kansas program, incorporating by reference the State statutes and regulatory provisions that are subject to EPAs inspection and enforcement authorities under RCRA
sections 9005 and 9006, 42 U.S.C. 6991d and 6991e, and other applicable statutory and regulatory provisions.
G. What changes are we approving with this action?
On February 11, 2021, in accordance with 40 CFR 281.51a, Kansas submitted a complete application for final approval of its UST program revisions adopted on July 6, 2020. The EPA now makes an immediate final decision, subject to receipt of written comments that oppose this action, that Kansass UST program revisions satisfy all of the requirements necessary to qualify for final approval. Therefore, EPA grants Kansas final approval for the following program changes:

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