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Federal Register / Vol. 86, No. 168 / Thursday, September 2, 2021 / Rules and Regulations
scope of the approved program in each state.
B. What is the history of codification of Kansass UST program?
EPA incorporated by reference the KDHE approved UST program effective November 28, 1994 59 FR 186;
September 27, 1994. In this document, EPA is revising 40 CFR 282.66 to include the approved revisions.

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C. What codification decisions have we made in this rule?
Incorporation by reference: In this rule, we are finalizing regulatory text that includes incorporation by reference. In accordance with the requirements of 1 CFR 51.5, we are finalizing the incorporation by reference of the federally approved Kansas UST
program 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 or by contacting the EPA Region 7 contact listed in the ADDRESSES section of this preamble.
The purpose of this Federal Register document is to codify Kansass approved UST program. The codification reflects the State program that would be in effect at the time EPAs approved revisions to the Kansas UST
program addressed in this direct final rule become final. The document incorporates by reference Kansass UST
statutes and regulations and clarifies which of these provisions are included in the approved and federally enforceable program. By codifying the approved Kansas program and by amending the CFR, the public will more easily be able to discern the status of the federally-approved requirements of the Kansas program.
EPA is incorporating by reference the Kansas approved UST program in 40
CFR 282.66. Section 282.66d1i incorporates by reference for enforcement purposes the States statutes and regulations.
Section 282.66 also references the Attorney Generals 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. These documents are not incorporated by reference.
D. What is the effect of Kansass 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
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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 Kansas procedural and enforcement authorities. Section 282.66d1ii of 40 CFR lists those approved Kansas 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 States 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. Section 281.12a3ii of 40 CFR
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 federal enforcement in part 282.
Section 282.66d1iii lists for reference and clarity the Kansas 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 in this document.
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 Kansass 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:
A. Executive Order 12866: Regulatory Planning and Review; Executive Order 13563: Improving Regulation and Regulatory Review The Office of Management and Budget OMB has exempted this action from the requirements of Executive Orders 12866 58 FR 51735, October 4, 1993
and 13563 76 FR 3821, January 21, 2011. This action approves and codifies State requirements for the purpose of
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RCRA section 9004 and imposes no additional requirements beyond those imposed by State law. Therefore, this action is not subject to review by OMB.
B. Paperwork Reduction Act This rule does not impose an information collection burden under the provisions of the Paperwork Reduction Act of 1995 44 U.S.C. 3501 et seq..
Burden is defined at 5 CFR 1320.3b.
C. Unfunded Mandates Reform Act and 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. 15311538. For the same reason, 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.
D. 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.
E. Executive Order 13045: Services of Children From Environmental Health and Safety Risks This action also is not subject to Executive Order 13045 62 FR 19885, April 23, 1997, because it is not economically significant, and it does not make decisions based on environmental health or safety risks.
F. Executive Order 13211: Actions That Significantly Affect Energy Supply, Distribution, or Use This rule is not subject to Executive Order 13211, Actions Concerning Regulations that Significantly Affect Energy Supply, Distribution, or Use 66
FR 28355, May 22, 2001, because it is not a significant regulatory action as defined under Executive Order 12866.

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