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Federal Register / Vol. 86, No. 172 / Thursday, September 9, 2021 / Rules and Regulations The State of Tennessee Tennessee or State has applied to the Environmental Protection Agency EPA
for final approval of revisions to its Petroleum Underground Storage Tank Program Petroleum UST Program under subtitle I of the Resource Conservation and Recovery Act RCRA.
Pursuant to RCRA, the EPA is taking direct final action, subject to public comment, to approve revisions to the Petroleum UST Program. The EPA has reviewed Tennessees revisions and has determined that these revisions satisfy all requirements needed for approval. In addition, this action also codifies the EPAs approval of Tennessees revised Petroleum UST Program and incorporates by reference those provisions of the State statutes and regulations that the EPA has determined meet the requirements for approval.
DATES: This rule is effective November 8, 2021, unless the EPA receives adverse comment by October 12, 2021. If the EPA receives adverse comment, it will publish a timely withdrawal in the Federal Register informing the public that the rule will not take effect. The incorporation by reference of certain publications listed in the regulations is approved by the Director of the Federal Register as of November 8, 2021.
ADDRESSES: Submit your comments by one of the following methods:
Federal eRulemaking Portal:
https www.regulations.gov our preferred method. Follow the online instructions for submitting comments.
Email: smith.wg@epa.gov. Include the Docket ID No. EPAR04UST2020
0614 in the subject line of the message.
Instructions: Submit your comments, identified by Docket ID No. EPAR04
UST20200614, via the Federal eRulemaking Portal at https
www.regulations.gov. Follow the online instructions for submitting comments.
Once submitted, comments cannot be edited or removed from https
www.regulations.gov. The EPA may publish any comment received to its public docket. Do not submit electronically any information you consider to be Confidential Business Information CBI or other information whose disclosure is restricted by statute.
Multimedia submissions audio, video, etc. must be accompanied by a written comment. The written comment is considered the official comment and should include discussion of all points you wish to make. The EPA will generally not consider comments or comment contents located outside of the primary submission i.e., on the web, cloud, or other file sharing system. For additional submission methods, the full
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EPA public comment policy, information about CBI or multimedia submissions, and general guidance on making effective comments, please visit:
https www.epa.gov/dockets/
commenting-epa-dockets.
Out of an abundance of caution for members of the public and our staff, the publics access to the EPA Region 4
Offices is by appointment only to reduce the risk of transmitting COVID
19. We encourage the public to submit comments via https
www.regulations.gov or via email. The EPA encourages electronic comment submittals, but if you are unable to submit electronically or need other assistance, please contact Winston Smith, the contact listed in the FOR
FURTHER INFORMATION CONTACT provision below. The index to the docket for this action and all documents that form the basis of this codification and associated publicly available docket materials are available for review on the https
www.regulations.gov website. The EPA
encourages electronic reviewing of these documents, but if you are unable to review these documents electronically, please contact Winston Smith to schedule an appointment to view the documents at the Region 4 Offices.
Interested persons wanting to examine these documents should make an appointment at least two weeks in advance. EPA Region 4 requires all visitors to adhere to the COVID19
protocol. Please contact Winston Smith for the COVID19 protocol requirements for your appointment.
Please also contact Winston Smith if you need assistance in a language other than English or if you are a person with disabilities who needs a reasonable accommodation at no cost to you. For further information on EPA Docket Center services and the current status, please visit us online at https
www.epa.gov/dockets.
The EPA continues to carefully and continuously monitor information from the Centers for Disease Control and Prevention CDC, local area health departments, and our Federal partners so that we can respond rapidly as conditions change regarding COVID19.
FOR FURTHER INFORMATION CONTACT:
Winston Smith, 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
9467; email address: smith.wg@epa.gov.
Please contact Winston Smith by phone or email for further information.
SUPPLEMENTARY INFORMATION:

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I. Approval of Revisions to Tennessees Petroleum Underground Storage Tank Program 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 revises 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 October 15, 2018, in accordance with 40 CFR 281.51a, Tennessee submitted a complete program revision application State Application seeking approval of changes to its Petroleum UST Program. The program revisions addressed 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; and copies of all relevant State statutes and regulations. The EPA has reviewed the State Application and has determined that the revisions to Tennessees Petroleum UST Program are no less stringent than the corresponding Federal requirements in subpart C of 40
CFR part 281, and that the Tennessee Petroleum UST Program continues to provide adequate enforcement of compliance. Therefore, the EPA grants Tennessee final approval to operate its Petroleum UST Program with the revisions described in the State Application, and as outlined below. As the Tennessee UST program is a partially approved program, this approval covers petroleum underground
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