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Federal Register / Vol. 86, No. 172 / Thursday, September 9, 2021 / Rules and Regulations
storage tanks only and does not include hazardous substance underground storage tanks under subtitle I of RCRA.
The Tennessee Department of Environment and Conservation TDEC
is the lead implementing agency for the Petroleum UST Program in Tennessee.
C. What is the effect of this approval on the regulated community?
Section 9004b of RCRA, 42 U.S.C.
6991cb, as amended, allows the EPA to approve state UST programs to operate in lieu of the Federal program. With this approval, the changes described in the State Application will become part of the approved State Petroleum UST
Program, and therefore will be federally enforceable. Tennessee will continue to have primary enforcement authority and responsibility for its Petroleum UST
Program. This action does not impose additional requirements on the regulated community because the regulations being approved by this rule are already in effect in the State of Tennessee and are not changed by this action. This action merely approves the existing State regulations as meeting the 2015 Federal Revisions and rendering them federally enforceable.

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D. Why is the EPA using a direct final rule?
The EPA is publishing this direct final rule without a prior proposed rule because we view this as a noncontroversial action, and we anticipate no adverse comment.
Tennessee addressed all comments it received during its comment period when the rules and regulations being considered in this document were proposed at the State level.
E. What happens if the EPA receives comments that oppose this action?
Along with this direct final rule, the EPA is simultaneously publishing a separate document in the Proposed Rules section of this Federal Register that serves as the proposal to approve the States Petroleum UST Program revisions and provides an opportunity for public comment. If the EPA receives comments that oppose this approval, the EPA will withdraw this direct final rule by publishing a document in the Federal Register before it becomes effective. The EPA will make any further decision on approval of the State Application after considering all comments received during the comment period. The 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.

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F. For what has Tennessee previously been approved?
On September 1, 1996, Tennessee submitted a complete State program approval application seeking approval of its Petroleum UST Program under subtitle I of RCRA. Tennessee did not request approval of the underground storage tank program for hazardous substances. Effective January 19, 1999, the EPA granted final approval for Tennessee to administer its Petroleum UST Program in lieu of the Federal UST
program 63 FR 63793, Nov. 17, 1998.
Effective July 27, 1999, the EPA
incorporated by reference and codified the federally approved Tennessee Petroleum UST Program 64 FR 28927, May 28, 1999. As a result of the EPAs approval, these provisions became subject to the EPAs corrective action, inspection, and enforcement authorities under RCRA sections 9003h, 9005, and 9006, 42 U.S.C. 6991bh, 6991d, and 6991e, and other applicable statutory and regulatory provisions.
G. What changes is the EPA approving with this action and what standards do we use for review?
In order to be approved, each state program revision application must meet the general requirements in 40 CFR
281.11 General Requirements, and the specific requirements in 40 CFR part 281, subpart B Components of a Program Application, subpart C
Criteria for No Less Stringent, and subpart D Adequate Enforcement of Compliance.
As more fully described below, the State has made changes to its Petroleum UST Program to reflect the 2015 Federal Revisions. These changes are included in Tennessees UST Rules at Tenn.
Comp. R. & Regs. 04001801.01 to .17, effective October 13, 2018. The EPA
is approving the States changes because they are no less stringent than the Federal UST program, and because the revised Tennessee Petroleum UST
Program will continue to provide for adequate enforcement of compliance as required by 40 CFR 281.11b and part 281, subparts C and D, after this approval.
TDEC continues to be the lead implementing agency for the Petroleum UST Program in Tennessee. TDEC has broad statutory and regulatory authority to regulate the installation, operation, maintenance, and closure of USTs, as well as UST releases, under the Tennessee Petroleum Underground Storage Tank Act the UST Act of 1988, Tenn. Code Ann. sections 68215101
to 68215204 2018, and the
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Tennessee UST Rules at Tenn. Comp. R.
& Regs. 04001801.01 to .17 2018.
The following State authorities provide authority for compliance monitoring as required by 40 CFR
281.40: Tenn. Code Ann. sections 68
215107e1 through 4 and 68215
123; and Tenn. Comp. R. & Regs. 0400
1801.032.
The following State authorities provide authority for enforcement response as required by 40 CFR 281.41:
Tenn. Code Ann. sections 68215
106c, e, and f, 68215107b, c, d, e5, and e6, 68215114, 68
215116, 68215118, 68215119, 68
215121, 68215122, and 45313;
and Tenn. Comp. R. & Regs. 040018
01.0917 and 04001801.15.
The following State authorities provide authority for enabling public participation in the State enforcement process, including citizen intervention and the submission of complaints, as required by 40 CFR 281.42: Tenn. Code Ann. sections 68215121e, 68215
123, 45308a through c, and 45
310; and Tenn. Comp. R. & Regs. 0400
1801.0611. Further, through a Memorandum of Agreement between TDEC and the EPA, effective October 12, 2018, the State maintains procedures for receiving and ensuring proper consideration of information about violations submitted by the public, and TDEC will not oppose citizen intervention when permissive intervention is allowed by statute, rule, or regulation.
Pursuant to 40 CFR 281.43, the State is required to provide authority for enabling the sharing of information in the State files obtained or used in the administration of the State Petroleum UST Program with the EPA. Through a Memorandum of Agreement between TDEC and the EPA, effective October 12, 2018, the State agrees to furnish the EPA, upon request, any information in State files obtained or used in the administration of the State Petroleum UST Program. Further, the following State authorities provide authority for enabling the sharing of information in the State files obtained or used in the administration of the State Petroleum UST Program with the EPA as required by 40 CFR 281.43: Tenn. Code Ann.
section 68215108 and Tenn. Comp. R.
& Regs. 04001801.015e.
To qualify for final approval, revisions to a states UST program must be no less stringent than the 2015
Federal Revisions. In the 2015 Federal Revisions, the EPA addressed UST
systems deferred in the 1988 UST
regulations, and added, among other things: New operation and maintenance requirements; secondary containment
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