Quiero saber acerca de...

Federal Register / Vol. 86, No. 172 / Thursday, September 9, 2021 / Rules and Regulations requirements for new and replaced tanks and piping; operator training requirements; and a requirement to ensure UST system compatibility before storing certain biofuel blends. In addition, the EPA removed past deferrals for emergency generator tanks, field constructed tanks, and airport hydrant systems. Tennessee adopted all of the required 2015 Federal Revisions at Tenn. Comp. R. & Regs. 04001801
.01 to .17 2018.
As part of the State Application, the Tennessee Attorney General has certified that the State regulations provide for adequate enforcement of compliance and meet the no less stringent criteria in 40 CFR part 281, subparts C and D. The EPA is relying on this certification, in addition to the analysis submitted by the State, in approving the States changes.
H. Where are the revised State rules different from the Federal rules?
States may enact laws that are more stringent than their Federal counterparts. See RCRA section 9008, 42 U.S.C. 6991g. When an approved state program includes requirements that are considered more stringent than those required by Federal law, the more stringent requirements become part of the federally approved program in accordance with 40 CFR 281.12a3i.
The EPA has determined that some of Tennessees regulations are considered more stringent than the Federal program, and upon approval, they will become part of the federally approved State Petroleum UST Program and therefore federally enforceable.
In addition, states may enact laws which are broader in scope than their Federal counterparts in accordance with 40 CFR 281.12a3ii. State requirements that go beyond the scope of the Federal program are not part of the federally approved program and the EPA cannot enforce them. Although these requirements are enforceable by the State in accordance with Tennessee law, they are not Federal RCRA
requirements. The EPA considers the following State requirements to be broader in scope than the Federal program and therefore not part of the federally approved State Petroleum UST
Program:

lotter on DSK11XQN23PROD with RULES1

Statutory Broader in Scope Provisions i. Tenn. Code Ann. section 68215
10317Aiii and iv, as to the definition of Responsible party, insofar as these provisions include entities other than owners and operators, as these terms are defined in 40 CFR 280.12.

VerDate Sep<11>2014

16:45 Sep 08, 2021

Jkt 253001

ii. Tenn. Code Ann. section 68215
1043, insofar as it refers to the payment of fees associated with the Petroleum UST Program.
iii. Tenn. Code Ann. section 68215
1044, insofar as it refers to reimbursement from Tennessees Petroleum Underground Storage Tank Fund State Fund.
iv. Tenn. Code Ann. section 68215
106a6, insofar as it places notification requirements on persons other than owners and operators, as these terms are defined in 40 CFR
280.12.
v. Tenn. Code Ann. section 68215
109, insofar as it establishes annual tank fees and provides for promulgation of regulations regarding these fees.
vi. Tenn. Code Ann. section 68215
110b through h, insofar as these provisions provide for the creation of the State Fund and environmental assurance fee.
vii. Tenn. Code Ann. section 68215
111, insofar as it provides criteria for the qualified expenditure of funds, requirements for fund eligibility, and promulgation of regulations regarding the State Fund.
viii. Tenn. Code Ann. section 68215
115, insofar as it provides the procedures for the State to recover its costs for investigation, identification, containment, or clean up of a particular site.
ix. Tenn. Code Ann. section 68215
125, insofar as it prohibits the State Fund from being considered an insurance company or a member of the Tennessee Insurance Guaranty Association.
x. Tenn. Code Ann. section 68215
129, insofar as it provides criteria for cleanup contracts and reimbursement from the State Fund.
Regulatory Broader in Scope Provisions i. Tenn. Comp. R. & Regs. 040018
01.0141.iii and iv, as to the definition for Responsible party, insofar as these provisions include entities other than owners and operators, as these terms are defined in 40 CFR 280.12.
ii. Tenn. Comp. R. & Regs. 040018
01.021a2., insofar as it requires owners to submit annual tank fees as part of the notification requirement.
iii. Tenn. Comp. R. & Regs. 040018
01.024c6.iiIIIV., insofar as it refers to tank fees and late penalties.
iv. Tenn. Comp. R. & Regs. 040018
01.041e, insofar as it requires inspection of dispensers.
v. Tenn. Comp. R. & Regs. 040018
01.051b and c, insofar as these provisions contain requirements for
PO 00000

Frm 00025

Fmt 4700

Sfmt 4700

50473

coverage and reimbursement from the State Fund.
vi. Tenn. Comp. R. & Regs. 040018
01.062b1., as to the text The fund shall not reimburse the owner, operator, and/or other responsible party of the petroleum UST system for the cost of generating duplicate data, insofar as this text pertains to the State Fund.
vii. Tenn. Comp. R. & Regs. 040018
01.063f, insofar as it provides eligibility requirements for the State Fund.
viii. Tenn. Comp. R. & Regs. 040018
01.067c, insofar as it provides for reimbursement from the State Fund.
ix. Tenn. Comp. R. & Regs. Appendix 04001801.07A, as to the text transport and in 4a and 4e, insofar as these provisions pertain to the transportation of a tank.
x. Tenn. Comp. R. & Regs. 040018
01.085a and b, insofar as these provisions establish eligibility requirements for the State Fund.
xi. Tenn. Comp. R. & Regs. 040018
01.091 through 16, insofar as these provisions regulate disbursements, coverage, and fund eligibility regarding the State Fund and provide for approval of corrective action contractors and recovery of State costs.
xii. Tenn. Comp. R. & Regs. 040018
01.10, insofar as it establishes a system and schedule for the collection of fees under the UST Act.
xiii. Tenn. Comp. R. & Regs. 040018
01.123, insofar as it establishes eligibility requirements for the State Fund.
xiv. Tenn. Comp. R. & Regs. 040018
01.124, insofar as it pertains to the payment of annual tank fees.
II. Codification A. What is codification?
Codification is the process of placing citations and references to a states statutes and regulations that comprise a states approved UST program into the CFR. The EPA codifies its approval of state programs in 40 CFR part 282 and incorporates by reference state statutes and regulations that the EPA can enforce, after the approval is final, under sections 9005 and 9006 of RCRA, and any other applicable statutory provisions. The incorporation by reference of the EPA-approved state programs in the CFR should substantially enhance the publics ability to discern the status of the approved state UST programs and state requirements that can be federally enforced. This effort provides clear notice to the public of the scope of the approved program in each state.

E:FRFM09SER1.SGM

09SER1