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Federal Register / Vol. 86, No. 172 / Thursday, September 9, 2021 / Rules and Regulations
B. What is the history of codification of Tennessees Petroleum UST Program?
In 1999, the EPA incorporated by reference and codified Tennessees approved Petroleum UST Program at 40
CFR 282.92 64 FR 28927, May 28, 1999. Through this action, the EPA is amending 40 CFR 282.92 to incorporate by reference and codify Tennessees revised Petroleum UST Program.

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C. What codification decisions is the EPA making in this rule?
In this rule, the EPA is finalizing regulatory text that incorporates by reference the federally approved Tennessee Petroleum UST Program, including the revisions made to the Petroleum UST Program based on the 2015 Federal Revisions. In accordance with the requirements of 1 CFR 51.5, the EPA is incorporating by reference Tennessees statutes and regulations as described in the amendments to 40 CFR
part 282 set forth below. These documents are available through https
www.regulations.gov. This codification reflects the State Petroleum UST
Program that will be in effect at the time the EPAs approval of the revisions to the Tennessee Petroleum UST Program addressed in this direct final rule becomes final. If, however, the EPA
receives substantive comment on the proposed rule, the EPA will withdraw this direct final rule and this codification will not take effect. The EPA will consider all comments and will make a decision on program approval and codification in a future final rule. By codifying the approved Tennessee Petroleum UST Program and by amending the CFR, the public will more easily be able to discern the status of the federally approved requirements of the Tennessee Petroleum UST
Program.
Specifically, in 40 CFR 282.92d1i, the EPA is incorporating by reference the EPA-approved Tennessee Petroleum UST Program. Section 282.92d1ii identifies the States statutes and regulations that are part of the approved State Petroleum UST Program, although not incorporated by reference for enforcement purposes, unless they impose obligations on the regulated entity. Section 282.92d1iii identifies the States statutory and regulatory provisions that are broader in scope or external to the States approved Petroleum UST Program and therefore not incorporated by reference. Section 282.92d2 through 5 reference the Attorney Generals Statement, Demonstration of Adequate Enforcement Procedures, Program Description, and Memorandum of
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Agreement, which are part of the State Application and part of the Petroleum UST Program under subtitle I of RCRA.
D. What is the effect of the EPAs codification of the federally approved Tennessee Petroleum UST Program on enforcement?
The EPA retains the authority under sections 9003h, 9005, and 9006 of subtitle I of RCRA, 42 U.S.C. 6991bh, 6991d, and 6991e, and other applicable statutory and regulatory provisions, to undertake corrective action, inspections, and enforcement actions, and to issue orders in approved states. If the EPA
determines it will take such actions in Tennessee, the EPA will rely on Federal sanctions, Federal inspection authorities, and other Federal procedures rather than the State analogs. Therefore, the EPA is not incorporating by reference Tennessees procedural and enforcement authorities, although they are listed in 40 CFR
282.92d1ii.
E. What State provisions are not part of the codification?
As discussed in section I.H. above, some provisions of the States Petroleum UST Program are not part of the federally approved State Petroleum UST
Program because they are broader in scope than the Federal UST program.
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 enforcement in part 282. See 40 CFR
281.12a3ii. In addition, provisions that are external to the state UST
program approval requirements, but included in the State Application, are also being excluded from incorporation by reference in part 282. For reference and clarity, 40 CFR 282.92d1iii lists the Tennessee statutory and regulatory provisions which are broader in scope than the Federal program or external to State UST program approval requirements. These provisions are, therefore, not part of the approved UST
Program that the EPA is codifying.
Although these provisions cannot be enforced by the EPA, the State will continue to implement and enforce such provisions under State law.
III. Statutory and Executive Order E.O. Reviews The EPAs actions merely approve and codify Tennessees revised Petroleum UST Program requirements pursuant to RCRA section 9004, and do
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not impose additional requirements other than those imposed by State law.
For that reason, these actions:
Are not significant regulatory actions and have been exempted from review by the Office of Management and Budget under Executive Orders 12866
58 FR 51735, October 4, 1993 and 13563 76 FR 3821, January 21, 2011;
Do not impose an information collection burden under the provisions of the Paperwork Reduction Act 44
U.S.C. 3501 et seq.;
Are certified as not having a significant economic impact on a substantial number of small entities under the Regulatory Flexibility Act 5
U.S.C. 601 et seq.;
Do not contain any unfunded mandate or significantly or uniquely affect small governments, as described in the Unfunded Mandates Reform Act of 1995 Pub. L. 1044;
Do not have federalism implications as specified in Executive Order 13132
64 FR 43255, August 10, 1999;
Are not economically significant regulatory actions based on health or safety risks subject to Executive Order 13045 62 FR 19885, April 23, 1997;
Are not subject to Executive Order 13211 66 FR 28355, May 22, 2001
because they are not significant regulatory actions under Executive Order 12866 58 FR 51735, October 4, 1993;
Are not subject to the requirements of section 12d of the National Technology Transfer and Advancement Act of 1995 15 U.S.C. 272 note because application of those requirements would be inconsistent with RCRA;
Do not provide the EPA with the discretionary authority to address, as appropriate, disproportionate human health or environmental effects, using practicable and legally permissible methods, under Executive Order 12898
59 FR 7629, February 16, 1994; and Do not apply on any Indian reservation land or in any other area where the EPA or an Indian tribe has demonstrated that a tribe has jurisdiction. The rule does not have tribal implications as specified by Executive Order 13175 65 FR 67249, November 9, 2000, nor will it impose substantial direct costs on tribal governments or preempt tribal law.
As required by section 3 of Executive Order 12988 61 FR 4729, February 7, 1996, in issuing this rule, the EPA has taken the necessary steps to eliminate drafting errors and ambiguity, minimize potential litigation, and provide a clear legal standard for affected conduct.
The Congressional Review Act, 5
U.S.C. 801 et seq., as added by the Small Business Regulatory Enforcement
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