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Federal Register / Vol. 86, No. 172 / Thursday, September 9, 2021 / Rules and Regulations Fairness Act of 1996, generally provides that before a rule may take effect, the agency promulgating the rule must submit a rule report, which includes a copy of the rule, to each House of the Congress and to the Comptroller General of the United States. The EPA will submit a report containing this document and other required information to the U.S. Senate, the U.S.
House of Representatives, and the Comptroller General of the United States prior to publication in the Federal Register. A major rule cannot take effect until 60 days after it is published in the Federal Register. This action is not a major rule as defined by 5 U.S.C. 8042. This final action will be effective November 8, 2021.
List of Subjects in 40 CFR Parts 281 and 282
Environmental protection, Administrative practice and procedure, Hazardous substances, Incorporation by reference, Indian country, Petroleum, Reporting and recordkeeping requirements, State program approval, Underground storage tanks.
Authority: This action is issued under the authority of sections 2002a, 7004b, 9004, 9005, and 9006 of the Solid Waste Disposal Act, as amended, 42 U.S.C. 6912a, 6974b, 6991c, 6991d, and 6991e.
Dated: August 30, 2021.
John Blevins, Acting Regional Administrator, Region 4.

For the reasons set forth in the preamble, the EPA is amending 40 CFR
part 282 as follows:
PART 282APPROVED
UNDERGROUND STORAGE TANK
PROGRAMS
1. The authority citation for part 282
continues to read as follows:

Authority: 42 U.S.C. 6912, 6991c, 6991d, and 6991e.

2. Revise 282.92 to read as follows:

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282.92 Tennessee State-Administered Program.

a History of the approval of Tennessees program. The State of Tennessee Tennessee or State is approved to administer and enforce a petroleum underground storage tank UST program in lieu of the Federal program under subtitle I of the Resource Conservation and Recovery Act of 1976
RCRA, as amended, 42 U.S.C. 6991 et seq. The States Petroleum Underground Storage Tank Program Petroleum UST
Program, as administered by the Tennessee Department of Environment and Conservation TDEC, was approved by the EPA pursuant to 42 U.S.C. 6991c
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and part 281 of this chapter. The EPA
approved the Tennessee Petroleum UST
Program on November 17, 1998, and it was effective on January 15, 1999. A
subsequent program revision was approved by the EPA and became effective November 8, 2021.
b Enforcement authority. Tennessee has primary responsibility for administering and enforcing its federally approved Petroleum UST
Program. However, the EPA retains the authority to exercise its corrective action, inspection, and enforcement authorities under sections 9003h, 9005, and 9006 of subtitle I of RCRA, 42
U.S.C. 6991bh, 6991d, and 6991e, as well as under any other applicable statutory and regulatory provisions. The EPA also retains all authority to operate the hazardous substance underground storage tank program.
c Retention of program approval. To retain program approval, Tennessee must revise its approved Petroleum UST
Program to adopt new changes to the Federal subtitle I program which make it more stringent, in accordance with section 9004 of RCRA, 42 U.S.C. 6991c, and 40 CFR part 281, subpart E. If Tennessee obtains approval for revised requirements pursuant to section 9004
of RCRA, 42 U.S.C. 6991c, the newly approved statutory and regulatory provisions will be added to this subpart and notice of any change will be published in the Federal Register.
d Final approval. Tennessee has final approval for the following elements of its Petroleum UST Program submitted to the EPA and approved effective January 15, 1999, and the program revisions approved by the EPA
effective on November 8, 2021.
1 State statutes and regulationsi Incorporation by reference. The Tennessee materials cited in this paragraph d1i and listed in appendix A to this part, are incorporated by reference as part of the Petroleum UST Program under subtitle I of RCRA, 42 U.S.C. 6991 et seq. The Director of the Federal Register approves this incorporation by reference in accordance with 5 U.S.C. 552a and 1 CFR part 51. You may access copies of the Tennessee statutes and regulations that are incorporated by reference in this paragraph d1i from the Tennessee Department of Environment and Conservation, Division of Underground Storage Tanks, William R. Snodgrass Tennessee Tower, 12th Floor, 312 Rosa L. Parks Ave., Nashville, TN 37243; Phone number:
615 5320730; website: https
www.tn.gov/environment/programareas/ust-underground-storage-tanks/
ust/act-rules-and-policies.html. You
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may inspect all approved material at the EPA Region 4, 61 Forsyth Street SW, Atlanta, Georgia 30303; Phone number:
404 5629900; or the National Archives and Records Administration NARA, email: fedreg.legal@nara.gov;
website: https www.archives.gov/
federal-register/cfr/ibr-locations.html.
A Tennessee Statutory Requirements Applicable to the Petroleum Underground Storage Tank Program, dated May 11, 2021.
B Tennessee Regulatory Requirements Applicable to the Petroleum Underground Storage Tank Program, dated May 11, 2021.
ii Legal basis. The EPA considered the following statutes and regulations which provide the legal basis for the States implementation of the Petroleum UST Program, but these provisions do not replace Federal authorities. Further, these provisions are not being incorporated by reference, unless the provisions place requirements on regulated entities.
A Tennessee Petroleum Underground Storage Tank Act the UST Act of 1988, Tenn. Code Ann.
sections 68215101 to 68215204
2018. 1 Section 68215106c, e, and f, insofar as these provisions provide for delivery prohibition and enforcement of the Petroleum UST
Program.
2 Section 68215106d, insofar as it provides for criminal prosecution under the UST Act.
3 Section 68215107a, insofar as it establishes authority over the placement and storage of petroleum substances in underground storage tanks, release prevention, release detection, release correction, closure, and post-closure care of petroleum underground storage tanks in Tennessee.
4 Section 68215107b, insofar as it provides for the issuance of orders to enforce the Petroleum UST Program.
5 Section 68215107c and d, insofar as these provisions identify specific authorities for release response and corrective actions, including in response to an imminent and substantial danger.
6 Section 68215107e, insofar as it identifies specific authorities for compliance monitoring and enforcement.
7 Section 68215107f, insofar as it provides for the promulgation of regulations for the implementation of the Petroleum UST Program.
8 Section 68215107g1, insofar as it provides evaluation considerations for the States approval of a cleanup plan.

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