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Federal Register / Vol. 86, No. 4 / Thursday, January 7, 2021 / Rules and Regulations
began requiring secondary containment for new tanks installed after July 1, 2007.
At APC&EC Regulation No. 12 Storage Tanks, section 12.109C, the State began requiring under dispenser containment for specific tank systems installed after July 1, 2007.
At APC&EC Regulation No. 12 Storage Tanks, section 12.109B, the State began requiring secondary containment for existing tanks replaced after July 1, 2007.
At APC&EC Regulation No. 12 Storage Tanks, Chapter 6 Licensing of Underground Storage Tank Testers, section 12.602 through 12.613, Arkansas requires UST testers to be licensed in a manner that is not required by the Federal program; however, this is consistent with the licensing of other tank professionals.
I. How does this action affect Indian country 18 U.S.C. 1151 in Arkansas?
Arkansas is not authorized to carry out its Program in Indian country 18
U.S.C. 1151 within the State. This authority remains with EPA. Therefore, this action has no effect in Indian country. See 40 CFR 281.12a2.
II. Codification A. What is codification?
Codification is the process of placing a States statutes and regulations that comprise the States approved UST
program into the CFR. Section 9004b of RCRA, as amended, allows the EPA
to approve State UST programs to operate in lieu of the Federal program.
The EPA codifies its authorization of State programs in 40 CFR part 282 and incorporates by reference State regulations that the EPA will enforce under RCRA sections 9005 and 9006
and any other applicable statutory provisions. The incorporation by reference of State authorized programs in the CFR should substantially enhance the publics ability to discern the current status of the approved State program 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.

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B. What is the history of codification of Arkansass UST program?
The EPA incorporated by reference Arkansass then-approved UST program effective March 18, 1996 61 FR 1213;
January 18, 1996. In this document, the EPA is revising 40 CFR 282.53 to include the approved revisions.

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C. What codification decisions have we made in this rule?
In this rule, we are finalizing regulatory text that includes incorporation by reference. In accordance with the requirements of 1
CFR 51.5, we are finalizing the incorporation by reference of the Arkansas rules described in the amendments to 40 CFR part 282 set forth below. The EPA has made, and will continue to make, these documents generally available through https
www.regulations.gov and/or in hard copy at the EPA Region 6 office see the ADDRESSES section of this preamble for more information.
The purpose of this Federal Register document is to codify Arkansass approved UST program. The codification reflects the State program that would be in effect at the time the EPAs approved revisions to the Arkansas UST program addressed in this direct final rule become final. The document incorporates by reference Arkansass UST regulations and clarifies which of these provisions are included in the approved and federally enforceable program. By codifying the approved Arkansas program and by amending the Code of Federal Regulations CFR, the public will more easily be able to discern the status of the federally-approved requirements of the Arkansas program.
The EPA is incorporating by reference the Arkansas approved UST program in 40 CFR 282.53. Section 282.53d1iA incorporates by reference for enforcement purposes the States statutes and regulations. Section 282.53 also references the Attorney Generals Statement, the Demonstration of Procedures for Adequate Enforcement, the Program Description, and the Memorandum of Agreement, which are approved as part of the UST
program under subtitle I of RCRA.
D. What is the effect of Arkansass codification on enforcement?
The EPA retains the authority under Subtitle I of RCRA sections 9003h, 9005 and 9006, 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. With respect to these actions, EPA will rely on Federal sanctions, Federal inspection authorities, and Federal procedures rather than the State authorized analogues to these provisions.
Therefore, the EPA is not incorporating by reference such particular, approved Arkansas procedural and enforcement
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authorities. Section 282.53d1ii of 40
CFR lists those approved Arkansas authorities that would fall into this category.
E. What State provisions are not part of the codification?
The public also needs to be aware that some provisions of the States UST
program are not part of the federallyapproved State program. Such provisions are not part of the RCRA
Subtitle I program because they are broader in coverage than Subtitle I of RCRA. Title 40 CFR 281.12a3ii states that 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 coverage than the Federal program are not incorporated by reference for purposes of enforcement in part 282.
Section 282.53d1iii of the codification simply lists for reference and clarity the Arkansas statutory and regulatory provisions which are broader in scope than the Federal program and which are not, therefore, part of the approved program being codified today. Provisions that are broader in scope cannot be enforced by EPA; the State, however, will continue to implement and enforce such provisions under State law.
III. Statutory and Executive Order Reviews This action only applies to Arkansass UST Program requirements pursuant to RCRA section 9004 and imposes no requirements other than those imposed by State law. It complies with applicable Executive Orders E.O.s and statutory provisions as follows:
A. Executive Order 12866 Regulatory Planning and Review, Executive Order 13563: Improving Regulation and Regulatory Review The Office of Management and Budget OMB has exempted this action from the requirements of Executive Order 12866 58 FR 51735, October 4, 1993
and 13563 76 FR 3821, January 21, 2011. This action approves and codifies State requirements for the purpose of RCRA section 9004 and imposes no additional requirements beyond those imposed by State law. Therefore, this action is not subject to review by OMB.
B. Executive Order 13771: Reducing Regulations and Controlling Regulatory Costs This action is not a regulatory action under Executive Order 13771 82 FR
9339, February 3, 2017 because actions
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