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Federal Register / Vol. 86, No. 30 / Wednesday, February 17, 2021 / Rules and Regulations
Federal Register informing the public that the rule will not take effect.
ADDRESSES: Submit your comments, identified by EPAR05UST20200685
by one of the following methods:
1. Federal eRulemaking Portal:
https www.regulations.gov. Follow the online instructions for submitting comments.
2. Email: Kamke.Sherry@epa.gov.
Instructions: Direct your comments to Docket ID No. EPAR05UST2020
0685. EPAs policy is that all comments received will be included in the public docket without change and may be available online at https
www.regulations.gov, including any personal information provided, unless the comment includes information claimed to be Confidential Business Information CBI or other information whose disclosure is restricted by statute.
Do not submit information that you consider to be CBI or otherwise protected through https
www.regulations.gov, or email. The federal https www.regulations.gov website is an anonymous access system, which means EPA will not know your identity or contact information unless you provide it in the body of your comment. If you send an email comment directly to EPA without going through https
www.regulations.gov, your email address will be automatically captured and included as part of the comment that is placed in the public docket and made available on the internet. If you submit an electronic comment, EPA
recommends that you include your name and other contact information in the body of your comment and with any disk or CDROM you submit. If EPA
cannot read your comment due to technical difficulties, and cannot contact you for clarification, EPA may not be able to consider your comment.
Electronic files should avoid the use of special characters, any form of encryption, and be free of any defects or viruses.
EPA encourages electronic submittals, but if you are unable to submit electronically, please reach out to EPA
contact person listed in the notice for assistance with additional submission methods.
You can view and copy the documents that form the basis for this action and associated publicly available materials through www.regulations.gov.
FOR FURTHER INFORMATION CONTACT:
Sherry Kamke, Environmental Engineer, Corrective Action Section 3, Remediation Branch LR17J, EPA
Region 5, 77 West Jackson Boulevard, Chicago, Illinois 60604, 312 3535794,
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Kamke.Sherry@epa.gov. Out of an abundance of caution for members of the public and our staff, EPAs Region 5 office will be closed to the public to reduce the risk of transmitting COVID
19. We encourage the public to submit comments via https
www.regulations.gov or via email.
Please call or email the contact listed above if you need alternative means to access the material provided in the docket.
SUPPLEMENTARY INFORMATION:
I. Approval of Revisions to Indianas Underground Storage Tank Program A. Why are revisions to state programs necessary?
States which have received final approval from EPA under RCRA section 9004b of RCRA, 42 U.S.C. 6991cb, must maintain an underground storage tank program that is equivalent to, consistent with, and no less stringent than the federal underground storage tank program. When EPA makes revisions to the regulations that govern the UST program, states must revise their programs to comply with the updated regulations and submit these revisions to EPA for approval. Most commonly, states must change their programs because of changes to EPAs regulations in 40 Code of Federal Regulations CFR part 280. States can also initiate changes on their own to their underground storage tank program and these changes must then be approved by EPA.
B. What decisions has EPA made in this rule?
On October 11, 2018, in accordance with 40 CFR 281.51a, Indiana submitted a complete program revision application seeking EPA approval for its UST program revisions State Application. Indianas revisions correspond to EPAs final rule published on July 15, 2015 80 FR
41566, which revised the 1988 UST
regulations and the 1988 state program approval SPA regulations 2015
Federal Revisions. As required by 40
CFR 281.20, the State Application contains the following: A transmittal letter from the Governor requesting approval, a description of the program and operating procedures, a demonstration of the states procedures to ensure adequate enforcement, a Memorandum of Agreement outlining the roles and responsibilities of EPA
and the implementing agency, a statement of certification from the Attorney General, and copies of all relevant state statutes and regulations.
We have reviewed the State Application
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and determined that the revisions to Indianas UST program are equivalent to, consistent with, and no less stringent than the corresponding federal requirements in subpart C of 40 CFR
part 281, and that the Indiana program provides for adequate enforcement of compliance 40 CFR 281.11b.
Therefore, EPA grants Indiana final approval to operate its UST program with the changes described in the program revision application and as outlined below in Section I.G of this document.
C. What is the effect of this action on the regulated community?
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 Indiana, and are not changed by this action. This action merely approves the existing state regulations as meeting the federal requirements and renders them federally enforceable.
D. Why is EPA using a direct final rule?
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. Indiana did not receive any comments during its comment period when the rules and regulations being considered today were proposed at the state level.
E. What happens if EPA receives comments that oppose this action?
Along with this direct final rule, EPA
is publishing a separate document in the Proposed Rules section of this Federal Register that serves as the proposal to approve the States UST
program revisions, and provides an opportunity for public comment. If EPA
receives comments that oppose this approval, EPA will withdraw this direct final rule by publishing a document in the Federal Register before it becomes effective. EPA will base any further decision on approval of the State Application after considering all comments received during the comment period. 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.
F. For what has Indiana previously been approved?
On August 11, 2006, EPA finalized a rule approving the UST program that Indiana proposed to administer in lieu of the federal UST program. The States
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