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Federal Register / Vol. 86, No. 30 / Wednesday, February 17, 2021 / Rules and Regulations D. Executive Order 13045: Protection of Children From Environmental Health and Safety Risks
the exterior boundaries of an Indian reservation. EPA will retain responsibilities under RCRA for underground storage tanks in Indian country. Therefore, this action has no effect in Indian country. See 40 CFR
281.12a2.
II. Statutory and Executive Order E.O.
Reviews This action only applies to Indianas UST Program requirements pursuant to RCRA Section 9004 and imposes no requirements other than those imposed by state law. It complies with applicable EOs 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, Oct. 4, 1993 and 13563 76 FR 3821, Jan. 21, 2011. This action approves 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.

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B. Unfunded Mandates Reform Act and Executive Order 13175: Consultation and Coordination With Indian Tribal Governments Because this action approves preexisting requirements under state law and does not impose any additional enforceable duty beyond that required by state law, it does not contain any unfunded mandate or significantly or uniquely affect small governments, as described in the Unfunded Mandates Reform Act of 1995 2 U.S.C. 1531
1538. For the same reason, this action also does not significantly or uniquely affect the communities of tribal governments, as specified by Executive Order 13175 65 FR 67249, November 9, 2000.
C. Executive Order 13132: Federalism This action will not have substantial direct effects on the states, on the relationship between the national government and the states, or on the distribution of power and responsibilities among the various levels of government, as specified in Executive Order 13132 64 FR 43255, Aug. 10, 1999, because it merely approves state requirements as part of the state RCRA Underground Storage Tank Program without altering the relationship or the distribution of power and responsibilities established by RCRA.

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This action also is not subject to Executive Order 13045 62 FR 19885, Apr. 23, 1997, because it is not economically significant and it does not make decisions based on environmental health or safety risks.
E. Executive Order 13211: Actions That Significantly Affect Energy Supply, Distribution, or Use This rule is not subject to Executive Order 13211 66 FR 28355, May 22, 2001 because it is not a significant regulatory action as defined under Executive Order 12866.
F. National Technology Transfer and Advancement Act Under RCRA section 9004b, EPA
grants a states application for approval as long as the state meets the criteria required by RCRA. It would thus be inconsistent with applicable law for EPA, when it reviews a state approval application, to require the use of any particular voluntary consensus standard in place of another standard that otherwise satisfies the requirements of RCRA. Thus, the requirements of section 12d of the National Technology Transfer and Advancement Act of 1995 15 U.S.C. 272 note do not apply.
G. Executive Order 12988: Civil Justice Reform As required by section 3 of Executive Order 12988 61 FR 4729, February 7, 1996, in issuing this rule, EPA has taken the necessary steps to eliminate drafting errors and ambiguity, minimize potential litigation, and provide a clear legal standard for affected conduct.
H. Executive Order 12630:
Governmental Actions and Interference With Constitutionally Protected Property Rights EPA has complied with Executive Order 12630 53 FR 8859, Mar. 15, 1988
by examining the takings implications of the rule in accordance with the Attorney Generals Supplemental Guidelines for the Evaluation of Risk and Avoidance of Unanticipated Takings issued under the executive order.
I. Paperwork Reduction Act This rule does not impose an information collection burden under the provisions of the Paperwork Reduction Act of 1995 44 U.S.C. 3501 et seq..
Burden is defined at 5 CFR 1320.3b.

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J. Executive Order 12898: Federal Actions To Address Environmental Justice in Minority Populations and Low Income Populations Executive Order 12898 59 FR 7629, Feb. 16, 1994 establishes federal executive policy on environmental justice. Its main provision directs federal agencies, to the greatest extent practicable and permitted by law, to make environmental justice part of their mission by identifying and addressing, as appropriate, disproportionately high and adverse human health or environmental effects of their programs, policies, and activities on minority populations and low-income populations in the United States.
Because this rule approves pre-existing state rules which are at least equivalent to, consistent with, and no less stringent than existing federal requirements, and imposes no additional requirements beyond those imposed by state law, and there are no anticipated significant adverse human health or environmental effects, the rule is not subject to Executive Order 12898.
K. Congressional Review Act The Congressional Review Act, 5
U.S.C. 801808, 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. 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. However, this action will be effective April 19, 2021 because it is a direct final rule.
Authority: This rule is issued under the authority of Sections 2002a, 7004b, and 9004, 9005 and 9006 of the Solid Waste Disposal Act, as amended, 42 U.S.C. 6912a, 6974b, and 6991c, 6991d, and 6991e.

List of Subjects in 40 CFR Parts 281 and 282
Environmental protection, Administrative practice and procedure, Hazardous substances, State program approval, and Underground storage tanks.
Dated: February 9, 2021.
Cheryl Newton, Acting Regional Administrator, Region 5.
FR Doc. 202103168 Filed 21621; 8:45 am BILLING CODE 656050P

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