Je veux savoir à propos de…

lotter on DSK11XQN23PROD with RULES1

49258

Federal Register / Vol. 86, No. 168 / Thursday, September 2, 2021 / Rules and Regulations
www.archives.gov/federal-register/cfr/
ibr-locations.html.
A EPA-Approved Kansas Statutory Requirements Applicable to the Underground Storage Tank Program, July 2015.
B EPA-Approved Kansas Regulatory Requirements Applicable to the Underground Storage Tank Program, July 2020.
ii Legal basis. EPA evaluated the following statutes, which provide the legal basis for the States implementation of the underground storage tank program, but they are not being incorporated by reference for enforcement purposes and do not replace Federal authorities: Kansas Statutes Annotated, Chapter 65, Public Health, Article 34, Kansas Storage Tank Act, Sections: 108Enforcement of act:
Duties of owner or operator; records, reports, documents, other information;
109Unlawful acts: penalties; and 113Civil penalties and remedies for violations.
iii Provisions not incorporated by reference. The following statutory and regulatory provisions are broader in scope than the Federal program, are not part of the approved program, and are not incorporated by reference in this section for enforcement purposes:
A Kansas Statutes Annotated, Chapter 65, Public Health, Article 34, Kansas Storage Tank Act, Sections:
105a2 and 105a13 as they apply to aboveground storage tanks; 105a8 as it applies to tank tightness tester qualifications; 105a10 as it applies to registration and permit fees; 105a11
and 105a12 as they apply to licensing tank installers and/or contractors and fees for these licenses; 106 as it applies to aboveground storage tanks and permits to construct, install, or modify storage tanks; 110 as it applies to licensing tank installers and contractors;
111 as it applies to suspension of licenses; 112 as it applies to agreements between secretary and local governments; 114 as it applies to the underground petroleum storage tank release trust fund; 117 as it applies to the environmental assurance fee; 118 as it applies to corrective action for aboveground storage tanks; 119125 as they apply to the petroleum storage tank release trust funds; 126 and 127 as they apply to the third party liability insurance plan; 128 as it applies to the storage tank fee fund; 129 and 130 as they apply to the aboveground petroleum storage tank release trust fund; 131134 and 139 as they apply to the UST redevelopment fund.
B Kansas Department of Health and Environment Permanent Administrative Regulations, Chapter 28, Article 44,
VerDate Sep<11>2014

15:55 Sep 01, 2021

Jkt 253001

Petroleum Products Storage Tanks, Sections: 12c as it applies to the suspension and revocation of licenses;
12d as it applies to fee payments; 15
as it applies to underground storage tank installation or modification permits and the fees for these permits; 17bf as they apply to the fees for underground storage tank registration and annual operating permits and the associated penalties; 18 as it applies to registration of non-regulated underground storage tanks; 2022 as they apply to licensing underground storage tank contractors, installers, testers, and removers, fees for these licenses, and the suspension or revocation of tester licenses; 29 as it applies to aboveground storage tanks.
2 Statement of legal authority. The Attorney Generals Letter of Certification, signed by the Kansas Attorney General on August 23, 1993, and December 4, 2020, though not incorporated by reference, are referenced as part of the approved underground storage tank program under Subtitle I of RCRA, 42 U.S.C.
6991 et seq.
3 Demonstration of procedures for adequate enforcement. The Demonstration of Adequate Enforcement Procedures submitted as part of the original application on July 2, 1992, and as part of the program revision application on February 11, 2021, though not incorporated by reference, is referenced as part of the approved underground storage tank program under Subtitle I of RCRA, 42
U.S.C. 6991 et seq.
4 Program description. The program description and any other material submitted as part of the original application on July 2, 1992, and as part of the program revision application on February 11, 2021, though not incorporated by reference, are referenced as part of the approved underground storage tank program under Subtitle I of RCRA, 42 U.S.C.
6991 et seq.
5 Memorandum of Agreement. The Memorandum of Agreement between EPA Region 7 and the Kansas Department of Health and Environment, signed by the EPA Regional Administrator on March 25, 2019, though not incorporated by reference, is referenced as part of the approved underground storage tank program under Subtitle I of RCRA, 42 U.S.C.
6991 et seq.
3. Appendix A to part 282 is amended by revising the entry for Kansas to read as follows:

PO 00000

Frm 00030

Fmt 4700

Sfmt 4700

Appendix A to Part 282State Requirements Incorporated by Reference in Part 282 of the Code of Federal Regulations

Kansas a The statutory provisions include Kansas Statutes Annotated, 2015; Chapter 65, Public Health; Article 34, Solid and Hazardous Waste; Section 100 et seq., Kansas Storage Tank Act:
Section 100 Statement of legislative findings Section 101 Citation of Act Section 102 Definitions Section 103 Exceptions to application of Act Section 104 Notification to department of tanks existence Section 105 Rules and regulations, except for 6534, 105 a2, the following words in a8, including determination of the qualifications of persons performing or offering to perform such testing, a10, a11, a12 and the following words in a13, and aboveground storage tanks in existence on July 1, 1992 and and aboveground storage tanks placed in service prior to July 1, 1992
Section 106 Permit to construct, install, modify, or operate storage tank, except the following words in the title and a, construct, install, modify or and and any aboveground storage tank registered with the department on July 1, 1992, Section 107 Evidence of financial responsibility required; limitation of liability Section 115 Liability for costs of corrective action Section 118 Corrective action; duties of owners and operators; duties of Secretary;
consent agreement; contents, except for the following words in b, or from the aboveground fund, if the release was from an aboveground petroleum storage tank. and or from the aboveground fund, if the release was from an aboveground petroleum storage tank.
Section 135 Underground storage tank operators, training program, requirements Section 138 Underground storage tank systems; secondary containment b The regulatory provisions include Kansas Administrative Regulations, 2020;
Chapter 28, Department of Health and Environment; Article 44, Petroleum Products Storage Tanks:
Section 12 General provisions, except c and d Section 13 Program scope and interim prohibition Section 14 Definitions Section 16 Underground storage tank systems: Design, construction, installation, modification, and notification Section 17 Underground storage tank registration and operating permit, except b, the following words in c, be assessed a penalty fee of $50.00 for each tank if the owner fails to, d, e, and f Section 19 General operating requirements Section 23 Release detection Section 24 Release reporting, investigation, and confirmation
E:FRFM02SER1.SGM

02SER1