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Federal Register / Vol. 86, No. 187 / Thursday, September 30, 2021 / Rules and Regulations
fund; NRS 459.8122 and 459.8202 are broader in scope than the Federal underground storage tank program because these particular definitions are exclusive to aboveground storage tanks;
and NRS 459.8363, 459.838, and 459.840 are broader in scope than the Federal program because they are applicable to certain State-only fees and funds, and fees and funds are not included in the Federal program and are broader in scope.

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More Stringent Provisions Where an approved state program includes requirements that are considered more stringent than required by Federal law, the more stringent requirements become part of the federally-approved program 40 CFR
281.12a3i.
The following regulatory requirements are considered more stringent than the Federal program, and on approval, they become part of the federally-approved program and are federally enforceable:
NAC 459.9945 requires secondary containment of tanks beginning with those installed on or after July 1, 2008, which is more stringent than the Federal program that subjected tanks to the secondary containment requirement in 2015;
NAC 459.994 includes an additional provision related to tank tightness testing that is more stringent than the Federal program for example, NAC
459.9942 requires the testing to be performed by a contractor certified by the Division and that a certificate issued by the contractor be retained by the owner or operator, and NAC 459.9943
allows the testing to be waived for abandoned underground storage tanks if there is a threat to human health or the environment.;
NAC 445A Water Controls, section 445A.226951 requires immediate action . . . under certain circumstances;
Director may waive certain requirements, which is more stringent than the Federal program because Nevada requires immediate action in certain circumstances where the Federal program does not; and NAC 445A.227 and 445A.22725, which include a provision that the Director may consider certain factors when determining whether a corrective action is required, making the State provisions more stringent than the Federal program because Nevada may require owners/operators to take corrective action in circumstances not required by the Federal program.

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I. How does this action affect Indian country 18 U.S.C. 1151 in Nevada?
The EPAs approval of Nevadas Program does not extend to Indian country as defined in 18 U.S.C. 1151.
Indian country generally includes any land held in trust by the United States for an Indian tribe, and any other areas that are Indian country within the meaning of 18 U.S.C. 1151. Any lands removed from an Indian reservation status by Federal court action are not considered reservation lands even if located within the exterior boundaries of an Indian reservation. The 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 Nevadas 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 Orders 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.
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.

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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.
D. Executive Order 13045: Protection of Children From Environmental Health and Safety Risks 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 authorization 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, the 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 the 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 authorization, the EPA has taken the necessary steps to eliminate drafting errors and ambiguity, minimize potential litigation, and provide a clear legal standard for affected conduct.

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