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Federal Register / Vol. 86, No. 4 / Thursday, January 7, 2021 / Rules and Regulations
CFR 281.20, the State submitted 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 the 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 application and the revisions to Arkansass UST
program and determined they are no less stringent than the corresponding Federal requirements in subpart C of 40
CFR part 281, and the Arkansas program provides for adequate enforcement of compliance 40 CFR 281.11b.
Therefore, the EPA grants Arkansas 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. The Arkansas Department of Environmental Quality ADEQ is the lead implementing agency for the UST
program in Arkansas, except in Indian country.
C. What is the effect of this approval decision?
This action does not impose additional requirements on the regulated community because the regulations being approved by this rule are already effective in the State of Arkansas, and they are not changed by this action. This action merely approves the existing State regulations as meeting the Federal requirements and renders them federally enforceable.

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D. Why is EPA using a direct final rule?
The EPA is publishing this direct final rule without a prior proposed rule because we view this as a noncontroversial action and anticipate no adverse comment. Arkansas received comments during its comment period when the rules and regulations in this document were being considered and were proposed at the State level. All comments were addressed at public hearing and/or reflected in the adopted regulations.
E. What happens if the EPA receives comments that oppose this action?
Along with this direct final rule, the 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 revision, providing opportunity for public comment. If EPA receives comments that oppose this approval,
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EPA will withdraw the direct final rule by publishing a document in the Federal Register before the rule becomes effective. The EPA will base any further decision on the approval of the State program changes on the proposal to approve 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 Arkansas previously been approved?
On February 24, 1995, EPA finalized a rule approving the UST program submitted by Arkansas in lieu of the Federal program. On January 18, 1996, EPA codified the approved Arkansas program that is subject to EPAs inspection and enforcement authorities under RCRA sections 9005 and 9006, 42
U.S.C. 6991d and 6991e, and other applicable statutory and regulatory provisions.
G. What changes are we approving with this action?
In order to be approved, the program must provide for adequate enforcement of compliance as described in 40 CFR
281.11b and part 281, subpart D. The ADEQ has broad statutory authority to regulate the installation, operation, maintenance, closure of USTs, and UST
releases under the following: Arkansas Code Annotated ACA, Title 8, Environmental Law; Chapter 1, General Provisions; Subchapter 1 General Provisions section 81107; Subchapter 2 Powers of the Department and the Commission section 81202; Chapter 4
Waste and Air Pollution Control Act;
Subchapter 1 sections 84103d1A
and d3Ad4A; Subchapter 2
Water Pollution section 84224;
Chapter 7 Hazardous Substances;
Subchapter 8 Regulated Substance Storage Tanks; and Subchapter 9
Petroleum Storage Tank Trust Fund Act.
Specific authorities to regulate the installation, operation, maintenance, closure of USTs, and UST releases are found under Arkansas Pollution Control and Ecology Commission APC&EC
Regulation Number 12 Storage Tanks, sections Reg. 12.101 through 12.1002 as amended effective August 24, 2018. The aforementioned regulations satisfy the requirements of 40 CFR 281.40 and 281.41.
The Arkansas DEQs Office of Land Resources OLR provides notice and opportunity for public comment on all proposed rules. The OLR investigates and requires petroleum storage tank
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owners and operators to provide notice about contaminants and submissions of final remediation plans. Requirements for public participation and notification can be found in the ACA at sections 8
4224 and 87803, as well as in Regulation No. 12 at section 12.104
which incorporates the Federal 40 CFR
280.67 by reference and Regulation No.
8 at section 8.604. Arkansas has met the public participation requirements found in 40 CFR 281.42.
To qualify for final approval, a States program must be no less stringent than the Federal program in all elements of the revised EPA final rule published on July 15, 2015 80 FR 41566. EPA
added new operation and maintenance requirements and addressed UST
systems deferred in the 1988 UST
regulations. The changes also added secondary containment requirements for new and replaced tank and piping, operator training requirements, periodic operation and maintenance requirements for UST systems, and requirements to ensure UST system compatibility before storing certain biofuel blends. It removed past deferrals for emergency generator tanks, field constructed tanks and airport hydrant systems.
The ADEQ made updates to their regulations to ensure that they were no less stringent than the Federal regulations which were revised on July 15, 2015 80 FR 41566. Title 40 CFR
281.30 through 281.39 contains the no less stringent than criteria that a State must meet in order to have its UST
program approved. In the States application for approval of its UST
program, the Arkansas Assistant Attorney General certified that it meets the requirements listed in 40 CFR
281.30 through 281.39. EPA has relied on this certification in addition to the analysis submitted by the State in making our determination. For further information on EPAs analysis of the States application, see the Technical Support Document TSD contained in the docket for this rulemaking. The corresponding State regulations are as follows:
Title 40 CFR 281.30 lists the Federal requirements for new UST system design, construction, installation, and notification with which a State must comply in order to be found to be no less stringent than Federal requirements. APC&EC Regulation No.
12 Storage Tanks, section 12.104
incorporates the necessary elements of 40 CFR 280 by reference. Additionally, the State includes requirements for notification and notification reporting at APC&EC Regulation No. 12 Storage Tanks, section 12.201A, requiring UST

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