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Federal Register / Vol. 86, No. 30 / Wednesday, February 17, 2021 / Rules and Regulations
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program has not previously been codified.
G. What changes are we approving with this action and what standards do we use for review?
In order to be approved, each state program application must meet the general requirements in 40 CFR 281.11, and specific requirements in 40 CFR
Subpart B Components of a Program Application; Subpart C Criteria for No Less Stringent; and Subpart D
Adequate Enforcement of Compliance.
This also is true for proposed revisions to approved state programs.
As more fully described below, the State has made the changes to its approved UST program to reflect the 2015 Federal Revisions. EPA is approving the States changes because they are equivalent to, consistent with, and no less stringent than the federal UST program and because EPA has confirmed that the Indiana UST
program will continue to provide for adequate enforcement of compliance as described in 40 CFR 281.11b and part 281, Subpart D after this approval.
The Indiana Department of Environmental Management IDEM or Department is the lead implementing agency for the UST program in Indiana, except in Indian country.
IDEM continues to have broad statutory authority to regulate the installation, operation, maintenance, and closure of USTs, as well as UST
releases under Indiana Code Title 4
State Offices and Administration, Article 22 Administrative Rules and Procedures, Chapter 2, Adoption of Administrative Rules; and selected provisions from Title 13 Environment, Article 23 Underground Storage Tanks.
The Indiana UST Program gets its enforcement authority from the powers of the Department found in IC Sections 421.54, 131426. 131427, 13
2314, 1323143, and 13303.
Under IC 131422, an employee or agent of the Department has the authority to enter and inspect any property premises or place where regulated substances are stored at any reasonable time. In the case of a release, IC Sections 1323132, 1323134, and 13231312 provide employees or agents of the Department the authority to take such action as necessary, including the authority to enter any property, premises or place where an UST is located for inspection, in order to conduct sampling, and to have access to records. IC Section 1323131
provides the Department with rulemaking authority for corrective action. Notice of violation may be issued, and penalties for non-

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compliance with Indianas UST Act may be assessed under IC 133033. The State also includes requirements for delivery prohibitions in the event of non-compliance as described in 329
Indiana Administrative Code IAC
Section 9115.1.
Specific authorities to regulate the installation, operation, maintenance, and closure of USTs, as well as UST
releases are found under IC 1323, in addition to the regulatory provisions in 329 IAC Article 9 Underground Storage, as amended effective June 28, 2018;
Reporting and recordkeeping requirements are found under 329 IAC
931. The aforementioned statutory and regulatory sections satisfy the requirements of 40 CFR 281.40 and 281.41.
Through a Memorandum of Agreement between the State of Indiana and EPA, signed by EPA Region 5
Regional Administrator November 27, 2018, the State maintains procedures for receiving and ensuring proper consideration of information about violations submitted by the public. The State agrees to comply with public participation provisions contained in 40
CFR 281.42 including the provision that the State will not oppose intervention under Rule 24 of the Indiana Rules of Court, Rules of Trial Procedure, in the same manner as the Federal rules at 40
CFR 281.42.
To qualify for final approval, revisions to a states program must be equivalent to, consistent with, and no less stringent than the 2015 Federal Revisions. In the 2015 Federal Revisions, EPA addressed UST systems deferred in the 1988 UST regulations, and added, among other things, new operation and maintenance requirements; secondary containment requirements for new and replaced tanks and piping; operator training requirements; and a requirement to ensure UST system compatibility before storing certain biofuel blends. In addition, EPA removed past deferrals for emergency generator tanks, field constructed tanks, and airport hydrant systems. EPA analyzes revisions to approved state programs pursuant to the criteria found in 40 CFR 281.30 through 281.39.
The Department has revised its regulations to help ensure that the states UST program revisions are equivalent to, consistent with, and no less stringent than the 2015 Federal Revisions. In particular, the Department has amended Indiana Administrative Code to incorporate the revised requirements of 40 CFR part 280, including the requirements added by the 2015 Federal Revisions. The State,
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therefore, has ensured that the criteria found in 40 CFR 281.30 through 281.38
are met.
Title 40 CFR 281.39 describes the state operator training requirements that must be met in order to be considered equivalent to, consistent with, and no less stringent than federal requirements.
Indiana has elected to incorporate by reference the Federal Rules at 329 IAC
911b and c; therefore, Indianas operator training requirements are equivalent to, consistent with, and no less stringent than federal requirements.
As part of the State Application, the Chief Counsel in the Advisory Division of the State of IndianaOffice of the Attorney General certified that the laws of Indiana provide adequate authority to carry out the no less stringent technical requirements submitted by the State in order to meet the criteria in 40
CFR 281.30 through 281.39. EPA is relying 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 supporting documentation for both the statutory and regulatory programs contained in the docket for this rulemaking.
H. Where are the revised rules different from the federal rules?
Broader in Scope Provisions Where an approved state program has a greater scope of coverage than required by federal law, the additional coverage is not part of the federallyapproved program and are not federally enforceable 40 CFR 281.12a3ii.
The following regulatory requirements are considered broader in coverage than the federal program as these state-only regulations are not required by federal regulation and are implemented by the state in addition to the federally approved program:
Indiana Code Title 13, Article 23
Underground Storage Tanks:
Chapter 6 Underground Storage Petroleum Tank Trust Fund, Sections 132361 through 132365; Chapter 7 Underground Petroleum Storage Tank Excess Liability Fund, Sections 1323
71 through 132377; Chapter 8 Use of Money in Excess Liability Fund, Sections 132384 through 132386;
Chapter 9 Payment from Excess Liability Fund, Sections 132391.3 through 132396; and Chapter 13 Corrective Actions, Sections 1323136 and 13
23137, because funds of this type are state specific and are broader in scope than the federal program.
Chapter 12 Fees, Sections 132312
1 through 1323124 because fees are
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