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Federal Register / Vol. 86, No. 30 / Wednesday, February 17, 2021 / Rules and Regulations
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broader in scope and not imposed by the federal program.
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:
Under 329 Indiana Administrative Code IAC:
At Section 329 IAC 922f Indiana requires UST system owners and operators to ensure that workers performing UST installations, testing, upgrades, closures, removals, and change in service are certified by the State Fire Marshall. The federal regulations do not require certification making the state requirement more stringent.
At Section 329 IAC 922g Indiana requires UST system owners and operators to submit notice of temporary closure, upgrades, or release detection installation within 30 days of completing such actions. The federal regulations do not contain similar requirements.
Indiana has state-only provisions related to reporting at 329 IAC 93
1b4, and b6b15. These additional reporting requirements are more stringent than the federal regulations because 40 CFR 280.34 does not require the submittal of the documentation described in this state program requirement.
At Section 329 IAC 931c5
c10 the state has additional recordkeeping requirements that require retention of additional items not required by the federal regulations.
These additional requirements make the state program more stringent than the federal regulations.
329 IAC 923 requires UST system owners or operators to certify compliance with the release detection requirements of 40 CFR 280, Subpart D
and Indiana Article 9 within the states notification forms. The federal program requires certification, but does not require the use of specific notification forms or that the person who performs the work be certified by the state fire marshal, making this state-only requirement more stringent.
At Section 329 IAC 944a1 the State requires owners and operators to contain, cleanup a spill or overfill, and
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report the incident in cases when a petroleum release to the environment equals or exceeds 25 gallons at 329 IAC
944a1A. This state provision is more stringent than the federal regulations, because under the federal regulations these actions are only required if the release of petroleum exceeds 25 gallons.
Section 329 IAC 955.1 is more stringent because Indiana has additional and more detailed requirements for site characterization after release than federal regulations. Specifically, at 329
IAC 955.1b, Indiana requires an investigation and submittal of a signed report detailing specific information concerning site background, release incident description, initial response and abatement, free product recovery, investigation, sampling, results and conclusions, and recommendations.
At Section 329 IAC 954.2 the state provision is more stringent because Indiana has a more detailed requirement for the safe handling of flammable products. Specifically, at 329 IAC 95
4.23, Indiana requires that flammable products be handled in in accordance with the site health and safety plan which is required under the States corrective action plan at Section 329
IAC 957e.
329 IAC 956 addresses further site investigations for soil and ground water cleanup. The state provisions are more stringent than the federal regulations because Indiana has additional and more detailed requirements for further site investigation in the event evidence exists that a contaminant exceeds the cleanup objectives of IC 131232.
At Section 329 IAC 957 the state provisions are more stringent because Indiana has additional and more detailed requirements for the corrective action plan than the federal regulations including consideration of the proximity of potential contaminant receptors and suitability of chosen remediation method when approving corrective action plans and adherence to a written health and safety plan.
At 329 IAC 965d the State requires owners and operators provide certification of closure compliance pursuant to the notification form requirements at 329 IAC 922 see specifically 329 IAC 922f and g.
The federal program does not include a similar requirement making the state provision potentially more stringent than the federal regulations.
At 329 IAC 962.1a the State requires owners and operators to notify both the department and the office of the state fire marshal before beginning permanent closure or a change-inservice where the federal regulation
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requires notification only of the implementing agency. The state provision is more stringent than federal regulations because of this additional notification requirement.
Section 329 IAC 963 requires that when previously closed UST systems must be assessed and closed as directed by the State Commissioner, the closures be performed by a person certified under the rules of the fire prevention and building safety commission at 675
IAC 1212. The States requirement for certification is more stringent than federal regulations.
At Section 329 IAC 984a the state provision is more stringent than the federal regulations as it requires all UST
system owners and operators to maintain financial responsibility for corrective action and third-party claims in a per-occurrence amount of at least $1 million, without considering their monthly throughput or whether they are located at petroleum marketing facilities. The federal regulations allow owners or operators who do not meet the requirement of 280.93a1 to maintain financial responsibility of $500,000.
At Section 329 IAC 9817b this state provision continues to require that the local government fund be funded for ten times the full amount of coverage required under 329 IAC 984 though EPA reduced the required local government fund funding amount from ten times the full amount of coverage required under 280.93 to five times the coverage. The States higher coverage requirement makes the state provision more stringent than the federal regulations.
At Section 329 IAC 9825a and b the State requires owners or operators to replenish guarantees, letters of credit and surety bonds by the anniversary date or within 120 days after the reduction has occurred, whichever is sooner. The States inclusion of this other option and subjecting owners or operators to whichever option is sooner is more stringent than the federal program that does not contain these requirements.
I. How does this action affect Indian country 18 U.S.C. 1151 in Indiana?
EPAs approval of Indianas 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
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