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Federal Register / Vol. 86, No. 39 / Tuesday, March 2, 2021 / Rules and Regulations submit an electronic comment, EPA
recommends that you include your name and other contact information in the body of your comment. If EPA
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Docket: All documents in the docket are listed in the https
www.regulations.gov index. Although listed in the index, some information might not be publicly available, e.g., CBI
or other information whose disclosure is restricted by statute. Publicly available docket materials are available electronically through https
www.regulations.gov.
FOR FURTHER INFORMATION CONTACT:
Thomas UyBarreta, 215 8142953, uybarreta.thomas@epa.gov, RCRA
Programs Branch; Land, Chemicals, and Redevelopment Division; EPA Region 3, 1650 Arch Street Mailcode 3LD30, Philadelphia, PA 191032029.
SUPPLEMENTARY INFORMATION:

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I. Approval of Revisions to Virginias Underground Storage Tank Program A. Why are revisions to state programs necessary?
Section 9004 of RCRA authorizes EPA
to approve state underground storage tank UST programs to operate in lieu of the federal UST program. EPA may approve a state program if the state demonstrates, pursuant to section 9004a, 42 U.S.C. 6991ca, that the state program includes the elements set forth at section 9004a1 through 9, 42 U.S.C. 6991ca1 through 9, and provides for adequate enforcement of compliance with UST standards section 9004a, 42 U.S.C. 6991ca.
Additionally, EPA must find, pursuant to section 9004b, 42 U.S.C. 6991cb, that the state program is no less stringent than the federal program in the elements set forth at section 9004a1 through 7, 42 U.S.C.
6991ca1 through 7. States such as Virginia that have received final UST
program approval from EPA under section 9004 of RCRA must, in order to
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retain such approval, revise their approved programs when the controlling federal or state statutory or regulatory authority is changed and EPA
determines a revision is required. In 2015, EPA revised the federal UST
regulations and determined that states must revise their UST programs accordingly.
B. What decisions has EPA made in this rule?
On February 11, 2019, in accordance with 40 CFR 281.51a, Virginia submitted a complete program revision application seeking EPA approval for its UST program revisions State Application. Virginias revisions correspond to the EPA final rule published on July 15, 2015 80 FR
41566, which revised the 1988 UST
regulations and the 1988 state program approval SPA regulations. As required by 40 CFR 281.20, the State Application contains the following: A transmittal letter requesting program 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 EPA and the implementing agency; an Attorney Generals statement in accordance with 40 CFR 281.24 certifying to applicable state authorities; and copies of all relevant state statutes and regulations.
EPA has reviewed the State Application and determined that the revisions to Virginias UST program are no less stringent than the corresponding federal requirements in subpart C of 40 CFR
part 281, and that the Virginia program provides for adequate enforcement of compliance 40 CFR 281.11b.
Therefore, EPA grants Virginia final approval to operate its UST program with the changes described in the State Application, and as outlined below in section I.G. of this preamble.
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 Virginia, 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.
D. Why is EPA using a direct final rule?
EPA is publishing this direct final rule concurrently with a proposed rulemaking because EPA views this as a noncontroversial action and anticipates
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no significant negative comment. EPA is providing an opportunity for public comment now.
E. What happens if EPA receives comments that oppose this action?
Along with this direct final rule, 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 revisions, providing opportunity for public comment. If EPA
receives significant negative comments that oppose this approval, EPA will publish a timely withdrawal in the Federal Register informing the public that the rule will not take effect. EPA
will not make any further decision on the approval of the State program changes until it considers any significant negative comment received during the comment period. EPA will address any significant negative comment 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 Virginia previously been approved?
On September 28, 1998, the EPA
finalized a rule approving Virginias UST program, effective October 28, 1998
63 FR 51528, to operate in lieu of the federal program. On June 15, 2004, effective August 16, 2004 69 FR 33312, EPA codified the approved Virginia program, incorporating by reference the States statutes and regulatory provisions that are 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 is EPA approving with this action?
On February 11, 2019, in accordance with 40 CFR 281.51a, Virginia submitted a complete application for final approval of its UST program revisions adopted on September 4, 2017, effective January 1, 2018. EPA has reviewed Virginias UST program requirements and determined that such requirements are no less stringent than the federal regulations and that the criteria set forth in 40 CFR part 281
subpart C are met. EPA now makes an immediate final decision, subject to receipt of any significant negative written comments that oppose this action, that Virginias UST program revisions satisfy all of the requirements necessary to qualify for final approval.
Therefore, EPA grants Virginia final
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