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Federal Register / Vol. 86, No. 187 / Thursday, September 30, 2021 / Rules and Regulations
on-line instructions for submitting comments.
2. Email: platukyte.simona@epa.gov.
Instructions: Direct your comments to Docket ID No. EPAR09UST2021
0597. The EPAs policy is that all comments received will be included in the public docket without change and may be available online at https
www.regulations.gov, including any personal information provided, unless the comment includes information claimed to be Confidential Business Information CBI or other information whose disclosure is restricted by statute.
Do not submit information that you consider to be CBI or otherwise protected through https
www.regulations.gov, or email. The Federal https www.regulations.gov website is an anonymous access system, which means the EPA will not know your identity or contact information unless you provide it in the body of your comment. If you send an email comment directly to the EPA
without going through https
www.regulations.gov, your email address will be automatically captured and included as part of the comment that is placed in the public docket and made available on the internet. If you submit an electronic comment, the EPA
recommends that you include your name and other contact information in the body of your comment and with any disk or CDROM you submit. If the EPA
cannot read your comment due to technical difficulties, and cannot contact you for clarification, the EPA
may not be able to consider your comment. Electronic files should avoid the use of special characters, any form of encryption, and be free of any defects or viruses.
The EPA encourages electronic submittals, but if you are unable to submit electronically, please reach out to the EPA contact person listed in the notice for assistance with additional submission methods.
You can view and copy the documents that form the basis for this action and associated publicly available materials through www.regulations.gov.
FOR FURTHER INFORMATION CONTACT:
Simona Platukyte, Project Officer, Underground Storage Tank Program, EPA Region 9, phone number 415 972
3310, email address: platukyte.simona@
epa.gov. Out of an abundance of caution for members of the public and our staff, the EPA Region 9 office will be closed to the public to reduce the risk of transmitting COVID19. We encourage the public to submit comments via https www.regulations.gov, as no mail, courier, or hand deliveries will be
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accepted. Please call or email the contact listed above if you need alternative access to material indexed but not provided in the docket.
SUPPLEMENTARY INFORMATION:
I. Approval of Revisions to Nevadas Underground Storage Tank Program A. Why are revisions to state programs necessary?
States that have received final approval from the EPA under RCRA
section 9004b of RCRA, 42 U.S.C.
6991cb, must maintain an underground storage tank program equivalent to, consistent with, and no less stringent than the Federal underground storage tank program.
When the EPA revises the regulations that govern the UST program, states must revise their programs to comply with the updated regulations and submit these revisions to the EPA for approval. Most commonly, states must change their programs because of changes to the EPAs regulations in 40
Code of Federal Regulations CFR part 280. States can also initiate changes on their own to their underground storage tank program and these changes must then be approved by the EPA.
B. What decisions has the EPA made in this authorization?
On November 20, 2018, in accordance with 40 CFR 281.51a, Nevada submitted a program revision application seeking the EPAs approval for its UST program revisions State Application. On July 29, 2021, Nevada submitted amendments to the revision application, based on comments from the EPA. Nevadas revisions correspond to the EPAs final rule published on July 15, 2015 80 FR 41566, which revised the 1988 UST regulations and the 1988
state program approval SPA
regulations 2015 Federal Revisions. As required by 40 CFR 281.20, the State Application contains 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, copies of all relevant state statutes and regulations, and an application addendum submitted on July 29, 2021. We have reviewed the State Application and determined that the revisions to Nevadas UST program are equivalent to, consistent with, and no less stringent than the corresponding Federal requirements in subpart C of 40

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CFR part 281, and that the Nevada program provides for adequate enforcement of compliance 40 CFR
281.11b. Therefore, the EPA grants Nevada 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.
C. What is the effect of this action on the regulated community?
This action does not impose additional requirements on the regulated community because the regulations being approved by this authorization are already in effect in the State of Nevada, and 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 the EPA using a direct final authorization?
The EPA is publishing this direct final authorization without a prior proposal because we view this as a noncontroversial action and we anticipate no adverse comment. Nevada did not receive any comments during its comment period when the rules and regulations being considered in this document were proposed at the State level.
E. What happens if the EPA receives comments that oppose this action?
Along with this direct final authorization, 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 revisions, and provides an opportunity for public comment. If the EPA receives comments that oppose this approval, the EPA will withdraw this direct final authorization by publishing a document in the Federal Register before it becomes effective. The EPA will base any further decision on approval of the State Application after considering all comments received during the comment period. The EPA will then address all public comments in a later final authorization. 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 Nevada previously been approved?
On March 30, 1993, the EPA finalized a rule approving the UST program that Nevada proposed to administer in lieu of the Federal UST program. On July 17, 1998, the EPA codified the approved Nevada program that is subject to the
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