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Federal Register / Vol. 86, No. 187 / Thursday, September 30, 2021 / Rules and Regulations 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.

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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
part 281, subpart B Components of a Program Application, subpart C
Criteria for No Less Stringent, and subpart D Adequate Enforcement of Compliance. This is also 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. The EPA is approving the States changes because they are equivalent to, consistent with, and no less stringent than the Federal UST program and because the EPA has confirmed that the Nevada 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. There remains a typographical error in NAC
445C.230, in the Cleanup of Discharged Petroleum section, which indicates that Nevada adopts by reference the relevant Federal regulations as they existed on July 1, 1990, rather than as they existed on October 13, 2015. The correct date is referenced in NAC 459.993, in the Storage Tanks section. Nevadas July 29, 2021 submittal describes the steps it will take to revise the regulation.
The Nevada Division of Environmental Protection NDEP or Division is the lead implementing agency for the UST program in Nevada, except in Indian country.
NDEP continues to have broad statutory authority to regulate the installation, operation, maintenance, and closure of USTs, as well as UST
releases under selected provisions from Nevada Revised Statutes NRS, Chapters 233B, Nevada Administrative Procedures Act; Chapter 439
Administration of Public Health;
Chapter 445A, Water Controls; and Chapter 459, Hazardous Materials. The Nevada UST Program gets its enforcement authority from the powers of the Nevada State Environmental Commission found at NRS 445A.675, 445A.690, 459.842, 459.844, 459.846, 459.848, 459.850, 459.852. 459.854 and 459.856 and administrative rules under the Nevada Administrative Code NAC

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at NAC 459.9941 through 459.9944
regarding delivery prohibition.
Specific authorities to regulate the installation, operation, maintenance, and closure of USTs, as well as UST
releases, are found under NRS 459, in addition to the regulatory provisions of NAC 459 and selected sections from NAC 445A, effective November 2, 2018;
Reporting and recordkeeping requirements are also found in selected provisions of NAC 459. 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 Nevada and the EPA, signed by the EPA Region 9 Regional Administrator April 3, 2019, 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 by incorporating by reference the Federal provisions at NAC
459.993 and providing authority to hold hearings as deemed necessary to obtain public testimony at NAC 445.22755.
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, the 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, the EPA removed past deferrals for emergency generator tanks, field constructed tanks, and airport hydrant systems. The EPA analyzes revisions to approved state programs pursuant to the criteria found in 40 CFR
281.30 through 281.39.
The Division 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 Division has amended the NAC to incorporate the revised requirements of 40 CFR part 280, including the requirements added by the 2015 Federal Revisions. The State, 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
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less stringent than Federal requirements. Nevada has incorporated by reference the Federal requirements at NAC 459.993 with certain additional provisions at NAC 459.993951 and 2.
After a thorough review, the EPA has determined that Nevadas operator training requirements are equivalent to, consistent with, and no less stringent than Federal requirements.
As part of the State Application, the Senior Deputy Attorney General for the Division certified that the laws of the State 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. The EPA is relying on this certification in addition to the analysis submitted by the State in making our determination.
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 considered broader in scope and is not part of the federallyapproved program and are not federally enforceable 40 CFR 281.12a3ii.
The following regulatory requirements are considered broader in scope 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: NAC 459.99285, which provides the State-only definition of marina storage tank, is outside the scope of the Federal program because these types of tanks do not fall under the applicability of the UST program;
and NAC 445.2271 and 445A.2273, which deal with specific types of corrective action plans, contain references that are outside the scope of the Federal UST program with respect to contamination by hazardous waste, which is regulated under RCRA Subtitle C. Nevada also has multiple additional state-only provisions at NAC 459.9933
through 459.9938 that only apply to marina storage tanks. Marina storage tanks are defined as a type of aboveground storage tank and these types of tanks are broader in scope than the Federal RCRA Subtitle I program.
The following statutory provisions are considered broader in scope than the Federal program: Nevada Revised Statutes NRS Chapter 445C, Environmental Requirements, Cleanup of Discharged Petroleum is broader in scope than the Federal program because this provision concerns the relocation of the States Petroleum Fund, a State-only
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