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Federal Register / Vol. 86, No. 199 / Tuesday, October 19, 2021 / Rules and Regulations

FR Doc. 202122707 Filed 101821; 8:45 am BILLING CODE 656050P

ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 282
EPAR10RCRA20210452; FRL 8849
02R10

Washington: Final Approval of State Underground Storage Tank Program Revisions, Codification and Incorporation by Reference Environmental Protection Agency EPA.
ACTION: Direct final rule.
AGENCY:

Pursuant to the Resource Conservation and Recovery Act RCRA
or Act, the Environmental Protection Agency EPA is taking direct final action to approve revisions to the State of Washingtons Underground Storage Tank UST program submitted by the State. The EPA has determined that these revisions satisfy all requirements needed for program approval. This action also codifies the EPAs approval of Washintons state program and incorporates by reference those provisions of the States regulations that we have determined meet the requirements for approval. The States federally-authorized and codified UST
program, as revised pursuant to this action, will remain subject to the EPAs inspection and enforcement authorities under sections 9005 and 9006 of RCRA
subtitle I and other applicable statutory and regulatory provisions.
DATES: This rule is effective December 20, 2021, unless the EPA receives adverse comment by November 18, 2021. If EPA receives adverse comment, the EPA will publish a timely withdrawal in the Federal Register informing the public that the rule will not take effect. The incorporation by reference of certain material listed in the regulations is approved by the Director of the Federal Register, as of December 20, 2021.
ADDRESSES: Submit your comments by one of the following methods:
1. Federal eRulemaking Portal: http
www.regulations.gov. Follow the online instructions for submitting comments.
2. Email: boulind-yeung.charlotte@
epa.gov.
3. Mail: Charlotte Boulind-Yeung, Land, Chemicals and Redevelopment Division, EPA Region 10, 1200 Sixth Avenue, Suite 155, MS: 15H04, Seattle, Washington 98101.

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4. Hand Delivery or Courier: Deliver your comments to Charlotte BoulindYeung, Land, Chemicals and Redevelopment Division, EPA Region 10, 1200 Sixth Avenue, Suite 155, MS:
15H04, Seattle, Washington 98101.
Instructions: Submit your comments, identified by Docket ID No. EPAR10
RCRA20210452, at https
www.regulations.gov. Follow the online instructions for submitting comments.
Once submitted, comments cannot be edited or removed from Regulations.gov.
The EPA may publish any comment received to its public docket. Do not submit electronically any information you consider to be Confidential Business Information CBI or other information whose disclosure is restricted by statute. Multimedia submissions audio, video, etc. must be accompanied by a written comment.
The written comment is considered the official comment and should include discussion of all points you wish to make. The EPA will generally not consider comments or comment contents located outside of the primary submission i.e., on the web, cloud, or other file sharing system. For additional submission methods, the full EPA public comment policy, information about CBI or multimedia submissions, and general guidance on making effective comments, please visit http www2.epa.gov/dockets/
commenting-epa-dockets.
FOR FURTHER INFORMATION CONTACT:
Charlotte Boulind-Yeung, 206 553
6315, boulind-yeung.charlotte@epa.gov.
To inspect the hard copy materials, please schedule an appointment with Charlotte Boulind-Yeung at 206 553
6315.
SUPPLEMENTARY INFORMATION:
I. Approval of Revisions to Washingtons 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 that is equivalent to, consistent with, and no less stringent than the Federal underground storage tank program.
When the EPA makes revisions to 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
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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 rule?
On June 30, 2021, in accordance with 40 CFR 281.51a, Washington submitted a complete program revision application seeking the EPA approval for its UST program revisions State Application. Washingtons revisions correspond to the EPA final rule published on July 15, 2015 80 FR
41566, July 15, 2015, 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, and copies of all relevant state statutes and regulations.
We have reviewed the State Application and determined that the revisions to Washingtons UST program are equivalent to, consistent with, and no less stringent than the corresponding Federal requirements in subpart C of 40
CFR part 281, and that the Washington program provides for adequate enforcement of compliance with these requirements 40 CFR 281.11b.
Therefore, the EPA grants Washington 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 rule are already in effect in the State of Washington, 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 rule?
The EPA is publishing this direct final rule without a prior proposed rulemaking because we view this action as noncontroversial and we anticipate
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