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Federal Register / Vol. 86, No. 199 / Tuesday, October 19, 2021 / Rules and Regulations
Puyallup Tribe of Indians, local governments in Pierce County, the State of Washington, the United States, and certain property owners, ratified at 25
U.S.C. 1773.
II. Codification A. What is codification?
Codification is the process of placing a states statutes and regulations that comprise the states approved UST
program into the CFR. Section 9004b of RCRA, as amended, allows the EPA
to approve State UST programs to operate in lieu of the Federal program.
The EPA codifies its authorization of state programs in 40 CFR part 282 and incorporates by reference state regulations that the EPA will enforce under sections 9005 and 9006 of RCRA
and any other applicable statutory provisions. The incorporation by reference of state authorized programs in the CFR should substantially enhance the publics ability to discern the current status of the approved state program and state requirements that can be federally enforced. This effort provides clear notice to the public of the scope of the approved program in each state.
B. What is the history of codification of Washingtons UST program?
The EPA incorporated by reference Washingtons approved UST program in 40 CFR 282.97, effective October 8, 1993
77 FR 25368, April 30, 2012. Through this action, the EPA is incorporating by reference and codifying Washingtons state program in 40 CFR 282.97 to include the approved revisions.

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C. What codification decisions have we made in this rule?
In this rule, the EPA is finalizing the regulatory text that incorporates by reference the federally authorized Washington UST Program. In accordance with the requirements of 1
CFR 51.5, we are finalizing the incorporation by reference of the Washington rules described in the amendments to 40 CFR part 282 set forth below. The EPA has made, and will continue to make, these documents generally available through www.regulations.gov and at the EPA
Region 10 office see the ADDRESSES
section of this preamble for more information.
One purpose of this Federal Register document is to codify Washingtons approved UST program. The codification reflects the State program that would be in effect at the time the EPAs approved revisions to the Washington UST program addressed in
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this direct final rule become final. If, however, the EPA receives substantive comment on this rule, then this codification will not take effect, and the State rules that are approved after the EPA considers public comment will be codified instead. By codifying the approved Washington program and by amending the Code of Federal Regulations, the public will more easily be able to discern the status of the federally approved requirements of the Washington program.
The EPA is incorporating by reference the Washington approved UST program in 40 CFR 282.97. Section 282.97d1iA and B incorporate by reference for enforcement purposes the States relevant statutes and regulations.
Section 282.97 also references the Attorney Generals Statement, Demonstration of Adequate Enforcement Procedures, the Program Description, and the Memorandum of Agreement, which are approved as part of the UST program under subtitle I of RCRA.
D. What is the effect of EPAs codification of the federally authorized State UST Program on enforcement?
The EPA retains the authority under sections 9003h, 9005 and 9006 of subtitle I of RCRA, 42 U.S.C. 6991bh, 6991d and 6991e, and other applicable statutory and regulatory provisions to undertake corrective action, inspections, and enforcement actions, and to issue orders in approved States. If the EPA
determines it will take such actions in Washington, then the EPA will rely on Federal sanctions, Federal inspection authorities, and other Federal procedures rather than the state analogs.
Therefore, though the EPA has approved the State procedures listed in 40 CFR
282.97d1i, the EPA is not incorporating by reference Washingtons procedural and enforcement authorities.
E. What State provisions are not part of the codification?
The public also needs to be aware that some provisions of the States UST
program are not part of the federally approved State program. Such provisions are not part of the RCRA
Subtitle I program because they are broader in coverage than subtitle I of RCRA. 40 CFR 281.12a3ii states that where an approved state program has a greater scope of coverage than required by Federal law, the additional coverage is not part of the federally approved program. As a result, state provisions which are broader in coverage than the Federal program are not incorporated by reference for purposes of enforcement in 40 CFR part 282. Title
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40 CFR 282.97d1iii lists for reference and clarity the Washington statutory and regulatory provisions which are broader in coverage than the Federal program and which are not, therefore, part of the approved program being codified in this rule. Provisions that are broader in coverage cannot be enforced by the EPA; the State, however, will continue to implement and enforce such provisions under State law.
III. Statutory and Executive Order E.O. Reviews This action only applies to Washingtons UST Program requirements pursuant to RCRA section 9004 and imposes no requirements other than those imposed by State law.
It complies with applicable EOs and statutory provisions as follows:
A. Executive Order 12866 Regulatory Planning and Review, Executive Order 13563: Improving Regulation and Regulatory Review This action is not a significant regulatory action under the terms of Executive Order 12866 58 FR 51735, October 4, 1993 and is therefore not subject to review under Executive Orders 12866 and 13563 76 FR 3821, January 21, 2011.
B. Unfunded Mandates Reform Act and Executive Order 13175: Consultation and Coordination With Indian Tribal Governments Because this action approves and codifies pre-existing requirements under state law and does not impose any additional enforceable duty beyond that required by state law, it does not contain any unfunded mandate or significantly or uniquely affect small governments, as described in the Unfunded Mandates Reform Act of 1995
2 U.S.C. 15311538. For the same reason, this action also does not significantly or uniquely affect the communities of tribal governments, as specified by Executive Order 13175 65
FR 67249, November 9, 2000.
C. Executive Order 13132: Federalism This action will not have substantial direct effects on the states, on the relationship between the national government and the states, or on the distribution of power and responsibilities among the various levels of government, as specified in Executive Order 13132 64 FR 43255, August 10, 1999, because it merely approves and codifies state requirements as part of the State RCRA
Underground Storage Tank Program without altering the relationship or the
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