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Federal Register / Vol. 86, No. 199 / Tuesday, October 19, 2021 / Rules and Regulations distribution of power and responsibilities established by RCRA.
D. Executive Order 13045: Protection of Children From Environmental Health and Safety Risks This action also is not subject to Executive Order 13045 62 FR 19885, April 23, 1997, because it is not economically significant, as defined in Executive Order 12866, and because the EPA does not believe the environmental health or safety risks addressed by this action present a disproportionate risk to children.
E. Executive Order 13211: Actions That Significantly Affect Energy Supply, Distribution, or Use This rule is not subject to Executive Order 13211 66 FR 28355, May 22, 2001, because it is not a significant regulatory action as defined under Executive Order 12866.
F. National Technology Transfer and Advancement Act Under RCRA section 9004b, the EPA
grants a states application for approval as long as the state meets the criteria required by RCRA. It would be inconsistent with applicable law for the EPA, when it reviews a state approval application, to require the use of any particular voluntary consensus standard in place of another standard that otherwise satisfies the requirements of RCRA. Thus, the requirements of section 12d of the National Technology Transfer and Advancement Act of 1995 15 U.S.C. 272 note do not apply.
G. Executive Order 12988: Civil Justice Reform As required by section 3 of Executive Order 12988 61 FR 4729, February 7, 1996, in issuing this rule, the EPA has taken the necessary steps to eliminate drafting errors and ambiguity, minimize potential litigation, and provide a clear legal standard for affected conduct.

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H. Executive Order 12630:
Governmental Actions and Interference With Constitutionally Protected Property Rights The EPA has complied with Executive Order 12630 53 FR 8859, March 15, 1988 by examining the takings implications of the rule in accordance with the Attorney Generals Supplemental Guidelines for the Evaluation of Risk and Avoidance of Unanticipated Takings issued under the executive order.

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I. Paperwork Reduction Act This rule does not impose an information collection burden under the provisions of the Paperwork Reduction Act of 1995 44 U.S.C. 3501 et seq..
Burden is defined at 5 CFR 1320.3b.
J. Executive Order 12898: Federal Actions To Address Environmental Justice in Minority Populations and Low Income Populations Executive Order 12898 59 FR 7629, February 16, 1994 establishes Federal executive policy on environmental justice. Its main provision directs Federal agencies, to the greatest extent practicable and permitted by law, to make environmental justice part of their mission by identifying and addressing, as appropriate, disproportionately high and adverse human health or environmental effects of their programs, policies, and activities on minority populations and low-income populations in the United States.
Because this rule approves pre-existing state rules which are at least equivalent to, consistent with, and no less stringent than existing Federal requirements, and imposes no additional requirements beyond those imposed by state law, and there are no anticipated significant adverse human health or environmental effects, the rule is not subject to Executive Order 12898.
K. Congressional Review Act The Congressional Review Act, 5
U.S.C. 801808, generally provides that before a rule may take effect, the agency promulgating the rule must submit a rule report, which includes a copy of the rule, to each House of the Congress and to the Comptroller General of the United States. The EPA will submit a report containing this document and other required information to the U.S.
Senate, the U.S. House of Representatives, and the Comptroller General of the United States prior to publication in the Federal Register. A
major rule cannot take effect until 60
days after it is published in the Federal Register. This action is not a major rule as defined by 5 U.S.C. 8042.
However, this action will be effective December 20, 2021 because it is a direct final rule.
Authority: This rule is issued under the authority of sections 2002a, 7004b, and 9004, 9005 and 9006 of the Solid Waste Disposal Act, as amended, 42 U.S.C. 6912a, 6974b, and 6991c, 6991d, and 6991e.
List of Subjects in 40 CFR Part 282
Environmental protection, Administrative practice and procedure, Hazardous substances, Incorporation by
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reference, State program approval, and Underground storage tanks.
Dated: September 30, 2021.
Michelle L. Pirzadeh, Acting Regional Administrator, Region 10.

For the reasons set forth in the preamble, the EPA is amending 40 CFR
part 282 as follows:
PART 282APPROVED
UNDERGROUND STORAGE TANK
PROGRAMS
1. The authority citation for part 282
continues to read as follows:

Authority: 42 U.S.C. 6912, 6991c, 6991d, and 6991e.

2. Add 282.97 to read as follows:

282.97 Washington State-Administered Program.

a History of the approval of Washingtons program. The State of Washington is approved to administer and enforce an underground storage tank program in lieu of the Federal program under subtitle I of the Resource Conservation and Recovery Act of 1976
RCRA, as amended, 42 U.S.C. 6991 et seq. The States program, as administered by the Washington Department of Ecology Ecology, was approved by the EPA pursuant to 42
U.S.C. 6991c and part 281 of this chapter. The EPA published the notice of final determination approving the Washington underground storage tank base program effective on October 8, 1993. A subsequent program revision application was approved by the EPA
and became effective on December 20, 2021.
b Enforcement authority.
Washington has primary responsibility for administering and enforcing its federally approved underground storage tank program. However, the EPA retains the authority to exercise its corrective action, inspection, and enforcement authorities under sections 9003h, 9005, and 9006 of subtitle I of RCRA, 42
U.S.C. 6991bh, 6991d and 6991e, as well as under any other applicable statutory and regulatory provisions.
c Retention of program approval. To retain program approval, Washington must revise its approved program to adopt new changes to the Federal subtitle I program which make it more stringent, in accordance with section 9004 of RCRA, 42 U.S.C. 6991c, and 40
CFR part 281, subpart E. If Washington obtains approval for the revised requirements pursuant to section 9004
of RCRA, 42 U.S.C. 6991c, the newly approved statutory and regulatory provisions will be added to this subpart
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