[Federal Register Volume 87, Number 18 (Thursday, January 27, 2022)]
[Rules and Regulations]
[Pages 4160-4167]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-01432]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 282

[EPA-R03-UST-2020-0715; FRL-8854-01-R3]


District of Columbia: Final Approval of State Underground Storage 
Tank Program Revisions, Codification, and Incorporation by Reference

AGENCY: Environmental Protection Agency (EPA).

ACTION: Direct final rule.

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SUMMARY: Pursuant to the Solid Waste Disposal Act of 1965, as amended 
(commonly known as the Resource Conservation and Recovery Act (RCRA)), 
the Environmental Protection Agency (EPA) is taking direct final action 
to approve revisions to the District of Columbia's Underground Storage 
Tank (UST) program submitted by the District of Columbia (District or 
State). This action also codifies EPA's approval of the District of 
Columbia's state program and incorporates by reference (IBR) those 
provisions of the District's regulations and statutes that EPA has 
determined meet the requirements for approval. The provisions will be 
subject to EPA's inspection and enforcement authorities

[[Page 4161]]

under sections 9005 and 9006 of RCRA Subtitle I and other applicable 
statutory and regulatory provisions.

DATES: This rule is effective March 28, 2022, unless EPA receives 
significant negative comments opposing this action by February 28, 
2022. If EPA receives significant negative comments opposing this 
action, 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 publications listed in the 
regulations is approved by the Director of the Federal Register, as of 
March 28, 2022, in accordance with 5 U.S.C. 552(a) and 1 CFR part 51.

ADDRESSES: Submit your comments by one of the following methods:
    1. Federal eRulemaking Portal: https://www.regulations.gov. Follow 
the on-line instructions for submitting comments.
    2. Email: [email protected].
    Instructions: Direct your comments to Docket ID No. EPA-R03-UST-
2020-0715.
    EPA's 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 website, https://www.regulations.gov, is an 
``anonymous access'' system, which means 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 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, EPA recommends that you include your name 
and other contact information in the body of your comment. If EPA 
cannot read your comment due to technical difficulties, and cannot 
contact you for clarification, 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. 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. If you need assistance in a language other 
than English, or you are a person with disabilities who needs a 
reasonable accommodation at no cost to you, please reach out to the EPA 
contact person by email or phone.
    Docket: All documents in the docket are listed in the https://www.regulations.gov index. Although listed in the index, some 
information might not be publicly available, e.g., CBI or other 
information whose disclosure is restricted by statute. Publicly 
available materials are available electronically through https://www.regulations.gov.

FOR FURTHER INFORMATION CONTACT: Khalia Thompson, (215) 814-3348, 
[email protected], RCRA Programs Branch; Land, Chemicals, and 
Redevelopment Division; EPA Region 3, 1650 Arch Street (Mailcode 
3LD30), Philadelphia, PA 19103-2029.

SUPPLEMENTARY INFORMATION:

I. Approval of Revisions to the District of Columbia's Underground 
Storage Tank Program

A. Why are revisions to state programs necessary?

    Section 9004 of RCRA authorizes EPA to approve state underground 
storage tank (UST) programs to operate in lieu of the Federal UST 
program. EPA may approve a state program if the state demonstrates, 
pursuant to section 9004(a), 42 U.S.C. 6991c(a), that the state program 
includes the elements set forth at section 9004(a)(1) through (9), 42 
U.S.C. 6991c(a)(1) through (9), and provides for adequate enforcement 
of compliance with UST standards (section 9004(a), 42 U.S.C. 6991c(a)). 
Additionally, EPA must find, pursuant to section 9004(b), 42 U.S.C. 
6991c(b), that the state program is ``no less stringent'' than the 
Federal program in the elements set forth at section 9004(a)(1) through 
(7), 42 U.S.C. 6991c(a)(1) through (7). States such as the District of 
Columbia (a jurisdiction recognized as a ``State'' pursuant to section 
1004(31) of RCRA) that have received final UST program approval from 
EPA under section 9004 of RCRA must, in order to retain such approval, 
revise their approved programs when the controlling Federal or state 
statutory or regulatory authority is changed and EPA determines a 
revision is required. In 2015, EPA revised the Federal UST regulations 
and determined that states must revise their UST programs accordingly.

B. What decisions has EPA made in this rule?

    On November 12, 2020, in accordance with 40 CFR 281.51, the 
District of Columbia submitted a complete program revision application 
seeking EPA approval for its UST program revisions (State Application). 
The District's revisions correspond to the EPA final rule published on 
July 15, 2015 (80 FR 41566), which revised the 1988 UST regulations and 
the 1988 state program approval (SPA) regulations. As required by 40 
CFR 281.20, the State Application contains the following: A transmittal 
letter requesting program approval; a description of the program and 
operating procedures; a demonstration of the State's procedures to 
ensure adequate enforcement; a Memorandum of Agreement outlining the 
roles and responsibilities of EPA and the implementing agency; an 
Attorney General's statement in accordance with 40 CFR 281.24 
certifying to applicable State authorities; and copies of all relevant 
State statutes and regulations. EPA has reviewed the State Application 
and determined that the revisions to the District of Columbia's UST 
program are no less stringent than the corresponding Federal 
requirements in subpart C of 40 CFR part 281, and that the District of 
Columbia's program provides for adequate enforcement of compliance (40 
CFR 281.11(b)). Therefore, EPA grants the District of Columbia final 
approval to operate its UST program with the changes described in the 
State Application, and as outlined below in section I.G. of this 
preamble.

C. What is the effect of this approval decision?

    This action does not impose additional requirements on the 
regulated community because the regulations being approved by this rule 
are already effective in the District of Columbia, and they 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 EPA using a direct final rule?

    EPA is publishing this direct final rule concurrently with a 
proposed rulemaking because EPA views this as a noncontroversial action 
and anticipates no significant negative comment. EPA is providing an 
opportunity for public comment now.

E. What happens if EPA receives comments that oppose this action?

    Along with this direct final rule, EPA is publishing a separate 
document in the

[[Page 4162]]

``Proposed Rules'' Section of this Federal Register that serves as the 
proposal to approve the State's UST program revisions, providing 
opportunity for public comment. If EPA receives significant negative 
comments that oppose this approval, EPA will publish a timely 
withdrawal in the Federal Register informing the public that the rule 
will not take effect. EPA will not make any further decision on the 
approval of the State program changes until it considers any 
significant negative comment received during the comment period. EPA 
will address any significant negative comment in a later final rule. 
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 the District of Columbia previously been approved?

    On July 9, 1997, the EPA finalized a rule approving the District of 
Columbia's UST program, effective August 8, 1997 (62 FR 36698), to 
operate in lieu of the Federal program. On May 4, 1998, EPA corrected 
the effective date to May 4, 1998 (63 FR 24453). EPA has not codified 
the District of Columbia's approved program prior to this action.

G. What changes is EPA approving with this action?

    On November 12, 2020, in accordance with 40 CFR 281.51, the 
District of Columbia submitted a complete application for final 
approval of its UST program revisions adopted on January 24, 2020, 
effective February 21, 2020. EPA has reviewed the District's UST 
program requirements and determined that such requirements are no less 
stringent than the Federal regulations and that the criteria set forth 
in 40 CFR part 281 subpart C are met. As part of the State Application, 
the Attorney General for the District of Columbia certified that the 
laws and regulations of the District of Columbia provide adequate 
authority to carry out a program that is ``no less stringent'' than the 
Federal requirements in 40 CFR part 281. EPA is relying on this 
certification in addition to the analysis submitted by the District in 
making our determination. EPA now makes an immediate final decision, 
subject to receipt of any significant negative written comments that 
oppose this action, that the District of Columbia's UST program 
revisions satisfy all of the requirements necessary to qualify for 
final approval. Therefore, EPA grants the District of Columbia final 
approval for the following program changes:

------------------------------------------------------------------------
        Required Federal element           Implementing State authority
------------------------------------------------------------------------
40 CFR 281.30, New UST Systems and        20 DCMR 5502.2, 5507, 5600,
 Notification.                             5602.1, 5700-5702, 5704-5706,
                                           5803, 6002.2, 6003.6, 6011.2.
40 CFR 281.31, Upgrading Existing UST     20 DCMR 5507.7, 5700, 5800-
 Systems.                                  5804.
40 CFR 281.32, General Operating          20 DCMR 5502.2(c), 5601.6,
 Requirements.                             5602, 5603.1, 5603.4, 5604,
                                           5801, 5900-5904, 6001.
40 CFR 281.33, Release Detection........  20 DCMR 5507.2-.3, 5702.4,
                                           5704.5, 6000-6013.
40 CFR 281.34, Release Reporting,         20 DCMR 6201-6203, 6601.1.
 Investigation, and Confirmation.
40 CFR 281.35, Release Response and       20 DCMR 6202.4, 6203-6211.
 Corrective Action.
40 CFR 281.36, Out-of-service Systems     20 DCMR 5507.13, 6100-6102.
 and Closure.
40 CFR 281.37, Financial Responsibility   20 DCMR 6700-6715.
 for USTs Containing Petroleum.
40 CFR 281.38, Lender Liability.........  20 DCMR 6200.4.
40 CFR 281.39, Operator Training........  20 DCMR 5602.3, 6502-6503.
------------------------------------------------------------------------

    The State also demonstrates that its program provides adequate 
enforcement of compliance as described in 40 CFR 281.11(b) and part 
281, subpart D. The District of Columbia's lead implementing agency, 
the Department of Energy and Environment (DOEE), has broad statutory 
and regulatory authority with respect to USTs to regulate installation, 
operation, maintenance, closure and UST releases, and to issue orders. 
The statutory and regulatory authority is found in the District of 
Columbia Code at Sections 8-113.01-12 and in the District of Columbia 
Municipal Regulations (DCMR) at 20 DCMR Sections 5500-7099.

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 not part of 
the federally-approved program and is not federally enforceable (40 CFR 
281.12(a)(3)(ii)). The following District requirements are considered 
``broader in scope'' than the Federal program:
     The District may regulate substances designated by the 
Mayor in addition to those regulated under the Federal program. DC Code 
Sec.  8-113.01(7)(C).
     The District regulates tanks that store heating oil for 
consumptive use on the premises where stored under 20 DCMR Sec. Sec.  
5503.1-.2, 5703. Such tanks are excluded from the Federal definition of 
underground storage tanks.
     The District regulates any UST associated with equipment 
or machinery that contains regulated substances for operational 
purposes (such as hydraulic lift tanks and electrical equipment tanks) 
and any UST system with a capacity of one hundred ten (110) gallons or 
less under 20 DCMR Sec.  5504. Such tanks and tank systems are excluded 
from the requirements of the Federal regulations.
     The District regulates persons who are not owners or 
operators of USTs. See, e.g., DC Code Sec.  8-113.01(9)(A)(ii)-(v), 
.02(f) and (g), 113.03, 113.08(d), and 20 DCMR Chapters 56, 59, 61, 62, 
and 70.
     The District requires owners or operators of USTs 
undergoing installation, upgrade, repair or closure to obtain a 
building permit prior to such activity under 20 DCMR Sec. Sec.  5500.2, 
5603.5, 6210.8 and to comply with fire and construction codes under 
5500.1(c) and (d), respectively.
     The District charges fees for registration, certification, 
installation, closure-in-place or removal. DC Code Sec.  8-113.06(c), 
(d), 8-113.12(a)(9), 20 DCMR Sec. Sec.  5601, 5605, and 6501.
     The District requires contractor licensure and 
certification of persons other than installers. DC Code Sec.  8-
113.06(a), 20 DCMR Sec. Sec.  6500.1-.4, .6-.10, 6501.
    In accordance with 40 CFR 281.12(a)(3)(ii), the additional coverage 
listed above is not part of the federally-approved program and is not 
federally enforceable.

[[Page 4163]]

II. Codification

A. What is codification?

    Codification is the process of placing a state's statutes and 
regulations that comprise the state's approved program into the Code of 
Federal Regulations (CFR). Section 9004(b) of RCRA, as amended, allows 
EPA to approve state UST programs to operate in lieu of the Federal 
program. EPA codifies its authorization of state programs in 40 CFR 
part 282 and incorporates by reference state statutes and regulations 
that 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 public's 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 District of Columbia's UST 
program?

    EPA has not previously incorporated by reference the District of 
Columbia's UST program. In this document, EPA is amending 40 CFR 282.58 
to include the approved revised program.

C. What codification decisions has EPA made in this rule?

    Incorporation by reference: In this rule, EPA is finalizing 
regulatory text that includes incorporation by reference. In accordance 
with the requirements of 1 CFR 51.5, EPA is finalizing the 
incorporation by reference of the District of Columbia statutes and 
regulations described in the amendments to 40 CFR part 282 set forth 
below. EPA has made, and will continue to make, these documents 
generally available through https://www.regulations.gov and at the EPA 
Region 3 office (see the FOR FURTHER INFORMATION CONTACT section of 
this preamble for more information).
    One purpose of this rule is to codify the District of Columbia's 
approved UST program. The codification reflects the State program that 
will be in effect at the time EPA's approved revisions to the 
District's UST program addressed in this direct final rule become 
final. If, however, EPA receives any significant negative comment 
opposing the proposed rulemaking then this codification will not take 
effect, and the State rules that are approved after EPA considers 
public comment will be codified instead. This rule incorporates by 
reference the District of Columbia's UST statutes and regulations and 
clarifies which of these provisions are included in the approved and 
federally enforceable program. By codifying the approved District of 
Columbia program and by amending the CFR, the public will more easily 
be able to discern the status of the federally-approved requirements of 
the District of Columbia program.
    EPA is incorporating by reference the District of Columbia approved 
UST program in 40 CFR 282.58. Section 282.58(d)(1)(i)(A) and (B) 
incorporates by reference for enforcement purposes the State's statutes 
and regulations.
    Section 282.58 also references the Attorney General's 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. These documents are 
not incorporated by reference.

D. What is the effect of District of Columbia's codification on 
enforcement?

    The EPA retains the authority under sections 9005 and 9006 of 
Subtitle I of RCRA, 42 U.S.C. 6991d and 6991e, and other applicable 
statutory and regulatory provisions to undertake inspections and 
enforcement actions and to issue orders in approved States. If EPA 
determines it will take such actions in the District of Columbia, EPA 
will rely on Federal sanctions, Federal inspection authorities, and 
Federal procedures rather than the State's authorized analogs to these 
provisions. Therefore, EPA is not incorporating by reference such 
approved District of Columbia's procedural and enforcement authorities. 
Section 282.58(d)(1)(ii) of 40 CFR lists those approved District of 
Columbia authorities that would fall into this category.

E. What State provisions are not part of the codification?

    The public also needs to be aware that some provisions of the 
State's 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 scope'' than Subtitle I of RCRA. 40 CFR 
281.12(a)(3)(ii) states that where an approved state program has a 
greater scope of coverage than required by Federal law, the additional 
coverage is not a part of the federally-approved program. As a result, 
State provisions that are ``broader in scope'' than the Federal program 
are not incorporated by reference for purposes of enforcement in part 
282. Section 282.58(d)(1)(iii) lists for reference and clarity the 
District of Columbia's statutory and regulatory provisions that are 
``broader in scope'' than the Federal program and which are not, 
therefore, part of the approved program being codified in this action. 
Provisions that are ``broader in scope'' cannot be enforced by EPA; the 
State, however, will continue to implement and enforce such provisions 
under State law.

III. Statutory and Executive Order Reviews

    This action only applies to the District of Columbia's UST Program 
requirements pursuant to RCRA section 9004 and imposes no requirements 
other than those imposed by State law. It complies with applicable 
Executive Orders (EOs) and statutory provisions as follows:

A. Executive Order 12866 Regulatory Planning and Review, Executive 
Order 13563: Improving Regulation and Regulatory Review

    The Office of Management and Budget (OMB) has exempted this action 
from the requirements of Executive Order 12866 (58 FR 51735, October 4, 
1993) and 13563 (76 FR 3821, January 21, 2011). This action approves 
and codifies State requirements for the purpose of RCRA section 9004 
and imposes no additional requirements beyond those imposed by State 
law. Therefore, this action is not subject to review by OMB.

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. 1531-
1538). Currently there are no federally recognized tribes in the 
District of Columbia. Therefore, 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,

[[Page 4164]]

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 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, and 
it does not make decisions based on environmental health or safety 
risks.

E. Executive Order 13211: Actions That Significantly Affect Energy 
Supply, Distribution, or Use

    This rule is not subject to Executive Order 13211, ``Actions 
Concerning Regulations that Significantly Affect Energy Supply, 
Distribution, or Use'' (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 9004(b), EPA grants a State's application for 
approval as long as the State meets the criteria required by RCRA. It 
would thus be inconsistent with applicable law for 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 12(d) 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, EPA has taken the necessary 
steps to eliminate drafting errors and ambiguity, minimize potential 
litigation, and provide a clear legal standard for affected conduct.

H. Executive Order 12630: Governmental Actions and Interference With 
Constitutionally Protected Property Rights

    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 General's Supplemental Guidelines for the 
Evaluation of Risk and Avoidance of Unanticipated Takings'' issued 
under the executive order.

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 1320.3(b).

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. EPA believes that this action does 
not have disproportionately high and adverse human health or 
environmental effects on minority populations, low-income populations 
and/or indigenous peoples, because it approves pre-existing State rules 
that are no less stringent than existing Federal requirements, and 
imposes no additional requirements beyond those imposed by State law. 
For these reasons, this rule is not subject to Executive Order 12898.

K. Congressional Review Act

    The Congressional Review Act, 5 U.S.C. 801-808, 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. 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. 804(2). However, 
this action will be effective March 28, 2022 because it is a direct 
final rule.

    Authority: This rule is issued under the authority of section 
9004 of the Solid Waste Disposal Act of 1965, as amended, 42 U.S.C. 
6991c.

List of Subjects in 40 CFR Part 282

    Environmental protection, Administrative practice and procedure, 
Confidential business information, Hazardous substances, Incorporation 
by reference, Insurance, Intergovernmental relations, Oil pollution, 
Penalties, Petroleum, Reporting and recordkeeping requirements, State 
program approval, Surety bonds, Underground storage tanks, Water 
pollution control, Water supply.

Adam Ortiz,
Regional Administrator, EPA Region 3.

    For the reasons set forth in the preamble, EPA is amending 40 CFR 
part 282 as follows:

PART 282--APPROVED UNDERGROUND STORAGE TANK PROGRAMS

0
1. The authority citation for part 282 continues to read as follows:

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


0
2. Add Sec.  282.58 to read as follows:


Sec.  282.58  District of Columbia State-Administered Program.

    (a) The District of Columbia 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 State's program, as 
administered by the District of Columbia's Department of Energy and 
Environment's predecessor agency, the Department of Consumer and 
Regulatory Affairs, was approved by EPA pursuant to 42 U.S.C. 6991c and 
40 CFR part 281 of this chapter. EPA approved the District of Columbia 
underground storage tank program on July 9, 1997, and approval was 
effective on May 4, 1998. A subsequent program revision application was 
approved by EPA and became effective on March 28, 2022.
    (b) The District of Columbia has primary responsibility for 
administering and enforcing its federally-approved underground storage 
tank program. However, EPA retains the authority to exercise its 
inspection and enforcement authorities under sections 9005 and 9006 of 
Subtitle I of RCRA, 42 U.S.C. 6991d and 6991e, regardless of whether 
the State has taken its own actions, as well as under any other 
applicable statutory and regulatory provisions.
    (c) To retain program approval, the District of Columbia must 
revise its approved program to adopt new changes to the Federal 
Subtitle I program which

[[Page 4165]]

makes it more stringent, in accordance with Section 9004 of RCRA, 42 
U.S.C. 6991c, and 40 CFR part 281, subpart E. If the District of 
Columbia 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 and notice of any 
change will be published in the Federal Register.
    (d) The District of Columbia has final approval for the following 
elements of its program application originally submitted to EPA and 
approved on July 9, 1997, and effective May 4, 1998, and the program 
revision application approved by EPA, effective on March 28, 2022.
    (1) State statutes and regulations--(i) Incorporation by reference. 
The provisions cited in this paragraph, and listed in Appendix A to 
Part 282, with the exception of the provisions cited in paragraphs 
(d)(1)(ii) and (iii) of this section, are incorporated by reference as 
part of the approved underground storage tank program in accordance 
with Subtitle I of RCRA, 42 U.S.C. 6991 et seq. The Director of the 
Federal Register approves this incorporation by reference in accordance 
with 5 U.S.C. 552(a) and 1 CFR part 51. You may obtain copies of the 
District of Columbia's regulations and statutes that are incorporated 
by reference in this paragraph from District of Columbia's Underground 
Storage Tank Branch, Toxic Substances Division, Department of Energy 
and Environment, 1200 First Street NE, 5th Fl., Washington DC 20002 
(phone number 202-535-2326). You may inspect all approved material at 
the EPA Region 3 office, 1650 Arch Street, Philadelphia, PA 19103-2029 
(phone number 215-814-3348) or the National Archives and Records 
Administration (NARA). For information on the availability of the 
material at NARA, email [email protected] or go to https://www.archives.gov/federal-register/cfr/ibr-locations.html.
    (A) ``District of Columbia Statutory Requirements Applicable to the 
Underground Storage Tank Program,'' March 1991.
    (B) ``District of Columbia Regulatory Requirements Applicable to 
the Underground Storage Tank Program,'' February 2020.
    (ii) Legal basis. EPA evaluated the following statutes and 
regulations, which are part of the approved program, but which are not 
being incorporated by reference for enforcement purposes, and do not 
replace Federal authorities:
    (A) The statutory provisions include:
    (1) Code of the District of Columbia, Division I, Title 8, Subtitle 
A, Chapter 1, Subchapter VII, Underground Storage Tank Management Act, 
Sections: 8-113-04; 8-113.06(a); 8-113.07; 8-113.08; 8-113.09; 8-
113.10; 8-113.12.
    (2) Code of the District of Columbia, Division I, Title 8, Subtitle 
A, Chapter 1, Subchapter II, Water Pollution Control, Sections: 8-
103.10(c); 8-103.20.
    (3) Code of the District of Columbia, Division I, Title 8, Subtitle 
A, Chapter 1A, Subchapter I, General, Sections: 8-151.07; 8-151.08(6).
    (B) The regulatory provisions include:
    (1) District of Columbia Municipal Regulations, Title 20, Chapters 
55-67 and 70, Underground Storage Tank Regulations, Sections: 5501.1 as 
to regulated substance delivery person or company; 5601.7; 5800.3; 
6300-6302; 6600-6605, including 6602.7 (Delivery Prohibition).
    (2) District of Columbia Municipal Regulations, Title 16, 
Consumers, Commercial Practices, & Civil Infractions--Chapters 32 and 
40; Chapter 32, Section 3201; Chapter 40, Section 4008.
    (3) District of Columbia State Rules--Superior Court Rules of Civil 
Procedure--IV. Parties, Super. Ct. Civ. R. 24--Intervention.
    (iii) Provisions not incorporated by reference. The following 
statutory and regulatory provisions are ``broader in scope'' than the 
Federal program, are not part of the approved program, and are not 
incorporated by reference herein. These provisions are not federally 
enforceable:
    (A) Code of the District of Columbia, Division I, Title 8, Subtitle 
A, Chapter 1, Subchapter VII, Underground Storage Tank Management, 
Sections: 8-113.01(7)(C) and (9)(A)(ii)-(v); 8-113.02(f) and (g) 
insofar as (g) includes persons who are not owners or operators of 
underground storage tanks; 8-113.03(a) insofar as includes persons who 
are not owners or operators of underground storage tanks; 8-113.06(b)-
(d) as to fees.
    (B) District of Columbia Municipal Regulations, Title 20, Chapters 
55-67 and 70, Underground Storage Tank Regulations, Sections: 
5500.1(c)-(d); 5500.2; 5501.1 as to persons who are not owners or 
operators of underground storage tanks; 5503.1-.2 insofar as regulates 
tanks that store heating oil for use on the premises where stored; 
5504; 5600.1(b); 5601.1 insofar as regulates tanks that store heating 
oil for use on the premises where stored; 5601.2-.3 insofar as requires 
payment of fees; 5603.5 insofar as requires permits; 5604 insofar as 
includes persons who are not owners or operators of underground storage 
tanks, 5604.3-.4; 5605; 5606; 5700.4, .7, and .8(b); 5703; 5706.1 
insofar as requires compliance with District fire code; 5900.1-.3, .7, 
as to ``agent in charge,'' .10 as to ``responsible party; 5904.5; 
6003.4; 6100.4; 6202.2; 6210.8 insofar as requires permits; 6212; 
6500.1-.4, .6-.10; 6501; 7099.1 as to the definitions of ``agent in 
charge,'' ``authorized agent,'' ``voluntary remediating party,'' and 
``voluntary remediation,'' and the definitions of ``real property 
owner'' and ``responsible party'' insofar as each definition includes 
persons who are not owners or operators of underground storage tanks.
    (2) Statement of legal authority. ``Attorney General's Statement'' 
signed by the Attorney General on September 18, 2020, though not 
incorporated by reference, is referenced as part of the approved 
underground storage tank program under Subtitle I of RCRA, 42 U.S.C. 
6991 et seq.
    (3) Demonstration of procedures for adequate enforcement. The 
``Demonstration of Adequate Enforcement Procedures'' submitted as part 
of the program revision application for approval on November 12, 2020, 
though not incorporated by reference, is referenced as part of the 
approved underground storage tank program under Subtitle I of RCRA, 42 
U.S.C. 6991 et seq.
    (4) Program description. The program description and any other 
material submitted as part of the program revision application for 
approval on November 12, 2020, though not incorporated by reference, 
are referenced as part of the approved underground storage tank program 
under Subtitle I of RCRA, 42 U.S.C. 6991 et seq.
    (5) Memorandum of Agreement. The Memorandum of Agreement between 
EPA Region 3 and the District of Columbia Department of Energy and the 
Environment, signed by the EPA Regional Administrator on November 25, 
2018, though not incorporated by reference, is referenced as part of 
the approved underground storage tank program under Subtitle I of RCRA, 
42 U.S.C. 6991 et seq.

0
3. Amend appendix A to part 282 by adding the entry for District of 
Columbia to read as follows:

Appendix A to Part 282--State Requirements Incorporated by Reference in 
Part 282 of the Code of Federal Regulations

* * * * *

District of Columbia

    (a) The statutory provisions include:
    (1) Code of the District of Columbia, Division I, Title 8, 
Subtitle A, Chapter 1,

[[Page 4166]]

Subchapter VII, Underground Storage Tank Management, sections 8-
113.01-113.12

Section 8-113.01. Definitions, except (7)(C) and (9)(A)(ii)-(v)
Section 8-113.02. Notification, except (f)
Section 8-113.03. Release notification requirements, except (a) as 
to persons who are not owners or operators of underground storage 
tanks
Section 8-113.06. Certification, registration and licensing, except 
(b) as to fees; (c)-(d)

    (2) [Reserved]
    (b) The regulatory provisions include:
    (1) District of Columbia Municipal Regulations, Title 20, 
Chapters 55-67 and 70, Underground Storage Tanks

Chapter 55 Underground Storage Tanks--General Provisions

Section 5500 Compliance with District Laws, except 5500.1(c)-(d); 
5500.2
Section 5501 Applicability of UST regulations, except 5501.1 as to 
persons who are not owners or operators of underground storage tanks
Section 5502 Partial Applicability of UST Regulations to Particular 
UST Systems
Section 5503 Partial Applicability of UST Regulations to Heating Oil 
Tanks, except 5503.1-.2
Section 5505 Applicability to Emergency Generator UST Systems
Section 5506 Industry Codes and Standards
Section 5507 Field-Constructed Tanks and Airport Hydrant Fuel 
Distribution Systems

Chapter 56 Underground Storage Tanks--Notification, Registration, 
Recordkeeping, and Public Information

Section 5600 Notice of the Existence, Use, Purchase, Sale or Change 
in Service of an UST System, except as to persons who are not owners 
or operators of underground storage tanks; 5600.1(b)
Section 5601 Registration, except 5601.1 as to tanks that store 
heating oil for use on the premises where stored; 5601.2-.3 as to 
payment of fees; 5601.10 as to persons who are not owners or 
operators of underground storage tanks
Section 5602 Recordkeeping and Reports
Section 5603 Notice of Installation, Removal, Closure-in-Place, 
Repair, Upgrade, and Testing, except 5603.5 insofar as requires 
permits
Section 5604 Notice of Sale of Real Property, except as to persons 
who are not owners or operators of underground storage tanks, 
5604.3-.4
Section 5607 Public Record Information

Chapter 57 Underground Storage Tanks--New Tank Performance Standards

Section 5700 Existing and New UST Systems--General Provisions, 
except 5700.4, .7, .8(b)
Section 5701 New Petroleum UST Systems
Section 5702 New Hazardous Substance UST Systems
Section 5704 New Piping for UST Systems
Section 5705 Spill and Overfill Prevention Equipment for New and 
Upgraded UST Systems
Section 5706 Installation of New UST Systems, except 5706.1 insofar 
as requires compliance with District fire codes

Chapter 58 Underground Storage Tanks--Operation and Maintenance of USTs

Section 5800 Existing UST System Upgrades
Section 5801 Tank Upgrades
Section 5802 Existing UST System Piping Upgrades
Section 5803 Spill and Overfill Prevention Equipment Upgrades
Section 5804 Tank Tightness Testing upon Upgrade

Chapter 59 Underground Storage Tanks--Operation and Maintenance of USTs

Section 5900 Spill and Overfill Control, except 5900.1-.3, .7 as to 
``agent in charge;'' .10 as to ``responsible party''
Section 5901 Tank Corrosion Protection
Section 5902 Repair or Replacement of UST Systems
Section 5903 Compatibility
Section 5904 Walkthrough Inspections, except 5904.5

Chapter 60 Underground Storage Tanks--Release Detection

Section 6000 Release Detection--General Provisions
Section 6001 Release Detection Recordkeeping
Section 6002 Release Detection for Hazardous Substance UST Systems
Section 6003 Release Detection for Petroleum UST System Tanks, 
except 6003.4
Section 6004 Release Detection for Petroleum UST System Piping
Section 6005 Inventory Control and Statistical Inventory 
Reconciliation
Section 6006 Manual Tank Gauging
Section 6007 Tank Tightness Testing
Section 6008 Automatic Tank Gauging
Section 6009 Vapor Monitoring
Section 6010 Groundwater Monitoring
Section 6011 Interstitial Monitoring
Section 6012 Statistical Inventory Reconciliation
Section 6013 Other Methods of Release Detection

Chapter 61 Underground Storage Tanks--Closure

Section 6100 Temporary Closure, except 6100.4
Section 6101 Permanent Closure and Change-In-Service
Section 6102 Previously Closed UST Systems
Section 6103 Closure Records

Chapter 62 Underground Storage Tanks--Reporting of Releases, 
Investigation, Confirmation, Assessment, and Corrective Action

Section 6200 Obligations of Responsible Parties--Releases, Spills, 
and Overfills
Section 6201 Reporting and Cleanup of Spills and Overfills
Section 6202 Reporting of Releases of Regulated Substances, except 
6202.2
Section 6203 Site Investigation, Confirmation of Release, Initial 
Abatement, and Initial Site Assessment
Section 6204 Removal of Free Product
Section 6205 Comprehensive Site Assessment
Section 6206 Risk-Based Corrective Action (RBCA) Process
Section 6207 Corrective Action Plan and Its Implementation
Section 6208 Tier 0 Standards
Section 6209 Tiers 1 and 2 Standards
Section 6210 No Further Action and Case Closure Requirements, except 
6210.8 insofar as requires permits
Section 6211 Public Participation in Corrective Action

Chapter 64 Underground Storage Tanks--Corrective Action by the District 
and Cost Recovery

Section 6400 Corrective Action by the District
Section 6401 Cost Recovery

Chapter 65 Underground Storage Tanks--Licensing, Certification, 
Operator Requirements, and Operator Training

Section 6500 Licensing and Certification of UST System Installers, 
Removers, Testers, and Technicians, except 6500.1-.4, .6-.10
Section 6502 Operator Designation
Section 6503 Operator Training and Training Program Approval

Chapter 67 Underground Storage Tanks--Financial Responsibility

Section 6700 Petroleum UST Systems
Section 6701 Financial Responsibility Mechanisms
Section 6702 Financial Responsibility Records and Reports
Section 6703 Financial Test of Self-Insurance
Section 6704 Financial Test of Self-Insurance: Test A
Section 6705 Financial Test of Self-Insurance: Test B
Section 6706 Guarantees
Section 6707 Insurance and Risk Retention Group Coverage
Section 6708 Surety Bonds
Section 6709 Letter of Credit
Section 6710 Private Trust Funds
Section 6711 Standby Trust Funds
Section 6712 Drawing on Financial Assurance Mechanism
Section 6713 Replenishment of Guarantees, Letters of Credit, or 
Surety Bonds
Section 6714 Cancellation or Non-Renewal of Financial Assurance
Section 6715 Bankruptcy or Incapacity
Appendix 67-1 Certification of Financial Responsibility
Appendix 67-2 Financial Test of Self Insurance Letter From Chief 
Financial Officer
Appendix 67-3 Guarantee
Appendix 67-4 Certificate of Insurance
Appendix 67-5 Endorsement
Appendix 67-6 Performance Bond
Appendix 67-7 Irrevocable Standby Letter of Credit
Appendix 67-8 Trust Agreement
Appendix 67-9 Certification of Valid Claim

Chapter 70 Underground Storage Tanks--Definitions

Section 7099 Definitions, except 7099.1 the definitions of ``agent 
in charge,'' ``authorized agent,'' ``voluntary remediating party,'' 
and ``voluntary remediation'' and the definitions of ``real property 
owner'' and ``responsible party'' insofar as each definition 
includes persons

[[Page 4167]]

who are not owners or operators of underground storage tanks

    (2) [Reserved]
* * * * *
[FR Doc. 2022-01432 Filed 1-26-22; 8:45 am]
BILLING CODE 6560-50-P


