[Federal Register Volume 85, Number 7 (Friday, January 10, 2020)]
[Rules and Regulations]
[Pages 1277-1282]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-27844]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 282

[EPA-R10-UST-2019-0363; FRL-10003-28-Region 10]


Idaho: 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 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 Idaho's 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 EPA's approval of 
Idaho's state program and incorporates by reference those provisions of 
the State's regulations that we have determined meet the requirements 
for approval. The State's federally-authorized and codified UST 
program, as revised pursuant to this action, will remain subject to the 
EPA's 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 March 10, 2020, unless the EPA receives 
adverse comment by February 10, 2020. If EPA receives adverse comment, 
it 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 10, 2020, 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 online instructions for submitting comments.
    2. Email: wilder.scott@epa.gov.
    3. Mail: Scott Wilder, Region 10, Enforcement and Compliance 
Assurance Division (ECAD 20-CO4), EPA Region 10, 1200 6th Avenue, Suite 
155, Seattle, Washington 98101-3123.
    4. Hand Delivery or Courier: Deliver your comments to Scott Wilder, 
Region 10, Office of Complince and Enforcement (OCE), EPA Region 10,

[[Page 1278]]

1200 6th Avenue, Suite 155, Seattle, Washington 98101-3123.
    Instructions: Submit your comments, identified by Docket ID No. 
EPA-R10-UST-2019-0363, 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 https://www2.epa.gov/dockets/commenting-epa-dockets.
    You can view and copy the documents that form the basis for this 
action and associated publicly available materials from 8:30 a.m. to 
4:00 p.m. Monday through Friday at the following location: EPA Region 
10, 1200 6th Avenue, Suite 155, Seattle, Washington 98101-3123, phone 
number (206) 553-6693. Interested persons wanting to examine these 
documents should make an appointment with the office at least 2 days in 
advance.

FOR FURTHER INFORMATION CONTACT: Scott Wilder, (206) 553-6693, 
wilder.scott@epa.gov. To inspect the hard copy materials, please 
schedule an appointment with Scott Wilder at (206) 553-6693.

SUPPLEMENTARY INFORMATION:

I. Approval of Revisions to Idaho's Underground Storage Tank Program

A. Why are revisions to state programs necessary?

    States which have received final approval from the EPA under RCRA 
section 9004(b) of RCRA, 42 U.S.C. 6991c(b), 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 EPA's regulations in 40 Code of Federal 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 September 19, 2018, in accordance with 40 CFR 281.51(a), Idaho 
submitted a complete program revision application seeking the EPA 
approval for its UST program revisions (State Application). Idaho'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 (2015 Federal Revisions). As 
required by 40 CFR 281.20, the State Application contains the 
following: A transmittal letter from the Governor 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 
the EPA and the implementing agency, a statement of certification from 
the Attorney General, and copies of all applicable state statutes and 
regulations. We have reviewed the State Application and determined that 
the revisions to Idaho's 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 Idaho program provides 
for adequate enforcement of compliance (40 CFR 281.11(b)). Therefore, 
the EPA grants Idaho 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 Idaho, 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 EPA using a direct final rule?

    The EPA is publishing this direct final rule without a prior 
proposed rule because we view this as a noncontroversial action and we 
anticipate no adverse comment. Idaho did not receive substantial 
comments during its comment period when the rules and regulations being 
considered in this direct final rule were proposed at the state level.

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

    Along with this direct final rule, the EPA is publishing a separate 
document in the ``Proposed Rules'' section of this Federal Register 
that serves as the proposal to approve the State's UST program 
revisions, and provides an opportunity for public comment. If the EPA 
receives comments that oppose this approval, the EPA will withdraw this 
direct final rule by publishing a document in the Federal Register 
before it becomes effective. The EPA will make any further decision on 
approval of the State Application after considering all comments 
received during the comment period. The EPA will then address all 
public comments 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 Idaho previously been approved?

    On February 28, 2012, the EPA finalized a rule approving the UST 
program that Idaho proposed to administer in lieu of the Federal UST 
program.

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 also is 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 State's 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 Idaho UST program will continue 
to provide for adequate enforcement of compliance as described

[[Page 1279]]

in 40 CFR 281.11(b) and part 281, subpart D, after this approval.
    The Idaho Department of Environmental Quality (DEQ) is the lead 
implementing agency for the UST program in Idaho, except in Indian 
country.
    The DEQ continues to have broad statutory authority to regulate the 
installation, operation, maintenance, and closure of USTs, as well as 
UST releases under Idaho Code, Title 39, Chapter 88, Idaho Underground 
Storage Tank Act, Sections 39-8801 through 39-8813. The Idaho UST 
Program gets its enforcement authority from the powers and duties of 
the DEQ Director (Director) found in Title 39, Chapter 1, Section 39-
108. Under Title 39, Chapter 1, Sections 39-108 and Chapter 88, Section 
39-8805, the Director is authorized to require an owner to furnish 
records, conduct monitoring or testing, and provide access to tanks. 
Penalties for non-compliance with Idaho's Underground Storage Tank Act 
may be assessed under Title 39, Chapter 1, Sections 39-108(5) and 39-
8811. Under Idaho Administrative Code (IDAPA) 58.01.07.500, a delivery 
prohibition tag may be placed on a tank for failure to install required 
spill prevention, overfill protection, leak detection, or corrosion 
protection equipment.
    Specific authorities to regulate the installation, operation, 
maintenance, and closure of USTs, as well as UST releases are found in 
IDAPA 58.01.07, Rules Regulating Underground Storage Tank Systems, as 
amended effective March 24, 2017, and Rules of Administrative Procedure 
Before the Board of Environmental Quality are found under IDAPA 
58.01.23. Compliance monitoring authorities are found under IDAPA 
58.01.07.400, as amended March 24, 2017. The aforementioned statutory 
sections and regulations satisfy the requirements of 40 CFR 281.40 and 
281.41. Idaho has met the public participation requirements found in 40 
CFR 281.42 by allowing intervention in the state enforcement process as 
provided in the Idaho Rules of Civil Procedure Rule 24(a).
    To qualify for final approval, revisions to a state's 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 DEQ has revised its regulations to help ensure that the State's 
UST program revisions are equivalent to, consistent with, and no less 
stringent than the 2015 Federal Revisions. IDAPA 58.01.07.004 
incorporates by reference the requirements of 40 CFR part 280, 
including the requirements added by the 2015 Federal Revisions, 
excepting 40 CFR part 280, subpart J (Operator Training), and 
provisions such as the definitions of ``Replaced'' and ``Under-
dispenser containment,'' recordkeeping requirements for operator 
training, and certain limiting date ranges. 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 no less 
stringent than Federal requirements. Idaho did not incorporate by 
reference Federal requirements for operator training, and has 
promulgated and is implementing its own operator training provisions 
under IDAPA 58.01.07.300. After a thorough review, the EPA has 
determined that Idaho's operator training requirements are equivalent 
to, consistent with, and no less stringent than Federal requirements.
    As part of the State Application the Idaho Attorney General 
certified that the State revisions meet the ``no less stringent'' 
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 its 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 not part of 
the federally-approved program and is not federally enforceable (40 CFR 
281.12(a)(3)(ii)). The following statutory and regulatory requirements 
are considered broader in coverage 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: 
IDAPA 58.01.07.100 requires secondary containment and monitoring of any 
UST system, including tanks, pipes, and dispensers, installed or 
replaced after February 23, 2007, that is within 1,000 feet of a 
potable drinking water source. IDAPA 58.01.07.010.16 requires secondary 
containment and monitoring of replaced piping if 100% of the piping, 
excluding connectors, connected to a single UST is replaced in 
accordance with section 9003(i)(1) of the Solid Waste Disposal. IDAPA 
58.01.07.100 requires owners and/or operators to provide written notice 
to the DEQ 30 days prior to installing a new piping system or a new or 
replacement UST and provide 24-hour notice to the DEQ prior to 
installing a replacement piping system. IDAPA 58.01.07.600 requires the 
DEQ to maintain a public database providing details on the status of 
all USTs subject to regulation in Idaho. IDAPA 58.01.07.601 requires 
all regulated USTs to pay annual fees. IDAPA 58.01.07.200 requires 
owners or operators to report the source and cause of a release to the 
DEQ.
More Stringent Provisions
    Where an approved state program includes requirements that are 
considered more stringent than required by Federal law, the more 
stringent requirements become part of the federally-approved program 
(40 CFR 281.12(a)(3)). IDAPA 58.01.07.004.04 specifies that the State's 
rules ``shall be no more stringent than federal law or regulations 
governing underground storage tank systems.''

I. How does this action affect Indian country (18 U.S.C. 1151) in 
Idaho?

    The EPA's approval of Idaho's Program does not extend to Indian 
country as defined in 18 U.S.C. 1151. Indian country generally includes 
lands within the exterior boundaries of the following Indian 
reservations located within Idaho: Coeur D'Alene Tribe, Kootenai Tribe 
of Idaho, Nez Perce Tribe, Shoshone-Bannock Tribes of the Fort Hall 
Reservation; any land held in trust by the United States for an Indian 
tribe; and any other areas that are ``Indian country'' within the 
meaning of 18 U.S.C. 1151. Any lands removed from an Indian reservation 
status by Federal court action are not considered reservation lands 
even if located within the exterior boundaries of an Indian 
reservation. The EPA will retain responsibilities under RCRA for 
underground storage tanks in Indian country. Therefore, this action has 
no effect in Indian country. 40 CFR 281.12(a)(2).

[[Page 1280]]

II. Codification

A. What is codification?

    Codification is the process of placing a state's statutes and 
regulations that comprise the state's approved UST program into the 
CFR. Section 9004(b) 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 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 codification decisions have we made in this rule?

    In this rule, we are finalizing the Federal regulatory text that 
incorporates by reference the federally-authorized Idaho UST Program. 
In accordance with the requirements of 1 CFR 51.5, we are finalizing 
the incorporation by reference of the Idaho 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 
https://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 Idaho's 
approved UST program. The codification reflects the State program that 
would be in effect at the time the EPA's approved revisions to the 
Idaho UST program addressed in this direct final rule become final. If, 
however, the EPA receives substantive comment on the proposed 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 Idaho program and by amending the 
Code of Federal Regulations (CFR), the public will more easily be able 
to discern the status of the federally-approved requirements of the 
Idaho program.
    The EPA is incorporating by reference the Idaho approved UST 
program in 40 CFR 282.62. Section 282.62(d)(1)(ii)(B) incorporates by 
reference for enforcement purposes the State's relevant statutes and 
regulations. Section 282.62 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.

C. What is the effect of EPA's codification of the federally-authorized 
State UST Program on enforcement?

    The EPA retains the authority under sections 9003(h), 9005 and 9006 
of subtitle I of RCRA, 42 U.S.C. 6991b(h), 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 
Idaho, 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 282.62(d)(1)(ii), the EPA is not incorporating by 
reference Idaho's procedural and enforcement authorities.

D. 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 coverage'' than subtitle I of RCRA. Title 
40 CFR 281.12(a)(3)(ii) states that where a state operates an approved 
program with a greater scope of coverage than the Federal program, 
those provisions creating greater coverage are not a 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 part 282. Title 40 CFR 
282.62(d)(1)(iii) lists for reference and clarity the Idaho 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 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 Idaho's 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

    The Office of Management and Budget (OMB) has exempted this action 
from the requirements of Executive Order 12866 (58 FR 51735, Oct. 4, 
1993) and 13563 (76 FR 3821, Jan. 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. Executive Order 13771: Reducing Regulations and Controlling 
Regulatory Costs

    This action is not an Executive Order 13771 (82 FR 9339, February 
3, 2017) regulatory action because actions such as this final approval 
of Idaho's revised underground storage tank program under RCRA are 
exempted under Executive Order 12866. Accordingly, I certify that this 
action will not have a significant economic impact on a substantial 
number of small entities under the Regulatory Flexibility Act (5 U.S.C. 
601 et seq.).

C. 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). 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).

D. 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, Aug. 10, 1999), because it merely approves and codifies state 
requirements as part of the State RCRA

[[Page 1281]]

Underground Storage Tank Program without altering the relationship or 
the distribution of power and responsibilities established by RCRA.

E. 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, Apr. 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.

F. 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.

G. National Technology Transfer and Advancement Act

    Under RCRA section 9004(b), the 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 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 12(d) of the National Technology Transfer and 
Advancement Act of 1995 (15 U.S.C. 272 note) do not apply.

H. 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.

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

    The EPA has complied with Executive Order 12630 (53 FR 8859, Mar. 
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.

J. 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).

K. Executive Order 12898: Federal Actions To Address Environmental 
Justice in Minority Populations and Low Income Populations

    Executive Order 12898 (59 FR 7629, Feb. 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.

L. 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. 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. 804(2). However, 
this action will be effective March 10, 2020 because it is a direct 
final rule.

    Authority: This rule is issued under the authority of Sections 
2002(a), 7004(b), and 9004, 9005 and 9006 of the Solid Waste 
Disposal Act, as amended, 42 U.S.C. 6912(a), 6974(b), and 6991c, 
6991d, and 6991e.

List of Subjects in 40 CFR Part 282

    Environmental protection, Administrative practice and procedure, 
Hazardous substances, Incorporation by reference, State program 
approval, Underground storage tanks.

    Dated: November 27, 2019.
Chris Hladick,
Regional Administrator, EPA Region 10.

    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.  282.62 to read as follows:


Sec.  282.62  Idaho State-Administered Program.

    (a) History of the approval of Idaho's Program. The State of Idaho 
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 Idaho 
Department of Environmental Quality (DEQ), was approved by EPA pursuant 
to 42 U.S.C. 6991c and part 281 of this chapter. The EPA published the 
notice of final determination approving the Idaho underground storage 
tank base program effective on February 28, 2012. A subsequent program 
revision application was approved by EPA and became effective on March 
10, 2020.
    (b) Enforcement authority. Idaho 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 9003(h), 9005, and 9006 of subtitle I of RCRA, 42 U.S.C. 
6991b(h), 6991d and 6991e, as well as under any other applicable 
statutory and regulatory provisions.
    (c) Retention of program approval. To retain program approval, 
Idaho 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 Idaho 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.

[[Page 1282]]

    (d) Final approval. Idaho has final approval for the following 
elements of its program application originally submitted to EPA and 
approved, effective February 28, 2012, and the program revision 
application approved by EPA effective on March 10, 2020:
    (1) State statutes and regulations--(i) Incorporation by reference. 
The materials cited in this paragraph (d)(1) are incorporated by 
reference as part of the underground storage tank program under 
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 Idaho 
provisions that are incorporated by reference in this paragraph 
(d)(1)(i) from Idaho's Office of Administrative Rules Coordinator, P.O. 
Box 83720, Boise, Idaho 83720; Phone number: 208-332-1820; website: 
https://adminrules.idaho.gov/. You may inspect all approved material at 
the EPA Region 10 office, 1200 Sixth Avenue, Seattle, Washington 98101, 
phone number (206) 553-6693, or the National Archives and Records 
Administration (NARA). For information on the availability of the 
material at NARA, email fedreg.legal@nara.gov or go to https://www.archives.gov/federal-register/cfr/ibr-locations.
    (A) Idaho Statutory Requirements Applicable to the Underground 
Storage Tank Program, September 2018.
    (B) Idaho Regulatory Requirements Applicable to the Underground 
Storage Tank Program, September 2018.
    (ii) Legal basis. The EPA evaluated the following statutes and 
regulations which provide the legal basis for the State's 
implementation of the underground storage tank program, but they are 
not being incorporated by reference and do not replace Federal 
authorities:
    (A) The statutory provisions include:
    (1) Idaho Code, Title 39, ``Health and Safety,'' Chapter 1, 
``Environmental Quality--Health,'' Sections 39-108 and -109.
    (2) Idaho Code, Title 39, ``Healthy and Safety,'' Chapter 88, 
``Idaho Underground Storage Tank Act.'' The following Sections are part 
of the approved State program, although not incorporated by reference 
in this part for enforcement purposes: Sections 39-8805, -8808, -8810, 
and -8811.
    (B) The regulatory provisions include:
    (1) Idaho Administrative Code 58 (April 1, 2018), Title 01, Chapter 
02, ``Water Quality Standards,'' Sections 851 and 852.
    (2) Idaho Administrative Code 58 (April 1, 2018), Title 01, Chapter 
07, ``Rules Regulating Underground Storage Tank Systems.'' The 
following Sections are part of the approved State program, although not 
incorporated by reference in this part for enforcement purposes: 
Sections 004.01, 400.01 and .03, 500, and 600.
    (3) Idaho Rules of Civil Procedure, Rule 24(a).
    (iii) Provisions not incorporated by reference. The following 
specifically identified sections and rules applicable to the Idaho 
underground storage tank program that are broader in coverage than the 
Federal program, are not part of the approved program, and are not 
incorporated by reference in this part for enforcement purposes:
    (A) Idaho Administrative Code 58 (April 1, 2018), Title 01, Chapter 
07, ``Rules Regulating Underground Storage Tank Systems,'' Sections 
010.16, 100.01 and .03, 200, 600, and 601.
    (B) [Reserved]
    (2) Statement of legal authority. The Attorney General's Statement, 
signed by the Deputy Attorney General of the State of Idaho on August 
23, 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.
    (3) Demonstration of procedures for adequate enforcement. The 
``Demonstration of Procedures for Adequate Enforcement'' submitted as 
part of the program revision application for approval on September 19, 
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.
    (4) Program description. The program description and any other 
material submitted as part of the program revision application for 
approval on September 19, 2018, 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 10 and the Idaho Department of Environmental Quality, signed 
by the EPA Regional Administrator on March 19, 2019, 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. Appendix A to part 282 is amended by adding an entry for ``Idaho'' 
in alphabetical order by State to read as follows:

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

* * * * *

Idaho

    (a) The statutory provisions include:
    (1) Idaho Code, Title 39, ``Health and Safety,'' Chapter 1, 
``Environmental Quality--Health'': Section 39-103, ``Definitions,'' 
39-103(3), (6), (7), (11), (12), (15)-(18); Section 39-107, 
``Board--Composition--Officers--Compensation--Powers--Subpoena--
Depositions--Review--Rules,'' 39-107(7).
    (2) Idaho Code, Title 39, ``Health and Safety,'' Chapter 88, 
``Idaho Underground Storage Tank Act'': Sections 39-8803, 
``Definitions,'' -8804, ``Program Scope,'' -8805, ``Rules Governing 
Underground Storage Tank Systems,'' -8805A, ``Compliance Dates for 
Certain Rules,'' -8806, ``Additional Measures to Protect Ground 
Water,'' -8807, ``Operator Training,'' -8808, ``Inspections,'' -
8809, ``Delivery Prohibition,'' and -8810, ``Underground Storage 
Tank Database.''
    (b) The regulatory provisions include:
    (1) Idaho Administrative Code 58, Title 01, Chapter 07:
    Section 004 Incorporation by Reference;
    Section 010 Definitions (except 010.16, defining ``Replace'');
    Section 100 Additional Measures to Protect Ground Water from 
Contamination (except 100.01-.03);
    Section 101 Alternative Periodic Testing of Containment Sumps 
Used for Interstitial Monitoring of Piping;
    Section 300 Training Requirements.
    (2) Idaho Administrative Code 58, Title 01, Chapter 24.
    (c) Copies of the Idaho provisions that are incorporated by 
reference are available from Idaho's Office of Administrative Rules 
Coordinator, P.O. Box 83720, Boise, ID 83720; Phone number: 208-332-
1820; website: https://adminrules.idaho.gov/.
* * * * *
[FR Doc. 2019-27844 Filed 1-9-20; 8:45 am]
 BILLING CODE 6560-50-P


