[Federal Register Volume 85, Number 31 (Friday, February 14, 2020)]
[Rules and Regulations]
[Pages 8472-8475]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-02254]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Parts 281 and 282

[EPA-R04-UST-2019-0310; FRL-10004-27-Region 4]


Georgia: Final Approval and Incorporation by Reference of State 
Underground Storage Tank Program Revisions

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

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SUMMARY: The Environmental Protection Agency (EPA) is granting the 
State of Georgia (Georgia or State) final approval of revisions to its 
underground storage tank (UST) program pursuant to the Resource 
Conservation and Recovery Act (RCRA). In addition, the EPA is codifying 
EPA's approval of Georgia's revised UST program and incorporating by 
reference those provisions of the State statutes and regulations that 
the EPA has determined meet the requirements for approval. EPA 
published a proposed rule on September 16, 2019 and provided for public 
comment. No comments were received on the EPA's proposed approval of 
Georgia's UST program revisions. No further opportunity for comment 
will be provided.

DATES: This final rule is effective February 14, 2020. The 
incorporation by reference of certain publications listed in the 
regulations is approved by the Director of the Federal Register, as of 
February 14, 2020.

ADDRESSES: The EPA has established a docket for this action under 
Docket ID No. EPA-R04-UST-2019-0310. All documents in the docket are 
listed on the http://www.regulations.gov website. Certain other 
material, such as copyrighted material, is not placed on the internet 
and will be publicly

[[Page 8473]]

available only in hard copy form. Publicly available docket materials 
are available electronically through http://www.regulations.gov.

FOR FURTHER INFORMATION CONTACT: Aaryn Jones, RCRA Programs and Cleanup 
Branch, Land, Chemicals and Redevelopment Division, U.S. Environmental 
Protection Agency, Region 4, Atlanta Federal Center, 61 Forsyth Street 
SW, Atlanta, Georgia 30303-8960; Phone number: (404) 562-8969; email 
address: jones.aaryn@epa.gov.

SUPPLEMENTARY INFORMATION:

I. Approval of Revisions to Georgia's UST Program

A. What changes to Georgia's UST program is EPA approving with this 
action?

    On August 8, 2018, in accordance with 40 CFR 281.51(a), Georgia 
submitted a complete program revision application (State Application) 
seeking approval of changes to its UST program. EPA now makes a final 
decision that Georgia's UST program revisions are no less stringent 
than the corresponding Federal program. Therefore, the EPA grants 
Georgia final approval to operate its UST program with the changes 
described in the State Application and as outlined in the proposed rule 
published in the September 16, 2019 Federal Register at 84 FR 48573. 
Although no comments were received on the EPA's proposed approval of 
Georgia's UST program revisions, the EPA noticed an error in the date 
of the Georgia statutory and regulatory materials listed in the 
proposed regulatory text at 40 CFR 282.60(d)(1)(i). The date of these 
materials was improperly listed as August 2018. The EPA has corrected 
the date in the final regulatory text to August 2019. The State's 
federally-approved 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.

II. Codification

A. What is codification?

    Codification is the process of placing citations and references to 
a state's statutes and regulations that comprise a state's approved UST 
program into the Code of Federal Regulations (CFR). The EPA codifies 
its approval of state programs in 40 CFR part 282 and incorporates by 
reference state statutes and regulations that the EPA can enforce, 
after the approval is final, under sections 9005 and 9006 of RCRA, and 
any other applicable statutory provisions. The incorporation by 
reference of EPA-approved state programs in the CFR should 
substantially enhance the public's ability to discern the status of the 
approved state UST 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 Georgia's UST program?

    In 1996, the EPA incorporated by reference and codified Georgia's 
approved UST program at 40 CFR 282.60 (61 FR 4224, February 5, 1996). 
Through this action, the EPA is amending 40 CFR 282.60 to incorporate 
by reference and codify Georgia's revised UST program.

C. What codification decisions is the EPA making in this rule?

    In this rule, the EPA is finalizing regulatory text that 
incorporates by reference the federally approved Georgia UST program, 
including the revisions described in the State Application. In 
accordance with the requirements of 1 CFR 51.5, the EPA is 
incorporating by reference Georgia's statutes and regulations as 
described in the amendments to 40 CFR part 282 set forth below. These 
documents are available through https://www.regulations.gov and at the 
EPA Region 4 office (see the FOR FURTHER INFORMATION CONTACT section of 
this preamble for more information).
    Specifically, in Section 282.60(d)(1)(i), the EPA is incorporating 
by reference the Georgia-approved UST program. Section 282.60(d)(1)(ii) 
identifies the State's statutes and regulations that are part of the 
approved State program, although not incorporated by reference for 
enforcement purposes. Section 282.60(d)(2) through (d)(5) reference the 
Attorney General's Statement, Demonstration of Adequate Enforcement 
Procedures, the Program Description, and the Memorandum of Agreement, 
which are part of the State Application and approved as part of the UST 
program under subtitle I of RCRA.

D. What is the effect of the EPA's codification of the federally 
approved Georgia 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 Georgia, the EPA will rely on federal sanctions, federal 
inspection authorities, and other federal procedures rather than the 
State analogs. Therefore, the EPA is not incorporating by reference 
Georgia's procedural and enforcement authorities, although they are 
listed in 40 CFR 282.60(d)(1)(ii).

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

    Some provisions of the State's UST program are not part of the 
federally approved State program because they are ``broader in scope'' 
than the federal UST program. 40 CFR 281.12(a)(3)(ii) states that, 
where an approved state program has provisions that are broader in 
scope than the federal program, those provisions are not a part of the 
federally approved program. As a result, State provisions which are 
``broader in scope'' than the federal program are not incorporated by 
reference for purposes of enforcement in part 282. In addition, 
provisions that are external to the State UST program approval 
requirements, but included in the State Application, are also being 
excluded from incorporation by reference in part 282. For reference and 
clarity, 40 CFR 282.60(d)(1)(iii) lists the Georgia statutory and 
regulatory provisions which are ``broader in scope'' than the federal 
program and external to state UST program approval requirements. These 
provisions are, therefore, not part of the approved program that the 
EPA is codifying. Although these provisions cannot be enforced by the 
EPA, the State will continue to implement and enforce such provisions 
under State law.

III. Statutory and Executive Order (E.O.) Reviews

    This final action merely approves and codifies Georgia's revised 
UST program requirements pursuant to RCRA section 9004 and does not 
impose additional requirements other than those imposed by State law. 
For further information on how this action complies with applicable 
executive orders and statutory provisions, please see the proposed rule 
published in the September 16, 2019 Federal Register at 84 FR 48573. 
The Congressional Review Act, 5 U.S.C. 801 et seq., as added by the 
Small Business Regulatory Enforcement Fairness Act of 1996, 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

[[Page 8474]]

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). This 
final action will be effective February 14, 2020.

List of Subjects

40 CFR Part 281

    Environmental protection, Administrative practice and procedure, 
Petroleum, Hazardous substances, State program approval, Underground 
storage tanks, and Reporting and recordkeeping requirements.

40 CFR Part 282

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

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

Mary S. Walker,
Regional Administrator, Region 4.

    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. Revise Sec.  282.60 to read as follows:


Sec.  282.60  Georgia State-Administered Program.

    (a) History of the approval of Georgia's Program. The State of 
Georgia 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 Georgia 
Department of Natural Resources, Environmental Protection Division, was 
approved by EPA pursuant to 42 U.S.C. 6991c and part 281 of this 
Chapter. EPA approved the Georgia program on May 10, 1991 and it was 
effective on July 9, 1991. A subsequent program revision was approved 
by EPA and became effective on February 14, 2020.
    (b) Enforcement authority. Georgia has primary responsibility for 
administering and enforcing its federally approved underground storage 
tank program. However, 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, 
Georgia 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 Georgia obtains approval for 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) Final approval. Georgia has final approval for the following 
elements of its underground storage tank program originally submitted 
to EPA and approved effective July 9, 1991, and the program revisions 
approved by EPA effective on February 14, 2020.
    (1) State statutes and regulations--(i) Incorporation by reference. 
The Georgia materials cited in this paragraph, and listed in appendix A 
to part 282, 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 Georgia statutes that are incorporated by 
reference in this paragraph from LexisNexis, Attn: Official Code of 
Georgia Annotated, 701 East Water Street, Charlottesville, VA 22902-
5389; Phone number: 1-800-833-9844; website: http://sos.ga.gov/index.php/elections/georgia_code_-_lexisnexis. You may obtain copies of 
the Georgia regulations that are incorporated by reference in this 
paragraph from the Administrative Procedures Division, Office of the 
Georgia Secretary of State, 5800 Jonesboro Road, Morrow, Georgia 30260; 
Phone number: (678) 364-3785; website: http://rules.sos.ga.gov/gac/391-3-15. You may inspect all approved material at the EPA Region 4, 61 
Forsyth Street SW, Atlanta, Georgia 30303; Phone number: (404) 562-
9900; 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 www.archives.gov/federal-register/cfr/ibr-locations.html.
    (A) ``Georgia Statutory Requirements Applicable to the UST 
Program'', dated August 2019.
    (B) ``Georgia Regulatory Requirements Applicable to the UST 
Program'', dated August 2019.
    (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) Official Code of Georgia Annotated (2017), Title 12. 
``Conservation and Natural Resources,'' Chapter 13, ``Georgia 
Underground Storage Tank Act'': Sections 12-13-5; 12-13-6; 12-13-8; 12-
13-11(a) and (f); 12-13-14 through 12-13-17; and 12-13-19 through 12-3-
22.
    (B) Rules and Regulations of the State of Georgia (November 6, 
2017), Department 391. ``Rules of the Georgia Department of Natural 
Resources,'' Chapter 3, ``Environmental Protection,'' Subject 15, 
``Underground Storage Tank Management'': Sections 391-3-15-.01(2) and 
391-3-15-.14.
    (iii) Other Provisions not incorporated by reference. The following 
specifically identified sections and rules applicable to the Georgia 
underground storage tank program that are broader in scope than the 
federal program or external to the state UST program approval 
requirements are not part of the approved program, and are not 
incorporated by reference herein:
    (A) Official Code of Georgia Annotated (2017), Title 12: 
``Conservation and Natural Resources,'' Chapter 13, ``Georgia 
Underground Storage Tank Act'': Sections 12-13-3(8) and (16); 12-13-7; 
12-13-9(d) through (i); 12-13-10; 12-13-11(b) through (e); 12-13-12; 
12-13-13(e), and 12-13-18.
    (B) Rules and Regulations of the State of Georgia (November 6, 
2017), Department 391: ``Rules of the Georgia Department of Natural 
Resources,'' Chapter 3, ``Environmental Protection,'' Subject 15, 
``Underground Storage Tank Management'': Sections 391-3-15-.01(1); 391-
3-15-.03(1)(a), (g), (i), and (p) through (r); 391-3-15-.04; 391-3-
15-.05(4); 391-3-15-.09(5) and (7); 391-15-3-.12(3); 391-3-15-.13; and 
391-3-15-.15.
    (2) Statement of legal authority. The Attorney General's Statement, 
signed by

[[Page 8475]]

the Attorney General on June 12, 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 Georgia's application on August 8, 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 submitted as part 
of Georgia's application on August 8, 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.
    (5) Memorandum of Agreement. The Memorandum of Agreement between 
EPA Region 4 and the Georgia Environmental Protection Division, signed 
by EPA Regional Administrator on October 12, 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.

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3. Appendix A to part 282 is amended by revising the entry for Georgia 
to read as follows:

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

* * * * *

Georgia

    (a) The statutory provisions include: Official Code of Georgia 
Annotated (2017), Title 12: ``Conservation and Natural Resources,'' 
Chapter 13, ``Georgia Underground Storage Tank Act'':
    Section 12-13-1 Short title.
    Section 12-13-2 Public policy.
    Section 12-13-3 Definitions, except (8) and (16).
    Section 12-13-4 Exceptions to chapter.
    Section 12-13-9 Establishing financial responsibility; claims 
against the guarantor; Underground Storage Tank Trust Fund, except 
(d) through (i).
    Section 12-13-13 Notification by owner of underground storage 
tank, except (e).
    (b) The regulatory provisions include: Rules and Regulations of 
the State of Georgia (November 6, 2017), Department 391: ``Rules of 
the Georgia Department of Natural Resources,'' Chapter 3, 
``Environmental Protection,'' Subject 15, ``Underground Storage Tank 
Management'':
    Section 391-3-15-.01(3) General Provisions
    Section 391-3-15-.02 UST Exclusions.
    Section 391-3-15-.03 Definitions, except (1)(a), (1)(g), (1)(i), 
and (1)(p) through (r).
    Section 391-3-15-.05 UST Systems: Design, Construction, 
Installation, and Notification, except (4).
    Section 391-3-15-.06 General Operating Requirements.
    Section 391-3-15-.07 Release Detection.
    Section 391-3-15-.08 Release Reporting, Investigation, and 
Confirmation.
    Section 391-3-15-.09 Release Response and Corrective Action for 
UST Systems Containing Petroleum, except (5) and (7).
    Section 391-3-15-.10 Release Response and Corrective Action for 
UST Systems Containing Hazardous Substances.
    Section 391-3-15-.11 Out-of-Service UST Systems and Closure.
    Section 391-3-15-.12 Underground Storage Tanks Containing 
Petroleum; Financial Responsibility Requirements, except (3).
    Section 391-3-15-.16 Operator Training.
    Section 391-3-15-.17 Airport Hydrant Systems and Field 
Constructed Tanks.
    (c) Copies of the Georgia statutes that are incorporated by 
reference are available from LexisNexis, Attn: Official Code of 
Georgia Annotated, 701 East Water Street, Charlottesville, VA 22902-
5389; Phone number: 1-800-833-9844; website: http://sos.ga.gov/index.php/elections/georgia_code_-_lexisnexis. Copies of the Georgia 
regulations that are incorporated by reference are available from 
the Administrative Procedures Division, Office of the Georgia 
Secretary of State, 5800 Jonesboro Road, Morrow, Georgia 30260; 
Phone number: (678) 364-3785; website: http://rules.sos.ga.gov/gac/391-3-15.
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[FR Doc. 2020-02254 Filed 2-13-20; 8:45 am]
 BILLING CODE 6560-50-P


