EPA REGISTRATION DIVISION COMPANY NOTICE OF FILING FOR PESTICIDE PETITIONS PUBLISHED IN THE FEDERAL REGISTER

EPA Registration Division contact: Mindy Ondish<PHONE_NUMBER>

E. I. du Pont de Nemours and Company

2F8132

EPA has received a pesticide petition (2F8132) from E. I. duPont de Nemours and Company, DuPont Crop Protection, 1007 Market Street, Wilmington, Delaware 19898, proposing, pursuant to section 408(d) of the Federal Food, Drug, and Cosmetic Act (FFDCA), 21 U.S.C. 346a(d), to amend 40 CFR part 180 to establish tolerances for residues of nicosulfuron, [3-pyridinecarboxamide, 2-((((4,6-dimethoxypyrimidin-2-yl)aminocarbonyl)aminosulfonyl))-N,N-dimethyl] in or on the raw agricultural commodities sorghum, grain at 0.8  parts per million (ppm); sorghum, forage at 0.4  ppm; and sorghum, stover at 0.05 ppm. EPA has determined that the petition contains data or information regarding the elements set forth in section 408(d)(2) of the FFDCA; however, EPA has not fully evaluated the sufficiency of the submitted data at this time or whether the data supports granting of the petition. Additional data may be needed before EPA rules on the petition.

A. Residue Chemistry

1. Plant and animal metabolism. The qualitative nature of the residues of nicosulfuron in plants is adequately understood; therefore no additional metabolism data nicosulfuron required to support the proposed tolerances on sorghum grain, forage and stover

2. Analytical method.  Adequate analytical methodology, high-pressure liquid chromatography with ESI-MS/MS detection, is available for enforcement purposes.

3. Magnitude of residues

Sorghum - Residue trials were conducted on sorghum at 13 locations distributed across the U.S.  The nature of nicosulfuron residue in sorghum is adequately understood through the corn and canola metabolism studies.    These residue data were the basis for establishing tolerances for Sorghum, grain, forage and stover

       B. Toxicological Profile        1. Acute toxicity. Technical nicosulfuron has been placed in acute toxicology category III based on overall results from several studies. This compound was placed in toxicology category III for acute dermal toxicity (LD50 > 2,000 mg/kg; rabbits) and eye irritation (effects reversible within 72 hours; rabbits). Acute oral toxicity (LD50 > 5,000 mg/kg; rats), acute inhalation toxicity (LC50 > 5.4 mg/L, rats) and skin irritation (no observed irritation; rabbits) results were assigned toxicology category IV. Technical nicosulfuron is not a dermal sensitizer.

2. Genotoxicty.  Technical nicosulfuron was negative for genotoxicity in a battery of in vitro and in vivo tests.  These tests included the following: Bacterial Reverse Mutation Assay, Unscheduled DNA Synthesis In Primary Rat Hepatocytes, In Vitro Cho Mammalian Cells Gene Mutation Assay, Mammalian Cells In Culture Cytogenic Assay In Human Lymphocytes, In Vivo Micronucleus Assay  -  Mouse

3. Reproductive and developmental toxicity.

i. Rat developmental study.  A developmental study was conducted in rats administered technical nicosulfuron by oral gavage at dose levels of 0, 186, 930, 2325 or 5581 mg/kg/day. No treatment-related effects were noted on maternal or developmental toxicity up to and including the highest dose tested of 5581 mg/kg (the limit of the suspension capability). The LOAEL for maternal and developmental toxicity could not be determined and the NOAEL is at least 5581 mg/kg/day for both maternal and developmental toxicity.

ii. Rabbit developmental study.  In developmental study was conducted in rabbits administered technical nicosulfuron by oral gavage at dose levels of 0, 93, 465, 930 or 1860 mg/kg/day.  The LOAEL for maternal toxicity is 465 mg/kg/day and the NOAEL is 93 mg/kg/day. The LOAEL for developmental toxicity is 465 mg/kg/day (based on an apparent increase in percent post implantation loss) and the NOAEL is 93 mg/kg/day. There were no external on visceral anomalies in the fetuses. Fetal toxicity was manifested by reduced mean fetal body weight at 930 mg/kg/day and above. Therefore, the LOAEL for fetal toxicity is 930 mg/kg/day and the NOAEL is 465 mg/kg/day.

iii. Two-generation rat reproduction study.  A two generation reproduction study was conducted in rats administered continuously with technical nicosulfuron in the diet at 0,250, 5000 or 20000 ppm.   There were no treatment related effects observed in the parental animals except for lower body weight gain (p<0.05) in the F1 (first mating) females at the high dose during the last (third) week of gestation. A lower body weight gain was also seen, but not statistically significant in the F0 females during the last week of gestation. Therefore, the LOAEL for parental systemic toxicity is 20,000 ppm (1265 mg/kg/day) and the NOAEL is 5000 ppm (287 mg/kg/day).  Reproductive parameters were unaffected in the low- and mid-dose groups. There was a statistically significant (p<0.05) decrease in litter size at birth (reproductive effects) and in pup (offspring effects) weights at postpartum day 14 through 21 in the F2a high dose group. The other litters showed a similar tendency, but not a statistically significant difference. Therefore, the NOAEL for both reproductive and offspring toxicity is 5000 ppm (287 mg/kg/day) and the LOAEL is 20,000 ppm (1265 mg/kg/day).

4.  Subchronic toxicity.

i. 90-Day rat feeding study. A 90 day study in rats was conducted at dose levels of 0, 300, 1500, 7500 or 20,000 ppm.  No treatment-related signs of toxicity or mortality were attributed to the test material. No compound effects on organ weights, gross and microscopic pathology were seen. A LOAEL for subchronic toxicity of this test material is >20,000 ppm (1495/1830 mg/kg/day for males/females) and a NOAEL is 20,000 ppm (1495/1830 mg/kg/day for males/females).

ii. 90-Day mouse study.  A 90 day study in mice was conducted at dose levels of 0, 300, 1500, 7500 or 10000 ppm. No treatment-related signs of toxicity or mortality were attributed to the test material. The LOAEL derived from this study is 1500 ppm (234.0 / 323.0 mg/kg/day for males/ females) based on decreased hematological parameters, particularly the circulating neutrophils, and the NOAEL is 300 ppm (43.9/ 62.0 mg/kg/day for males/ females). 	 iii. 90-Day dog study Technical nicosulfuron was administered to dogs at dose levels of 0, 250, 5000, or 20000 ppm. Based on hematological findings (reduction of neutrophils in females), the LOAEL is 20000 ppm (710/ 683 mg/kg/day in males/females) and the NOAEL is 5000 ppm (172/ 171 mg/kg/day in males/females).

5. Chronic toxicity and oncogenicity

i. 18-Month mouse oncogenicity study.  An 18-month carcinogenicity study with mice fed dosages of 0, 3.3/4.4, 32.7/44.8, 327/438, and 993/1,312 mg/kg/day (males/females) demonstrated that no carcinogenic effects up to the highest dose tested. The systemic NOAEL is 993/1,312 (males/females) mg/kg/ day.

ii. 1-Year chronic dog study. A 1-year feeding study with dogs fed dosages of 0, 6.25, 125, and 500 mg/kg/day resulted in a systemic NOAEL of 125 mg/kg/day in males based upon a decrease in body weight gains and a concomitant increase in relative liver and kidney weights in males. The NOAEL for females was 500 mg/kg/day, the highest dose tested.

iii. Two-year combined rat chronic toxicity/oncogenicity study. In a two-year combined chronic toxicity/oncogenicity study in rats, technical nicosulfuron was administered in the diet at concentrations of 0, 50, 1500, 7500 or 20000 ppm.  Based on the lack of chronic toxic effects the NOAEL is the highest dose tested: 20,000 ppm (786 mg/kg/day in males and 1098 mg/kg/day in females).

6. Rat metabolism. In the rat, nicosulfuron is rapidly and moderately absorbed and is rapidly eliminated via urinary and fecal excretion.  Following oral administration of the low dose (10 mg/kg bw), elimination in the feces accounted for 80 to 87% of the dose, and elimination in the urine accounted for 13 to 20%. At the high dose (1000 mg/kg bw) fecal and urinary excretion ranged from 89  -  95% and 5  -  11%, respectively.  Elimination of [14]C-CO2 was negligible. The average cumulative excretion half-lives were between 12 and 24 hours. Following intravenous administration, approximately 76 to 80% of the dose was eliminated in the urine and 27 to 30% in the feces. Residues in tissues accounted for 0.05 to 0.5% of the dose. The major excretion product in urine and feces was unchanged parent compound. In addition, pyridine sulfonamide (N, N-dimethyl-2-sulfonamide pyridine-3-carboxamide or IN-V9367) was detected in the urine and accounted for 1.1 to 5.7% of the dose. Pyridine acid sulfonamide (2-sulfonamidepyridine-3- carboxylic acid, or IN-64859) was tentatively identified as a minor metabolite in the feces of orally dosed rats and urine of intravenously dosed rats. These metabolites represent hydrolytic cleavage/oxidation of the parent molecule.

7. Metabolite toxicology.  Common metabolic pathways for nicosulfuron were demonstrated in the rat, goat and in corn.  The major nicosulfuron metabolites in corn and the goat were the same as those in the rat.  A minor metabolite in the goat and two in corn differed from those observed in the rat.  These minor metabolites were only detectable following exaggerated doses to corn plants and in feed provided to goats.  Neither of these minor metabolites were detectable in human dietary components; therefore, exposures to and accumulation of these minor metabolites are unlikely.  The EPA has previously determined that the residue to be regulated is nicosulfuron only.    8. Endocrine disruption.  No special studies investigating potential estrogenic or other endocrine effects of nicosulfuron have been conducted.  However, the standard battery of required toxicology studies has been completed. These include an evaluation of the potential effects on reproduction and development, and an evaluation of the pathology of the endocrine organs following repeated or long-term exposure to doses that far exceed likely human exposures.  Based on these studies there is no evidence to suggest that nicosulfuron has an adverse effect on the endocrine sys

C. Aggregate Exposure 	 1. Dietary exposure  -

 i. Food.  Because an endpoint attributable to a single dose was not identified, the dietary exposure assessment considered only chronic exposure and not acute.

Chronic dietary exposure assessment. Chronic dietary exposure resulting from the currently approved uses and proposed uses of nicosulfuron is well within acceptable limits for all sectors of the population. The chronic module of the Dietary Exposure Evaluation Model with Food Commodity Intake Database (DEEM-FCID[TM], version 3.14, Durango Software, LLC) was used to conduct the assessment with the chronic reference dose (cRfD) of 1.25 mg/kg/ day. This model incorporates nationwide food consumption data as reported by respondents in the Nutritional Health and Nutrition Examination Survey (NHANES) 2003-4, 2005-6, 2007-8 What We Eat in America (WWEIA).  The analysis used tolerance values in place of residue values for relevant crops and meat and milk and assumed 100% crop treated for all commodities included.  The chronic dietary exposure of the US population and each subpopulation utilizes <1% of the cRfD. There are large margins of safety for each population subgroup for chronic exposure to nicosulfuron.

ii. Drinking water.  Based on the FIRST Tier 1 surface water and SCI GROW Tier 1 groundwater models under worst-case conditions the worst-case chronic estimated environmental concentrations (EECs) of nicosulfuron is 0.685 parts per billion (ppb) in surface water based on application on corn.  When drinking water at 0.685 ppb was included with food in the chronic dietary risk assessment, the predicted dietary exposure for the US population and each subpopulation was <1% of the cRfD.  Thus, the chronic dietary exposure of nicosulfuron, including the contribution of drinking water, clearly meets the standard of reasonable certainty of no harm.    2. Non-dietary exposure. No nicosulfuron product registrations for residential non food uses have been approved. Therefore, there should be no non-occupational, non-dietary exposure.

D. Cumulative Effects        Nicosulfuron belongs to the sulfonylurea class of crop protection chemicals. Other structurally similar compounds in this class are registered herbicides. However, the herbicidal activity of sulfonylureas is due to the inhibition of acetolactate synthase (ALS), an enzyme found only in plants. This enzyme is part of the biosynthesis pathway leading to the formation of branched chain amino acids. Animals lack ALS and this biosynthetic pathway. This lack of ALS contributes to the relatively low toxicity of sulfonylurea herbicides in animals. There is no reliable information that would indicate or suggest that nicosulfuron has any toxic effects on mammals that would be cumulative with those of any other chemical.

E. Safety Determination

1. U.S. population. Based on the completeness and reliability of the toxicity data and the conservative exposure assessments, there is a reasonable certainty that no harm will result from the aggregate exposure of residues of nicosulfuron including all anticipated dietary exposure and all other non occupational exposures.

2. Infants and children. Based on the completeness and reliability of the toxicity data, the lack of toxicological endpoints of special concern, the lack of any indication that children are more sensitive than adults to nicosulfuron, and the conservative exposure assessment, there is a reasonable certainty that no harm will result to infants and children from the aggregate exposure of residues of nicosulfuron, including all anticipated dietary exposure and all other non-occupational exposures. Accordingly, there is no need to apply an additional safety factor for infants and children.

F. International Tolerances There is neither a Codex proposal, nor a Canadian or Mexican tolerance for sorghum commodities.


[Federal Register Volume 81, Number 79 (Monday, April 25, 2016)]
[Notices]
[Pages 24113-24116]
[FR Doc No: 2016-09469]

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DEPARTMENT OF HOMELAND SECURITY

Federal Emergency Management Agency

[Docket ID FEMA-2016-0002; Internal Agency Docket No. FEMA-B-1613]

Proposed Flood Hazard Determinations

AGENCY: Federal Emergency Management Agency, DHS.

ACTION: Notice.

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SUMMARY: Comments are requested on proposed flood hazard
determinations, which may include additions or modifications of any
Base Flood Elevation (BFE), base flood depth, Special Flood Hazard Area
(SFHA) boundary or zone designation, or regulatory floodway on the
Flood Insurance Rate Maps (FIRMs), and where applicable, in the
supporting Flood Insurance Study (FIS) reports for the communities
listed in the table below. The purpose of this notice is to seek
general information and comment regarding the preliminary FIRM, and
where applicable, the FIS report that the Federal Emergency Management
Agency (FEMA) has provided to the affected communities. The FIRM and
FIS report are the basis of the floodplain management measures that the
community is required either to adopt or to show evidence of having in
effect in order to qualify or remain qualified for participation in the
National Flood Insurance Program (NFIP). In addition, the FIRM and FIS
report, once effective, will be used by insurance agents and others to
calculate appropriate flood insurance premium rates for new buildings
and the contents of those buildings.

DATES: Comments are to be submitted on or before July 25, 2016.

ADDRESSES: The Preliminary FIRM, and where applicable, the FIS report
for each community are available for inspection at both the online
location and the respective Community Map Repository address listed in
the tables below. Additionally, the current effective FIRM and FIS
report for each community are accessible online through the FEMA Map
Service Center at www.msc.fema.gov for comparison.
    You may submit comments, identified by Docket No. FEMA-B-1613, to
Rick Sacbibit, Chief, Engineering Services Branch, Federal Insurance
and Mitigation Administration, FEMA, 500 C Street SW., Washington, DC
20472,<PHONE_NUMBER>, or (email<EMAIL_ADDRESS>
FOR FURTHER INFORMATION CONTACT: Rick Sacbibit, Chief, Engineering
Services Branch, Federal Insurance and Mitigation Administration, FEMA,
500 C Street SW., Washington, DC 20472,<PHONE_NUMBER>, or (email)
<EMAIL_ADDRESS>or visit the FEMA Map Information
eXchange (FMIX) online at www.floodmaps.fema.gov/fhm/fmx_main.html.

SUPPLEMENTARY INFORMATION: FEMA proposes to make flood hazard
determinations for each community listed below, in accordance with
section 110 of the Flood Disaster Protection Act of 1973, 42 U.S.C.
4104, and 44 CFR 67.4(a).
    These proposed flood hazard determinations, together with the
floodplain management criteria required by 44 CFR 60.3, are the minimum
that are required. They should not be construed to mean that the
community must change any existing ordinances that are more stringent
in their floodplain management requirements. The community may at any
time enact stricter requirements of its own or pursuant to policies
established by other Federal, State, or regional entities. These flood
hazard determinations are used to meet the floodplain management
requirements of the NFIP and also are used to calculate the appropriate
flood insurance premium rates for new buildings built after the FIRM
and FIS report become effective.
    The communities affected by the flood hazard determinations are
provided in the tables below. Any request for reconsideration of the
revised flood hazard information shown on the Preliminary FIRM and FIS
report that satisfies the data requirements outlined in 44 CFR 67.6(b)
is considered an appeal. Comments unrelated to the flood hazard
determinations also will be considered before the FIRM and FIS report
become effective.
    Use of a Scientific Resolution Panel (SRP) is available to
communities in support of the appeal resolution process. SRPs are
independent panels of experts in hydrology, hydraulics, and other
pertinent sciences established to review conflicting scientific and
technical data and provide recommendations for resolution. Use of the
SRP only may be exercised after

FEMA and local communities have been engaged in a collaborative
consultation process for at least 60 days without a mutually acceptable
resolution of an appeal. Additional information regarding the SRP
process can be found online at http://floodsrp.org/pdfs/srp_fact_sheet.pdf.
    The watersheds and/or communities affected are listed in the tables
below. The Preliminary FIRM, and where applicable, FIS report for each
community are available for inspection at both the online location and
the respective Community Map Repository address listed in the tables.
For communities with multiple ongoing Preliminary studies, the studies
can be identified by the unique project number and Preliminary FIRM
date listed in the tables. Additionally, the current effective FIRM and
FIS report for each community are accessible online through the FEMA
Map Service Center at www.msc.fema.gov for comparison.

(Catalog of Federal Domestic Assistance No. 97.022, ``Flood
Insurance.'')

    Dated: April 11, 2016.
Roy E. Wright,
Deputy Associate Administrator for Insurance and Mitigation, Department
of Homeland Security, Federal Emergency Management Agency.

    I. Watershed-based studies:

------------------------------------------------------------------------
                                             Community map repository
               Community                             address
------------------------------------------------------------------------
                     Brandywine-Christina Watershed
------------------------------------------------------------------------
      Maps Available for Inspection Online at: http://www.fema.gov/preliminaryfloodhazarddata preliminaryfloodhazarddata
------------------------------------------------------------------------
            Chester County, Pennsylvania (All Jurisdictions)
------------------------------------------------------------------------
Borough of Atglen......................  Borough Office, 120 West Main
                                          Street, Atglen, PA 19310.
Borough of Avondale....................  Borough Office Building, 110
                                          Pomeroy Avenue, Avondale, PA
                                          19311.
Borough of Downingtown.................  Municipal Government Center, 4-
                                          10 West Lancaster Avenue,
                                          Downingtown, PA 19335.
Borough of Kennett Square..............  Borough Hall, 120 Marshall
                                          Street, Kennett Square, PA
                                          19348.
Borough of Modena......................  Borough Hall, Five Woodland
                                          Avenue, Modena, PA 19358.
Borough of Parkesburg..................  Borough Hall, Building One, 315
                                          West First Avenue, Parkesburg,
                                          PA 19365.
Borough of South Coatesville...........  Borough Hall, 136 Modena Road,
                                          South Coatesville, PA 19320.
Borough of West Chester................  Municipal Building, 401 East
                                          Gay Street, West Chester, PA
                                          19380.
Borough of West Grove..................  Municipal Building, 117 Rose
                                          Hill Avenue, Second Floor,
                                          West Grove, PA 19390.
City of Coatesville....................  City Hall, One City Hall Place,
                                          Coatesville, PA 19320.
Township of Birmingham.................  Birmingham Township Office,
                                          1040 West Street Road, West
                                          Chester, PA 19382.
Township of Caln.......................  Caln Township Municipal
                                          Building, 253 Municipal Drive,
                                          Thorndale, PA 19372.
Township of East Bradford..............  East Bradford Township Hall,
                                          666 Copeland School Road, West
                                          Chester, PA 19380.
Township of East Brandywine............  East Brandywine Township
                                          Office, 1214 Horseshoe Pike,
                                          Downingtown, PA 19335.
Township of East Caln..................  East Caln Township Municipal
                                          Building, 110 Bell Tavern
                                          Road, Downingtown, PA 19335.
Township of East Fallowfield...........  Township Building, 2264
                                          Strasburg Road, East
                                          Fallowfield, PA 19320.
Township of East Marlborough...........  East Marlborough Township
                                          Office, 721 Unionville Road,
                                          Kennett Square, PA 19348.
Township of East Whiteland.............  East Whiteland Township
                                          Building, 209 Conestoga Road,
                                          Frazer, PA 19355.
Township of Franklin...................  Franklin Township Building, 20
                                          Municipal Lane, Landenberg, PA
                                          19350.
Township of Highland...................  Highland Township Municipal
                                          Building, 100 Five Point Road,
                                          Coatesville, PA 19320.
Township of Honey Brook................  Township Administration Office,
                                          500 Suplee Road, Honey Brook,
                                          PA 19344.
Township of Kennett....................  Kennett Township Municipal
                                          Building, 801 Burrows Run
                                          Road, Chadds Ford, PA 19317.
Township of London Grove...............  London Grove Township Office,
                                          372 Rose Hill Road, Suite 100,
                                          West Grove, PA 19390.
Township of Londonderry................  Londonderry Municipal Office
                                          Building, 103 Daleville Road,
                                          Cochranville, PA 19330.
Township of Lower Oxford...............  Lower Oxford Township Municipal
                                          Office, 220 Township Road,
                                          Oxford, PA 19363.
Township of New Garden.................  New Garden Township
                                          Administrative Building, 299
                                          Starr Road, Landenberg, PA
                                          19350.
Township of Newlin.....................  Newlin Township Office,
                                          Maintenance Garage, 1751
                                          Embreeville Road, Coatesville,
                                          PA 19320.
Township of Penn.......................  Penn Township Building, 260
                                          Lewis Road, West Grove, PA
                                          19390.
Township of Pennsbury..................  Pennsbury Township Municipal
                                          Building, 702 Baltimore Pike,
                                          Chadds Ford, PA 19317.
Township of Pocopson...................  Pocopson Township
                                          Administration Building, 740
                                          Denton Hollow Road, West
                                          Chester, PA 19382.
Township of Sadsbury...................  Sadsbury Township Municipal
                                          Building, 2920 Lincoln
                                          Highway, Sadsburyville, PA
                                          19369.

Township of Thornbury..................  Thornbury Township Municipal
                                          Building, Eight Township
                                          Drive, Cheyney, PA 19319.
Township of Upper Oxford...............  Upper Oxford Township Building,
                                          1185 Limestone Road, Oxford,
                                          PA 19363.
Township of Upper Uwchlan..............  Upper Uwchlan Township Office,
                                          140 Pottstown Pike, Chester
                                          Springs, PA 19425.
Township of Uwchlan....................  Uwchlan Township Administration
                                          Building, Zoning Department,
                                          715 North Ship Road, Exton, PA
                                          19341.
Township of Valley.....................  Valley Township Municipal
                                          Building, 890 West Lincoln
                                          Highway, Coatesville, PA
                                          19320.
Township of Wallace....................  Wallace Township Municipal
                                          Building, 1250 Creek Road,
                                          Glenmoore, PA 19343.
Township of West Bradford..............  West Bradford Township
                                          Building, 1385 Campus Drive,
                                          First Floor, Downingtown, PA
                                          19335.
Township of West Brandywine............  Township Building, 198
                                          Lafayette Road, Upper Level,
                                          West Brandywine, PA 19320.
Township of West Caln..................  West Caln Township Municipal
                                          Building, 721 West Kings
                                          Highway, Wagontown, PA 19376.
Township of West Fallowfield...........  West Fallowfield Township
                                          Office, 3095 Limestone Road,
                                          Suite One, Cochranville, PA
                                          19330.
Township of West Goshen................  West Goshen Township Office,
                                          1025 Paoli Pike, West Chester,
                                          PA 19380.
Township of West Marlborough...........  West Marlborough Township
                                          Building, 1300 Doe Run Road,
                                          Coatesville, PA 19320.
Township of West Nantmeal..............  West Nantmeal Township
                                          Municipal Building, 455 North
                                          Manor Road, Elverson, PA
                                          19520.
Township of West Nottingham............  West Nottingham Township
                                          Municipal Building, 100 Park
                                          Road, Nottingham, PA 19362.
Township of West Sadsbury..............  West Sadsbury Township
                                          Municipal Building, 6400 North
                                          Moscow Road, Parkesburg, PA
                                          19365.
Township of West Whiteland.............  West Whiteland Township
                                          Building, Zoning Department,
                                          101 Commerce Drive, Exton, PA
                                          19341.
------------------------------------------------------------------------
            Delaware County, Pennsylvania (All Jurisdictions)
------------------------------------------------------------------------
Township of Chadds Ford................  Township Municipal Building, 10
                                          Ring Road, Chadds Ford, PA
                                          19317.
------------------------------------------------------------------------

    II. Non-watershed-based studies:

------------------------------------------------------------------------
                                             Community map repository
               Community                             address
------------------------------------------------------------------------
             Carbon County, Montana, and Incorporated Areas
------------------------------------------------------------------------
      Maps Available for Inspection Online at: http://www.fema.gov/preliminaryfloodhazarddata preliminaryfloodhazarddata
------------------------------------------------------------------------
        Project: 15-08-1292S Preliminary Date: December 11, 2015
------------------------------------------------------------------------
Unincorporated Areas of Carbon County..  County Administration Building,
                                          17 West 11th Street, Red
                                          Lodge, MT 59068.
------------------------------------------------------------------------
          Lincoln County, South Dakota, and Incorporated Areas
------------------------------------------------------------------------
      Maps Available for Inspection Online at: http://www.fema.gov/preliminaryfloodhazarddata preliminaryfloodhazarddata
------------------------------------------------------------------------
         Project: 14-08-1283S Preliminary Date: October 8, 2015
------------------------------------------------------------------------
Unincorporated Areas of Lincoln County.  Lincoln County Planning and
                                          Zoning Department, 104 North
                                          Main Street, Suite 220,
                                          Canton, SD 57013.
------------------------------------------------------------------------
         Minnehaha County, South Dakota, and Incorporated Areas
------------------------------------------------------------------------
      Maps Available for Inspection Online at: http://www.fema.gov/preliminaryfloodhazarddata preliminaryfloodhazarddata
------------------------------------------------------------------------
         Project: 14-08-1283S Preliminary Date: October 8, 2015
------------------------------------------------------------------------
City of Sioux Falls....................  City Hall, 224 West Ninth
                                          Street, Sioux Falls, SD 57117.
Unincorporated Areas of Minnehaha        Minnehaha County Planning
 County.                                  Department, 415 North Dakota
                                          Avenue, Sioux Falls, SD 57104.
------------------------------------------------------------------------

[FR Doc. 2016-09469 Filed 4-22-16; 8:45 am]
 BILLING CODE 9110-12-P


[Federal Register Volume 80, Number 110 (Tuesday, June 9, 2015)]
[Rules and Regulations]
[Pages 32472-32474]
[FR Doc No: 2015-13425]

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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R03-OAR-2015-0089; FRL-9928-65-Region 3]

Approval and Promulgation of Air Quality Implementation Plans;
Maryland; Biomass Fuel-Burning Equipment Standards

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

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SUMMARY: The Environmental Protection Agency (EPA) is approving a State
Implementation Plan (SIP) revision submitted by the State of Maryland.
This revision pertains to a new regulation for biomass fuel-burning
equipment and related amendments to existing regulations. This action
is being taken under the Clean Air Act (CAA).

DATES: This final rule is effective on July 9, 2015.

ADDRESSES: EPA has established a docket for this action under Docket ID
Number EPA-R03-OAR-2015-0089. All documents in the docket are listed in
the www.regulations.gov Web site. Although listed in the electronic
docket, some information is not publicly available, i.e., confidential
business information (CBI) or other information whose disclosure is
restricted by statute. Certain other material, such as copyrighted
material, is not placed on the Internet and will be publicly available
only in hard copy form. Publicly available docket materials are
available either electronically through www.regulations.gov or in hard
copy for public inspection during normal business hours at the Air
Protection Division, U.S. Environmental Protection Agency, Region III,
1650 Arch Street, Philadelphia, Pennsylvania 19103. Copies of the State
submittal are available at the Maryland Department of the Environment,
1800 Washington Boulevard, Suite 705, Baltimore, Maryland 21230.

FOR FURTHER INFORMATION CONTACT: Irene Shandruk,<PHONE_NUMBER>, or by
email at<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION:

I. Background

    Biomass materials, which include wood residue and wood products,
animal manure (including litter and other bedding materials),
vegetative agricultural materials as well as silvicultural materials,
can be used as fuel burned to provide heat and power. New technologies
and environmental initiatives have recently increased the use of
biomass material for combustion in the State of Maryland. Therefore,
the Maryland Department of the Environment (MDE) has established
emission standards for the combustion of biomass fuel by developing a
new Code of Maryland (COMAR) regulation, COMAR <IP_ADDRESS>--``Standards
for Biomass Fuel-Burning Equipment Greater Than 350,000 British Thermal
Units (Btu)/Hour (hr) Heat Input.'' The typical type of equipment that
is regulated under this new regulation is a boiler, however, it also
applies to process heaters and other applications. On March 25, 2015
(80 FR 15709), EPA published a notice of proposed rulemaking (NPR) for
the State of Maryland proposing approval of provisions for biomass
fuel-burning equipment.

II. Summary of SIP Revision

    On January 12, 2015, MDE submitted to EPA a SIP revision concerning
new biomass fuel-burning provisions in COMAR <IP_ADDRESS> and revised
provisions in COMAR <IP_ADDRESS> for inclusion in the Maryland SIP. The
SIP submittal also includes revisions to COMAR <IP_ADDRESS> (February
22, 2011, 76 FR 9650), .04 (November 3, 1992, 57 FR 49651), .06 (July
6, 2005, 70 FR 38774), .07 (November 3, 1992, 57 FR 49651), and .09
(May 1, 2003, 68 FR

23206), which were previously included in the Maryland SIP. The new
regulation, COMAR <IP_ADDRESS>, Standards for Biomass Fuel-Burning
Equipment Equal to or Greater Than 350,000 Btu/hr, establishes
particulate matter (PM) and nitrogen oxide (NOX) emission
limits (see Table 1) and requirements (such as compliance and record
keeping and reporting) for biomass fuel-burning equipment. According to
MDE, small biomass boilers will need to install PM emission controls;
however the NOX emission rates for biomass fuel-burning
equipment can be achieved through efficient system design and do not
require add-on pollution controls. MDE also asserted that new biomass
fuel-burning equipment would be subject to standards based on federal
maximum achievable control technology (MACT), generally available
control technology (GACT), and best available control technology (BACT)
analysis. Other specific requirements and the rationale for EPA's
proposed action are explained in the NPR and the Technical Support
Document (TSD) with Docket ID number EPA-R03-OAR-2015-0089 and will not
be restated here. No public comments were received on the NPR.

     Table 1--Emission Standards for Biomass Fuel-Burning Equipment
------------------------------------------------------------------------
 Heat input capacity (mmBtu/
             hr)                PM (pounds/mmBtu)    NOX (pounds/mmBtu)
------------------------------------------------------------------------
>=10........................  0.03-0.07             0.25-0.30
>1.5 and <10................  0.1-0.23              0.30
>0.35 and <=1.5.............  0.1-0.35              0.30
------------------------------------------------------------------------

III. Final Action

    EPA is approving a revision to the Maryland SIP pertaining to
provisions for biomass fuel-burning equipment in accordance with CAA
section 110. EPA's review of this material indicates that MDE's
regulations will result in reductions in PM and NOX, helping
Maryland to attain and maintain the National Ambient Air Quality
Standards (NAAQS) for ozone and PM.

IV. Incorporation by Reference

    In this rulemaking action, the EPA is finalizing regulatory text
that includes incorporation by reference. In accordance with
requirements of 1 CFR 51.5, the EPA is finalizing the incorporation by
reference of the Maryland rules regarding the definitions and
requirements for biomass fuel-burning equipment in COMAR <IP_ADDRESS>,
.04, .06, .07, .09, .10, and .12. The EPA has made, and will continue
to make, these documents generally available electronically through
www.regulations.gov and/or in hard copy at the EPA Region III office
(see the ADDRESSES section of this preamble for more information).

V. Statutory and Executive Order Reviews

A. General Requirements

    Under the CAA, the Administrator is required to approve a SIP
submission that complies with the provisions of the CAA and applicable
Federal regulations. 42 U.S.C. 7410(k); 40 CFR 52.02(a). Thus, in
reviewing SIP submissions, EPA's role is to approve state choices,
provided that they meet the criteria of the CAA. Accordingly, this
action merely approves state law as meeting Federal requirements and
does not impose additional requirements beyond those imposed by state
law. For that reason, this action:
     Is not a ``significant regulatory action'' subject to
review by the Office of Management and Budget under Executive Order
12866 (58 FR 51735, October 4, 1993);
     does not impose an information collection burden under the
provisions of the Paperwork Reduction Act (44 U.S.C. 3501 et seq.);
     is certified as not having a significant economic impact
on a substantial number of small entities under the Regulatory
Flexibility Act (5 U.S.C. 601 et seq.);
     does not contain any unfunded mandate or significantly or
uniquely affect small governments, as described in the Unfunded
Mandates Reform Act of 1995 (Pub. L. 104-4);
     does not have Federalism implications as specified in
Executive Order 13132 (64 FR 43255, August 10, 1999);
     is not an economically significant regulatory action based
on health or safety risks subject to Executive Order 13045 (62 FR
19885, April 23, 1997);
     is not a significant regulatory action subject to
Executive Order 13211 (66 FR 28355, May 22, 2001);
     is not subject to requirements of Section 12(d) of the
National Technology Transfer and Advancement Act of 1995 (15 U.S.C. 272
note) because application of those requirements would be inconsistent
with the CAA; and
     does not provide EPA with the discretionary authority to
address, as appropriate, disproportionate human health or environmental
effects, using practicable and legally permissible methods, under
Executive Order 12898 (59 FR 7629, February 16, 1994).
    In addition, this rule does not have tribal implications as
specified by Executive Order 13175 (65 FR 67249, November 9, 2000),
because the SIP is not approved to apply in Indian country located in
the state, and EPA notes that it will not impose substantial direct
costs on tribal governments or preempt tribal law.

B. Submission to Congress and the Comptroller General

    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
United States. EPA will submit a report containing this action 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 of the rule 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).

C. Petitions for Judicial Review

    Under section 307(b)(1) of the CAA, petitions for judicial review
of this action must be filed in the United States Court of Appeals for
the appropriate circuit by August 10, 2015. Filing a petition for
reconsideration by the Administrator of this final rule does not affect
the finality of this action for the purposes of judicial review nor
does it extend the time within which a petition for judicial review may
be filed, and shall not postpone the effectiveness of such rule or
action.
    This action pertaining to biomass fuel-burning equipment may not be

challenged later in proceedings to enforce its requirements. (See
section 307(b)(2).)

List of Subjects in 40 CFR Part 52

    Environmental protection, Air pollution control, Incorporation by
reference, Intergovernmental relations, Nitrogen dioxide, Ozone,
Particulate matter, Reporting and recordkeeping requirements.

    Dated: May 20, 2015.
William C. Early,
Acting Regional Administrator, Region III.

    40 CFR part 52 is amended as follows:

PART 52--APPROVAL AND PROMULGATION OF IMPLEMENTATION PLANS

0
1. The authority citation for part 52 continues to read as follows:

    Authority: 42 U.S.C. 7401 et seq.

Subpart V--Maryland

0
2. In Sec.  52.1070, the table in paragraph (c) is amended by revising
the entries for COMAR <IP_ADDRESS>, <IP_ADDRESS>, <IP_ADDRESS>,
<IP_ADDRESS>, and <IP_ADDRESS>, and adding entries for COMAR <IP_ADDRESS>
and <IP_ADDRESS> in numerical order to read as follows:

Sec.  52.1070  Identification of plan.

* * * * *
    (c) * * *

                 EPA-Approved Regulations, Technical Memoranda, and Statutes in the Maryland SIP
----------------------------------------------------------------------------------------------------------------
      Code of Maryland                                  State                             Additional explanation/
 Administrative Regulations       Title/Subject       effective      EPA approval date       citation at 40 CFR
      (COMAR) citation                                   date                                     52.1100
----------------------------------------------------------------------------------------------------------------

                                                  * * * * * * *
<IP_ADDRESS>................  Definitions...........     04/28/14  6/9/15 [Insert Federal  Definition of
                                                                   Register citation].     ``biomass'' is added.

                                                  * * * * * * *
<IP_ADDRESS>................  Prohibition of Certain     04/28/14  6/9/15 [Insert Federal  Revised (C)(1).
                              New Fuel Burning                     Register citation].
                              Equipment.

                                                  * * * * * * *
<IP_ADDRESS>................  Control of Particulate     04/28/14  6/9/15 [Insert Federal  Revised (D)(1) and
                              Matter.                              Register citation].     (D)(2).
<IP_ADDRESS>................  Control of Sulfur          04/28/14  6/9/15 [Insert Federal  Revised (B)(5).
                              Oxides from Fuel                     Register citation].
                              Burning Equipment.

                                                  * * * * * * *
<IP_ADDRESS>................  Tables and Diagrams...      4/28/14  6/9/15 [Insert Federal  Amended incorrect
                                                                   Register citation].     reference.
<IP_ADDRESS>................  Requirements to Burn       04/28/14  6/9/15 [Insert Federal  New regulation.
                              Used Oil and Waste                   Register citation].
                              Combustible Fluid as
                              Fuel.
<IP_ADDRESS>................  Standards for Biomass      04/28/14  6/9/15 [Insert Federal  New regulation.
                              Fuel-Burning                         Register citation].
                              Equipment Equal to or
                              Greater Than 350,000
                              Btu/hr.

                                                  * * * * * * *
----------------------------------------------------------------------------------------------------------------

* * * * *
[FR Doc. 2015-13425 Filed 6-8-15; 8:45 am]
BILLING CODE 6560-50-P


[Federal Register Volume 85, Number 120 (Monday, June 22, 2020)]
[Rules and Regulations]
[Pages 37347-37354]
[FR Doc No: 2020-10065]

=======================================================================
-----------------------------------------------------------------------

ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 282

[EPA-R06-UST-2018-0704; FRL-10009-03-Region 6]

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

AGENCY: Environmental Protection Agency (EPA).

ACTION: Direct final rule.

-----------------------------------------------------------------------

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 Texas's Underground
Storage Tank (UST) program submitted by the State. EPA has determined
that these revisions satisfy all requirements needed for program
approval. This action also codifies EPA's approval of Texas's State
program and incorporates by reference those provisions of the State
regulations that we have determined meet the requirements for approval.
The provisions will be subject to 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 August 21, 2020, unless EPA receives
adverse comment by July 22, 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 August 21, 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 on-line instructions for submitting comments.
    2. Email<EMAIL_ADDRESS>    Instructions: Direct your comments to Docket ID No. EPA-R06-UST-
2018-0704. 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 https://www.regulations.gov
website is an ``anonymous access'' system, which means the 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 the 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, the EPA recommends that you include
your name and other contact information in the body of your comment. If
the EPA cannot read your comment due to technical difficulties, and
cannot contact you for clarification, the 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.
    The index to the docket for this action is available electronically
at www.regulations.gov.
    You can view and copy the documents that form the basis for this
codification and associated publicly available docket materials are
available either through www.regulations.gov or at the Environmental
Protection Agency, Region 6, 1201 Elm Street, Suite #500, Dallas, Texas
75270. This facility is open from 8:30 a.m. to 4:30 p.m., Monday
through Friday, excluding Federal holidays and facility closures due to
COVID-19. We recommend that you telephone Audray Lincoln, Environmental
Protection Specialist, at<PHONE_NUMBER>, before visiting the Region 6
office. Interested persons wanting to examine these documents should
make an appointment with the office at least two weeks in advance.

FOR FURTHER INFORMATION CONTACT: Audray Lincoln,<PHONE_NUMBER>,
<EMAIL_ADDRESS>Out of an abundance of caution for members of
the public and our staff, the EPA Region 6 office will be closed to the
public to reduce the risk of transmitting COVID-19. We encourage the
public to submit comments via https://www.regulations.gov, as there
will be a delay in processing mail and no courier or hand deliveries
will be accepted. Please call or email the contact listed above if you
need alternative access to material indexed but not provided in the
docket.

SUPPLEMENTARY INFORMATION:

I. Approval of Revisions to Texas'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 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.
Changes to State UST programs may be necessary when Federal or State
statutory or regulatory authority is modified or when certain other
changes occur. 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 EPA.

B. What decisions has the EPA made in this rule?

    On October 15, 2018, in accordance with 40 CFR 281.51(a), Texas
submitted a complete program revision application seeking approval for
its UST program revisions corresponding to the EPA final rule published
on July 15, 2015 (80 FR 41566) which finalized revisions to the 1988
UST regulation and to the 1988 State program approval (SPA) regulation.
As required by 40 CFR 281.20, the State submitted the following: A
transmittal letter from the Governor requesting 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 relevant State statutes and regulations.
    We have reviewed the application and have determined that the
revisions to Texas's UST program are no less stringent than the
corresponding Federal requirements in subpart C of 40 CFR part 281 and
the Texas program provides for adequate enforcement of compliance (40
CFR 281.11(b)). Therefore, the EPA grants Texas 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. The Texas Commission on Environmental Quality (TCEQ) is the
lead implementing agency for the UST program in Texas, except in Indian
Country.

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 State of Texas, 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?

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

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

    Along with this direct final, 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
revision, providing opportunity for public comment. If EPA receives
comments that oppose this approval, EPA will withdraw the direct final
rule by publishing a document in the Federal Register before the rule
becomes effective. The EPA will base any further decision on the
approval of the State program changes on the proposal to approve after
considering all comments received during the comment period. EPA will
then address all public comments in a later final rule. You will 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 Texas previously been approved?

    On April 17, 1995, EPA finalized a rule approving the UST program
submitted by Texas to be implemented by TCEQ in lieu of the Federal
program.\1\ On March 18, 1996, EPA codified the approved Texas program
that is subject to EPA's inspection and enforcement authorities under
RCRA sections 9005 and 9006, 42 U.S.C. 6991d and 6991e, and other
applicable statutory and regulatory provisions.\2\
---------------------------------------------------------------------------

    \1\ 60 FR 14372 (March 17, 1995).
    \2\ 61 FR 1223 (January 18, 1996).
---------------------------------------------------------------------------

G. What changes are we approving with this action?

    In order to be approved, the program must provide for adequate
enforcement of compliance as described in 40 CFR 40 CFR 281.11 and part
281, Subpart D. The TCEQ has broad statutory authority to regulate the
installation, operation, maintenance, closure of USTs, and UST releases
under Texas Water Code (TWC), as amended, effective October 2018, Title
2, Water Administration: Subtitle A, Executive Agencies, Chapter 5,
Texas Commission on Environmental Quality and Chapter 7, Enforcement;
Subtitle D, Water Quality Control, Chapter 26, Water Quality Control.
    Specific authorities to regulate the installation, operation,
maintenance, closure of USTs, and UST releases are found under Texas
Administrative Code (TAC), Title 30 Environmental Quality, Part I Texas
Commission on Environmental Quality, Chapter 334 Underground and
Aboveground Storage Tanks, as amended effective through May 31, 2018.
The aforementioned regulations satisfy the requirements of 40 CFR
281.40 and 281.41.\3\
---------------------------------------------------------------------------

    \3\ Please see the TSD located in the docket for this rulemaking
for a more in depth explanation of how the State's program satisfies
the RCRA and its corresponding regulations.
---------------------------------------------------------------------------

    The TCEQ Office of Compliance and Enforcement requires that
respondents provide notice and opportunity for public comment on all
proposed settlements of civil enforcement actions, except where
immediate emergency action is necessary to adequately protect human
health, safety, and the environment. The TCEQ investigates and provides
responses to citizen complaints about violations. Requirements for
public participation can be found in the Texas Government Code Chapter
552, the Texas Water Code at Chapters 5 and 7, and TAC Title

30 Part I, Texas Commission on Environmental Quality, Chapter 334 at
section 334.82. Texas has met the public participation requirements
found in 40 CFR 281.42.
    To qualify for final approval, a State's program must be ``no less
stringent'' than the Federal program in all elements of the revised EPA
final rule published on July 15, 2015 (80 FR 41566).\4\ EPA added new
operation and maintenance requirements and addressed UST systems
deferred in the 1988 UST regulation. The changes also added secondary
containment requirements for new and replaced tank and piping, operator
training requirements, periodic operation and maintenance requirements
for UST systems, requirement to ensure UST system compatibility before
storing certain biofuel blends. It removed past deferrals for emergency
generator tanks, field constructed tanks and airport hydrant systems.
---------------------------------------------------------------------------

    \4\ See 40 CFR 281.11(b).
---------------------------------------------------------------------------

    The TCEQ made updates to their regulations to ensure that they were
no less stringent than the Federal regulations which were revised on
July 15, 2015 (80 FR 41566). 40 CFR 281.30 through 281.39 contain the
``no less stringent than'' criteria that a State must meet in order to
have its UST program approved. In the State's application for approval
of its UST program, the Texas Attorney General certified that it meets
the requirements listed in 40 CFR 281.30 through 281.39. EPA has relied
on this certification in addition to the analysis submitted by the
State in making our determination. For further information on EPA's
analysis of the State's application, see the chart in the Technical
Support Document (TSD) contained in the docket for this rulemaking. The
corresponding State regulations are as follows:
    40 CFR 281.30 lists the Federal requirements for new UST system
design, construction, installation, and notification with which a State
must comply in order to be found to be no less stringent than Federal
requirements. 30 TAC 334.1 Applicability, 334.2 Definitions, 334.5
General Prohibitions for Underground Storage Tanks (USTs) and UST
Systems, 334.7 Registration for Underground Storage Tanks (USTs) and
UST Systems, 334.8 Certification for Underground Storage Tanks (USTs)
and UST Systems, 334.10 Reporting and Recordkeeping, 334.44
Implementation Schedules, 334.45 Technical Standards for New
Underground Storage Tank Systems, 334.46 Installation Standards for New
Underground Storage Tank Systems, 334.49 Corrosion Protection, 334.50
Release Detection, 334.51 Spill and Overfill Prevention and Control,
and 334.71 Applicability and Deadlines require that USTs be designed,
constructed, and installed in a manner that will prevent releases for
their operating life due to manufacturing defects, structural failure,
or corrosion and be provided with equipment to prevent spills and tank
overfills when new tanks are installed or existing tanks are upgraded,
unless the tank does not receive more than 25 gallons at one time.
These sections also require UST system owners and operators to notify
the implementing agency of any new UST systems, including instances
where one assumes ownership of an existing UST.
    40 CFR 281.31 requires that most existing UST systems meet the
requirements of 281.30, are upgraded to prevent releases for their
operating life due to corrosion, spills, or overfills, or are
permanently closed. 30 TAC 334.1(b) and 334.71(a) Applicability,
334.44. Implementation Schedules, 334.47 Technical Standards for
Existing Underground Storage Tank Systems, 334.49 Corrosion Protection,
334.50 Release Detection, and 334.52 Underground Storage Tank System
Repairs and Relining contain the appropriate requirements that UST
systems be upgraded to prevent releases during their operating life due
to corrosion, spills, or overfills.
    40 CFR 281.32 contains the general operating requirements that must
be met in order for the State's submission to be considered no less
stringent than the Federal requirements. 30 TAC 334.7 Registration for
Underground Storage Tanks (USTs) and UST Systems, 334.10 Reporting and
Recordkeeping, 334.42 General Standards, 334.45 Technical Standards for
New Underground Storage Tank Systems, 334.48 General Operating and
Management Requirements, 334.49 Corrosion Protection, 334.50 Release
Detection, 334.51 Spill and Overfill Prevention and Control, and TAC
334.52 Underground Storage Tank System Repairs and Relining contain the
necessary general operating requirements required by 40 CFR 281.32.
    40 CFR 281.33 contains the requirements for release detection that
must be met in order for the State's submission to be considered no
less stringent than Federal requirements. 30 TAC 334.1 Purpose and
Availability, 334.48 General Operating and Management Requirements,
334.50 Release Detection, and 334.71 Applicability and Deadlines
contain the necessary requirements for release detection as required by
40 CFR 281.33.
    40 CFR 281.34 contains the requirements for release reporting,
investigation, and confirmation that must be met in order for the
State's submission to be considered no less stringent than Federal
requirements. 30 TAC 334.72 Reporting of Suspected Releases, 334.73
Investigation Due to Off-Site Impacts, 334.74 Release Investigation and
Confirmation Steps, and 334.75 Reporting and Cleanup of Surface Spills
and Overfills contain the necessary requirements as required by 40 CFR
281.34 for release reporting, investigation, and confirmation.
    40 CFR 281.35 contains the requirements for release response and
corrective action that must be met in order for the State's submission
to be considered no less stringent than Federal requirements. 30 TAC
334.76 Initial Response to Releases, 334.77 Initial Abatement Measures
and Site Check, 334.78 Site Assessment, 334.79 Removal of Non-Aqueous
Phase Liquids, 334.80 Investigation for Soil and Groundwater Cleanup,
334.81 Corrective Action Plan, and 334.82 Public Participation contain
the required provisions as listed in 40 CFR 281.35 for release response
and corrective action.
    40 CFR 281.36 contains the requirements for out of service UST
systems and closures that must be met in order for the State's
submission to be considered no less stringent than Federal
requirements. 30 TAC 334.1 Purpose and Applicability, 334.50 Release
Detection, 334.54 Temporary Removal from Service, 334.55 Permanent
Removal from Service, 334.56 Change to Exempt or Excluded Status, and
334.71 Applicability and Deadlines contain the necessary requirements
as listed in 40 CFR 281.36 for out of service UST systems and closures.
    40 CFR 281.37 contains the requirements for financial
responsibility for UST systems containing petroleum that must be met in
order for the State's submission to be considered no less stringent
than Federal requirements. 30 TAC 37.371 Local Government Financial
Test, 37.381 Local Government Guarantee, and Chapter 37, Subchapter I,
Financial Assurance for Petroleum Underground Storage Tanks (37.801
through 37.895) contain the necessary requirements as listed in 40 CFR
281.37 for financial responsibility for UST systems.
    40 CFR 281.38 contains the requirements for lender liability that
must be met in order for the State's submission to be considered no
less

stringent than Federal requirements. 30 TAC 334.15 Limits on Liability
of Lender contains the requirements for lender liability as listed in
40 CFR 281.38.
    40 CFR 281.39 contains the requirements for operator training that
must be met in order for the State's submission to be considered no
less stringent than Federal requirements. 30 TAC Chapter 334 Subchapter
N (334.601 through 334.606) Operator Training contains the requirements
for operator training as required by 40 CFR 281.39.

H. Where are the revised rules different from the Federal rules?

Broader in Scope Provisions
    The following statutory and regulatory provisions are considered
broader than the Federal program:
    Texas includes in their statutes references to the broader in scope
aboveground storage tank program. The following provisions are broader
in scope because they contain references to Aboveground Storage Tanks
(ASTs) or apply only to ASTs: Texas Water Code, Title 2, Subtitle D,
Chapter 26: Water Quality Control, Sections 26.341(b)(1), 26.342(9),
(12)(A), (14), (15), 26.344, 26.3441, 26.345, 26.346, 26.349, 26.351,
26.3511, 26.3514 through 26.3516. 26.354 through 26.356, and 26.358.
    The following provisions from Texas Water Code, Title 2, Subtitle
D, Chapter 26: Water Quality Control are broader in scope than the
Federal program for the reasons stated:
    These items are associated with the State-only clean up and
remediation funds--Sections 26.342(2), (4), (16), and (18), 26.3512,
26.3571, 26.3573, 26.35731, and 26.361;
    The provision at 26.342(16-a) is associated with the State-only
broader in scope contaminated soil program;
    The provisions at 26.3574 and 26.35745 are associated with fees and
reporting for State-only fees;
    The provisions at 26.364 through 26.367 are associated with the
State-only registration of contractors who perform or supervise
corrective action; and
    The provisions at 26.451, 26.452 and 26.456 describe State-only
occupational licensing and registration for occupations not covered
under the Federal program.
    The Texas regulatory provisions definition section at 30 TAC 334.2
contains a definition (at 334.2(4)) and references to Aboveground
Storage Tanks (ASTs) that are broader in scope than the Federal
program.
    At Section 334.9 Texas requires a tank seller to disclose to a
purchaser certain obligations with respect to State notification and
other regulatory information.
    At Sections 334.15 and 334.18 there are references to ASTs that are
broader in scope than the Federal program.
    State fees are generally broader in scope. Texas includes state-
specific fee requirements at 30 TAC 334.19 Fee on Delivery of Petroleum
Product, Subchapter B. Underground Storage Tank Fees (TAC 334.21
through 334.23).
    Texas includes a State-only Reimbursement Program at 30 TAC Chapter
334, Subchapter H. Reimbursement Program (TAC 334.301 through 334.322)
and Subchapter M. Reimbursable Cost Specifications for the Petroleum
Storage Tank Reimbursement Program. These are State-only programs with
no Federal counterparts and are broader in coverage.
    Texas includes State-only licensing and registration of occupations
that are not included in the Federal program at 30 TAC Chapter 334
Subchapter I. Underground Storage Tank On-site Supervisor Licensing and
Contract Registration (TAC 334.401, 334.407, and 334.424).
    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. 40 CFR 281.12(a)(3)(ii).
More Stringent Provisions
    The following regulatory provisions are considered more stringent
than the Federal rules and are included in the state's federally
approved program:
    Texas requires that professional engineers and geoscientists be
licensed by the State (30 TAC 334.10(a)(10)).
    Texas requires owners and operators to maintain records for five
years (30 TAC 334.51(c)(2) and 334.48(g)(3)(A)&(B). This is longer than
the three years required by the federal rules at 40 CFR 280.35(c),
therefore the Texas requirement is more stringent.
    Texas requires that all corrective action services be performed by
or be coordinated by a person or entity registered as a corrective
action specialist (30 TAC 334.451(b)).
    Texas does not allow exceptions to the secondary containment
requirements for piping that are allowed by the Federal program (at 40
CFR280.252(a)); therefore, the State is more stringent with respect to
this requirement (30 TAC 334.45(d)(1)(E)).

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

    Texas is not authorized to carry out its Program in Indian Country
(18 U.S.C. 1151) within the State. This authority remains with EPA.
Therefore, this action has no effect in Indian Country. See 40 CFR
281.12(a)(2).

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 is the history of codification of Texas' UST program?

    The EPA incorporated by reference Texas' then approved UST program
effective March 18, 1996 (61 FR 1223; January 18, 1996). In this
document, the EPA is revising 40 CFR 282.93 to include the approval
revision actions.

C. What codification decisions have we made in this rule?

    In this rule, we are finalizing regulatory text that includes
incorporation by reference. In accordance with the requirements of 1
CFR 51.5, we are finalizing the incorporation by reference of the Texas
rules described in the amendments to 40 CFR part 282 set forth below.
The EPA has made, and will continue to make, these documents generally
available through www.regulations.gov and in hard copy at the EPA
Region 6 office (see the ADDRESSES section of this preamble for more
information).
    The purpose of this Federal Register document is to codify Texas'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
Texas UST program addressed in this direct final rule become final. The
document incorporates by reference Texas's UST regulations and
clarifies which of these provisions are included in the approved and
federally enforceable program. By

codifying the approved Texas 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 Texas
program.
    The EPA is incorporating by reference the Texas approved UST
program in 40 CFR 282.93. Section 282.93(d)(1)(i)(A) incorporates by
reference for enforcement purposes the State's regulations. Section
282.93 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.

D. What is the effect of Texas's codification 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. With respect to these actions, EPA will rely on
Federal sanctions, Federal inspection authorities, and Federal
procedures rather than the State authorized analogs to these
provisions. Therefore, the EPA is not incorporating by reference such
particular, approved Texas procedural and enforcement authorities.
Section 282.93(d)(1)(ii) of 40 CFR lists those approved Texas
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 coverage'' than Subtitle I of RCRA. 40
CFR 281.12(a)(3)(ii) states that where an approved State program has
provisions that are broader in coverage than the Federal program, those
provisions 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. Section 282.93(d)(1)(iii) of the codification
simply lists for reference and clarity the Texas 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 today. 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 Reviews

    This action only applies to Texas'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, 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. 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 Texas'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, 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.

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, April 23, 1997), because it is not economically significant and
it does not make decisions based on environmental health or safety
risks.

F. 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.

G. 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.

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, 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

    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.

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, February 16, 1994) establishes
Federal executive policy on environmental justice. Its main provision
directs Federal agencies, to the greatest extent practicable and
permitted by law, to make environmental justice part of their mission
by identifying and addressing, as appropriate, disproportionately high
and adverse human health or environmental effects of their programs,
policies, and activities on minority populations and low-income
populations in the United States. Because this rule approves pre-
existing State rules which are at least equivalent to, 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. 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 August 21, 2020 because it is a direct
final rule.

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, Surety
bonds, Water pollution control, Water supply.

    Dated: May 5, 2020.
Kenley McQueen,
Regional Administrator, EPA Region 6.

    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.  282.93 to read as follows:

Sec.  282.93   Texas State-Administered Program.

    (a) History of the approval of Texas's program. The State of Texas
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 Texas
Department of Environmental Quality, was approved by EPA pursuant to 42
U.S.C. 6991c and Part 281 of this Chapter. EPA published the notice of
final determination approving the Texas underground storage tank base
program effective on April 17, 1995. A subsequent program revision
application was approved effective on August 21, 2020.
    (b) Enforcement authority. Texas 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) Retaining program approval. To retain program approval, Texas
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 Texas 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) Final program approval. Texas has final approval for the
following elements of its program application originally submitted to
EPA and approved effective April 17, 1995, and the program revision
application approved by EPA effective on August 21, 2020:
    (1) State statutes and regulations--(i) Incorporation by reference.
The provisions cited in this paragraph 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 Texas UST regulations that are
incorporated by reference in this paragraph from Thomson Reuters, 610
Opperman Drive, Eagan, MN 55123; Phone: 1-888-728-7677; website: http://legalsolutions.thomsonreuters.com or the Texas Secretary of State
office website at https://texreg.sos.state.tx.us/public/
readtac$ext.ViewTAC?tac_view=4&ti=30&pt=1&ch=334. You may inspect all
approved material at the EPA Region 6, 1201 Elm Street, Suite #500,
Dallas, Texas 75270 (phone number<PHONE_NUMBER>) or the National
Archives and Records Administration (NARA). For information on the
availability of this material at NARA, email<EMAIL_ADDRESS>or
go to: http://www.archives.gov/federal-register/cfr/ibr-locations.html.
    (A) ``EPA-Approved Texas Regulatory Requirements Applicable to the
Underground Storage Tank Program, October 2019''. Those provisions are
listed in Appendix A to Part 282.
    (B) [Reserved]
    (ii) Legal basis. 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) Texas Water Code, as amended, effective October 2018. Title 2,
Water Administration, Subtitle A, Executive Agencies:

    (i) Chapter 5. Texas Commission on Environmental Quality,
Subchapter B. Organization of the Texas Natural Resource Conservation
Commission, Section 5.012, Subchapter D. General Powers and Duties of
the Commission, Sections 5.103, and 5.105; Subchapter E. Administrative
Provision for Commission, Sections 5.173, 5.176, 5.1765, and 5.177;
Subchapter L. Emergency and Temporary Orders, Sections 5.510, 5.511,
5.515, and 5.516;
    (ii) Chapter 7. Enforcement, Subchapter A, General Provisions,
Sections 7.002 and 7.006; Subchapter B. Corrective Action and
Injunctive Relief, Section 7.032; Subchapter C. Administrative
Penalties, Sections 7.053 and 7.075; Subchapter D. Civil Penalties,
Sections 7.101, 7.102, 7.103, 7.105, 7.106, 7.107, 7.108, and 7.110;
Subchapter E. Criminal Offenses and Penalties, Sections 7.149 and
7.156.
    (2) Texas Water Code, as amended, effective October 2018. Title 2,
Water Administration, Subtitle D, Water Quality Control: Chapter 26.
Water Quality Control, Subchapter B, General Powers and Duties,
Sections 26.011, 26.013, 26.014, 26.015, 26.0151, 26.017, 26.019,
26.020, 26.021, 26.022, 26.039, and 26.042; Subchapter D. Prohibition
Against Pollution; Enforcement, Sections 26.341 (except 26.341(b)(1),
26.342 (except 26.342(2), (4), (5), (16), (16-a), (18), and references
to aboveground storage tanks at (9), (12), (14), (15), 26.343 (except
26.343(a)(1)), 26.344 (except reference to aboveground storage tanks),
26.3441, 26.345 (except reference to aboveground storage tanks), 26.346
(except reference to aboveground storage tanks), 26.3465, 26.3467,
26.347, 26.348, 26.349 (except reference to aboveground storage tanks),
26.350, 26.351 and 26.3511 (except references to aboveground storage
tanks), 25.3512 (except reference to petroleum storage tank remediation
account), 26.3513, 26.3514 through 26.3516 (except references to
aboveground storage tanks), 26.352, 26.354 through 26.356 (except
references to aboveground storage tanks), 26.357, 26.3572, 26.35735,
26.359, 26.362 and 26.363.
    (B) The regulatory provisions include:
    (1) Texas Administrative Code, Title 30, Part I. Texas Commission
on Environmental Quality, Chapter 334 Underground and Aboveground
Storage Tanks, effective May 31, 2018, Section 334.14 Memorandum of
Understanding between the Attorney General of Texas and the Texas
Natural Resource Conservation Commission, 334.82 Public Participation,
and 334.83 Enforcement.
    (2) [Reserved]
    (iii) Provisions not incorporated by reference. The following
specifically identified sections and rules applicable to the Texas
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 herein for enforcement purposes:
    (A) Texas Water Code, as amended, effective October 2018, Title 2,
Water Administration, Subtitle D, Water Quality Control: Chapter 26
Water Quality Control, Sections 26.341(b)(1), 26.342(2), 26.342(4),
26.342(9) as it applies to aboveground storage tanks, 26.342(12) as it
applies to aboveground storage tanks, 26.342(14) and 26.342(15) as they
apply to aboveground storage tanks, 26.342(16), 26.342(16-a),
26.342(18), 26.343(a)(1), 26.344 as it applies to aboveground storage
tanks, 26.3441, 26.345 and 26.346 as they apply to aboveground storage
tanks, 26.349 as it applies to aboveground storage tanks, 26.351 and
26.3511 as they apply to aboveground storage tanks, 26.3512 as it
applies to petroleum storage tank remediation account, 26.3514 through
26.3516 as they apply to aboveground storage tanks, 26.354 through
26.356 as they apply to aboveground storage tanks, 26.3571, 26.3573,
26.35731, 26.3574, 26.35745, 26.358, 26.361, 26.364 through 26.367;
Subchapter K. Occupational Licensing and Registration, Sections 26.451,
26.452 and 26.456.
    (B) Texas Administrative Code, Title 30, Part I. Texas Commission
on Environmental Quality, Chapter 334 Underground and Aboveground
Storage Tanks, effective May 31, 2018: Sections 334.2 ``Definitions''
as applied to aboveground storage tanks (ASTs), 334.9 ``Seller's
Disclosure'', 334.19 ``Fee on Delivery of Petroleum Product, 334.21
``Fee Assessment'' through 334.23 ``Disposition of Fees, Interest, and
Penalties'', 334.121 ``Purpose and Applicability for Aboveground
Storage Tanks (ASTs)'' through 334.132 ``Other General Provisions for
Aboveground Storage Tanks (ASTs)'', 334.201 ``Purpose, Applicability,
and Deadlines'' through 334.208 ``Model Institutional Controls'',
334.301 ``Applicability of this Subchapter'' through 334.322
``Subchapter H Definitions'', 334.401 ``License and Registration
Required'', 334.407 ``Other Requirements for an Underground Storage
Tank Contractor'', 334.424 ``Other Requirements for an On-site
Supervisor'' and 334.560 ``Reimbursable Cost Specifications''.
    (2) Statement of legal authority. The Attorney General's
Statements, signed by the Attorney General of Texas on January 11, 1994
and October 22, 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.
    (3) Demonstration of procedures for adequate enforcement. The
``Demonstration of Procedures for Adequate Enforcement'' submitted as
part of the original application on April 28, 1994 and as part of the
program revision application for approval on October 15, 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 original application on April 28,
1994 and as part of the program revision application on October 15,
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 6 and the Texas Department of Environmental Quality, signed
by the EPA Regional Administrator on July 29, 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 revising the entry for Texas to
read as follows:

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

* * * * *
    Texas
    (a) The regulatory provisions include:
    1. Texas Administrative Code, Title 30, Part I. Texas Commission
on Environmental Quality, Chapter 37 Financial Assurance, as amended
effective through May 31, 2018:

Subchapter I. Financial Assurance for Petroleum Underground Storage
Tank Systems
Section 37.801 Applicability
Section 37.802 Definitions
Section 37.815 Amount and Scope of Required Financial Assurance
Section 37.820 Allowable Mechanisms and Combinations of Mechanisms
Section 37.825 Financial Test of Self-Insurance
Section 37.830 Guarantee
Section 37.835 Insurance and Risk Retention Group Coverage
Section 37.840 Surety Bond
Section 37.845 Letter of Credit
Section 37.850 Trust Fund
Section 37.855 Standby Trust Fund

Section 37.860 Substitution of Financial Assurance Mechanisms by
Owner or Operator
Section 37.865 Cancellation or Non-Renewal by a Provider of
Financial Assurance
Section 37.867 Duty to Empty Tanks After Termination of Financial
Assurance
Section 37.870 Reporting, Registration, and Certification
Section 37.875 Financial Assurance Recordkeeping
Section 37.880 Drawing on Financial Assurance Mechanisms
Section 37.885 Release from the Requirements
Section 37.890 Bankruptcy or Other Incapacity of Owner or Operator
or Provider of Financial Assurance
Section 37.895 Replenishment of Guarantees, Letters of Credit or
Surety Bonds

    2. Texas Administrative Code, Title 30, Part I. Texas Commission
on Environmental Quality, Chapter 334 Underground and Aboveground
Storage Tanks; effective May 31, 2018:

Subchapter A. General Provisions:
    Section 334.1 ``Purpose and Applicability''
    Section 334.2 ``Definitions'' (except as they apply to
aboveground storage tanks (ASTs))
    Section 334.3 ``Exemptions for Underground Storage Tanks (USTs)
and UST Systems''
    Section 334.4 ``Exclusions for Underground Storage Tanks (USTs)
and UST Systems''
    Section 334.5 ``General Prohibitions for Underground Storage
Tanks (USTs) and UST Systems''
    Section 334.6 ``Construction Notification for Underground
Storage Tanks (USTs) and UST Systems''
    Section 334.7 ``Registration for Underground Storage Tanks
(USTs) and UST Systems''
    Section 334.8 ``Certification for Underground Storage Tanks
(USTs) and UST Systems''
    Section 334.10 ``Reporting and Recordkeeping''
    Section 334.12 ``Other General Provisions''
    Section 334.15 ``Limits on Liability of Lender'' (except as it
applies to aboveground storage tanks (ASTs))
    Section 334.16 ``Limits on Liability of Corporate Fiduciary''
    Section 334.18 ``Limits on Liability of Taxing Unit'' (except as
it applies to aboveground storage tanks (ASTs))

Subchapter C. Technical Standards:
    Section 334.41 ``Applicability''
    Section 334.42 ``General Standards''
    Section 334.43 ``Variances and Alternative Procedures''
    Section 334.44 ``Implementation Schedules''
    Section 334.45 ``Technical Standards for New Underground Storage
Tank Systems''
    Section 334.46 ``Installation Standards for New Underground
Storage Tank Systems''
    Section 334.47 ``Technical Standards for Existing Underground
Storage Tank Systems''
    Section 334.48 ``General Operating and Management Requirements''
    Section 334.49 ``Corrosion Protection''
    Section 334.50 ``Release Detection''
    Section 334.51 ``Spill and Overfill Prevention and Control''
    Section 334.52 ``Underground Storage Tank System Repairs and
Relining''
    Section 334.53 ``Reuse of Used Tanks''
    Section 334.54 ``Temporary Removal from Service''
    Section 334. 55 ``Permanent Removal from Service''
    Section 334.56 ``Change to Exempt or Excluded Status''

Subchapter D. Release Reporting and Corrective Action:
    Section 334.71 ``Applicability and Deadlines''
    Section 334.72 ``Reporting of Suspected Releases''
    Section 334.73 ``Investigation Due to Off-Site Impacts''
    Section 334.74 ``Release Investigation and Confirmation Steps''
    Section 334.75 ``Reporting and Cleanup of Surface Spills and
Overfills''
    Section 334.76 ``Initial Response to Releases''
    Section 334.77 ``Initial Abatement Measures and Site Check''
    Section 334.78 ``Site Assessment''
    Section 334.79 ``Removal of Non-Aqueous Phase Liquids (NAPLs)''
    Section 334.80 ``Investigation of Soil and Groundwater Cleanup''
    Section 334.81 ``Corrective Action Plan''
    Section 334.84 ``Corrective Action by the Agency''
    Section 334.85 ``Management of Wastes''

Subchapter J. Leaking Petroleum Storage Tank Corrective Action
Specialist Registration and Project Manager Licensing:
    Section 334.451 ``Applicability of Subchapter J''
    Section 334.454 ``Exception for Emergency Abatement Actions''
    Section 334.455 ``Notice to Owner or Operator''

Subchapter N. Operator Training:
    Section 334.601 ``Purpose and Applicability''
    Section 334.602 ``Designation and Training of Classes of
Operators''
    Section 334.603 ``Acceptable Operator Training and Certification
Processes''
    Section 334.604 ``Operator Training Deadlines''
    Section 334.605 ``Operator Training Frequency''
    Section 334.606 ``Documentation of Operator Training''

    (b) Copies of the Texas UST regulations that are incorporated by
reference are available from Thomson Reuters, 610 Opperman Drive,
Eagan, MN 55123; Phone: 1-888-728-7677; website: http://legalsolutions.thomsonreuters.com; or the Texas Secretary of State
office website at https://texreg.sos.state.tx.us/public/
readtac$ext.ViewTAC?tac_view=4&ti=30&pt=1&ch=334.

[FR Doc. 2020-10065 Filed 6-19-20; 8:45 am]
BILLING CODE 6560-50-P