Federal Register, Volume 87 Issue 134 (Thursday, July 14, 2022)
[Federal Register Volume 87, Number 134 (Thursday, July 14, 2022)]
[Rules and Regulations]
[Pages 42075-42083]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-14981]
=======================================================================
-----------------------------------------------------------------------
ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 282
[EPA-R01-UST-2022-0204; FRL-9581-02-R1]
Vermont: Final Approval of State Underground Storage Tank Program
Revisions, Codification, 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 Vermont's Underground
Storage Tank (UST) program submitted by the Vermont Department of
Environmental Conservation (VT DEC). This action also codifies EPA's
approval of Vermont 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 September 12, 2022, unless EPA receives
adverse comment by August 15, 2022. If EPA receives adverse comments,
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 September 12, 2022, in
accordance with 5 U.S.C. 552(a) and 1 CFR part 51.
ADDRESSES: Submit your comments by one of the following methods:
1. Federal eRulemaking Portal: https://www.regulations.gov. Follow
the on-line instructions for submitting comments.
2. Email: [email protected].
Instructions: Direct your comments to Docket ID No. EPA-R01-UST-
2022-0204. 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, EPA recommends that you include your
name and other contact information in the body of your comment and with
any disk or CD-ROM you submit. If EPA cannot read your comment due to
technical difficulties, and cannot contact you for clarification, EPA
may not be able to consider your comment. Electronic files should avoid
the use of special characters, any form of encryption, and be free of
any defects or viruses. EPA encourages electronic submittals, but if
you are unable to submit electronically, please reach out to the EPA
contact person listed in the notice for assistance.
Docket: All documents in the docket are listed in the https://www.regulations.gov index. Although listed in the index, some
information might not be publicly available, e.g., CBI or other
information whose disclosure is restricted by statute. Certain other
material, such as copyrighted material, might be publicly available
only in hard copy form. Publicly available docket materials are
available either electronically through www.regulations.gov or in hard
copy.
IBR and supporting material: The EPA encourages electronic
reviewing of these documents, but if you are unable to review these
documents electronically, please contact Joan Coyle to schedule an
appointment to view the documents at the Region 1 Office, 5 Post Office
Square, 1st Floor, Boston, MA 02109-3912. The facility is open from
8:30 a.m. to 4:00 p.m., Monday through Friday, excluding Federal
holidays. Interested persons wanting to examine these documents should
make an appointment at least two weeks in advance. EPA Region 1
requires all visitors to adhere to the COVID-19 protocol. Please
contact Joan Coyle for the COVID-19 protocol requirements for your
appointment. The EPA continues to carefully and continuously monitor
information from the Centers for Disease Control and Prevention (CDC),
local area health departments, and our federal partners so that we can
respond rapidly as conditions change regarding COVID-19. For further
information on EPA Docket Center services and the current status,
please visit us online at https://www.epa.gov/dockets.
FOR FURTHER INFORMATION CONTACT: Joan Coyle, (617) 918-1303,
[email protected].
SUPPLEMENTARY INFORMATION:
I. Approval of Revisions to Vermont's Underground Storage Tank Program
A. Why are revisions to state programs necessary?
States that 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 UST program. Either EPA or
the approved state may initiate program revision. When EPA makes
revisions to the regulations that govern the UST program, states must
revise their programs to comply with the updated
[[Page 42076]]
regulations and submit these revisions to the EPA for approval. Program
revision may be necessary when the controlling Federal or state
statutory or regulatory authority is modified or when responsibility
for the state program is shifted to a new agency or agencies.
B. What decisions has the EPA made in this rule?
On December 23, 2020, in accordance with 40 CFR 281.51(a), Vermont
submitted a complete program revision application seeking the EPA
approval for its UST program revisions (State Application). Vermont's
revisions correspond to the EPA final rule published on July 15, 2015
(80 FR 41566), which revised the 1988 UST regulations and the 1988
State program approval (SPA) regulations (2015 Federal Revisions). As
required by 40 CFR 281.20, the State Application contains the
following: a transmittal letter 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 State Application and determined that the revisions
to Vermont's UST program are equivalent to, consistent with, and no
less stringent than the corresponding Federal requirements in subpart C
of 40 CFR part 281, and that the Vermont program provides for adequate
enforcement of compliance (40 CFR 281.11(b)). Therefore, the EPA grants
Vermont final approval to operate its UST program with the changes
described in the program revision application, and as outlined below in
section I.G. of this document.
C. What is the effect of this 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 Vermont, and they are not changed by this
action. This action merely approves the existing State regulations as
meeting the Federal requirements and renders them federally
enforceable.
D. Why is EPA using a direct final rule?
EPA is publishing this direct final rule concurrent with a proposed
rule because we view this as a noncontroversial action and anticipate
no adverse comment. EPA is providing an opportunity for public comment
now.
E. What happens if the EPA receives comments that oppose this action?
Along with this direct final rule, the EPA is publishing a separate
document in the ``Proposed Rules'' section of this issue of the Federal
Register that serves as the proposal to approve the State's UST program
revisions, 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 after considering all comments
received during the comment period. EPA will then address all public
comments in a later final rule. You may not have another opportunity to
comment. If you want to comment on this approval, you must do so at
this time.
F. For what has Vermont previously been approved?
On January 3, 1992, the EPA finalized a rule approving the UST
program, effective February 3, 1992, to operate in lieu of the Federal
program. On September 12, 1995, effective November 13, 1995, the EPA
codified the approved Vermont program, incorporating by reference the
State statutes and regulatory provisions that are 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.
G. What changes are we approving with this action?
On December 23, 2020, in accordance with 40 CFR 281.51(a), Vermont
submitted a complete application for final approval of its UST program
revisions, adopted on October 26, 2020. The EPA now makes an immediate
final decision, subject to receipt of written comments that oppose this
action, that Vermont's UST program revisions satisfy all the
requirements necessary to qualify for final approval. Therefore, EPA
grants Vermont final approval for the following program changes:
------------------------------------------------------------------------
Required federal element Implementing state authority
------------------------------------------------------------------------
40 CFR 281.30, New UST Systems and CVR 12-032-004 Chapter 8-302; 8-
Notification. 303(a)(1) and (a)(2); 8-403(b)
and (c); 8-404; 8-405(a) and
(f); 8-406(a) and (b); 8-410;
8-506(a)(1); 8-507(a)(1); 8-
512.
40 CFR 281.31, Upgrading Existing UST CVR 12-032-004 Chapter 8-404; 8-
Systems. 405; 8-406; 8-410; 8-512.
40 CFR 281.32, General Operating CVR 12-032-004 Chapter 8-
Requirements. 403(a); 8-502(c) and (d); 8-
503(d); 8-504; 8-508; 8-
509(a), (c) and (f); 8-510(b);
8-511.
40 CFR 281.33, Release Detection....... CVR 12-032-004 Chapter 8-
404(c); 405(f); 8-505; 8-
506(a); 8-507; 8-509(b)(2).
40 CFR 281.34, Release Reporting, CVR 12-032-004 Chapter 8-103(a)
Investigation, and Confirmation. through (e).
40 CFR 281.35, Release Response and CVR 12-032-004 Chapter 8-
Corrective Action. 103(a), 8-103(c) through (e);
CVR 12-032-008 Chapter 35-301;
35-305; 35- 604(d)(10); 35-
606(b)(3); 35-607(b).
40 CFR 281.36, Out-of-service Systems CVR 12-032-004 Chapter 8-
and Closure. 602(a), (b)(1) through (4),
(6);8-604.
40 CFR 281.37, Financial Responsibility CVR 12-032-004 Chapter 8-
for USTs Containing Petroleum. 305(a), (b), (c), (d), (e),
(g), (j).
40 CFR 281.38, Lender Liability........ CVR 12-032-004 Chapter 8-
303(a)(2); 10 VSA 1926(c); 10
VSA 6615(g).
40 CFR 281.39, Operator Training....... CVR 12-032-004 Chapter 8-307; 8-
308.
40 CFR 281.40, Legal Authorities for CVR 12-032-004 Chapter 8-
Compliance Monitoring. 303(i)(2); 8-305; 8-502(c) and
(d); 10 VSA 1924; 10 VSA 1931;
10 VSA 1934.
40 CFR 281.41, Legal Authorities for 10 VSA 1927(d); 10 VSA 1932; 10
Enforcement Response. VSA 1934; 10 VSA 1935; 10 VSA
8007; 10 VSA 8008; 10 VSA
8009; 10 VSA 8010.
40 CFR 281.42, Public Participation in 10 VSA 8007(c); 10 VSA 8020;
Enforcement Proceedings. VRCP 24.
------------------------------------------------------------------------
[[Page 42077]]
The State also demonstrates that its program provides adequate
enforcement of compliance as described in 40 CFR 281.11(b) and part
281, subpart D. The VT DEC has broad statutory authority with respect
to USTs to regulate installation, operation, maintenance, closure, and
UST releases, and to the issuance of orders. These statutory
authorities are found in: Vermont Statutes Annotated, Title 10:
Conservation and Development, Chapter 59: Underground and Aboveground
Liquid Storage Tanks, and Vermont Statutes Annotated, Title 10:
Conservation and Development, Chapter 159: Waste Management.
H. Where are the revised rules different from the Federal rules?
Broader in Scope Provisions
The following statutory and regulatory provisions are considered
broader in scope than the Federal program, and are therefore not
enforceable as a matter of Federal law:
Tank owners shall record the existence and location of USTs in
local land records.
After June 30, 1986, no owner or operator shall operate or maintain
any UST, except for fuel oil storage tanks used for on-premises heating
purposes, or farm or residential tanks used for storing motor fuel,
without first obtaining a permit from the Secretary.
No person shall deliver a regulated substance to any UST, except
for fuel oil storage tanks used for on-premises heating purposes, or
farm or residential tanks used for storing motor fuel, that is visibly
designated by the Agency as not meeting standards adopted by the
Secretary related to corrosion protection, spill prevention, leak
detection, financial responsibility, or overfill protection.
The Secretary shall establish tank registration requirements for
farm or residential USTs greater than 1,100 gallons (category three
tanks) that are or have been used to contain fuel oil for on-premises
heating purposes, and for USTs greater than 1,100 gallons that are or
have been used to contain fuel oil of on-premises heating purposes at a
public building (category three tanks).
The Secretary shall adopt rules addressing the design and proper
installation of aboveground storage tanks.
The Secretary may establish a process for licensing persons to
perform tank integrity demonstrations.
A fund was created in the State Treasury, known as the Underground
Storage Tank Trust Fund, to be expended by the Secretary as allowed by
federal law, who may accept and use funds available through the federal
underground storage tank trust fund.
The owners of a retail gasoline outlet that sells less than 20,000
gallons of gasoline per month and who want assistance to replace USTs,
and municipalities with less than 2,500 people, may apply to the
Secretary for such assistance, which may be in the form of grants of up
to $5,000 or the cost of complying with the requirements in Chapter 59,
whichever is less.
Vermont UST rules also apply to persons who install, remove,
repair, or test underground storage tank systems.
All permit applications, notifications, and requested or required
reports shall be signed by the applicant or permitee, or by a duly
authorized representative of the same.
Any person may be granted a variance for one or more of a specific
provision of the rules, provided that the request demonstrates that the
proposed new or alternative technology, method, or application will be
as protective to human health or the environment as the original
provision.
Monitoring wells, recovery wells, and observation wells must be
constructed with a liquid-tight cap and maintained in a condition that
will prevent contamination of the groundwater resulting from a spill of
regulated substance on the ground surface.
USTs used to store fuel oil for on-premises heating that have a
capacity greater than 1,100 gallons and those located at public
buildings are subject to requirements for registration, site assessment
at closure, and release reporting.
USTs of any size storing fuel oil for on-premises industrial use,
not just space heating, are subject to all requirements.
All USTs are subject to requirements for reporting releases and
spills.
Owners of the land on which UST systems are located, as well as
transporters of fuel, to both UST facilities and to disposal and
treatment facilities, are subject to releases and spills reporting
requirements.
Owners and operators of all underground storage tank systems must
record their existence and location in municipal land records and pay a
recording fee to the municipality, except for those UST's equal to or
less than 1,100 gallons that are farm or residential motor fuel tanks
or fuel oil tanks used for on-premises heating.
The Petroleum Cleanup Fund was established as a financial assurance
mechanism for the cleanup and restoration of contaminated soil and
groundwater caused by petroleum releases from USTs, and for
compensation of third parties for injuries and damages caused by a
release.
The State established a licensing fee of one cent per gallon of
motor fuel sold by a distributor or dealer or used by a user in the
State and will be assessed against every distributor, dealer, or user.
The fee will be deposited into the Petroleum Cleanup Fund.
Each owner of all USTs, except for those equal to or less than
1,100 gallons that are farm or residential motor fuel tanks or fuel oil
tanks used for on-premises heating, that store petroleum products must
annually remit to the Secretary $100 per double-wall tank system; $250
per combination tank system, if the single-wall tank has been lined;
$500 for all other combination systems; and $1,000 per single-wall tank
system. Fees will be deposited into the Petroleum Cleanup Fund.
A Loan Assistance Program is established from which the Secretary
may make individual loans up to $150,000 for the replacement or removal
of petroleum tank systems. Loans will be made from the Motor Fuel
Account.
Permits are required for construction, replacement, and operation
of all UST's, except for fuel oil storage tanks used for on-premises
heating and for farm or residential tanks used for storing motor fuel.
Permits are not transferrable and do not run with the land. New owners
or operators of UST facilities must apply for new operating permits.
Operating permits are good for five years but permit fees must be
submitted to the Secretary annually. Fees for UST permits are
established at $125 per tank per year.
No portion of any new permitted underground storage tank system
(installed after July 1, 2007) shall be located within the Source
Protection Area of a public community water system or public non-
transient, non-community (NTNC) water system using a groundwater
source; within Zone 1 or 2 of a Source Water Area of a public community
water system or NTNC water system using a surface water source (unless
the Secretary determines on a case-by-case basis, that an UST may be
sited in zone 2 of this same area); within 200 feet of a public
transient, non-community (TNC) water system source; within 100 feet of
any private water supply source; within 25 feet of any public water
distribution line; or in any designated Class I or Class II groundwater
zone area.
For all new facilities, and new UST's being installed at existing
facilities, no portion of the tank system shall be
[[Page 42078]]
located within five feet from any wall, foundation, or property line.
All fill pipes, pump-out pipes, or other tank-top fittings shall be
connected to the tank using vapor-proof fittings and shall be equipped
with vapor-proof caps that remain closed whenever the pipe or fitting
is not in use.
All pressurized piping shall be equipped with a shear valve in the
supply line to the dispenser, that is located at the inlet to the
dispenser, and is securely anchored to a structural member of the
dispensing island. Shear valves shall be tested according to the
manufacturer's recommendations at the time of installation and at least
annually thereafter.
Any size motor fuel and commercial fuel oil underground storage
tank located at an elevation that produces a gravity head on the
dispenser shall be equipped with a device (e.g., a solenoid-operated
anti-siphon valve) that prevents the flow of regulated substance by
gravity from the tank when the dispenser is not in use, or in the event
of a piping or hose failure.
A facility diagram must always be displayed in a location that is
protected from the weather and visible to any carrier delivering
regulated substances to all USTs, except fuel oil storage tanks used
for on-premises heating purposes, or farm or residential tanks greater
than 1,100 gallons used for storing motor fuel. It must include the
location of each tank and fill pipe, regulated substance stored, and
the capacity and diameter of each tank.
The fill pipe of each UST must be marked or labelled to identify
the material stored. The fill pipe and pump-out pipe of any used oil
UST must be marked or labelled to identify the contents of the tank as
used oil. When the material stored in a tank is changed, the labeling
or marking on the fill pipe and pump-out pipe shall be updated to
reflect that change.
Following the repair of a tank, and before using it, the owner must
obtain a written warranty from the person who repaired the tank that
warrants against structural failure for at least 10 years after the
repair, and for steel tanks, warrants against failure due to external
corrosion for at least 10 years following the repair. Copies of
warranties for internal inspections of tank linings shall be maintained
for the operating life of the tank. Copies of all warranties shall be
made available to the Secretary within 24 hours of a request.
Any time a vent riser is exposed for maintenance or repair, any
Stage II vapor recovery piping connected to that vent riser shall be
disconnected and capped securely.
Any waste liquids produced by the testing procedures required for
sump and spill containment device inspections shall be managed in
accordance with procedures established by the Secretary.
Requirements for registration, reporting of releases and spills,
release assessments at closure and removal, and recordkeeping of
closure activities apply to fuel oil tanks used for on-premises heating
that are greater than 1,100 gallons or are located at commercial and
public buildings.
Requirements for permanent closure apply to farm or residential
motor fuel tanks and fuel oil storage tanks used for on-premises
heating that are less than or equal to 1,100 gallons. However, the
requirements for providing notice of closure and recording to the
Secretary do not apply for these tank systems.
When the Secretary receives a site assessment report for closing
any UST system, the Secretary will send the owner either an amended
Notification Form or an UST Closure Form. Within 30 days of receipt of
the form, the owner will complete and sign the form and return to the
Secretary with the municipal recording fee. The Secretary will issue an
amended permit for any category one UST systems that remain in-service
at the facility where an UST system has been closed.
More Stringent Provisions
Any release of petroleum product that exceeds two gallons, or a
release of petroleum product that is less than or equal to two gallons
and poses a potential or actual threat to human health or the
environment, must be immediately reported to the state.
A release of any amount of hazardous material other than petroleum
must be immediately reported to the state.
Upon transfer of ownership of an underground tank system, the
seller shall provide written notification to the new owner of the
existence of these rules.
For any change-in-service, the owner or permittee must notify the
Secretary of the anticipated change at least 14 days prior to making
the change.
Any piping that is removed from the ground shall not be reinstalled
as part of an underground storage tank system used to contain a
regulated substance.
During all hours of normal operation hours, a staffed facility
shall have a Class C operator present at the facility, or at least a
person who has been trained in all appropriate emergency actions to be
taken in response to a spill or overfill of regulated substance,
automatic tank gauge system alarms, and phone numbers to call to report
spills, overfills, or other emergencies.
Class A, B, and C operators must renew their certifications at
least every two years.
An operator training test must be approved, in writing, by the
Secretary as satisfying the minimum criteria of areas of competence for
Class A, B, and C operators.
Remote fill pipes and manifolds that contain hazardous materials
must be equipped with secondary containment.
All dispenser sumps shall be monitored for releases, except those
with pumps that operate under suction and the pipe connecting the tank
to the dispenser rises directly vertically from the tank.
Any point where different types of new piping are joined
underground, or any point between a tank and dispenser where liquid
would likely accumulate in the interstitial space of the piping system,
shall be contained within an intermediary sump that is monitored for
releases.
All tanks containing regulated substances, including farm or
residential motor fuel tanks greater than 1,100 gallons used for non-
commercial purposes, must have spill containment.
Spill containment devices installed or replaced after July 1, 2007,
must have a minimum capacity of 15 gallons and not be equipped with a
drain valve.
Overfill prevention equipment is not required for any tank that
receives less than 25 gallons of regulated substances at one time and
is never more than 90 percent full, provided the owner/operator
performs manual volume measurements at least once per week, following
procedures in the regulations, and maintains records of the results.
Field-installed galvanic anodes must be tested at least annually.
Systems using impressed current shall be inspected and tested at
least annually to evaluate all components.
A copy of a passing cathodic test report shall be submitted to the
Secretary within 30 days of the test. The Secretary must be notified
within one business day of the failed test. A copy of a failed test
report must be submitted to the Secretary within five business days of
the test. The cause of the failure must be determined within 120 days
of the test, and, if necessary, the failed system must be repaired or
replaced. Within 30 days of repairing a cathodic protection system, a
written report must be submitted to the Secretary describing the cause
and the measures taken to correct the failure. If repairs to the
cathodic protection system are not completed within120 days of the date
of
[[Page 42079]]
the failed test, the UST system must be taken out-of-service or be
closed. On a case-by-case basis, the Secretary may allow the UST system
to remain in service for more than 120 days after the date of the
failed test.
All UST systems in operation, except for fuel oil storage tanks
used for on-premises heating purposes, and farm or residential motor
fuel tanks less than 1,100 gallons, or those that are out of service
but still contain product, must be monitored at least weekly for
releases.
Inventory monitoring must be performed on all operating UST
systems, except for fuel oil storage tanks used for on-premises heating
purposes, farm, or residential motor fuel tanks less than 1,100
gallons, and tanks that contain used oil or do not dispense product
through a metered dispenser. Suspected releases must be reported to the
Secretary when the monitoring indicates a release has occurred
according to specified criteria.
The owner of any existing flexible thermoplastic piping that is ten
years old or older and does not meet the standards established by
Underwriters Laboratories Standard 971-2005: ``Standard for Nonmetallic
Underground Piping for Flammable Liquids,'' shall conduct a visual
inspection of that piping at least annually. The results of that
inspection shall be reported and submitted to the Secretary within 30
days of completing the inspection.
Copies of each passing annual automatic line leak detector test
report must be sent to the Secretary within 30 days of the date of the
test.
Within 90 days of completing a repair of any cathodically-protected
tank, the permittee or tank owner shall test the cathodic protection
system.
The results of each walkthrough inspection report which shall be
maintained at the facility or a facility corporate office within the
State of Vermont for a period of at least three years.
Permittees shall annually inspect each underground storage tank
system, except for fuel oil storage tanks used for on-premises heating
purposes or farm or residential tanks used for storing motor fuel, for
compliance with these rules and shall self-certify the results of that
inspection on specified certification forms, to the Secretary no later
than December 31 of each year.
Walkthrough inspections will include visually examining tank pads
for stains or other indications of a spill or leak in a sump or other
tank-top appurtenance. Dispensers, dispensing islands, and fueling pads
shall be visually examined for stains or other indications of a spill
or leak in a dispenser.
Walkthrough inspections of unstaffed facilities shall be conducted
weekly, except that the inner workings of dispensers can be examined
monthly.
Failed results of sump, spill containment, and overfill protection
test results must be immediately reported to the Secretary. Permittees
shall submit to the Secretary passing test results and a summary of any
actions taken within 30 days of the completion of the tests.
If an UST system is out of service for 90 days or less, owners/
permittees must notify the Secretary that the tank system is out-of-
service; ensure the liquid level has been lowered to or below the
lowest draw-off point, ensure that vent lines are left open and
functioning, that all other lines, gauge openings, manways, pumps and
other ancillary equipment are capped or secured to prevent unauthorized
use or access; indicate by signage to notify customers and suppliers
that the system is out-of-service; and secure the fill pipe to prevent
a carrier from adding regulated substance to the tank system. In
addition to these requirements, owners/permittees must ensure that the
tank is empty if taken out of service for greater than 90 days.
Single-walled tanks and pressurized single-walled piping must be
closed by January 1, 2016. Combination systems (single-wall unlined
tanks, with either double wall pressurized piping or intrinsically safe
single-wall suction piping) must be removed by January 1, 2018. Lined
single wall tanks with double-wall pressurized piping must cease
operation 10 years after lining, except that if an internal inspection
is conducted and the lining is still in good condition and no leak has
occurred, owners can request a five-year extension, after which the
tank must be closed, even if the lining is still good. Damaged lining
cannot be repaired.
No person shall line a single-wall tank or combination tank system
after January 1, 2014.
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 statutes and regulations that the EPA
will enforce under sections 9005 and 9006 of RCRA and any other
applicable state 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 Vermont's UST program?
EPA incorporated by reference the Vermont DEC approved UST program
effective November 13, 1995 (60 FR 47300; September 12, 1995). In this
document, EPA is revising 40 CFR 282.95 to include the approved
revisions.
C. What codification decisions have we made in this rule?
Incorporation by reference: 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 federally approved Vermont UST
program described in section I.G. of this preamble and set forth below
in the amendments to 40 CFR part 282. The EPA has made, and will
continue to make, this document generally available through
www.regulations.gov and at the EPA Region 1 office (see the ADDRESSES
Section of this preamble for more information).
The purpose of this Federal Register document is to codify
Vermont's approved UST program. The codification reflects the State
program that would be in effect at the time EPA's approved revisions to
the Vermont UST program addressed in this direct final rule become
final. The document incorporates by reference Vermont's UST statutes
and regulations and clarifies which of these provisions are included in
the approved and federally enforceable program. By codifying the
approved Vermont program and by amending the CFR, the public will more
easily be able to discern the status of the federally-approved
requirements of the Vermont program.
EPA is incorporating by reference the Vermont approved UST program
in 40 CFR 282.95. Section 282.95(d)(1)(i)(A) incorporates by reference
for enforcement purposes the State's statutes and regulations.
Section 282.95 also references the Attorney General's Statement,
Demonstration of Adequate Enforcement Procedures, the Program
Description, and the Memorandum of
[[Page 42080]]
Agreement, which are approved as part of the UST program under Subtitle
I of RCRA. These documents are not incorporated by reference.
D. What is the effect of Vermont's codification on enforcement?
The EPA retains the authority under sections 9005 and 9006 of
Subtitle I of RCRA, 42 U.S.C. 6991d and 6991e, and other applicable
statutory and regulatory provisions to undertake inspections and
enforcement actions and to issue orders in approved States. With
respect to these actions, EPA will rely on Federal sanctions, Federal
inspection authorities, and Federal procedures rather than the state
authorized analogues to these provisions. Therefore, the EPA is not
incorporating by reference such particular, approved Vermont procedural
and enforcement authorities. Section 282.95(d)(1)(ii) of 40 CFR lists
those approved Vermont authorities that would fall into this category.
E. What State provisions are not part of the codification?
The public also needs to be aware that some provisions of the
State's UST program are not part of the federally approved State
program. Such provisions are not part of the RCRA Subtitle I program
because they are ``broader in scope'' than Subtitle I of RCRA. Section
281.12(a)(3)(ii) of 40 CFR states that where an approved state program
has provisions that are broader in scope than the Federal program,
those provisions are not a part of the federally approved program. As a
result, State provisions which are broader in scope than the Federal
program are not incorporated by reference for purposes of enforcement
in part 282. Section 282.95(d)(1)(iii) lists for reference and clarity
the Vermont statutory and regulatory provisions which are broader in
scope than the Federal program and which are not, therefore, part of
the approved program being codified in this document. Provisions that
are broader in scope cannot be enforced by EPA; the State, however,
will continue to implement and enforce such provisions under State law.
III. Statutory and Executive Order Reviews
This action only applies to Vermont's UST Program requirements
pursuant to RCRA section 9004 and imposes no requirements other than
those imposed by State law. It complies with applicable Executive
Orders (EOs) and statutory provisions as follows:
A. Executive Order 12866: Regulatory Planning and Review; Executive
Order 13563: Improving Regulation and Regulatory Review
The Office of Management and Budget (OMB) has exempted this action
from the requirements of Executive Orders 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 a regulatory action subject to Executive Order
13771 (82 FR 9339, February 3, 2017) because actions such as this final
approval of Vermont'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). As discussed above, EPA is not acting on approval to operate the
State's UST program as it applies to Tribal lands in the State.
Therefore, this action also does not significantly or uniquely affect
the communities of Tribal governments, as specified by Executive Order
13175 (65 FR 67249, November 9, 2000).
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: Services 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
[[Page 42081]]
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 September 12, 2022 because it is a direct
final rule.
Authority: This rule is issued under the authority of sections
2002(a), 7004(b), and 9004 of the Solid Waste Disposal Act, as
amended, 42 U.S.C. 6912, 6991c, 6991d, and 6991e.
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, Penalties,
Petroleum, Reporting and recordkeeping requirements, Surety bonds,
Underground storage tanks, Water supply.
David W. Cash,
Regional Administrator, EPA Region 1.
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. Amend Sec. 282.2 by revising the second sentence of paragraphs (b)
introductory text and paragraph (b)(1) to read as follows:
Sec. 282.2 Incorporation by reference.
* * * * *
(b) * * * For information on the availability of this material at
NARA, email: [email protected], or go to: www.archives.gov/federal-register/cfr/ibr-locations.html. * * *
(1) Region 1 (Connecticut, Maine, Massachusetts, New Hampshire,
Rhode Island, Vermont): 5 Post Office Square, 1st floor, Boston, MA
02109-3912; Phone Number: (617) 918-1303.
* * * * *
0
3. Revise Sec. 282.95 to read as follows:
Sec. 282.95 Vermont State-Administered Program.
(a) The State of Vermont 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 Vermont Department of Environmental Conservation
(VT DEC), was approved by EPA pursuant to 42 U.S.C. 6991c and 40 CFR
part 281. EPA approved the Vermont program on January 3, 1992, which
was effective on February 3, 1992.
(b) Vermont has primary responsibility for administering and
enforcing its federally approved underground storage tank program.
However, EPA retains the authority to exercise its inspection and
enforcement authorities under sections 9005 and 9006 of Subtitle I of
RCRA, 42 U.S.C. 6991d and 6991e, as well as under any other applicable
statutory and regulatory provisions.
(c) To retain program approval, Vermont must revise its approved
program to adopt new changes to the Federal Subtitle I program which
makes it more stringent, in accordance with section 9004 of RCRA, 42
U.S.C. 6991c and 40 CFR part 281, subpart E. If Vermont 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 notification of any change will be
published in the Federal Register.
(d) Vermont has final approval for the following elements of its
program application originally submitted to EPA and approved effective
February 3, 1992, and the program revision application approved by EPA,
effective on September 12, 2022.
(1) State statutes and regulations--(i) Incorporation by reference.
The material cited in this paragraph, and listed in Appendix A to this
part, is incorporated by reference as part of the underground storage
tank program under Subtitle I of RCRA, 42 U.S.C. 6991 et seq. (See
Sec. 282.2 for incorporation by reference approval and inspection
information.) You may obtain copies of the Vermont regulations and
statutes that are incorporated by reference in this paragraph from Ted
Unkles, UST Program Manager, Vermont Department of Environment
Conservation, 1 National Life Drive; Davis 1 Montpelier VT 05620-3704;
Phone number: 802-522-0488; [email protected]; Hours: Monday to
Friday, 8:00 a.m. to 4:30 p.m.; link to statutes and regulations:
https://legislature.vermont.gov/statutes/chapter/10/059; https://legislature.vermont.gov/statutes/chapter/10/159; https://dec.vermont.gov/sites/dec/files/wmp/UST/UST-Rules.pdf; https://dec.vermont.gov/sites/dec/files/wmp/Sites/0706.IRULE_.pdf.
(A) EPA-Approved Vermont Statutory and Regulatory Requirements
Applicable to the Underground Storage Tank Program, October 2021.
(B) [Reserved]
(ii) Legal basis. EPA evaluated the following statutes and
regulations which are part of the approved program, but they are not
being incorporated by reference for enforcement purposes, and do not
replace Federal authorities:
(A) The statutory provisions include:
(1) Title 10 Vermont Statutes Annotated, Chapter 201,
Administrative Environmental Law Enforcement; Sections 8001, 8002,
8003(a)(8) and (a)(12), 8004 through 8008, 8009 through 8016, 8019
through 8021.
(2) Title 10 Vermont Statutes Annotated, Chapter 59, Underground
and Aboveground Liquid Storage Tanks, Sections 1931 through 1935.
[[Page 42082]]
(3) Title 10 Vermont Statutes Annotated, Chapter 159, Waste
Management, Sections 6609, 6610a, and 6612, 6615c, 6615d.
(B) The regulatory provisions include:
(1) Code of Vermont Regulations, Chapter 20, Environmental
Administrative Penalty Rules.
(2) Code of Vermont Regulations, Chapter 25, Environmental
Citations.
(3) Code of Vermont Rules, 12-032-004. Chapter 8--Vermont
Underground Storage Tank Rules, Section 8-502(d).
(iii) Provisions not incorporated by reference. The following
specifically identified statutory and regulatory provisions applicable
to the Vermont's UST program are broader in scope than the Federal
program, are not part of the approved program, and are not incorporated
by reference in this section for enforcement purposes:
(A) Title 10 Vermont Statutes Annotated, Chapter 59, Underground
and Aboveground Liquid Storage Tanks, Subchapter 1: Underground Storage
Tank Regulation. Section 1925, Notice in land records; Section 1927.
Regulation of category one tanks, 1927(a), 1927(d); Section 1929.
Regulation of large heating oil tanks; Section 1929a. Standards for
aboveground storage tanks; Section 1929b. Regulation of heating oil
tanks at public buildings; Section 1930. Implementation; coordination,
Section 1930(b) and (c); Section 1936. Licensure of tank inspectors;
Subchapter 2: Underground Storage Tank Assistance Program. Sections
1938 through 1944; Title 10 Vermont Statutes Annotated, Chapter 159,
Waste Management, Subchapter 1: General Provisions, except Sections
6601, 6602(16)(A)(i), (ii) and (iv), 6615, 6615a, 6615b, 6616, and
6617.
(B) Code of Vermont Rules, 12-032-004. Chapter 8--Vermont
Underground Storage Tank Rules, Subchapter 1: General Provisions,
Section 8-102. Purpose and Applicability, as it applies to ``install,
remove, repair, or test;'' Section 8-103. Release Prohibition,
Reporting, Emergency Response, the wording in 8-103(b), ``owner of the
land on which the underground storage tank system is located,
transporter of fuel, etc.'' as it applies to any person being
responsible for immediately reporting a release, and 8-103(g); Section
8-106. Fees; Section 8-107. Severability; Section 8-108. Variances;
Section 8-109. Transfer of Ownership, Operation; Permits, Notification
of Rules, Section 8-109(a); Subchapter 3: Registration (Notification),
Permits, and Operator Training, Section 8-301. Applicability, 8-
301(a)(1)(A), (a)(1)(B), (a)(2)(B), 8-301(b)(2), 8-301(c); Section 8-
302. Registration, 8-302(a)(1)(C) and 8-302(c); Section 8-303, Permits
for Category One Underground Storage Tank Systems, except 8-303(f);
Section 8-304. Recording Underground Storage Tank Systems in Municipal
Land Records; Subchapter 4: Design, Manufacturing, And Installation
Standards for Underground Storage Tank Systems, Section 8-402.
Prohibitions, 8-402(a) and (b); Section 8-405. Piping Standards, 8-
405(b), (d)(2), and (e); Section 8-406. Spill Containment & Overfill
Prevention Measures and Equipment, 8-406(c) and (d); Section 8-407.
Scheduling Installations of Underground Storage Tank Systems, 8-
407(a)(1); Subchapter 5: Operating Standards for Underground Storage
Tanks, Section 8-503. Spill and Overfill Prevention; Monitoring of
Deliveries, 8-503(a) and (b); Section 8-506. Release Detection
Requirements for Tanks, 8-506(c)(1)(F); Section 8-508. Underground
Storage Tank System Repairs, 8-508(c)(9)(B), (C) and (D); 8-508(g);
Section 8-511. Testing of Sumps, Spill Containment, and Overfill
Prevention Devices, 8-511(c); Subchapter 6: Out-Of-Service, Continued
Use, And Closure Standards for Underground Storage Tank Systems,
Section 8-601. Applicability, 8-601(c) and (d); Section 8-604. Closure
of Underground Storage Tank Systems, the words ``or three'' in 8-604(g)
as it applies to category three systems, 8-604(h)(3), and 8-604(i),
with respect to the Secretary's issuance of an amended permit; Code of
Vermont Rules 12-032-008. Chapter 35--Investigation and Remediation of
Contaminated Properties Rule, Subchapter 1: General Provisions, Section
35-103. Severability; Section 35-107. Historical Fill Exemption;
Subchapter 5: Response Actions; Releases of Heating Fuels; Subchapter
8: Contaminated Soil, Section 35-805. Development Soils; Subchapter 11.
Requests for Reimbursement for Municipal Water Line Extensions from the
Petroleum Cleanup or Environmental Contingency Funds; and other
provisions of Chapter 35, insofar as they do not relate to underground
storage tanks and with respect to underground storage tanks insofar as
they are broader in scope than the federal requirements.
(2) Statement of legal authority. The Attorney General's
Statements, signed by the Attorney General of Vermont on April 11,
1991, and October 30, 2020, though not incorporated by reference, are
referenced as part of the approved underground storage tank program
under Subtitle I of RCRA, 42 U.S.C. 6991 et seq.
(3) Demonstration of procedures for adequate enforcement. The
``Demonstration of Procedures for Adequate Enforcement'' submitted as
part of the original application in May 1991, and as part of the
program revision application for approval on December 22, 2020, though
not incorporated by reference, is referenced as part of the approved
underground storage tank program under Subtitle I of RCRA, 42 U.S.C.
6991 et seq.
(4) Program description. The program description and any other
material submitted as part of the original application in May 1991, and
as part of the program revision application on December 22, 2020,
though not incorporated by reference, are referenced as part of the
approved underground storage tank program under Subtitle I of RCRA, 42
U.S.C. 6991 et seq.
(5) Memorandum of Agreement. The Memorandum of Agreement between
EPA Region 1 and the Vermont Department of Environmental Conservation,
signed by the EPA Regional Administrator on October 10, 2018, though
not incorporated by reference, is referenced as part of the approved
underground storage tank program under Subtitle I of RCRA, 42 U.S.C.
6991 et seq.
0
4. Appendix A to part 282 is amended by revising the entry for Vermont
to read as follows:
Appendix A to Part 282--State Requirements Incorporated by Reference in
Part 282 of the Code of Federal Regulations
* * * * *
Vermont
(a) The statutory provisions include:
1. Title 10 Vermont Statutes Annotated, Chapter 59, Underground and
Aboveground Liquid Storage Tanks
Section 1921. Purpose; Section 1922. Definitions; Section 1923.
Notice of new or existing underground storage tanks; Section 1924.
Integrity report; Section 1926. Unused and abandoned tanks; Section
1927. Regulation of category one tanks, except (a) and (d); Section
1928. Regulation of farm and residential large motor fuel tanks;
Section 1930. Implementation; coordination, except (b) and (c).
2. Title 10 Vermont Statutes Annotated, Chapter 159, Waste
Management
Section 6602. Definitions, 6602(1), (6), (16)(A)(i), (ii) and
(iv), (17), (23), (34); Section 6615. Liability, 6615(g); Section
6615a. Diligent and appropriate investigation for hazardous
materials; Section 6615b. Corrective action procedures; Section
6616. Release prohibition; Section 6617. Person responsible for
release; notice to Agency.
(b) The regulatory provisions include:
[[Page 42083]]
1. Code of Vermont Rules 12-032-004. CHAPTER 8--Vermont Underground
Storage Tank Rules (Effective October 26, 2020)
Subchapter 1: General Provisions, Section 8-101. Authority;
Section 8-102. Purpose and Applicability, except ``install, remove,
repair, or test''; Section 8-103. Release Prohibition, Reporting,
Emergency Response, except (b) ``owner of the land on which the
underground storage tank system is located, transporter of fuel,
etc.'' and (g); Section 8-104. Signatories to Permits and Reports;
Section 8-105. Incorporation by Reference; Section 8-109. Transfer
of Ownership, Operation; Permits, Notification of Rules, Section 8-
109(b); Subchapter 2: Definitions; Subchapter 3: Registration
(Notification), Permits, And Operator Training, Section 8-301.
Applicability, 8-301(a)(1)(C) and (D); 8-301(a)(2)(A), (C), and (D);
8-301(b)(1), (b)(3) and (b)(4); Section 8-302. Registration, except
8-302(a)(1)(C) and 8-302(c); Section 8-303. Permits for Category One
Underground Storage Tank Systems, 8-303(f); Section 8-305. Financial
Responsibility Requirements; Section 8-306. Change-in-Service;
Section 8-307. Operator Training Requirements; Section 8-308.
Approval of Operator Training Test; Subchapter 4: Design,
Manufacturing, and Installation Standards for Underground Storage
Tank Systems, Section 8-402. Prohibitions, 8-402(c), (d) and (e);
Section 8-403. General Requirements; Section 8-404. Tank
Installation Standards; Section 8-405. Piping Standards, except 8-
405(b), (d)(2), and (e); Section 8-406. Spill Containment & Overfill
Prevention Measures and Equipment, except 8-406(c) and (d); Section
8-407. Scheduling Installations of Underground Storage Tank Systems,
except 8-407(a)(1); Section 8-408. Reuse of Tanks; Section 8-409
Underground Storage Tank Systems Located at Marinas; Section 8-410.
Field Constructed Tanks and Airport Hydrant Systems; Subchapter 5:
Operating Standards for Underground Storage Tanks, Section 8-501.
Applicability; Section 8-502. General and Recordkeeping
Requirements; Section 8-503. Spill and Overfill Prevention;
Monitoring of Deliveries, except 8-503(a) and (b); Section 8-504.
Cathodic Protection Systems; Section 8-505. General Requirements for
Release Detection; Section 8-506. Release Detection Requirements for
Tanks, except 8-506(c)(1)(F); Section 8-507. Release Detection
Requirements for Piping, Sumps, and Spill Containment; Section 8-
508. Underground Storage Tank System Repairs, except 8-508(c)(9)(B),
(C), and (D), and 8-508(g); Section 8-509. Periodic Inspections and
Self-Certifications; Section 8-510. Unstaffed Facilities; Section 8-
511. Testing of Sumps, Spill Containment, and Overfill Prevention
Devices, except 8-511(c); Section 8-512. Field Constructed Tanks and
Airport Hydrant Systems; Subchapter 6: Out-Of-Service, Continued
Use, And Closure Standards for Underground Storage Tank Systems,
Section 8-601. Applicability, except 8-601(c) and (d); Section 8-
602. Out-of-Service Underground Storage Tank Systems; Section 8-603.
Continued Use of Underground Storage Tank Systems; Section 8-604:
Closure of Underground Storage Tank Systems, except the words ``or
three'' in 8-604(g), 8-604(h)(3), and 8-604(i) with respect to the
Secretary's issuance of an amended permit; Section 8-605. Release
Assessment at the Time of Closure or a Change-In-Service; and 8-606.
Closure Records.
2. Code of Vermont Rules 12-032-008. Chapter 35--Investigation
and Remediation of Contaminated Properties Rule (Effective July 6,
2019) only insofar as they pertain to the regulation of underground
storage tanks in Vermont and only insofar as they are incorporated
by reference and are not broader in scope than the federal
requirements.
Subchapter 1. General Provisions, except Section 35-103,
Severability, and Section 35-107, Historical Fill Exemption;
Subchapter 2. Definitions; Subchapter 3. Site Investigation;
Subchapter 4. Data Evaluations; Subchapter 6. Corrective Action;
Subchapter 7. Long Term Monitoring; Subchapter 8. Contaminated Soil,
except Section 35-805. Development Soils ; Subchapter 9.
Institutional Controls; Subchapter 10. Site Closure.
* * * * *
[FR Doc. 2022-14981 Filed 7-13-22; 8:45 am]
BILLING CODE 6560-50-P