Nevada: Codification and Incorporation by Reference of Approved Underground Storage Tank Program

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This regulatory rule addresses the formal codification of Nevada's Underground Storage Tank Program, which received final EPA approval on September 30, 2021. Codification means the EPA is officially entering the approval into the Code of Federal Regulations, creating a clear legal record that Nevada's program satisfies the federal requirements established under Subtitle I of the Resource Conservation and Recovery Act (RCRA). The legal basis for this action is RCRA, which allows states to seek approval to administer their own UST programs in place of the federal program. Once a state program is approved, the EPA retains oversight authority but defers day-to-day enforcement to the state. By incorporating Nevada's statutes and regulations by reference, the EPA is signaling that those specific state provisions are the operative legal standards for UST compliance in Nevada. Underground storage tanks primarily hold petroleum products such as gasoline and diesel fuel, and they are commonly found at gas stations, commercial facilities, and industrial sites. Leaking USTs are a significant source of groundwater and soil contamination, so proper regulatory oversight is important for public health and environmental protection in Nevada communities. This action is largely procedural in nature. Nevada's program was already approved and operating before this codification. The direct final rule process used here is typically reserved for actions the EPA considers non-controversial, meaning the agency does not anticipate significant opposition. If adverse comments are received, the EPA would withdraw the direct final rule and proceed through standard notice-and-comment rulemaking. The primary parties affected include UST owners and operators in Nevada, state environmental regulators, and communities near facilities with underground tanks. Nevada businesses and facilities with USTs will continue to report to and be inspected by state authorities rather than federal EPA inspectors, consistent with the approved state program structure.

AS PUBLISHED

On September 30, 2021, the State of Nevada (Nevada) received final approval, from the Environmental Protection Agency (EPA), of revisions to its Underground Storage Tank Program (UST Program) under subtitle I of the Resource Conservation and Recovery Act (RCRA). Pursuant to RCRA, the EPA is taking direct final action to codify the approval of Nevada's revised UST Program and incorporate by reference those provisions of Nevada's statutes and regulations that the EPA has determined meet the requirements for approval.

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