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(a) History of the approval of Alabama's Program. The State of Alabama (Alabama or State) is approved to administer and enforce an underground storage tank (UST) 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 Underground Storage Tank Program (UST Program), as administered by the Alabama Department of Environmental Management (ADEM), was approved by EPA pursuant to 42 U.S.C. 6991c and part 281 of this chapter. The EPA approved the Alabama UST Program on January 24, 1997 and it was effective on March 25, 1997. A subsequent program revision was approved by EPA and became effective November 15, 2021.
(b) Enforcement authority. Alabama has primary responsibility for administering and enforcing its federally approved UST Program. However, EPA retains the authority to exercise its corrective action, inspection, and enforcement authorities under sections 9003(h), 9005, and 9006 of subtitle I of RCRA, 42 U.S.C. 6991b(h), 6991d, and 6991e, as well as under any other applicable statutory and regulatory provisions.
(c) Retention of program approval. To retain program approval, Alabama must revise its approved UST 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 Alabama obtains approval for revised requirements pursuant to section 9004 of RCRA, 42 U.S.C. 6991c, the newly approved statutory and regulatory provisions will be added to this subpart and notice of any change will be published in the Federal Register.
(d) Final approval. Alabama has final approval for the following elements of its UST Program submitted to EPA and approved effective March 25, 1997, and the program revisions approved by EPA effective on November 15, 2021:
(1) State statutes and regulations—(i) Incorporation by reference. The Alabama materials cited in this paragraph (d)(1)(i) and listed in appendix A to this part, are incorporated by reference as part of the UST 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 access copies of the Alabama statutes that are incorporated by reference in this paragraph (d)(1)(i) from the Alabama Legislative Services Agency, Alabama State House, Suite 613, 11 South Union Street, Montgomery, Alabama 36110-2400; Phone number: (334) 271-7700; website: http://lsa.state.al.us. You may access copies of the regulations that are incorporated by reference at the following website http://www.alabamaadministrativecode.state.al.us. You may inspect all approved material at EPA Region 4, 61 Forsyth Street SW, Atlanta, Georgia 30303; Phone number: (404) 562-9900; or the National Archives and Records Administration (NARA), email: fedreg.legal@nara.gov, website: https://www.archives.gov/federal-register/cfr/ibr-locations.html.
(A) “Alabama Statutory Requirements Applicable to the Underground Storage Tank Program,” dated March 21, 2021.
(B) “Alabama Regulatory Requirements Applicable to the Underground Storage Tank Program,” dated March 21, 2021.
(ii) Legal basis. EPA considered the following statutes and regulations which provide the legal basis for the State's implementation of the UST Program, but they are not being incorporated by reference and do not replace Federal authorities, unless the provisions place requirements on regulated entities:
(A) Alabama Underground Storage Tank and Wellhead Protection Act of 1988, Ala. Code sections 22-36-1 to 22-36-10 (1988):
(1) Section 22-36-3—Rules and regulations governing underground storage tanks. Insofar as it provides specific authorities enabling compliance monitoring and enforcement response.
(2) Section 22-36-4—Information to be furnished by owner upon request of department; owner to permit access to records and entry and inspection of facilities. Insofar as it provides specific authorities enabling compliance monitoring.
(3) Section 22-36-6(b) and (c)—Expenditure of funds from Leaking Underground Storage Tank Trust Fund; investigative and corrective powers in regard to administration of funds; liability of owner or operator for costs. Insofar as it provides specific authorities enabling compliance monitoring.
(4) Section 22-36-8—Availability to public of records, reports, or information obtained under chapter. Insofar as it provides specific authorities enabling public participation and the sharing of information.
(5) Section 22-36-9—Penalties. Insofar as it provides specific authorities enabling enforcement response.
(B) Alabama Underground Storage Tank Control Regulations, Ala. Admin. Code r. 335-6-15-.01 to 335-6-15-.49 (2017):
(1) Rule 335-6-15-.13—Reporting and Recordkeeping. Insofar as it provides specific authorities enabling compliance monitoring.
(2) Rule 335-6-15-.19—Release Reporting and Recordkeeping. Insofar as it provides specific authorities enabling compliance monitoring.
(3) Rule 335-6-15-.31—Public Participation. Insofar as it identifies specific authorities enabling public participation.
(4) Rule 335-6-15-.39—Availability To Public of Records, Reports or Information. Insofar as it provides specific authorities enabling the sharing of information.
(5) Rule 335-6-15-.40—Access To Records. Insofar as it provides specific authorities enabling compliance monitoring.
(6) Rule 335-6-15-.41—Entry and Inspection Of Facilities. Insofar as it provides specific authorities enabling compliance monitoring.
(7) Rule 335-6-15-.45—Delivery Prohibition. Insofar as it identifies specific authorities enabling enforcement response.
(C) Ala. Code section 22-22A-5(19)—Powers and functions of Department; representation of Department by Attorney General in legal actions. Insofar as it provides specific authorities enabling enforcement and public participation.
(D) Alabama Rules of Civil Procedure, Rule 24(a)—Intervention. Insofar as it provides for public participation in the State enforcement process.
(iii) Other provisions not incorporated by reference. The following statutory and regulatory provisions applicable to the Alabama UST Program are broader in scope than the Federal program or external to the state UST program approval requirements. Therefore, these provisions are not part of the approved UST Program and are not incorporated by reference herein:
(A) Alabama Underground Storage Tank and Wellhead Protection Act of 1988, Ala. Code sections 22-36-1 to 22-36-10 (1988):
(1) Section 22-36-5, insofar as it requires the collection of an underground storage tank fee.
(2) Section 22-36-6(a) is external insofar as it pertains to ADEM's implementation of the Leaking Underground Storage Tank Trust Fund.
(3) Section 22-36-7 is external insofar as it provides authority for the promulgation of regulations to establish and protect wellhead areas.
(4) Section 22-36-10 is external insofar as it places requirements on the promulgation of rules and regulations to be adopted by ADEM.
(B) Alabama Underground Storage Tank Control Regulations, Ala. Admin. Code r. 335-6-15-.01 to 335-6-15-.49 (2017):
(1) Rule 335-6-15-.01 is external insofar as it contains the State's public policy for regulating underground storage tanks.
(2) Rule 335-6-15-.32, insofar as it specifies analytical methods for soil and groundwater sampling.
(3) Rule 335-6-15-.38 is external insofar as it provides specific authority for ADEM to require an owner or operator to provide an alternate or temporary drinking water source.
(4) Rule 335-6-15-.42, insofar as it requires owners of underground storage tanks to pay an annual fee.
(5) Rule 335-6-15-.44 is external insofar as it is a reserved provision.
(6) Rule 335-6-15-.47, insofar as it imposes certification requirements on individuals who supervise installation, closure, and repair of underground storage tanks.
(7) Rule 335-6-15-.49 is external insofar as it relates to the severability of the underground storage tank requirements.
(C) Alabama Underground and Aboveground Storage Tank Trust Fund Act, Code of Alabama, Ala. Code sections 22-35-1 to 22-35-13 (1988). Insofar as it establishes procedures for administration of the Alabama Underground and Aboveground Storage Tank Trust Fund for purposes of paying response actions and third-party claims.
(D) Alabama Underground and Aboveground Storage Tank Trust Fund Regulations, Ala. Admin. Code r. 335-6-16-.01 to 335-6-16-.20 (2015). Insofar it establishes procedures for determining eligibility for disbursements from the Alabama Underground and Aboveground Storage Tank Trust Fund for paying response actions and third-party claims.
(2) Statement of legal authority. The Attorney General's Statement, signed by the Alabama Attorney General on April 16, 2018, though not incorporated by reference, is referenced as part of the approved underground storage tank program under subtitle I of RCRA, 42 U.S.C. 6991 et seq.
(3) Demonstration of procedures for adequate enforcement. The “Demonstration of Adequate Enforcement Procedures” submitted as part of the application 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.
(4) Program description. The program description and any other material submitted as part of the application on October 10, 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 4 and ADEM, signed by the EPA Regional Administrator on October 12, 2018, though not incorporated by reference, is referenced as part of the approved underground storage tank program under subtitle I of RCRA, 42 U.S.C. 6991 et seq.
[62 FR 3614, Jan. 24, 1997; 86 FR 51007, Sept. 14, 2021]