Overview
Title
Nebraska: Final Approval of State Underground Storage Tank Program Revisions, Codification, and Incorporation by Reference
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The EPA wants to change some rules about big tanks underground in Nebraska to make sure they are safe. They are asking people to share their thoughts about this by January 8, 2025, but they have to be careful not to share any secret business information by mistake.
Summary AI
The Environmental Protection Agency (EPA) is proposing revisions to Nebraska's Underground Storage Tank (UST) program. The changes were submitted by the Nebraska State Fire Marshal and are said to meet all the necessary requirements for program approval. The EPA plans to codify and incorporate these approved state regulations by reference, and they will be subject to EPA's inspection and enforcement under federal laws. Public comments on this proposal are invited, with a deadline for submissions by January 8, 2025.
Abstract
Pursuant to the Resource Conservation and Recovery Act (RCRA or Act), the Environmental Protection Agency (EPA) is proposing to approve revisions to the State of Nebraska's Underground Storage Tank (UST) program submitted by the Nebraska State Fire Marshal (NSFM). This action is based on the EPA's determination that these revisions satisfy all requirements needed for program approval. This action also proposes to codify EPA's approval of Nebraska's State program and incorporate 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 the RCRA and other applicable statutory and regulatory provisions.
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General Summary
The Environmental Protection Agency (EPA) is considering approving updates to Nebraska’s regulations on underground storage tanks, based on changes submitted by the Nebraska State Fire Marshal. These updates are intended to ensure that Nebraska's regulations meet specific federal standards set out under the Resource Conservation and Recovery Act (RCRA). If the EPA approves these changes, they will become part of the official legal framework enforced by the EPA. The public has the opportunity to comment on these proposed changes until January 8, 2025.
Significant Issues or Concerns
One significant issue involves the way comments can be submitted. The document suggests that personal information should not be submitted with comments if it is considered Confidential Business Information (CBI). There is potential for confusion here; if not clearly understood, individuals might accidentally disclose sensitive information. Additionally, while contact information is provided for obtaining further information, there is an apparent error in the physical address, which is incomplete and may cause confusion.
Furthermore, the instructions for submitting comments through the federal eRulmaking portal, regulations.gov, emphasize the anonymity of submissions. Yet, they caution that email addresses will be included as part of the comment if submitted directly to the EPA by email. This could mislead individuals about their privacy.
The document also mentions regulatory provisions under the RCRA without explaining them in detail. This may lead to confusion among stakeholders who need to understand how these provisions affect the proposed changes.
Impact on the Public
Broadly, the proposed changes aim to maintain environmental integrity by ensuring that underground storage tanks in Nebraska continue to meet specific safety standards. This could result in improved environmental protection, benefiting the general public by reducing risks associated with leaks and spills from such tanks. However, the complex legal language and process for submitting feedback may limit public engagement, particularly from those unfamiliar with federal regulations.
Impact on Specific Stakeholders
The proposed rule may have various effects on different groups. Regulatory approval would mean that businesses in Nebraska using underground storage tanks must adhere to the updated standards, which could require adjustments to current practices. This might incur costs for business owners as they ensure compliance with the new regulations.
For environmental advocacy groups, the proposed updates may be seen as a positive step towards stronger environmental protection measures, encouraging greater involvement in procedural feedback. On the other hand, stakeholders involved in oil and chemical storage might view the changes as regulatory burdens, prompting them to voice concerns during the comment period.
Overall, while the proposed revisions could enhance environmental safeguards, the complexity and potential misunderstanding of the commentary process might hinder comprehensive public and stakeholder engagement.
Issues
• The document mentions the submission of comments by email, but it warns against submitting information considered to be Confidential Business Information (CBI). This could lead to confusion or accidental disclosure if not clearly understood by the commenter.
• The document provides a phone number and email for Marie Blankenship as a point of contact for further information, but the physical address provided is cut off ('Lenexa, Kansas 6'), which may cause confusion.
• Instructions for submitting comments via https://www.regulations.gov are detailed, yet the recurring note about anonymity might lead to misunderstandings about privacy and information handling.
• There is a mention of specific statutory and regulatory provisions without detailing what these might entail or referencing them in accordance with how they affect the proposed changes. This could cause ambiguity for stakeholders trying to understand the full implications.
• The document uses advanced legal terminology related to the RCRA, UST program, and incorporation by reference, which may not be easily understood by those unfamiliar with such federal regulations. This could limit the ability of the general public to provide informed comments.