Overview
Title
Nebraska: Final Approval of State Underground Storage Tank Program Revisions, Codification, and Incorporation by Reference
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ELI5 AI
The EPA has said yes to Nebraska’s new rules about how people keep gas tanks underground, making sure they’re just as safe as the country's main rules. If nobody complains by January 8, these rules will be used starting February 7 next year, but if someone finds a problem, they will look at it again.
Summary AI
The Environmental Protection Agency (EPA) has approved revisions to Nebraska's Underground Storage Tank (UST) program under the Resource Conservation and Recovery Act. These revisions ensure that Nebraska's program remains as strict as federal standards and will now be federally enforceable, though they don't add new requirements for the state's regulated community. The approval process involved Nebraska submitting a comprehensive application detailing its program and enforcement mechanisms. The revised program will become effective on February 7, 2025, unless adverse comments are submitted by January 8, 2025. If any opposing comments are received, the EPA may withdraw the rule to address those concerns.
Abstract
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 Nebraska's Underground Storage Tank (UST) program submitted by the Nebraska State Marshal (NSFM). This action also codifies EPA's approval of Nebraska'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 the RCRA and other applicable statutory and regulatory provisions.
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AnalysisAI
Summary of the Document
The Environmental Protection Agency (EPA) has granted approval for updates to Nebraska's Underground Storage Tank (UST) program, ensuring it aligns with federal requirements under the Resource Conservation and Recovery Act (RCRA). These revisions are aimed at maintaining the strictness of both state and federal standards without imposing new obligations on local businesses that are already complying with existing state regulations. The revised program, submitted by the Nebraska State Marshal, includes detailed enforcement structures and procedures. This action will become federally enforceable on February 7, 2025, unless the EPA receives significant objections by January 8, 2025. Should any adverse comments be submitted, the EPA may retract the rule to address the issues raised.
Issues and Concerns
The document is dense and technical, containing numerous citations to specific Nebraska Revised Statutes and Administrative Codes without providing summaries or contexts, which could lead to confusion. The designation of some provisions as "broader in scope" than federal laws means they are not federally enforceable, further complicating the understanding of which elements truly hold federal power. Also, several ancillary documents are referenced but not incorporated, potentially muddling clarity regarding enforcement.
While the economic impact on small businesses is acknowledged as negligible, the document provides limited evidence or analysis to corroborate this assertion. This lack of detail might lead to skepticism about whether all economic implications were comprehensively considered.
Impact on the General Public and Stakeholders
For the general public, this document signifies an administrative update rather than a major policy shift. Those in Nebraska who own or operate underground storage tanks may experience relief knowing there are no new state-level regulations they need to comply with. However, the intricacy of the document can obscure the understanding of how these regulatory changes impact them directly.
Specific stakeholders, such as state agencies and environmental groups, might view these changes positively as they provide a federally recognized framework for enforcing environmental standards. For local businesses, particularly small entities, the assurance of consistency across state and federal regulations can simplify compliance processes, although concerns about the actual economic impact remain somewhat unexplored.
Overall, while the EPA's decision supports regulatory uniformity, the document itself presents a challenge in terms of accessibility and clarity for those it affects. Efforts to enhance transparency and better communicate the distinctions between state and federal enforceable actions could improve stakeholder engagement and public understanding.
Issues
• The document is lengthy and complex, which may make it difficult for the general public and stakeholders to fully understand the implications of the regulatory changes.
• The document contains numerous references to specific Nebraska Revised Statutes and Nebraska Administrative Code titles without providing full context or summaries, which may create confusion for readers unfamiliar with these specific laws and regulations.
• Certain provisions are noted as 'broader in scope' than federal regulations and are therefore not federally enforceable; this distinction could be confusing to some readers and may need better clarification.
• The document repeatedly refers to other documents and materials that are ‘not incorporated by reference’ but are still part of the approved program, which might cause ambiguity in understanding what is actually enforceable at the federal level.
• There is a potential lack of clarity regarding the procedures for public comment and the process that will follow if adverse comments are received, which could be better detailed.
• The economic impact on small businesses and other entities is mentioned as not significant, but there is little detail provided to support this claim, which might raise concerns about the comprehensiveness of the analysis.