Federal regulators have published a direct final rule codifying approval of Nevada’s revised underground storage tank program in the Code of Federal Regulations.
The U.S. Environmental Protection Agency published a direct final rule on Oct. 22 codifying its approval of Nevada’s revised underground storage tank program, Legis1 reported. The action brings federal code up to speed after a 28-year gap.
Replacing 1992 Code With 2021 Rules
This revision supersedes the previous language in 40 C.F.R. § 282.78, which had only shown Nevada’s initial 1992 program authorization since its last codification on July 17, 1998. Nevada’s revised underground storage tank program has actually been operating under EPA approval since Nov. 29, 2021.
The new text adds that 2021 program revision and explicitly includes corrective action under RCRA section 9003(h). This recognizes an additional authority the federal agency already holds by statute that previously failed to appear in the codified state-program entry.
EPA Enforces Specific Nevada Water and Hazardous Materials Provisions
The rule creates a new Nevada entry in Appendix A to 40 C.F.R. Part 282. It enumerates specific Nevada Administrative Code provisions drawn from NAC Chapter 445A for water controls and NAC Chapter 459 for hazardous materials that the EPA can federally enforce.
Nevada provisions broader in scope than the federal program remain outside the federally approved program. These include the state petroleum cleanup fund under Nevada Revised Statutes Chapter 445C and state-only fee provisions, which Nevada continues to enforce under state law.
Documents Governing the Approved Program
Four distinct program documents are cited within the updated section as components of the approved program, though they are not incorporated by reference. These comprise an Attorney General’s Statement signed Nov. 2, 2018, and a Demonstration of Adequate Enforcement Procedures submitted Nov. 20, 2018.
The documentation also includes a Program Description dated November 2018 and amended July 2021, alongside a Memorandum of Agreement signed by the EPA regional administrator on April 3, 2019. The underlying Nevada regulations incorporated by reference stem from a document titled “Nevada Regulatory Requirements Applicable to the Underground Storage Tank Program,” dated July 29, 2021.
Countdown to December 21 Implementation
The direct final rule takes effect Dec. 21 unless the EPA receives adverse comment by Nov. 23. An adverse comment will trigger a withdrawal notice published in the Federal Register.
Public comments must be submitted by the deadline under docket ID EPA-R09-UST-2025-0703 on regulations.gov.
