Why It Matters
The direct final rule the Environmental Protection Agency (EPA) published Oct. 22 codifies its approval of Nevada's revised underground storage tank program in the Code of Federal Regulations and incorporates specified Nevada statutes and regulations by reference.
Nevada's revised underground storage tank (UST) program has been operating under EPA approval since Nov. 29, 2021. The rule replaces the existing text of 40 C.F.R. § 282.78, which has reflected only Nevada's original 1992 program approval since it was last codified on July 17, 1998. EPA says the action's purpose is "to substantially enhance the public's ability to discern the status of the approved State UST programs and State requirements that can be federally enforced," and states it "does not impose additional requirements other than those imposed by Nevada law."
The Big Picture
The existing CFR text of § 282.78 records only the 1992 program approval and lists EPA's retained authority as inspection and enforcement under the Resource Conservation and Recovery Act (RCRA) sections 9005 and 9006. The new text adds the 2021 program revision and expressly includes corrective action under RCRA section 9003(h), recognizing an additional authority EPA already holds by statute, but that has not appeared in the codified state-program entry.
The rule also creates a new Nevada entry in Appendix A to 40 C.F.R. Part 282, enumerating by section number the specific Nevada Administrative Code (NAC) provisions — drawn from NAC Chapter 445A (Water Controls) and NAC Chapter 459 (Hazardous Materials) — that EPA can federally enforce. Nevada provisions that are "broader in scope" than the federal program, including the state's petroleum cleanup fund under Nevada Revised Statutes Chapter 445C and state-only fee provisions, are listed separately and remain outside the federally approved program; Nevada continues to enforce those under state law.
EPA certifies that the action does not have a significant economic impact on a substantial number of small entities and that it carries no new costs, savings, or transfers attributable to this rule.
The Law Now and After
Currently, § 282.78 reads, in part: "EPA approved the Nevada program on December 24, 1992 and it was effective March 30, 1993," with no mention of any subsequent revision, and lists EPA's retained authority as "inspection and enforcement authorities under sections 9005 and 9006."
The revised § 282.78(a) records that "a subsequent program revision received final approval from the EPA on September 30, 2021, and became effective on November 29, 2021," and § 282.78(b) states that EPA retains "corrective action, inspection, and enforcement authorities under sections 9003(h), 9005, and 9006."
The revised section references four program documents as part of the approved program without incorporating them by reference: an Attorney General's Statement signed Nov. 2, 2018; a Demonstration of Adequate Enforcement Procedures submitted Nov. 20, 2018; a Program Description dated November 2018 and amended July 2021; and a Memorandum of Agreement signed by the EPA regional administrator on April 3, 2019.
The underlying Nevada regulations incorporated by reference are drawn from a document titled "Nevada Regulatory Requirements Applicable to the Underground Storage Tank Program," dated July 29, 2021.
The Bottom Line
This is a direct final rule: It takes effect Dec. 21 unless EPA receives adverse comment by Nov. 23, in which case EPA will publish a withdrawal in the Federal Register. Comments may be submitted at regulations.gov under docket ID EPA-R09-UST-2025-0703. Comments must be submitted by the deadline.
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