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Title 40Chapter ISubchapter I → Part 282


Title 40: Protection of Environment


PART 282—APPROVED UNDERGROUND STORAGE TANK PROGRAMS


Contents

Subpart A—General Provisions

§282.1   Purpose and scope.
§282.2   Incorporation by reference.
§§282.3-282.49   [Reserved]

Subpart B—Approved State Programs

§282.50   Alabama State-Administered Program.
§§282.51-282.52   [Reserved]
§282.53   Arkansas State-Administered Program.
§282.54   [Reserved]
§282.55   Colorado State-Administered Program.
§282.56   Connecticut State-Administered Program.
§§282.57-282.59   [Reserved]
§282.60   Georgia State-Administered Program.
§282.61   Hawaii State-Administered Program.
§282.62   Idaho State-Administered Program.
§§282.63-282.64   [Reserved]
§282.65   Iowa State-Administered Program.
§282.66   Kansas State-Administered Program.
§282.67   [Reserved]
§282.68   Louisiana State-Administered Program.
§282.69   Maine State-Administered Program.
§282.70   [Reserved]
§282.71   Massachusetts State-Administered Program.
§282.72   [Reserved]
§282.73   Minnesota State-Administered Program.
§282.74   Mississippi State-Administered Program.
§282.75   [Reserved]
§282.76   Montana State-Administered Program.
§282.77   [Reserved]
§282.78   Nevada State-Administered Program.
§282.79   New Hampshire State-Administered Program.
§282.80   [Reserved]
§282.81   New Mexico State-Administered Program.
§282.82   [Reserved]
§282.83   North Carolina State-Administered Program.
§282.84   North Dakota State-Administered Program.
§282.85   [Reserved]
§282.86   Oklahoma State-Administered Program.
§282.87   Oregon State-Administered Program.
§282.88   Pennsylvania State-Administered Program.
§282.89   Rhode Island State-Administered Program.
§282.90   South Carolina State-Administered Program.
§282.91   South Dakota State-Administered Program.
§282.92   Tennessee State-Administered Program.
§282.93   Texas State-Administered Program.
§282.94   Utah State-Administered Program.
§282.95   Vermont State-Administered Program.
§282.96   Virginia State-Administered Program.
§282.97   [Reserved]
§282.98   West Virginia State-Administered Program.
§§282.99-282.101   [Reserved]
§282.102   Puerto Rico State-Administered Program.
§§282.103-282.105   [Reserved]

   

Appendix A to Part 282—State Requirements Incorporated by Reference in Part 282 of the Code of Federal Regulations

Authority: 42 U.S.C. 6912, 6991c, 6991d, and 6991e.

Source: 58 FR 58625, Nov. 2, 1993, unless otherwise noted.

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Subpart A—General Provisions

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§282.1   Purpose and scope.

This part sets forth the applicable state underground storage tank programs under section 9004 of the Resource Conservation and Recovery Act (RCRA), 42 U.S.C. 6991c and 40 CFR part 281. “State” is defined in 42 U.S.C. 1004(31) as “any of the several states, the District of Columbia, the Commonwealth of Puerto Rico, the Virgin Islands, Guam, American Samoa, and the Commonwealth of the Northern Mariana Islands.”

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§282.2   Incorporation by reference.

(a) Material listed as incorporated by reference in part 282 was approved for incorporation by reference by the Director of the Federal Register in accordance with 5 U.S.C. 552(a) and 1 CFR part 51. Material is incorporated as it exists on the date of the approval, and notice of any change in the material will be published in the Federal Register.

(b) Copies of materials incorporated by reference may be inspected at the National Archives and Records Administration (NARA). For information on the availability of this material at NARA, call 202-741-6030, or go to: http://www.archives.gov/federal__register/code__of__federal__regulations/ibr__locations.html.\n. Copies of materials incorporated by reference may be obtained or inspected at the EPA UST Docket, located at 1235 Jefferson Davis Highway, First Floor , Arlington, VA 22202 (telephone number: 703-603-9231), or send mail to Mail Code 5305G, 1200 Pennsylvania Ave., NW., Washington, DC 20460, and at the library of the appropriate Regional Office listed below:

(1) Region 1 (Connecticut, Maine, Massachusetts, New Hampshire, Rhode Island, Vermont): 5 Post Office Square—Suite 100, Boston, MA 02109-3912.

(2) Region 2 (New Jersey, New York, Puerto Rico, Virgin Islands): Federal Office Building, 26 Federal Plaza, New York, NY 10278.

(3) Region 3 (Delaware, District of Columbia, Maryland, Pennsylvania, Virginia, West Virginia): 841 Chestnut St. Building, Philadelphia, PA 19107.

(4) Region 4 (Alabama, Florida, Georgia, Kentucky, Mississippi, North Carolina, South Carolina, Tennessee): 345 Courtland St., NE, Atlanta, GA 30365.

(5) Region 5 (Illinois, Indiana, Michigan, Minnesota, Ohio, Wisconsin): 77 West Jackson Boulevard, Chicago, IL 60604.

(6) Region 6 (Arkansas, Louisiana, New Mexico, Oklahoma, Texas): 1201 Elm Street, Suite 500, Dallas, Texas 75270-2102.

(7) Region 7 (Iowa, Kansas, Missouri, Nebraska); 11201 Renner Boulevard, Lenexa, Kansas 66219.

(8) Region 8 (Colorado, Montana, North Dakota, South Dakota, Utah, Wyoming): 999 18th Street, Denver, CO 80202-2405.

(9) Region 9 (Arizona, California, Hawaii, Nevada, Guam, American Samoa, Commonwealth of the Northern Mariana Islands): 75 Hawthorne Street, San Francisco, CA 94105.

(10) Region 10 (Alaska, Idaho, Oregon, Washington): 1200 Sixth Avenue, Seattle, WA 98101.

(c) For an informational listing of the state and local requirements incorporated in part 282, see appendix A to this part.

[58 FR 58625, Nov. 2, 1993, as amended at 69 FR 18803, Apr. 9, 2004; 76 FR 49674, Aug. 11, 2011; 78 FR 37978, June 25, 2013; 84 FR 44232, Aug. 23, 2019]

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§§282.3-282.49   [Reserved]

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Subpart B—Approved State Programs

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§282.50   Alabama State-Administered Program.

(a) The State of Alabama is approved to administer and enforce an underground storage tank 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 program, as administered by the Alabama Department of Environmental Management, was approved by EPA pursuant to 42 U.S.C. 6991c and part 281 of this Chapter. EPA published the notice for final determination on the approved Alabama underground storage tank program concurrently with this notice and it will be effective on March 25, 1997.

(b) Alabama has primary responsibility for enforcing its underground storage tank program. However, EPA retains the authority to exercise its inspection and enforcement authorities under sections 9005 and 9006 of subtitle I of RCRA, 42 U.S.C. 6991d and 6991e, as well as under other statutory and regulatory provisions.

(c) To retain program approval, Alabama must revise its approved 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 the 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) Alabama will have final approval for the following elements submitted to EPA in Alabama's program application for final approval and to be published in the Federal Register concurrently with this notice, and to be effective on March 25, 1997. Copies of Alabama's underground storage tank program may be obtained from the Ground Water Branch, Alabama Department of Environmental Management, 1751 W.L. Dickinson Drive, Montgomery, Alabama 36130.

(1) State statutes and regulations. (i) The provisions cited in this paragraph are incorporated by reference as part of the underground storage tank program under subtitle I of RCRA, 42 U.S.C. 6991 et seq.

(A) Alabama Statutory Requirements Applicable to the Underground Storage Tank Program, 1996.

(B) Alabama Regulatory Requirements Applicable to the Underground Storage Tank Program, 1996.

(ii) The following statutes and regulations are part of the approved state program, although not incorporated by reference herein for enforcement purposes.

(A) The statutory provisions include: Code of Alabama 1975, Title 22, Chapter 36, Section 9 and Code of Alabama 1975, Title 22, Chapter 22A, Section 5(19).

(B) The regulatory provisions include: none.

(iii) The following statutory and regulatory provisions are broader in scope than the federal program, are not part of the approved program, and are not incorporated by reference herein for enforcement purposes.

(A) Code of Alabama 1975, Title 22, Chapter 36, Section 5, insofar as it refers to underground storage tank regulation fees.

(B) Code of Alabama 1975, Title 22, Chapter 36, Section 7, insofar as it refers to rules and regulations to establish and protect wellhead areas from contaminants.

(C) Alabama Department of Environmental Management Administrative Code Section 335-6-15-.05, insofar as it requires notification of underground storage tank systems taken out of operation on or before January 1, 1974.

(D) Alabama Department of Environmental Management Adminstrative Code Section 335-6-15-.45, insofar as it requires underground storage tank regulation fees.

(E) Alabama Department of Environmental Management Adminstrative Code R. 335-6-15-.47, insofar as it refers to financial responsibility for hazardous substance underground storage tank systems.

(2) Statement of legal authority. (i) “Attorney General's Statement for Final Approval”, signed by the Attorney General of Alabama on June 8, 1992, 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.

(ii) Letter from the Attorney General of Alabama to EPA, June 8, 1992, 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 Procedures for Adequate Enforcement” submitted as part of the final application in July 1994 and revised in March 1995, 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 final application in July 1994 and revised in March 1995, 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 the Alabama Department of Environmental Management, signed by the EPA, Regional Administrator on August 2, 1996, 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]

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§§282.51-282.52   [Reserved]

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§282.53   Arkansas State-Administered Program.

(a) The State of Arkansas is approved to administer and enforce an underground storage tank 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 program, as administered by the Arkansas Department of Pollution Control and Ecology, was approved by EPA pursuant to 42 U.S.C. 6991c and part 281 of this chapter. EPA approved the Arkansas program on February 14, 1995 and it was effective on April 25, 1995.

(b) Arkansas has primary responsibility for enforcing its underground storage tank program. However, EPA retains the authority to exercise its inspection and enforcement authorities under sections 9005 and 9006 of subtitle I of RCRA, 42 U.S.C. 6991d and 6991e, as well as under other statutory and regulatory provisions.

(c) To retain program approval, Arkansas must revise its approved 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 Arkansas obtains approval for the 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) Arkansas has final approval for the following elements submitted to EPA in Arkansas' program application for final approval and approved by EPA on February 14, 1995. Copies may be obtained from the Underground Storage Tank Program, Arkansas Department of Pollution Control and Ecology, 8001 National Drive, Little Rock, AR 72219-8913.

(1) State statutes and regulations. (i) The provisions cited in this paragraph are incorporated by reference as part of the underground storage tank program under subtitle I of RCRA, 42 U.S.C. 6991 et seq.

(A) Arkansas Statutory Requirements Applicable to the Underground Storage Tank Program, 1995.

(B) Arkansas Regulatory Requirements Applicable to the Underground Storage Tank Program, 1995.

(ii) The following statutes and regulations are part of the approved state program, although not incorporated by reference herein for enforcement purposes.

(A) The statutory provisions include:

(1) Arkansas Code Annotated, Title 8, Chapter 1, Subchapter 1—General Provisions:

(i) §8-1-107   Inspections—Definitions—Investigations—Inspection Warrant—Exceptions—Penalties

(2) Arkansas Code Annotated, Title 8, Chapter 4, Subchapter 1—General Provisions:

(i) §8-4-103   Criminal, Civil, and Administrative Penalties

(3) Arkansas Code Annotated, Title 8, Chapter 7, Subchapter 8—Regulated Substance Storage Tanks:

(i) §8-7-802   Department and commission—powers and duties

(ii) §8-7-806   Penalties

(iii) §8-7-809   Corrective actions—Orders of director

(B) The regulatory provisions include:

(1) Arkansas Department of Pollution Control and Ecology Regulation Number 12—Storage Tank Regulation:

(i) Chapter 2, Section 4: Access to Records

(ii) Chapter 2, Section 5: Entry and Inspection of Underground Storage Tank Facilities

(iii) Chapter 8, Section 1: Violations

(iv) Chapter 8, Section 2: Penalty Policy and Administrative Procedures

(iii) The following statutory and regulatory provisions are broader in scope than the federal program, are not part of the approved program, and are not incorporated by reference herein for enforcement purposes.

(A) Statutes.

(1) Arkansas Code Annotated, Title 8, Chapter 7, Subchapter 8—Regulated Substance Storage Tanks.

(i) §8-7-802   Department's Powers and Duties (Insofar as it applies to aboveground storage tanks.)

(ii) §8-7-805   License Requirement (Insofar as it applies to individuals other than UST owners and operators.)

(2) Arkansas Code Annotated, Title 8, Chapter 7, Subchapter 9—Petroleum Storage Tank Trust Fund Act.

(i) §8-7-903   Rules and Regulations—Powers of department (Insofar as (c) addresses aboveground storage tanks.)

(ii) Reserved.

(B) Regulations.

(1) Arkansas Department of Pollution Control and Ecology Regulation Number 12—Storage Tank Regulation.

(i) Chapter 2, Section 6: Entry and Inspection of Aboveground Storage Tank Facilities (Insofar as it applies to aboveground storage tanks.)

(ii) Chapter 3, Section 1: Underground and Aboveground Storage Tank Registration Fees (Insofar as it applies to aboveground storage tanks.)

(iii) Chapter 5: Licensing of Tank Installers and Service Personnel (Insofar as it applies to individuals other than UST system owners and operators.)

Section 1: Purpose

Section 2: Definitions

Section 3: Applicability

Section 4: General Requirements

Section 5: Contractor Licensing

Section 6: Individual Licensing

Section 7: Experience Requirements

Section 8: Written Examination

Section 9: Approval of Comparable Licensing Programs

Section 10: Reciprocity

Section 11: Denial of Licenses

Section 12: Renewal of Licenses

Section 13: Duties and Obligations

Section 14: Department Approval of Training and Continuing Education

Section 15: Complaints

Section 16: Investigations; Enforcement; Penalties

Section 17: Department Actions Against Licenses.

(iv) Chapter 6: Licensing of Tank Testers (Insofar as it applies to individuals other than UST system owners and operators.)

Section 1: Purpose

Section 2: Definitions

Section 3: Applicability

Section 4: General Requirements

Section 5: Company Licensing

Section 6: Individual Licensing

Section 7: Experience Requirements

Section 8: Approval of Comparable Licensing Programs

Section 9: Reciprocity

Section 10: Denial of Licenses

Section 11: Renewal of Licenses

Section 12: Duties and Obligations

Section 13: Department Approval of Training and Continuing Education

Section 14: Complaints

Section 15: Investigation; Enforcement; Penalties

Section 16: Department Actions Against Licenses

(2) Statement of legal authority. (i) “Attorney General's Statement for Final Approval”, signed by the Attorney General of Arkansas on September 21, 1994, 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.

(ii) Letter from the Attorney General of Arkansas to EPA, September 21, 1994, 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 Procedures for Adequate Enforcement” submitted as part of the original application on September 26, 1994, 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 original application on September 26, 1994, 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 6 and the Arkansas Department of Pollution Control and Ecology, signed by the EPA Regional Administrator on February 14, 1995, 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.

[61 FR 1214, Jan. 18, 1996]

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§282.54   [Reserved]

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§282.55   Colorado State-Administered Program.

(a) The State of Colorado is approved to administer and enforce an underground storage tank 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 program, as administered by the Colorado Department of Environmental Quality (DEQ), Division of Environmental Response and Remediation (DERR), was approved by EPA pursuant to 42 U.S.C. 6991c and part 281 of this chapter. EPA published the notice of final determination approving the Colorado underground storage tank base program effective on April 23, 2007. A subsequent program revision application was approved by EPA and became effective on July 19, 2019.

(b) Colorado has primary responsibility for administering and enforcing its federally approved underground storage tank 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) To retain program approval, Colorado must revise its approved 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 Colorado obtains approval for the 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) Colorado has final approval for the following elements of its program application originally submitted to the EPA and approved effective April 23, 2007, and the program revision application approved by the EPA effective on July 19, 2019:

(1) State statutes and regulations—(i) Incorporation by reference. The material cited in this paragraph (d)(1), and listed in appendix A to this part, is incorporated by reference as part of the underground storage tank program under Subtitle I of RCRA, 42 U.S.C. 6991 et seq. (See §282.2 for incorporation by reference approval and inspection information.) You may obtain copies of the Colorado regulations and statutes that are incorporated by reference in this paragraph (d)(1) from Colorado's Secretary of State, 1700 Broadway, Denver, CO 80290; Attn: Code of Colorado Regulations and Administrative Rules; Phone number: (303) 894-2200 ext. 6418; email: [email protected]; website: https://www.sos.state.co.us/CCR/Welcome.do.

(A) “EPA-Approved Colorado Statutory and Regulatory Requirements Applicable to the Underground Storage Tank Program” dated February 2019.

(B) [Reserved]

(ii) Legal basis. The EPA evaluated the following statutes and regulations which provide the legal basis for the State's implementation of the underground storage tank program, but they are not being incorporated by reference and do not replace Federal authorities:

(A) The statutory provisions include:

(1) Colorado Revised Statutes (2018), Title 8 Labor and Industry, Article 20 Fuel Products: Sections 8-20-102(1), 8-20-104 except 8-20-104(4)(b) and (7), 8-20-209(1), 8-20-223.5(1) and (2), 8-20-228.

(2) Colorado Revised Statutes (2018), Title 8 Labor and Industry, Article 20.5 Petroleum Underground Storage Tanks: Sections 8-20.5-101, except (2), (10)(a)(III), (16) and references to aboveground storage tanks (ASTs); 8-20.5-102; 8-20.5-105; 8-20.5-106; 8-20.5-107; 8-20.5-202(1), (1.5), (2), (3), and (4); 8-20.5-203; 8-20.5-204; 8-20.5-205; 8-20.5-206; 8-20.5-208; and 8-20.5-209.

(3) Colorado Revised Statutes (2018), Title 24 Government—State Administration, Article 4 Rule-Making and Licensing Procedures by State Agencies: Section 24-4-105(2)(c).

(B) The regulatory provisions include:

(1) Code of Colorado Regulations (May 1, 2018), 7 CCR 1101-14 “Department of Labor and Employment, Division of Oil and Public Safety, Storage Tank Regulations,” Article 6 Enforcement: Section 6-1 Enforcement Program; Subsections 6-1-1 Notice of Violation; 6-1-2 Enforcement Order; 6-1-3 Informal Conference; Section 6-2 Underground Storage Tank Delivery Prohibition Subsections 6-2-1 Criteria for Delivery Prohibition; 6-2-2 Red Tag Mechanisms Used to Identify Ineligible USTs; 6-2-3 Notification Processes for UST Owners/Operators and Product Deliverers; 6-2-4 Reclassifying Ineligible USTs as Eligible to Receive Product; 6-2-5 Delivery Prohibition Deferral in Rural and Remote Areas; 6-2-6 Delivery Prohibition Deferral in Emergency Situations; 6-2-7 Removal of Red Tag from Emergency Generator Tank Systems.

(2) [Reserved]

(iii) Provisions not incorporated by reference. The following specifically identified statutes and rules applicable to the Colorado underground storage tank program that are broader in coverage than the Federal program, are not part of the approved program, and are not incorporated by reference in this part for enforcement purposes:

(A) Code of Colorado Regulations (May 1, 2018), 7 CCR 1101-14 “Department of Labor and Employment, Division of Oil and Public Safety, Storage Tank Regulations”: Sections 1-5 “motor fuel”; 2-2-3(a); 2-2-3(j); and 2-3-7(d).

(B) Colorado Revised Statutes (2018), Title 8 Labor and Industry, Article 20 Fuel Products: Sections 8-20-209(2), 8-20-212, 8-20-215, 8-20-218, 8-20-223.5(3), 8-20-230, and 8-20-231; Article 20.5 Petroleum Storage Tanks, Sections 8-20.5-102(3) and (4), and 8-20.5-207.

(2) Statement of legal authority. The Attorney General's Statement, signed by the Attorney General of the State of Colorado Department of Law on December 7, 2001, and by the Assistant Attorney General on November 23, 2016, 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 Procedures for Adequate Enforcement” submitted as part of the original application on November 13, 2002, and as part of the program revision application on November 1, 2016, 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 original application on November 13, 2002, and as part of the program revision application on November 1, 2016, 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 8 and the Colorado Department of Labor and Employment, Division of Oil and Public Safety, signed by the EPA Regional Administrator on February 13, 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.

[84 FR 22731, May 20, 2019]

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§282.56   Connecticut State-Administered Program.

(a) The State of Connecticut is approved to administer and enforce an underground storage tank 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 program, as administered by the Connecticut Department of Environmental Protection, was approved by EPA pursuant to 42 U.S.C. 6991c and 40 CFR part 281. EPA approved the Connecticut program on June 27, 1995, and the approval was effective on August 4, 1995.

(b) Connecticut has primary responsibility for enforcing its underground storage tank program. However, EPA retains the authority to exercise its inspection and enforcement authorities under Sections 9005 and 9006 of Subtitle I of RCRA, 42 U.S.C. 6991d and 6991e, as well as under other statutory and regulatory provisions.

(c) To retain program approval, Connecticut must revise its approved 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 Connecticut obtains approval for the 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) Connecticut has final approval for the following elements submitted to EPA in Connecticut's program application for final approval EPA and approved by EPA on June 27, 1995, effective on August 4, 1995. Copies may be obtained from the Underground Storage Tank Program, Connecticut Department of Environmental Protection, 79 Elm Street, Hartford, CT 06106. The elements are listed as follows:

(1) State statutes and regulations. (i) The provisions cited in this paragraph are incorporated by reference as part of the underground storage tank program under Subtitle I of RCRA, 42 U.S.C. 6991 et seq.

(A) Connecticut Statutory Requirements Applicable to the Underground Storage Tank Program, 1996.

(B) Connecticut Regulatory Requirements Applicable to the Underground Storage Tank Program, 1996.

(ii) The following statutes and regulations are part of the approved state program, although not incorporated by reference herein for enforcement purposes.

(A) The statutory provisions include:

(1) Legal Authorities for Compliance Monitoring and Inspections. Connecticut General Statutes, Sections 22a-6(a)(5), 22a-336, 54-33a.

(2) Legal Authorities for Enforcement Response. Connecticut 22a-430(d), 22a-431, 22a-432, 22a-433, 22a-435, 22a-438, 52-471, 52-473, 52-474, 52-480 and 52-481.

(3) Public Participation in the State Enforcement Process. Connecticut General Statutes, Sections 4-177a, 22a-6, 22a-16, 22a-18, 22a-19, 52-107, and 52-474.

(B) Regulatory provisions include: Public Participation in the State Enforcement Process. (R.C.S.A.) Sections 22a-3a-6-(k).

(iii) The following statutory and regulatory provisions are broader in scope than the federal program, are not part of the approved program, and are not incorporated by reference herein for enforcement purposes:

(A) Section 22a-449(d)-1 of the Regulations of Connecticut State Agencies for the Control of the Nonresidential Underground Storage and Handling of Oil and Petroleum Liquids; and

(B) Requirements, including those for registration and permanent closure, for tanks greater than 2,100 gallons containing heating oil consumed on the premises where stored.

(2) Statement of legal authority. (i) “Attorney General's Statement for Final Approval,” signed by the Attorney General of Connecticut on December 21, 1994, though not incorporated by reference, is referenced as part of the State's approved underground storage tank program under Subtitle I of RCRA, 42 U.S.C. 6991 et seq.

(ii) Letter from the Attorney General of Connecticut to EPA, December 21, 1994, though not incorporated by reference, is referenced as part of the State's 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 Procedures for Adequate Enforcement” submitted as part of the original application in December 1994, though not incorporated by reference, is referenced as part of the State's 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 original application in December 1994, 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. On October 16, 1995, EPA and the Connecticut Department of Environmental Protection signed the Memorandum of Agreement. Though not incorporated by reference, the Memorandum of Agreement is referenced as part of the approved underground storage tank program under Subtitle I of RCRA, 42 U.S.C. 6991 et seq.

[61 FR 41509, Aug. 9, 1996]

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§§282.57-282.59   [Reserved]

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§282.60   Georgia State-Administered Program.

(a) History of the approval of Georgia's Program. The State of Georgia is approved to administer and enforce an underground storage tank 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 program, as administered by the Georgia Department of Natural Resources, Environmental Protection Division, was approved by EPA pursuant to 42 U.S.C. 6991c and part 281 of this Chapter. EPA approved the Georgia program on May 10, 1991 and it was effective on July 9, 1991. A subsequent program revision was approved by EPA and became effective on February 14, 2020.

(b) Enforcement authority. Georgia has primary responsibility for administering and enforcing its federally approved underground storage tank 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, Georgia must revise its approved 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 Georgia 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. Georgia has final approval for the following elements of its underground storage tank program originally submitted to EPA and approved effective July 9, 1991, and the program revisions approved by EPA effective on February 14, 2020.

(1) State statutes and regulations—(i) Incorporation by reference. The Georgia materials cited in this paragraph, and listed in appendix A to part 282, are incorporated by reference as part of the underground storage tank 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 obtain copies of the Georgia statutes that are incorporated by reference in this paragraph from LexisNexis, Attn: Official Code of Georgia Annotated, 701 East Water Street, Charlottesville, VA 22902-5389; Phone number: 1-800-833-9844; website: http://sos.ga.gov/index.php/elections/georgia__code__-__lexisnexis. You may obtain copies of the Georgia regulations that are incorporated by reference in this paragraph from the Administrative Procedures Division, Office of the Georgia Secretary of State, 5800 Jonesboro Road, Morrow, Georgia 30260; Phone number: (678) 364-3785; website: http://rules.sos.ga.gov/gac/391-3-15. You may inspect all approved material at the EPA Region 4, 61 Forsyth Street SW, Atlanta, Georgia 30303; Phone number: (404) 562-9900; or the National Archives and Records Administration (NARA). For information on the availability of the material at NARA, email [email protected] or go to www.archives.gov/federal-register/cfr/ibr-locations.html.

(A) “Georgia Statutory Requirements Applicable to the UST Program”, dated August 2019.

(B) “Georgia Regulatory Requirements Applicable to the UST Program”, dated August 2019.

(ii) Legal basis. The EPA evaluated the following statutes and regulations which provide the legal basis for the State's implementation of the underground storage tank program, but they are not being incorporated by reference and do not replace federal authorities:

(A) Official Code of Georgia Annotated (2017), Title 12. “Conservation and Natural Resources,” Chapter 13, “Georgia Underground Storage Tank Act”: Sections 12-13-5; 12-13-6; 12-13-8; 12-13-11(a) and (f); 12-13-14 through 12-13-17; and 12-13-19 through 12-3-22.

(B) Rules and Regulations of the State of Georgia (November 6, 2017), Department 391. “Rules of the Georgia Department of Natural Resources,” Chapter 3, “Environmental Protection,” Subject 15, “Underground Storage Tank Management”: Sections 391-3-15-.01(2) and 391-3-15-.14.

(iii) Other Provisions not incorporated by reference. The following specifically identified sections and rules applicable to the Georgia underground storage tank program that are broader in scope than the federal program or external to the state UST program approval requirements are not part of the approved program, and are not incorporated by reference herein:

(A) Official Code of Georgia Annotated (2017), Title 12: “Conservation and Natural Resources,” Chapter 13, “Georgia Underground Storage Tank Act”: Sections 12-13-3(8) and (16); 12-13-7; 12-13-9(d) through (i); 12-13-10; 12-13-11(b) through (e); 12-13-12; 12-13-13(e), and 12-13-18.

(B) Rules and Regulations of the State of Georgia (November 6, 2017), Department 391: “Rules of the Georgia Department of Natural Resources,” Chapter 3, “Environmental Protection,” Subject 15, “Underground Storage Tank Management”: Sections 391-3-15-.01(1); 391-3-15-.03(1)(a), (g), (i), and (p) through (r); 391-3-15-.04; 391-3-15-.05(4); 391-3-15-.09(5) and (7); 391-15-3-.12(3); 391-3-15-.13; and 391-3-15-.15.

(2) Statement of legal authority. The Attorney General's Statement, signed by the Attorney General on June 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.

(3) Demonstration of procedures for adequate enforcement. The “Demonstration of Procedures for Adequate Enforcement” submitted as part of Georgia's application on August 8, 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 submitted as part of Georgia's application on August 8, 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.

(5) Memorandum of Agreement. The Memorandum of Agreement between EPA Region 4 and the Georgia Environmental Protection Division, signed by 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.

[85 FR 8474, Feb. 14, 2020]

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§282.61   Hawaii State-Administered Program.

(a) The State of Hawaii's underground storage tank program is approved in lieu of the Federal program in accordance with Subtitle I of the Resource Conservation and Recovery Act of 1976 (RCRA), as amended, 42 U.S.C. 6991 et seq. The State's program, as administered by the Hawaii Department of Health, was approved by EPA pursuant to 42 U.S.C. 6991c and part 281 of this chapter. EPA approved the Hawaii underground storage tank program on September 25, 2002, and approval was effective on September 30, 2002.

(b) Hawaii has primary responsibility for enforcing its underground storage tank program. However, EPA retains the authority to exercise its inspection and enforcement authorities in accordance with sections 9005 and 9006 of Subtitle I of RCRA, 42 U.S.C. 6991d and 6991e, regardless of whether the State has taken its own actions, as well as in accordance with other statutory and regulatory provisions.

(c) To retain program approval, Hawaii must revise its approved program to adopt new changes to the Federal Subtitle I program that make it more stringent, in accordance with section 9004 of RCRA, 42 U.S.C. 6991c, and 40 CFR part 281, subpart E. If Hawaii obtains approval for the 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) Hawaii has final approval for the following elements submitted to EPA in the State's program application for final approval. On September 25, 2002, EPA published a rule approving the State's program in the Federal Register, 67 FR 60161. That approval became effective on September 30, 2002. Copies of Hawaii's program application may be obtained from the Hawaii Department of Health, Solid and Hazardous Waste Branch, 919 Ala Moana Boulevard, Suite 212, Honolulu, HI 96814.

(1) State statutes and regulations. (i) The provisions cited in paragraph (d)(1)(i) of this section are incorporated by reference as part of the approved underground storage tank program in accordance with Subtitle I of RCRA, 42 U.S.C. 6991 et seq.

(A) Hawaii Statutory Requirements Applicable to the Underground Storage Tank Program, 2001.

(B) Hawaii Regulatory Requirements Applicable to the Underground Storage Tank Program, 2001.

(ii) EPA considered the following statutes and regulations in evaluating the State program, but did not incorporate them by reference.

(A) The statutory provisions include of the Hawaii Revised Statutes:

(1) Hawaii Revised Statutes, Chapter 342L, Underground Storage Tanks.

   Section 342L-1   Definitions (insofar as “complaint” sets forth enforcement authorities)

   Section 342L-2   Administration

   Section 342L-3   Powers; rulemaking; appointment of hearings officers

   Section 342L-7   Authority to obtain information and data, inspect, and require and conduct activities; penalties for disclosure

   Section 342L-8   Enforcement

   Section 342L-9   Emergency powers; procedures

   Section 342L-10   Penalties

   Section 342L-11   Administrative penalties

   Section 342L-12   Injunctive relief

   Section 342L-12.5   Intervention

   Section 342L-13   Appeal

   Section 342L-15   Public records; confidential information

   Section 342L-17   Other action not barred

   Section 342L-18   Enforcement by state and county authorities

   Section 342L-19   Other powers of department not affected

   Section 342L-20   Effect of laws, ordinances, and rules

   Section 342L-21   Priority in courts

   Section 342L-30   Notification requirements (insofar as paragraph (i) of this section grants the Department authority to assess penalties for noncompliance)

   Section 342L-51   Leaking underground storage tank fund

   Section 342L-52   Response to suspected or confirmed releases (insofar as it sets forth enforcement authorities)

   Section 342L-53   Cost recovery

(2) Hawaii Revised Statutes, Chapter 342D, Water Pollution.

   Section 342D-8   Inspection of premises

   Section 342D-9   Enforcement

   Section 342D-10   Emergency powers; procedures

   Section 342D-11   Injunctive relief

   Section 342D-12   Appeal

   Section 342D-14   Public records; confidential information; penalties

   Section 342D-30   Civil penalties

   Section 342D-31   Administrative penalties

   Section 342D-32   Negligent violations

   Section 342D-33   Knowing violations

   Section 342D-34   Knowing endangerment

   Section 342D-35   False statements

   Section 342D-36   Treatment of single operational upset

   Section 342D-37   Responsible corporate officer as “person”

   Section 342D-39   Disposition of collected fines and penalties

   Section 342D-52   Testing of water and aquatic and other life

(3) Hawaii Revised Statutes, Chapter 128D, Environmental Response Law.

   Section 128D-4   State response authorities; uses of fund (insofar as it sets forth enforcement authorities for certain corrective actions)

(B) The regulatory provisions include; Hawaii Administrative Rules, Chapter 11-281, Underground Storage Tanks:

   Section 11-281-03   Definitions (insofar as “complaint” sets forth enforcement authorities; and insofar as “field citation” and “force majeure” relate to the Department's enforcement authorities)

   Section 11-281-80   Public participation for corrective action plans (insofar as paragraph (j) of this section sets forth enforcement authorities)

   Section 11-281-121   Purpose

   Section 11-281-122   Applicability

   Section 11-281-123   Issuance and contents of a field citation

   Section 11-281-124   Notice of citation

   Section 11-281-125   Field citation order and settlement agreement

   Section 11-281-126   Correcting violations; paying the settlement amount; and signing the settlement agreement

   Section 11-281-127   Method of payment

   Section 11-281-128   Field citation penalty amounts for settlement

   Section 11-281-131   Appendices VII and VIII (insofar as they relate to the Department's field citation program)

(iii) The following statutory and regulatory provisions are broader in scope than the Federal program, are not part of the approved program, and are not incorporated by reference. These provisions are not federally enforceable.

(A) The statutory provisions include; Hawaii Revised Statutes, Chapter 342L, Underground Storage Tanks:

   Section 342L-1   Definitions (“owner” insofar as it includes persons who hold indicia of ownership to protect an interest in a tank system; “permit” insofar as it sets forth a permitting program; and “regulated substance” insofar as it includes other substances as designated by the Department)

   Section 342L-4   Permits; procedures for (insofar as it establishes a permitting program)

   Section 342L-5   Variances allowed (insofar as variances exceed the scope of the federal program)

   Section 342L-6   Variances; procedures for (insofar as variances exceed the scope of the federal program)

   Section 342L-14   Fees (insofar as it grants the director authority to establish fees for registering underground storage tanks)

   Section 342L-16   Non-liability of department personnel (insofar as it was specifically not authorized in the Federal Register notice of program approval)

   Section 342L-23   Directory of underground storage tank service providers (insofar as it was specifically not authorized in the Federal Register notice of program approval)

   Section 342L-31   Permit requirements and transfer of permit (insofar as it requires owners and operators to obtain permits to install or operate UST systems)

   Section 342L-50   Definitions (insofar as the definition of “owner” defines lenders as operators and subjects such lenders to requirements other than the corrective action requirements)

(B) The regulatory provisions include the following sections of Hawaii Administrative Rules, Chapter 11-281, Underground Storage Tanks:

   Section 11-281-03   Definitions (“farm tank” insofar as it regulates tanks on farms that are not used for farm or commercial purposes; “regulated substance” insofar as the Department can designate other substances; “reportable quantity” insofar as it sets forth a reporting threshold of 10 lbs. for trichloropropane; and “underground storage tank” insofar as its designation of farm tanks exceeds the scope of the federal regulations)

   Section 11-281-23   Permit required (insofar as it relates to the permitting program)

   Section 11-281-24   Application for a permit (insofar as paragraphs (a), (b), (c)(3), and (c)(4) of this section relate to the permitting program)

   Section 11-281-25   Permit (insofar as paragraphs (a) and (b) of this section relate to the permitting program)

   Section 11-281-26   Permit renewals (insofar as it relates to the permitting program)

   Section 11-281-27   Action on and timely approval of an application for a permit (insofar as it relates to the permitting program)

   Section 11-281-28   Permit conditions (insofar as it relates to the permitting program)

   Section 11-281-29   Modification of permit and notice of change (insofar as it relates to the permitting program)

   Section 11-281-30   Revocation or suspension of permit (insofar as it relates to the permitting program)

   Section 11-281-31   Change in owner or operator for a permit (insofar as it relates to the permitting program)

   Section 11-281-32   Variances allowed (insofar as variances exceed the scope of the federal program)

   Section 11-281-33   Variance applications (insofar as variances exceed the scope of the federal program)

   Section 11-281-34   Maintenance of permit or variance (insofar as it relates to the permitting program)

   Section 11-281-35   Fees (insofar as it establishes registration fees)

   Section 11-281-45   Reporting and recordkeeping (insofar as paragraph (b)(3)of this section addresses posting of signs; and paragraph (c)(6) of this section requires maintenance of permit records)

   Section 11-281-73   Posting of signs (insofar as there is no analogous provision in the federal regulations)

   Section 11-281-131   Appendices II, IV, V, and VI of this section (insofar as they address permit application and transfer procedures and variances)

(2) Statement of legal authority. (i) “Attorney General's Statement,” signed by the State Attorney General on October 12, 2000, though not incorporated by reference, is referenced as part of the approved underground storage tank program in accordance with Subtitle I of RCRA, 42 U.S.C. 6991 et seq.

(ii) Letter from the Attorney General of Hawaii to EPA, October 12, 2000, though not incorporated by reference, is referenced as part of the approved underground storage tank program in accordance with Subtitle I of RCRA, 42 U.S.C. 6991 et seq.

(3) Demonstration of procedures for adequate enforcement. The “Demonstration of Procedures for Adequate Enforcement” submitted as part of the original application on May 23, 2001, though not incorporated by reference, is referenced as part of the approved underground storage tank program in accordance with 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 original application on May 23, 2001, though not incorporated by reference, are referenced as part of the approved underground storage tank program in accordance with Subtitle I of RCRA, 42 U.S.C. 6991 et seq.

(5) Memorandum of Agreement. The Memorandum of Agreement between EPA Region 9 and the Hawaii Department of Health, signed by the EPA Regional Administrator on September 13, 2002, though not incorporated by reference, is referenced as part of the approved underground storage tank program in accordance with Subtitle I of RCRA, 42 U.S.C. 6991 et seq.

[73 FR 53744, Sept. 17, 2008]

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§282.62   Idaho State-Administered Program.

(a) History of the approval of Idaho's Program. The State of Idaho is approved to administer and enforce an underground storage tank 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 program, as administered by the Idaho Department of Environmental Quality (DEQ), was approved by EPA pursuant to 42 U.S.C. 6991c and part 281 of this chapter. The EPA published the notice of final determination approving the Idaho underground storage tank base program effective on February 28, 2012. A subsequent program revision application was approved by EPA and became effective on March 10, 2020.

(b) Enforcement authority. Idaho has primary responsibility for administering and enforcing its federally-approved underground storage tank program. However, the 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, Idaho must revise its approved 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 Idaho obtains approval for the 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. Idaho has final approval for the following elements of its program application originally submitted to EPA and approved, effective February 28, 2012, and the program revision application approved by EPA effective on March 10, 2020:

(1) State statutes and regulations—(i) Incorporation by reference. The materials cited in this paragraph (d)(1) are incorporated by reference as part of the underground storage tank 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 obtain copies of the Idaho provisions that are incorporated by reference in this paragraph (d)(1)(i) from Idaho's Office of Administrative Rules Coordinator, P.O. Box 83720, Boise, Idaho 83720; Phone number: 208-332-1820; website: https://adminrules.idaho.gov/. You may inspect all approved material at the EPA Region 10 office, 1200 Sixth Avenue, Seattle, Washington 98101, phone number (206) 553-6693, or the National Archives and Records Administration (NARA). For information on the availability of the material at NARA, email [email protected] or go to https://www.archives.gov/federal-register/cfr/ibr-locations.

(A) Idaho Statutory Requirements Applicable to the Underground Storage Tank Program, September 2018.

(B) Idaho Regulatory Requirements Applicable to the Underground Storage Tank Program, September 2018.

(ii) Legal basis. The EPA evaluated the following statutes and regulations which provide the legal basis for the State's implementation of the underground storage tank program, but they are not being incorporated by reference and do not replace Federal authorities:

(A) The statutory provisions include:

(1) Idaho Code, Title 39, “Health and Safety,” Chapter 1, “Environmental Quality—Health,” Sections 39-108 and -109.

(2) Idaho Code, Title 39, “Healthy and Safety,” Chapter 88, “Idaho Underground Storage Tank Act.” The following Sections are part of the approved State program, although not incorporated by reference in this part for enforcement purposes: Sections 39-8805, -8808, -8810, and -8811.

(B) The regulatory provisions include:

(1) Idaho Administrative Code 58 (April 1, 2018), Title 01, Chapter 02, “Water Quality Standards,” Sections 851 and 852.

(2) Idaho Administrative Code 58 (April 1, 2018), Title 01, Chapter 07, “Rules Regulating Underground Storage Tank Systems.” The following Sections are part of the approved State program, although not incorporated by reference in this part for enforcement purposes: Sections 004.01, 400.01 and .03, 500, and 600.

(3) Idaho Rules of Civil Procedure, Rule 24(a).

(iii) Provisions not incorporated by reference. The following specifically identified sections and rules applicable to the Idaho underground storage tank program that are broader in coverage than the Federal program, are not part of the approved program, and are not incorporated by reference in this part for enforcement purposes:

(A) Idaho Administrative Code 58 (April 1, 2018), Title 01, Chapter 07, “Rules Regulating Underground Storage Tank Systems,” Sections 010.16, 100.01 and .03, 200, 600, and 601.

(B) [Reserved]

(2) Statement of legal authority. The Attorney General's Statement, signed by the Deputy Attorney General of the State of Idaho on August 23, 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 Procedures for Adequate Enforcement” submitted as part of the program revision application for approval on September 19, 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 program revision application for approval on September 19, 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 10 and the Idaho Department of Environmental Quality, signed by the EPA Regional Administrator on March 19, 2019, 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.

[85 FR 1281, Jan. 10, 2020]

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§§282.63-282.64   [Reserved]

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§282.65   Iowa State-Administered Program.

(a) The State of Iowa is approved to administer and enforce an underground storage tank 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 program, as administered by the Iowa Department of Natural Resources, was approved by EPA pursuant to 42 U.S.C. 6991c and part 281 of this Chapter. EPA approved the Iowa program on March 7, 1995 and it was effective on May 8, 1995.

(b) Iowa has primary responsibility for enforcing its underground storage tank program. However, EPA retains the authority to exercise its inspection and enforcement authorities under sections 9005 and 9006 of subtitle I of RCRA, 42 U.S.C. 6991d and 6991e, as well as under other statutory and regulatory provisions.

(c) To retain program approval, Iowa must revise its approved 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 Iowa obtains approval for the 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) Iowa has final approval for the following elements submitted to EPA in Iowa's program application for final approval and approved by EPA on March 7, 1995. Copies may be obtained from the Underground Storage Tank Program, Iowa Department of Natural Resources, Wallace State Office Building, 900 East Grand, Des Moines, Iowa, 50319.

(1) State statutes and regulations. (i) The provisions cited in this paragraph are incorporated by reference as part of the underground storage tank program under subtitle I of RCRA, 42 U.S.C. 6991 et seq.

(A) Iowa Statutory Requirements Applicable to the Underground Storage Tank Program, 1994

(B) Iowa Regulatory Requirements Applicable to the Underground Storage Tank Program, 1994

(ii) The following statutes and regulations are part of the approved state program, although not incorporated by reference herein for enforcement purposes.

(A) The statutory provisions include: Code of Iowa, Chapter 455B, Sections 103(4), 109, 111, 112, 475, 476, 477 and 478.

(iii) The following statutory and regulatory provisions are broader in scope than the federal program, are not part of the approved program, and are not incorporated by reference herein for enforcement purposes.

(A) Code of Iowa, Chapter 455B, Sections 113, 114 and 115 insofar as they apply to certified laboratories; 479 insofar as it applies to account dispersion; Chapter 455G, Sections 1-20 insofar as they apply to the comprehensive petroleum underground storage tank fund.

(B) Iowa Administrative Code, Rule 567, Chapter 134.1-5 insofar as they apply to the registration of groundwater professionals; 135.3(4) insofar as it applies to farm or residential tanks of 1,100 gallons or less capacity used for storing motor fuel for noncommercial purposes.

(2) Statement of legal authority. (i) “Attorney General's Statement for Final Approval”, signed by the Attorney General of Iowa on December 22, 1993, 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.

(ii) Letter from the Attorney General of Iowa to EPA, dated December 22, 1993, 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 Procedures for Adequate Enforcement” submitted as part of the original application in March of 1994, 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 original application in March 1994, 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 7 and the Iowa Department of Natural Resources, signed by the EPA Regional Administrator on June 22, 1994, 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.

[60 FR 12632, Mar. 7, 1995]

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§282.66   Kansas State-Administered Program.

(a) The State of Kansas is approved to administer and enforce an underground storage tank 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 program, as administered by the Kansas Department of Health and Environment, was approved by EPA pursuant to 42 U.S.C. 6991c and part 281 of this Chapter. EPA approved the Kansas program on June 6, 1994 and it was effective on July 6, 1994.

(b) Kansas has primary responsibility for enforcing its underground storage tank program. However, EPA retains the authority to exercise its inspection and enforcement authorities under sections 9005 and 9006 of subtitle I of RCRA, 42 U.S.C. 6991d and 6991e, as well as under other statutory and regulatory provisions.

(c) To retain program approval, Kansas must revise its approved 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 Kansas obtains approval for the 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) Kansas has final approval for the following elements submitted to EPA in Kansas' program application for final approval and approved by EPA on June 6, 1994. Copies may be obtained from the Underground Storage Tank Program, Kansas Department of Health and Environment, Forbes Field, Building 740, Topeka, Kansas, 66620-0001.

(1) State statutes and regulations. (i) The provisions cited in this paragraph are incorporated by reference as part of the underground storage tank program under subtitle I of RCRA, 42 U.S.C. 6991 et seq.

(A) Kansas Statutory Requirements Applicable to the Underground Storage Tank Program, 1994

(B) Kansas Regulatory Requirements Applicable to the Underground Storage Tank Program, 1994

(ii) The following statutes and regulations are part of the approved state program, although not incorporated by reference herein for enforcement purposes.

(A) The statutory provisions include: Kansas Statutes Annotated, Chapter 65, Public Health, Article 34, Kansas Storage Tank Act, Sections 108, 109 and 113.

(iii) The following statutory and regulatory provisions are broader in scope than the federal program, are not part of the approved program, and are not incorporated by reference herein for enforcement purposes.

(A) Kansas Statutes Annotated, Chapter 65, Article 34, Sections 105(2) insofar as it applies to aboveground storage tanks, (8) insofar as it applies to tank tightness tester qualifications, (11) & (12) insofar as it applies to licensing tank installers and fees for these licenses, (13) insofar as it applies to aboveground storage tanks; 106 insofar as it applies to aboveground storage tanks; 110 insofar as it applies licensing of tank installers and contractors; 111 insofar as it applies suspension of licenses; 112 insofar as it applies to agreements between secretary and local governments; 114 & 114a insofar as it applies to the storage tank release trust fund; 116 & 117 insofar as it applies to the storage tank release fund; 118 insofar as it applies to corrective action for aboveground storage tanks; 119-125 insofar as it applies to the storage tank release fund; 126 & 127 insofar as it applies to the third party liability insurance plan; 128 insofar as it applies to the storage tank fee fund; 129 & 130 insofar as it applies to the aboveground petroleum storage tank release trust fund.

(B) Kansas Department of Health and Environment Permanent Administrative Regulations, Chapter 28, Article 44, Section 18 insofar as it applies to registration of non-regulated underground storage tanks; 20-22 insofar as they require underground storage tank installers, tank tightness testers and contractors to be licensed; 23(b)(5) insofar as it applies to heating oil tanks.

(2) Statement of legal authority. (i) “Attorney General's Statement for Final Approval”, signed by the Attorney General of Kansas on August 23, 1993, 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.

(ii) Letter from the Attorney General of Kansas to EPA, August 23, 1993, 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 Procedures for Adequate Enforcement” submitted as part of the original application in September, 1993, 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 original application in September 1993, 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 7 and the Kansas Department of Health and Environment, signed by the EPA Regional Administrator on April 29, 1994, 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.

[59 FR 49212, Sept. 27, 1994]

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§282.67   [Reserved]

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§282.68   Louisiana State-Administered Program.

Link to an amendment published at 85 FR 34368, June 4, 2020.

(a) The State of Louisiana is approved to administer and enforce an underground storage tank 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 program, as administered by the Louisiana Department of Environmental Quality, was approved by EPA pursuant to 42 U.S.C. 6991c and part 281 of this Chapter. EPA approved the Louisiana program on July 24, 1992 and it was effective on September 4, 1992.

(b) Louisiana has primary responsibility for enforcing its underground storage tank program. However, EPA retains the authority to exercise its inspection and enforcement authorities under sections 9005 and 9006 of subtitle I of RCRA, 42 U.S.C. 6991d and 6991e, as well as under other statutory and regulatory provisions.

(c) To retain program approval, Louisiana must revise its approved 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 Louisiana obtains approval for the 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) Louisiana has final approval for the following elements submitted to EPA in Louisiana's program application for final approval and approved by EPA on July 24, 1992. Copies may be obtained from the Underground Storage Tank Program, Louisiana Department of Environmental Quality, 7290 Bluebonnet Road, Baton Rouge, LA 70810-1612.

(1) State statutes and regulations. (i) The provisions cited in this paragraph are incorporated by reference as part of the underground storage tank program under subtitle I of RCRA, 42 U.S.C. 6991 et seq.

(A) Louisiana Statutory Requirements Applicable to the Underground Storage Tank Program, 1995.

(B) Louisiana Regulatory Requirements Applicable to the Underground Storage Tank Program, 1995.

(ii) The following statutes and regulations are part of the approved state program, although not incorporated by reference herein for enforcement purposes.

(A) The statutory provisions include:

(1) Louisiana Revised Statutes, Title 30

§2012   Enforcement Inspections

§2025   Enforcement

§2026   Citizen Suits

§2077   Remediation of Pollution

§2172   Policy and Purpose

§2275   Demand by Secretary; Remedial Action

(B) The regulatory provisions include:

(1) Louisiana Environmental Regulatory Code, Part XI: Underground Storage Tanks, Chapter 15—Enforcement:

§1501   Inspection and Entry

§1503   Failure to Comply

§1505   Investigations: Purposes, Notice

(iii) The following regulatory provisions are broader in scope than the federal program, are not part of the approved program, and are not incorporated by reference herein for enforcement purposes.

(A) Louisiana Environmental Regulatory Code, Part XI: Underground Storage Tanks

(1) Chapter 13—Certification Requirements for Persons Who Install, Repair, or Close Underground Storage Tank Systems [Insofar as it applies to individuals other than UST owners and operators.]

§1301   Applicability

§1303   Definitions

§1305   Categories of Certification and Requirements for Issuance and Renewal of Certificates

§1307   Certification Examinations

§1309   Approval of Continuing Training Courses

§1311   Denial of Issuance or Renewal of a Certificate or Revocation of a Certificate

§1313   UST Certification Board

(2) Statement of legal authority. (i) “Attorney General's Statement for Final Approval”, signed by the Attorney General of Louisiana on September 12, 1991, 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.

(ii) Letter from the Attorney General of Louisiana to EPA, September 12, 1991, 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 Procedures for Adequate Enforcement” submitted as part of the original application on October 15, 1991, 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 original application on October 15, 1991, 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 6 and the Louisiana Department of Environmental Quality, signed by the EPA Regional Administrator on May 14, 1992, 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.

[61 FR 1212, Jan. 18, 1996]

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§282.69   Maine State-Administered Program.

(a) The State of Maine is approved to administer and enforce an underground storage tank 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 program, as administered by the Maine Department Environmental Protection (ME DEP), was approved by EPA pursuant to 42 U.S.C. 6991c and 40 CFR part 281. EPA approved the Maine program on June 11, 1992, which was effective on July 13, 1992.

(b) Maine has primary responsibility for administering and enforcing its federally approved underground storage tank program. However, EPA retains the authority to exercise its inspection and enforcement authorities under Sections 9005 and 9006 of Subtitle I of RCRA, 42 U.S.C. 6991d and 6991e, as well as under any other applicable statutory and regulatory provisions.

(c) To retain program approval, Maine must revise its approved program to adopt new changes to the Federal Subtitle I program which makes it more stringent, in accordance with Section 9004 of RCRA, 42 U.S.C. 6991c and 40 CFR part 281, subpart E. If Maine obtains approval for the 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 notification of any change will be published in the Federal Register.

(d) Maine has final approval for the following elements of its program application originally submitted to EPA and approved effective July 13, 1992, and the program revision application approved by EPA, except as it relates to USTs on Indian lands, effective on December 2, 2019.

(1) State statutes and regulations—(i) Incorporation by reference. The material cited in this paragraph (d)(1)(i), and listed in appendix A to this part, is incorporated by reference as part of the underground storage tank program under Subtitle I of RCRA, 42 U.S.C. 6991 et seq. (See §282.2 for incorporation by reference approval and inspection information.) You may obtain copies of the Maine regulations and statutes that are incorporated by reference in this paragraph (d)(1)(i) from the Staff to the Board of Underground Storage Tank Installers, Maine DEP, 17 SHS, Augusta, ME 04333-0017; Phone number: 207-287-7688; Hours: Monday-Friday, 8:00 a.m. to 5:00 p.m.; website for statutes and regulations: https://www.maine.gov/dep/waste/ust/lawsrules.html.

(A) “Maine Statutory and Regulatory Requirements Applicable to the Underground Storage Tank Program, September 2018.”

(B) [Reserved]

(ii) Legal basis. EPA evaluated the following statutes and regulations which are part of the approved program, but they are not being incorporated by reference for enforcement purposes, and do not replace Federal authorities:

(A) The statutory provisions include:

(1) Maine Revised Statutes, Title 4: Judiciary; Chapter 5: District Court; Section 152. District court, Civil jurisdiction; 6-A N. All laws administered by the Department of Environmental Protection.

(2) Maine Revised Statutes, Title 14: Court Procedure—Civil, Chapter 711: Equity Proceedings.

(3) Maine Revised Statutes, Title 17: Crimes, Chapter 91: Nuisances, Section 2794. Dumping of oil.

(4) Maine Revised Statutes Annotated, Title 38. Waters and Navigation, Chapter 2. Department of Environmental Protection, Subchapter 1. Organization and Powers, Section 342.7. Representation in court, Section 342.11-B. Revoke or suspend licenses and permits, Section 346. Judicial appeals, Section 347-A. Violations, Section 348. Judicial enforcement, and Section 349. Penalties.

(5) Maine Revised Statutes Annotated, Title 38. Waters and Navigation, Chapter 3. Protection and Improvement of Waters, Subchapter 2-A. Oil Discharge Prevention and Pollution Control, Section 550. Enforcement, Penalties.

(6) Maine Revised Statutes Annotated, Title 38. Waters and Navigation, Chapter 3. Protection and Improvement of Waters, Subchapter 2-B. Oil Storage Facilities and Ground Water Protection, Section 565-A. Authority to prohibit product delivery; Section 568.3. Issuance of clean-up orders; Section 568.4. Enforcement, penalties, punitive damages, Section 570-C. Municipal ordinances, powers limited.

(7) Maine Revised Statutes Annotated, Title 38. Waters and Navigation, Chapter 13-D: Wellhead Protection, Section 1397. Enforcement.

(B) The regulatory provisions include:

(1) 06-096, Maine Department of Environmental Protection, Chapter 691, Rule for Underground Oil Storage Facilities: 4.O. Registration of Underground Oil Storage Facilities; 5.D.(11)(e) Leak or discharge reporting requirements; 12.A.(3) Discharge and leak investigation, response and corrective action; 14. Severability.

(2) The Maine Rules of Civil Procedure, Rule 24. Intervention, Rule 80K. Land Use Violations.

(iii) Provisions not incorporated by reference. The following specifically identified statutory and regulatory provisions applicable to the Maine's UST program are broader in scope than the Federal program, are not part of the approved program, and are not incorporated by reference herein for enforcement purposes:

(A) Maine Revised Statutes Annotated, Title 38. Waters and Navigation, Chapter 3. Protection and Improvement of Waters, Subchapter 2-A. Oil Discharge Prevention and Pollution Control: Section 551. Maine Ground and Surface Waters Clean-up and Response Fund;

(B) Maine Revised Statutes Annotated, Title 38. Waters and Navigation, Chapter 3. Protection and Improvement of Waters, Subchapter 2-B. Oil Storage Facilities and Ground Water Protection: Section 563. 9. Annual compliance inspection.; Section 564. 5. Mandatory for replacement.; Section 565. Regulation of underground oil storage facilities used for consumption on the premises or by the owner or operator; Section 566-A. 5. Abandonment of underground oil storage facilities and tanks; Section 567. Certification of underground tank installers; Section 570-I. Budget approval;

(C) 06-096, Maine Department of Environmental Protection, Chapter 691, Rule for Underground Oil Storage Facilities: 5.B.(4)(a), (d), (g), (h), and (j) General facility installation requirements; 5.B.(5)(b) Installation requirements for new and replacement tanks; 5.D.(3)(f) Operation and Monitoring Requirements for Galvanic Cathodic Protection Systems; 5.D.(6)(b) Overfill and spill prevention; 5.D.(14)(c) Repairs other than relining; 5.D.(15)(f) (vii) Financial responsibility requirements; 5.D.(17) Annual compliance inspection requirements; 5.D.(19)(b) Safe excavation requirements; 5.F. Mandatory facility closure upon expiration of warranty; 6. Regulation of heating oil facilities used for consumption on the premises or by the owner or operator; 7.B.(7) Design and installation standards for new and replacement facilities; 8.B.(1)(d) and (e) Design and installation requirements for new and replacement tanks, 8.B.(4)(b), (d), and (e) General installation requirements, 9.B.(4) Installation requirements for new and replacement heavy oil facilities, 10.B.(1)(c) General design and construction requirements, 10.B.(3)(b), (f), and (h) General installation requirements, and 10.D.(2) Operation, maintenance, testing and inspection requirements for new, replacement and existing systems.

(2) Statement of legal authority. The Attorney General's Statements, signed by the Attorney General of Maine on December 5, 1991, and October 12, 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.

(3) Demonstration of procedures for adequate enforcement. The “Demonstration of Procedures for Adequate Enforcement” submitted as part of the original application on November 27, 1991, and as part of the program revision application for approval on October 13, 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 original application on November 27, 1991, and as part of the program revision application on October 13, 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 1 and the Maine Department of Environmental Protection, signed by the EPA Regional Administrator on November 21, 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.

[84 FR 52789, Oct. 3, 2019]

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§282.70   [Reserved]

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§282.71   Massachusetts State-Administered Program.

(a) The State of Massachusetts is approved to administer and enforce an underground storage tank 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 program, as administered by the Massachusetts Department Environmental Protection (MassDEP), was approved by EPA pursuant to 42 U.S.C. 6991c and 40 CFR part 281 of this Chapter. EPA approved the Massachusetts program on March 3, 1995, which was effective on April 17, 1995.

(b) Massachusetts has primary responsibility for administering and enforcing its federally approved underground storage tank program. However, EPA retains the authority to exercise its inspection and enforcement authorities under sections 9005 and 9006 of Subtitle I of RCRA, 42 U.S.C. 6991d and 6991e, as well as under any other applicable statutory and regulatory provisions.

(c) To retain program approval, Massachusetts must revise its approved program to adopt new changes to the federal Subtitle I program which makes it more stringent, in accordance with section 9004 of RCRA, 42 U.S.C. 6991c and 40 CFR part 281, subpart E. If Massachusetts obtains approval for the 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 notification of any change will be published in the Federal Register.

(d) Massachusetts has final approval for the following elements of its program application originally submitted to EPA and approved effective April 17, 1995, and the program revision application approved by EPA, effective on September 16, 2019.

(1) State statutes and regulations—(i) Incorporation by reference. The material cited in this paragraph, and listed in appendix A to part 282, is incorporated by reference as part of the underground storage tank program under Subtitle I of RCRA, 42 U.S.C. 6991 et seq. (See §282.2 for incorporation by reference approval and inspection information.) You may obtain copies of the Massachusetts statutes and regulations that are incorporated by reference in this paragraph from the State Bookstore, State House, Room 116, Boston, MA 02133; Phone number: 617-727-2834; Hours: Monday-Friday, 8:45 a.m. to 5:00 p.m.; website: http://www.sec.state.ma.us/spr/sprcat/catidx.htm.

(A) “Massachusetts Statutory and Regulatory Requirements Applicable to the Underground Storage Tank Program, March 2019.”

(B) [Reserved]

(ii) Legal basis. EPA evaluated the following statutes and regulations which are part of the approved program, but they are not being incorporated by reference for enforcement purposes, and do not replace Federal authorities:

(A) The statutory provisions include:

(1) Massachusetts General Laws, Chapter 21A, Executive Office of Energy and Environmental Affairs, Section 16, Civil Administrative Penalties.

(2) Massachusetts General Laws, Chapter 21E, Massachusetts Oil and Hazardous Material Release Prevention and Response Act (2014), Sections 4 through 6, 8 through 12 and 15 through 18.

(3) Massachusetts General Laws, Chapter 21J, Underground Petroleum Product Cleanup Fund, Chapters 11 through 14.

(4) Massachusetts General Laws, Chapter 21O, Operation and Removal of Underground Storage Tanks, Section 4, Sections 6 through 9.

(B) The regulatory provisions include:

(1) Code of Massachusetts Regulations, 310 CMR 80, Underground Storage Tank (UST) Systems: 80.10 Duty to Provide Information; 80.12 Presumption of Irreparable Harm; 80.13, Department Access to UST Facilities and Records; 80.48, Delivery Prohibition; 80.50, Enforcement and Appeals.

(2) Code of Massachusetts Regulations, 310 CMR 40, Massachusetts Contingency Plan: 40.0010, Effect of Orders and Appeals; 40.0011, Confidentiality of Information; 40.0013, Presumption of Irreparable Harm; 40.0019, Violations of Environmental Restrictions; 40.0020, Violations of a Permanent Solution or Temporary Solution; 40.0021, Unlawful Interference with Response Actions; 40.0050, Appeals of Orders and Permits; 40.0051, Appeals Relative to Administrative Penalties; 40.0160, Departmental Notice to Responsible Parties and Potentially Responsible Parties; 40.0165, Department Request for Information (RFI); 40.0166, Department Right of Entry; 40.0171, Failure to Perform a Response Action.

(iii) Provisions not incorporated by reference. The following specifically identified statutory and regulatory provisions applicable to the Massachusetts' UST program are broader in scope than the federal program, are not part of the approved program, and are not incorporated by reference herein for enforcement purposes:

(A) Massachusetts General Laws, Chapter 21O: Operation and Removal of Underground Storage Tanks, Section 1, Removal or relocation of underground flammable or combustible fluid tanks; permits; abandoned underground residential tanks; Massachusetts General Laws, Chapter 21E: Massachusetts Oil and Hazardous Material Release Prevention and Response Act, Sections 3A, 3B, Sections 13, 14, and 19 through 22;

(B) Code of Massachusetts Regulations, Title 310 CMR Chapter 80, Underground Storage Tank Systems: General Provisions Section, Applicability, 80.04(6)(c), (8) through (12); Design, Construction and Installation Requirements Section, 80.16(7); Requirements for Compliance Certification Section, 80.34; Class A, B, and C Operator Requirements and Certifications, 80.37; Third Party Inspections Section, 80.49; 310 CMR Chapter 40, Massachusetts Contingency Plan: Subpart B: Organization and Responsibilities, The Role of Licensed Site Professionals Section, 40.0169; and other provisions of Chapter 40.0000 Subparts A-P insofar as they do not relate to underground storage tanks and with respect to underground storage tanks insofar as they are broader in scope than the federal requirements.

(2) Statement of Legal Authority. The Attorney General's Statements, signed by the Attorney General of Massachusetts on August 18, 1993, and March 2, 2017, 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.

(3) Demonstration of procedures for adequate enforcement. The “Demonstration of Procedures for Adequate Enforcement” submitted as part of the original application on October 5, 1992, and as part of the program revision application for approval on June 21, 2017 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 original application on October 5, 1992, and as part of the program revision application on June 21, 2017, 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 1 and the Massachusetts Department of Environmental Protection, signed by the EPA Regional Administrator on November 21, 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.

[84 FR 34318, July 18, 2019]

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§282.72   [Reserved]

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§282.73   Minnesota State-Administered Program.

(a) The State of Minnesota's underground storage tank program is approved in lieu of the Federal program in accordance with Subtitle I of the Resource Conservation and Recovery Act of 1976 (RCRA), as amended, 42 U.S.C. 6991 et seq. The State's program, as administered by the Minnesota Pollution Control Agency, was approved by EPA pursuant to 42 U.S.C. 6991c and part 281 of this chapter. EPA approved the Minnesota underground storage tank program on November 30, 2001, and approval was effective on December 31, 2001.

(b) Minnesota has primary responsibility for enforcing its underground storage tank program. However, EPA retains the authority to exercise its inspection and enforcement authorities in accordance with sections 9005 and 9006 of Subtitle I of RCRA, 42 U.S.C. 6991d and 6991e, regardless of whether the State has taken its own actions, as well as in accordance with other statutory and regulatory provisions.

(c) To retain program approval, Minnesota must revise its approved program to adopt new changes to the Federal Subtitle I program that make it more stringent, in accordance with section 9004 of RCRA, 42 U.S.C. 6991c, and 40 CFR part 281, subpart E. If Minnesota obtains approval for the 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) Minnesota has final approval for the following elements submitted to EPA in the State's program application for final approval. On November 30, 2001, EPA published a rule approving the State's program in the Federal Register, 66 FR 59713. That approval became effective on December 31, 2001. Copies of Minnesota's program application may be obtained from the Minnesota Pollution Control Agency, UST/LUST Program, 520 Lafayette Road North, St. Paul, MN 55155-3898.

(1) State statutes and regulations. (i) The provisions cited in paragraph (d)(1)(i) of this section are incorporated by reference as part of the approved underground storage tank program in accordance with Subtitle I of RCRA, 42 U.S.C. 6991 et seq.

(A) Minnesota Statutory Requirements Applicable to the Underground Storage Tank Program, 2000.

(B) Minnesota Regulatory Requirements Applicable to the Underground Storage Tank Program, 2000.

(ii) EPA considered the following statutes and regulations in evaluating the State program, but did not incorporate them by reference.

(A) The statutory provisions include:

(1) Minnesota Statutes, Chapter 13, Government Data Practices

M. S. 13.08   Civil remedies

M. S. 13.09   Penalties

(2) Minnesota Statutes, Chapter 115, Water Pollution Control; Sanitary Districts

M. S. 115.04   Disposal Systems and Point Sources; subd. 1, 2, 3: Information; Examination of records; Access to premises

M. S. 115.071   Enforcement

M. S. 115.072   Recovery of Litigation Costs and Expenses

(3) Minnesota Statutes, Chapter 115B, Environmental Response and Liability

M. S. 115B.17   State response to releases; subd. 4: Access to information and property

M. S. 115B.175   Voluntary Response Actions; Liability Protection; Procedures

M. S. 115B.177   Owner of Real Property Affected by Off-Site Release

M. S. 115B.178   Association with Release; Commissioner's Determination

M. S. 115B.18   Failure to Take Requested Action; Civil Penalties; Action to Compel Performance; Injunctive Relief

(4) Minnesota Statutes, Chapter 115C, Petroleum Tank Release Cleanup

M. S. 115C.04   Liability for Response Costs

M. S. 115C.05   Civil Penalty

M. S. 115C.09   Reimbursement; subd. 5(b), 6: Return of reimbursement; Fraud

M. S. 115C.113   Orders

M. S. 115C.12   Appeal of reimbursement determination

(5) Minnesota Statutes, Chapter 116, Pollution Control Agency

M. S. 116.07   Powers and Duties; subd. 9(b): Orders; investigations

M. S. 116.072   Administrative Penalties

M. S. 116.073   Field Citations

M. S. 116.091   Systems and Facilities

M. S. 116.11   Emergency Powers

(6) Minnesota Statutes, Chapter 116B, Environmental Rights

M. S. 116B.03   Civil Actions

M. S. 116B.07   Relief

(B) The regulatory provisions include:

(1) Minnesota Rules of Civil Procedure

Rule 24.01   Intervention of Right

Rule 24.02   Permissive Intervention

(2) Minnesota Rules, Chapter 2890, Petroleum Tank Releases

2890.0100   Review and Determination

2890.0110   Right to Appeal

2890.0130   Action on Notice of Lien Filing

(3) Minnesota Rules, Chapter 7000, Procedural Rule

M. S. 7000.0300   Duty of Candor

M. S. 7000.0900   Informal Complaints

M. S. 7000.1200   Inspection of Public Records

M. S. 7000.1300   Confidential Information

(iii) The following statutory and regulatory provisions are broader in scope than the Federal program, are not part of the approved program, and are not incorporated by reference. These provisions are not federally enforceable.

(A) The statutory provisions include:

(1) Minnesota Statutes, Chapter 115C, Petroleum Tank Release Cleanup

M. S. 115C.03   Response to releases [insofar as subd. 10 imposes recordkeeping requirements on contractors and consultants.]

M. S. 115C.045   Kickbacks [insofar as it applies to individuals other than UST system owners and operators.]

M. S. 115C.065   Consultants' or Contractors' duty to notify [insofar as it imposes notification requirements on contractors and consultants.]

M. S. 115C.08   Petroleum tank fund [insofar as subd. 3 imposes a petroleum tank release cleanup fee on petroleum distributors.]

M. S. 115C.11   Consultants and contractors; sanctions [insofar as it applies to individuals other than UST system owners and operators.]

M. S. 115C.111   Consultant and contractor sanctions; actions based on conduct occurring before March 14, 1996 [insofar as it applies to individuals other than UST system owners and operators.]

M. S. 115C.112   Consultant and contractor sanctions; actions based on conduct occurring on and after March 14, 1996 [insofar as it applies to individuals other than UST system owners and operators.]

(2) Minnesota Statutes, Chapter 116, Pollution Control Agency

M. S. 116.46   Definitions [insofar as subd. 8 includes vessels, enclosures, or structures—which are exempt from the federal program—in the definition of UST.]

M. S. 116.47   Exemptions [insofar as paragraph (2) does not exclude from regulation USTs of 1,100 gallon capacity or more used to store heating oil for consumptive use.]

M. S. 116.48   Notification requirements [insofar as subd. 1(b) requires that the owner of an AST must notify the MPCA of the tank's status.]

M. S. 116.48   Notification requirements [insofar as subd. 2 imposes requirements on owners who discover an abandoned AST.]

M. S. 116.48   Notification requirements [insofar as subd. 3 imposes notification requirements on owners of ASTs removing a tank from service or changing the tank's service.]

M. S. 116.48   Notification requirements [insofar as subd. 4 places notification requirements on persons transferring the title to regulated substances to be placed directly into an UST.]

M. S. 116.48   Notification requirements [insofar as subd. 5 imposes notification requirements on sellers of ASTs.]

M. S. 116.48   Notification requirements [insofar as subd. 6 imposes notification requirements on owners who plan to transfer ownership of property containing an AST.]

M. S. 116.491   Tank installers training and certification [insofar as it applies to individuals other than UST system owners and operators.]

M. S. 116.492   Basement storage tanks; removal [insofar as it applies to a class of tanks not regulated under the federal program.]

(B) The regulatory provisions include:

(1) Minnesota Rules, Chapter 7105—Minnesota Pollution Control Agency, Water Quality Division, Underground Storage Tanks: Training (In addition to the other specific reasons noted, the following sections of Chapter 7105 are broader in scope, insofar as they set forth training requirements for persons not regulated under the federal program.)

7105.0010   Definitions [insofar as subp. 25 includes vessels, enclosures, and structures—which are exempt from the federal program—in the definition of UST.]

7105.0030   General Provisions; Certification requirements and deadlines; Certificate availability [insofar as subp. 1 and 2 require training for individuals not regulated under the federal program.]

7105.0040   Exclusions [insofar as it does not exclude from regulation heating oil storage tanks with a capacity of greater than 1,100 gallons.]

7105.0050   Contractor Certification

7105.0060   Supervisor Certification

7105.0070   Standards of Performance

7105.0080   Storage Tank Service Provider Training Course Requirements

7105.0090   Examinations and Diplomas

7105.0100   Approval of Certification Training Courses

7105.0110   Sanctions

7105.0120   Fees

7105.0130   Incorporation by Reference

(2) Minnesota Rules, Chapter 7150—Minnesota Pollution Control Agency, Water Quality Division, Underground Storage Tanks Program

7150.0010   Applicability [insofar as subp. 2 does not exclude from regulation liquid traps or associated gathering lines directly related to oil and gas production and gathering operations.]

7150.0010   Applicability [insofar as subp. 2(H) does not exclude from regulation heating oil storage tanks with a storage capacity of greater than 1,100 gallons.]

7150.0010   Applicability [insofar as subp. 5 does not exclude owners and operators of heating oil storage tanks with a storage capacity of greater than 1,100 gallons from notification requirements.]

7150.0030   Definitions [insofar as subp. 51 includes vessels, enclosures, and structures—which are exempt from the federal program—in the definition of UST.]

7150.0300   General Requirements for All Underground Storage Tank Systems [insofar as subp. 3 imposes release detection schedule requirements on hazardous material tanks not regulated under the federal program.]

(3) Minnesota Rules, Chapter 7510—Department of Public Safety, Fire Marshal Division, Fire Safety

7510.3670   Liquefied Petroleum Gases; Section 8203: Installation of Containers [insofar as it regulates ASTs.]

(2) Statement of legal authority. (i) “Attorney General's Statement,” signed by the State Attorney General on September 12, 2000, though not incorporated by reference, is referenced as part of the approved underground storage tank program in accordance with Subtitle I of RCRA, 42 U.S.C. 6991 et seq.

(ii) Letter from the Attorney General of Minnesota to EPA, September 12, 2000, though not incorporated by reference, is referenced as part of the approved underground storage tank program in accordance with Subtitle I of RCRA, 42 U.S.C. 6991 et seq.

(3) Demonstration of procedures for adequate enforcement. The “Demonstration of Procedures for Adequate Enforcement” submitted as part of the original application on May 11, 2000, though not incorporated by reference, is referenced as part of the approved underground storage tank program in accordance with 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 original application on May 11, 2000, though not incorporated by reference, are referenced as part of the approved underground storage tank program in accordance with Subtitle I of RCRA, 42 U.S.C. 6991 et seq.

(5) Memorandum of Agreement. The Memorandum of Agreement between EPA Region 5 and the Minnesota Pollution Control Agency, signed by the EPA Regional Administrator on November 14, 2001, though not incorporated by reference, is referenced as part of the approved underground storage tank program in accordance with Subtitle I of RCRA, 42 U.S.C. 6991 et seq.

[70 FR 29360, May 24, 2005]

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§282.74   Mississippi State-Administered Program.

(a) The State of Mississippi is approved to administer and enforce an underground storage tank 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 program, as administered by the Mississippi Department of Environmental Quality, was approved by EPA pursuant to 42 U.S.C. 6991c and part 281 of this chapter. EPA approved the Mississippi program on June 11, 1990 and it was effective on July 11, 1990.

(b) Mississippi has primary responsibility for enforcing its underground storage tank program. However, EPA retains the authority to exercise its inspection and enforcement authorities under sections 9005 and 9006 of subtitle I of RCRA, 42 U.S.C. 6991d and 6991e, as well as under other statutory and regulatory provisions.

(c) To retain program approval, Mississippi must revise its approved 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 Mississippi obtains approval for the 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) Mississippi has final approval for the following elements submitted to EPA in the State's program application for final approval and approved by EPA on June 11, 1990. Copies may be obtained from the Underground Storage Tank Program, Mississippi Department of Environmental Quality, 2380 Highway 80 West, Jackson, MS 39289-0385.

(1) State statutes and regulations. (i) The provisions cited in this paragraph are incorporated by reference as part of the underground storage tank program under subtitle I of RCRA, 42 U.S.C. 6991 et seq.

(A) Mississippi Statutory Requirements Applicable to the Underground Storage Tank Program, 1996.

(B) Mississippi Regulatory Requirements Applicable to the Underground Storage Tank Program, 1996.

(ii) The following statutes and regulations are part of the approved state program, although not incorporated by reference herein for enforcement purposes.

(A) The statutory provisions include:

(1) Mississippi Code of 1972, Title 49, Sections 49-17-401 through 49-17-435, Underground Storage Tank Act of 1988, as amended.

49-17-415   Obligations of owners and operators of tanks; powers of commission or representatives

49-17-427   Proceedings before commission; penalties for violations of Sections 49-17-401 through 49-17-433

49-17-431   Appeal rights

(2) Mississippi Code of 1972, Title 49, Chapter 17, Pollution of Waters, Streams, and Air.

49-17-17   Powers and duties

49-17-27   Emergency orders; public notice of emergency situations

49-17-31   Proceedings before commission

49-17-33   Hearings

49-17-35   Request for hearing

49-17-41   Administrative appeals; appeals to chancery court; appeals to supreme court

49-17-43   Penalties

(3) Mississippi Code of 1972, Title 49, Chapter 2, Department of Environmental Quality.

49-2-9   Commission on Environmental Quality; powers and duties

49-2-13   Powers and duties of executive director

(4) Mississippi Code of 1972, Title 17, Chapter 17, Solid Wastes Disposal.

17-17-29   Penalties; injunction; recovery of cost of remedial action; disposition of fines

(B) The regulatory provisions include:

(1) Mississippi Groundwater Protection Trust Fund Regulations.

Section XX   Enforcement Actions

(2) [Reserved]

(iii) The following statutory and regulatory provisions are broader in scope than the federal program, are not part of the approved program, and are not incorporated by reference herein for enforcement purposes.

(A) The statutory provisions include:

(1) Mississippi Code of 1972, Title 49, Sections 49-17-401 through 49-17-433, Underground Storage Tank Act of 1988.

49-17-429   Certification to install, alter or remove underground storage tanks

(2) [Reserved]

(B) The regulatory provisions include:

(1) Underground Storage Tank Regulations for the Certification of Persons who Install, Alter, and Remove Underground Storage Tanks.

Section I   General Intent

Section II   Legal Authority

Section III   Definitions

Section IV   Applicability

Section V   General Requirements

Section VI   Certification Requirements

Section VII   Testing

Section VIII   Certification

Section IX   Certification Renewals

Section X   Continuing Education

Section XI   Lapsed Certification

Section XII   Revocation, Denial, and Non-Renewal of Certificates

Section XIII   Enforcement and Appeals

Section XIV   Property Rights

(2) Mississippi Groundwater Protection Trust Fund Regulations.

Section IV   Immediate Response Action Contractor (IRAC) Application Process

Section V   IRAC Application Review

Section VI   IRAC Performance Standards

Section VII   Denial of IRAC Applications

Section VIII   Removal from the Approved List of IRAC's

Section IX   Engineering Response Action Contractor (ERAC) Application Process

Section X   ERAC Submittal of Documentation Requested By the Department

Section XI   ERAC Performance Standards

Section XII   Removal from the Approved List of ERAC's

Section XIII   Denial of ERAC Applications

(2) Statement of legal authority. (i) “Attorney General's Statement for Final Approval”, signed by the State Attorney General on August 15, 1989, 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.

(ii) Letter from the Attorney General of Mississippi to EPA, August 15, 1989, 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 Procedures for Adequate Enforcement” submitted as part of the original application on August 14, 1989, 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 original application on August 14, 1989, 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 the Mississippi Department of Environmental Quality, approved by the EPA Regional Administrator, as part of the delegation package which received final program approval on June 11, 1990, 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 28366, May 23, 1997]

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§282.75   [Reserved]

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§282.76   Montana State-Administered Program.

(a) History of the approval of Montana's Program. The State of Montana is approved to administer and enforce an underground storage tank 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 program, as administered by the Montana Department of Environmental Quality (MDEQ), was approved by the EPA pursuant to 42 U.S.C. 6991c and Part 281 of this chapter. The EPA published the notice of final determination approving the Montana underground storage tank base program effective on March 4, 1996. A subsequent program revision application was approved by the EPA and became effective on October 15, 2019.

(b) Enforcement authority. Montana has primary responsibility for administering and enforcing its federally approved underground storage tank program. However, the 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, Montana must revise its approved program to adopt new changes to the Federal Subtitle I program, in accordance with section 9004 of RCRA, 42 U.S.C. 6991c, and 40 CFR part 281, subpart E. If Montana obtains approval for the 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. Montana has final approval for the following elements of its program application originally submitted to the EPA and approved effective March 4, 1996, and the program revision application approved by EPA effective on October 15, 2019:

(1) State statutes and regulations—(i) Incorporation by reference. The material cited in this paragraph is incorporated by reference as part of the underground storage tank program under Subtitle I of RCRA, 42 U.S.C. 6991 et seq. (See §282.2 for incorporation by reference approval and inspection information.) 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 obtain copies of the Montana statutes and regulations that are incorporated by reference in this paragraph from Montana Legislative Services Division, P.O. Box 201706, Helena, MT 59620-1706; Phone number: (406) 444-3064; email: [email protected]; website: https://leg.mt.gov/statute/, and Montana's Secretary of State's Administrative Rules Services, P.O. Box 202801, Helena, MT 59620-2801; Phone number: 406-444-9000; email: [email protected]; website: http://www.mtrules.org/.

(A) “EPA-Approved Montana Statutory and Regulatory Requirements Applicable to the Underground Storage Tank Program” dated May 2019.

(B) [Reserved]

(ii) Legal basis. EPA evaluated the following statutes and regulations which provide the legal basis for the State's implementation of the underground storage tank program, but they are not being incorporated by reference and do not replace Federal authorities:

(A) The statutory provisions include:

(1) Montana Code Annotated (2017), Title 75 Environmental Protection, Chapter 11 Underground Storage Tanks, Part 2 Underground Storage Tank Installer and Inspector Licensing and Permitting Act. Sections 75-11-203(2), (3), (6), and (7); 75-11-204(1) introductory paragraph; 75-11-218 through 75-11-220; 75-11-223; 75-11-224; and 75-11-232;

(2) Montana Code Annotated (2017), Title 75 Environmental Protection, Chapter 11 Underground Storage Tanks, Part 5 Montana Underground Storage Tank Act. Sections 75-11-504; 75-11-505(1); 75-11-510 through 75-11-521; 75-11-525; and 75-11-526; and

(3) Additional statutes. The following additional statutes that the State relies on for its enforcement program with respect to Spill Management and Reporting: The Comprehensive Environmental Cleanup and Responsibility Act, MCA section 75-10-701 et seq.; the Hazardous Waste Act, MCA Section 75-10-401 et seq.; the Solid Waste Management Act MCA section 75-10-201 et seq.; and, the Water Quality Act MCA section 75-5-101 et seq.

(B) The regulatory provisions include:

(1) Administrative Rules of Montana (October 6, 2018), Title 17 Department of Environmental Quality, Chapter 56 Underground Storage Tanks Petroleum and Chemical Substances. Section 17.56.105 Variances; 17.56.309 Requirements for Compliance Inspections; 17.56.311 Permanent Non-Expiring Tags; 17.56.312 Delivery Prohibition; 17.56.508 Numbering Petroleum Releases; section 17.56.606 Public Participation; 17.56.607 Release Categorization; and 17.56.706 Requirement to empty noncompliance USTs.

(2) [Reserved]

(iii) Provisions not incorporated by reference. The following specifically identified statutes and rules applicable to the Montana underground storage tank program that are broader in coverage than the Federal program, are not part of the approved program, and are not incorporated by reference in this part for enforcement purposes:

(A) Administrative Rules of Montana (October 6, 2018), Title 17 Department of Environmental Quality, Chapter 56 Underground Storage Tanks Petroleum and Chemical Substances. Sections 17.56.102(3)(e); 17.56.308; 17.56.310; 17.56.402(1)(a)(iii); 17.56.701(4); 17.56.903(3); 17.56.1001; and 17.56.1502(1) as it applies to permits; subchapter 13, sections 17.56.1301 through 17.56.1309 and subchapter 14, sections 17.56.1401 through 17.56.1426.

(B) Montana Code Annotated (2017), Title 75 Environmental Protection, Chapter 11 Underground Storage Tanks, Part 5 Montana Underground Storage Tank Act. Sections 75-11-203(1), (4), (5), (8)-(10), (14), and (15); 75-11-204(1)(a)-(h) and (2); 75-11-209 through 75-11-214; 75-11-225 through 75-11-227; 75-11-503(8) “underground storage tank” or “tank” as it applies to aboveground storage tanks; 75-11-505(1)(f); and 75-11-509.

(2) Statement of legal authority. The Attorney General's Certification, signed by the Acting Chief Counsel, Special Assistant Attorney General for the State of Montana on November 13, 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 Procedures for Adequate Enforcement” submitted as part of the original application on February 22, 1995, and as part of the program revision application on November 13, 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 original application on February 22, 1995, and as part of the program revision application on November 13, 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 8 and the Montana Department of Environmental Quality, signed by the EPA Regional Administrator on September 25, 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.

[84 FR 41641, Aug. 15, 2019]

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§282.77   [Reserved]

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§282.78   Nevada State-Administered Program.

(a) The State of Nevada is approved to administer and enforce an underground storage tank 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 program, as administered by the Nevada Division of Environmental Protection was approved by EPA pursuant to 42 U.S.C. 6991c and part 281 of this chapter. EPA approved the Nevada program on December 24, 1992 and it was effective March 30, 1993.

(b) Nevada has primary responsibility for enforcing its underground storage tank program. However, EPA retains the authority to exercise its inspection and enforcement authorities under sections 9005 and 9006 of Subtitle I of RCRA, 42 U.S.C. 6991d and 6991e, as well as under other statutory and regulatory provisions.

(c) To retain program approval, Nevada must revise its approved program to adopt new changes to the Federal Subtitle I program, which makes it more stringent in accordance with section 9004 of RCRA, 42 U.S.C. 6991c, and 40 CFR part 281, subpart E. If Nevada obtains approval for the 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) Nevada has final approval for the following elements submitted to EPA in Nevada's program application for final approval and approved by EPA on December 24, 1992. Copies may be obtained from the Nevada State Office Library, Board Room, 100 Stewart Street, Carson City, Nevada 89710.

(1) State statutes and regulations. (i) The provisions cited in this paragraph are incorporated by reference as part of the underground storage tank program under Subtitle I of RCRA, 42. U.S.C. 6991 et seq.

(A) Nevada Statutory Requirements Applicable to the Underground Storage Tank Program, 1992.

(B) Nevada Regulatory Requirements Applicable to the Underground Storage Tank Program, 1992.

(ii) The following statutes and regulations are part of the approved state program, although not incorporated by reference herein for enforcement purposes.

(A) The statutory provisions include: Nevada Revised Statutes 459 Underground Storage Tank Program (1992) Sections 459.826, 459.830, 459.832, 459.834, 459.844, 459.846, 459.848, 459.850, 459.852, 459.854, and 459.856.

(B) The regulatory provisions include: none.

(iii) The following statutory and regulatory provisions are broader in scope than the Federal program, are not part of the approved program, and are not incorporated by reference herein for enforcement purposes: none.

(2) Statement of legal authority. (i) “Attorney General's Statement of Final Approval,” signed by the Attorney General of Nevada on December 1, 1992, 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.

(ii) Letter from the Attorney General of Nevada to EPA, dated December 1, 1992, 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 Procedures for Adequate Enforcement” submitted as part of the original application of October 1, 1992, 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 original application in October 1992, 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 9 and the Nevada Division of Environmental Protection, signed by the EPA Regional Administrator on December 17, 1992, 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.

[63 FR 38500, July 17, 1998]

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§282.79   New Hampshire State-Administered Program.

(a) The State of New Hampshire is approved to administer and enforce an underground storage tank 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 program, as administered by the New Hampshire Department Environmental Services (NH DES), was approved by EPA pursuant to 42 U.S.C. 6991c and 40 CFR part 281. EPA approved the New Hampshire program on June 19, 1991, which was effective on July 19, 1991.

(b) New Hampshire has primary responsibility for administering and enforcing its federally approved underground storage tank program. However, EPA retains the authority to exercise its inspection and enforcement authorities under sections 9005 and 9006 of Subtitle I of RCRA, 42 U.S.C. 6991d and 6991e, as well as under any other applicable statutory and regulatory provisions.

(c) To retain program approval, New Hampshire must revise its approved program to adopt new changes to the Federal Subtitle I program which makes it more stringent, in accordance with Section 9004 of RCRA, 42 U.S.C. 6991c and 40 CFR part 281, subpart E. If New Hampshire obtains approval for the 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 notification of any change will be published in the Federal Register.

(d) New Hampshire has final approval for the following elements of its program application originally submitted to EPA and approved effective July 19, 1991, and the program revision application approved by EPA, effective on December 31, 2019.

(1) State statutes and regulations—(i) Incorporation by reference. The material cited in this paragraph (d)(1)(i), and listed in appendix A to this part, is incorporated by reference as part of the underground storage tank program under Subtitle I of RCRA, 42 U.S.C. 6991 et seq. (See §282.2 for incorporation by reference approval and inspection information.) You may obtain copies of the New Hampshire regulations and statutes that are incorporated by reference in this paragraph (d)(1)(i) from Oil Compliance Section Supervisor, New Hampshire DES, PO Box 29, Concord, NH 03302-0029; Phone number: 603-271-6058; Hours: Monday-Friday, 8:00 a.m. to 4:00 p.m.; link to statutes and regulations: NH RSA 21-O: http://www.gencourt.state.nh.us/rsa/html/l/21-O-mrg.htm; NH RSA 91-A: http://www.gencourt.state.nh.us/rsa/html/vi/91-a/91-a-mrg.htm; NH RSA 146-C: http://www.gencourt.state.nh.us/rsa/html/X/146-C/146-C-mrg.htm; NH RSA 485-C: http://www.gencourt.state.nh.us/rsa/html/NHTOC/NHTOC-L-485-C.htm; NHDES Env-Or 400: https://www.des.nh.gov/organization/commissioner/legal/rules/documents/env-or400.pdf; NHDES Env-Or 600: https://www.des.nh.gov/organization/commissioner/legal/rules/documents/env-or600.pdf.

(A) “New Hampshire Statutory and Regulatory Requirements Applicable to the Underground Storage Tank Program, October 2018.”

(B) [Reserved]

(ii) Legal basis. EPA evaluated the following statutes and regulations which are part of the approved program, but they are not being incorporated by reference for enforcement purposes, and do not replace Federal authorities:

(A) The statutory provisions include:

(1) New Hampshire Revised Statutes Annotated, Title I, The State and its Government, Chapter 21-O, Department of Environmental Services, Section 21-O:9. Waste Management Council; Section 21-O:14 Administrative Appeals.

(2) New Hampshire Revised Statutes Annotated, Title X, Public Health, Chapter 146-C Underground Storage Facilities, Section C:5 Records Required, Inspections; Section C:9-a Orders, Injunctions; Section C:10 Penalty; Section C:10-a Administrative Fines; Section C:11 Liability for Cleanup Costs, Municipal Regulations; Section C:13 Penalty, Persons Strictly Liable; Section C:14 Delivery Prohibition; Section C:15 Non-Compliant Storage Tanks or Facilities, Red-Tagging Procedure; Section C:16 Appeals.

(3) New Hampshire Revised Statutes Annotated, Title L, Water Management and Protection, Chapter 485-C Groundwater Protection Act, Section C:15 Investigation and Inspections; Section C:16 Cease and Desist Orders; Section C:17 Appeals; Section C:18 Administrative Fines; Section C:19 Penalties and Other Relief.

(4) New Hampshire Revised Statutes Annotated, Title LV, Proceedings in Special Cases, Chapter 541 Rehearings and Appeals in Certain Cases.

(B) The regulatory provisions include:

(1) New Hampshire Code of Administrative Rules, Chapter Env-Or 400 Underground Storage Tank Facilities: 404.05(b)(3) Signature Required; 404.11 Suspension or Revocation of Permit to Operate.

(2) [Reserved]

(iii) Provisions not incorporated by reference. The following specifically identified statutory and regulatory provisions applicable to the New Hampshire's UST program are broader in scope than the Federal program, are not part of the approved program, and are not incorporated by reference herein for enforcement purposes:

(A) New Hampshire Code of Administrative Rules, Chapter Env-Or 400 Underground Storage Tank Facilities: 405.05(f) and (g) Spill Containment; 405.07(a)(2) Dispensing Areas; 405.12(a) Day Tank Markings Required; 406.12(c) Spill Containment Integrity Testing; 407.01(a) Application for Approval of UST Systems; 407.06(b-e), (g) and (h) UST System Design Requirements; 408.05(f) Permanent Closure Required; Part Env-Or 409 Waivers.

(B) [Reserved]

(2) Statement of legal authority. The Attorney General's Statements, signed by the Attorney General of New Hampshire on November 1, 1990, and June 3, 2019, 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.

(3) Demonstration of procedures for adequate enforcement. The “Demonstration of Procedures for Adequate Enforcement” submitted as part of the original application on January 8, 1991, and as part of the program revision application for approval on June 24, 2019 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 original application on January 8, 1991, and as part of the program revision application on June 24, 2019, 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 1 and the New Hampshire Department of Environmental Services, signed by the EPA Regional Administrator on February 12, 2019 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.

[84 FR 58631, Nov. 1, 2019]

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§282.80   [Reserved]

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§282.81   New Mexico State-Administered Program.

(a) The State of New Mexico is approved to administer and enforce an underground storage tank 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 program, as administered by the New Mexico Environmental Improvement Board, was approved by EPA pursuant to 42 U.S.C. 6991c and part 281 of this Chapter. EPA approved the New Mexico program on August 21, 1990 and it was effective on November 16, 1990.

(b) New Mexico has primary responsibility for enforcing its underground storage tank program. However, EPA retains the authority to exercise its inspection and enforcement authorities under sections 9005 and 9006 of subtitle I of RCRA, 42 U.S.C. 6991d and 6991e, as well as under other statutory and regulatory provisions.

(c) To retain program approval, New Mexico must revise its approved 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 New Mexico obtains approval for the 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) New Mexico has final approval for the following elements submitted to EPA in New Mexico's program application for final approval and approved by EPA on August 21, 1990. Copies may be obtained from the Underground Storage Tank Program, New Mexico Environmental Improvement Board, 1190 St. Francis Drive, Santa Fe, NM 87503.

(1) State statutes and regulations. (i) The provisions cited in this paragraph are incorporated by reference as part of the underground storage tank program under subtitle I of RCRA, 42 U.S.C. 6991 et seq.

(A) New Mexico Statutory Requirements Applicable to the Underground Storage Tank Program, 1995.

(B) New Mexico Regulatory Requirements Applicable to the Underground Storage Tank Program, 1995.

(ii) The following statutes and regulations are part of the approved state program, although not incorporated by reference herein for enforcement purposes.

(A) The statutory provisions include:

(1) New Mexico Statutes 1978 Annotated, Chapter 74, Environmental Improvement.

(i) Article 4: Hazardous Wastes.

74-4-4.2   Permits; Issuance; Denial; Modification; Suspension; Revocation

74-4-4.3   Entry; Availability of Records

74-4-10   Enforcement; Compliance Orders; Civil Penalties

74-4-11   Penalty; Criminal

74-4-12   Penalty; Civil

74-4-13   Imminent Hazards; Authority of Director; Penalties

74-4-14   Administrative Actions; Judicial Review

(ii) Article 6: Water Quality.

74-6-7   Administrative Action; Judicial Review

74-6-10   Penalties Enforcement; Compliance Orders; Penalties; Assurance of Discontinuance

74-6-10.1   Civil Penalties

74-6-10.2   Criminal Penalties

74-6-11   Emergency; Powers of Delegated Constituent Agencies; Penalties

(iii) Article 6B: Ground Water Protection.

74-6B-5   Department's Right of Entry and Inspection

(B) The regulatory provisions include:

(1) State of New Mexico Environmental Improvement Board Underground Storage Tank Regulations.

(i) Part X: Administrative Review.

§1000   Informal Review

§1001   Review By the Director on Written Memoranda

§1002   Public Participation

(2) New Mexico Rules Governing Appeals From Compliance Orders Under the Hazardous Waste Act and the Solid Waste Act.

(i) Part I: General Provisions.

§101   Authority

§102   Scope of Rules; Applicability of Rules of Civil Procedure

§103   Definitions

§104   Use of Number and Gender

§105   Powers and Duties of the Director, Hearing Officer, and Hearing Clerk

§106   Computation and Extension of Time

§107   Ex Parte Discussions

§108   Examination of Documents Filed

§109   Settlement; Consent Agreement

(ii) Part II: Document Requirements.

§201   Filing, Service, and Form of Documents

§202   Filing and Service of Documents Issued by Hearing Officer

§203   Compliance Order

§204   Request for Hearing; Answer to Compliance Order

§205   Notice of Docketing; Notice of Hearing Officer Assignment

§206   Motions

(iii) Part III: Prehearing Procedures and Discovery.

§301   General Rules Regarding Discovery

§302   Identity of Witnesses

§303   Production of Documents

§304   Request for Admissions

§305   Subpoenas

§306   Other Discovery

(iv) Part IV: Hearing Procedures.

§401   Scheduling the Hearing

§402   Evidence

§403   Objections and Offers of Proof

§404   Burden of Presentation; Burden of Persuasion

(v) Part V: Post-Hearing Procedures.

§501   Filing the Transcript

§502   Proposed Findings, Conclusions and Orders

§503   Recommended Decision

§504   Final Order by Director

§505   Judicial Review

(vi) Part VI: Miscellaneous Provisions.

§601   Liberal Construction

§602   Severability

§603   Supersession of Prior Rules

§604   Savings Clause

(iii) The following statutory and regulatory provisions are broader in scope than the federal program, are not part of the approved program, and are not incorporated by reference herein for enforcement purposes.

(A) New Mexico Statutes 1978 Annotated, Chapter 74, Environmental Improvement.

(1) 74-4-4.4   Underground Storage Tanks; Registration; Installer Certification; Fees [Insofar as it applies to individuals other than UST owners and operators.]

(B) State of New Mexico Environmental Improvement Board Underground Storage Tank Regulations.

(1) Part I: General Provisions.

§103   Applicability [Insofar as it does not exclude UST systems with de minimis concentrations of regulated substances; emergency spill or overflow containment UST systems expeditiously emptied after use; UST systems that are part of emergency generator systems at nuclear power generation facilities; airport hydrant fuel distribution systems; and UST systems with field-constructed tanks; and does not defer emergency power generator UST systems.]

(2) Part XIV: Certification of Tank Installers [Insofar as it applies to individuals other than UST owners and operators.]

§1400   Purpose

§1401   Legal Authority

§1402   Definitions

§1403   Applicability

§1404   General Requirements

§1405   Contractor Certification

§1406   Individual Certification

§1407   Experience Requirements

§1408   Written Examination

§1409   On-Site Examination

§1410   Approval of Comparable Certification Programs

§1411   Denial of Certificates

§1412   Renewal of Certificates

§1413   Installer Duties and Obligations

§1414   Division Approval of Training and Continuing Education

§1415   Complaints

§1416   Investigations, Enforcement, Penalties

§1417   Division Actions Against Certificates

(2) Statement of legal authority. (i) “Attorney General's Statement for Final Approval”, signed by the Attorney General of New Mexico on June 25, 1990, 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.

(ii) Letter from the Attorney General of New Mexico to EPA, June 25, 1990, 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 Procedures for Adequate Enforcement” submitted as part of the original application on September 25, 1989, 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 original application on September 25, 1990, 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 6 and the New Mexico Environmental Improvement Board, signed by the EPA Regional Administrator on September 13, 1990, 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.

[61 FR 1217, Jan. 18, 1996]

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§282.82   [Reserved]

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§282.83   North Carolina State-Administered Program.

(a) The State of North Carolina is approved to administer and enforce an underground storage tank 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 program, as administered by the North Carolina Department of Environment and Natural Resources, Division of Waste Management, UST Section, was approved by EPA pursuant to 42 U.S.C. 6991c and part 281 of this chapter. EPA approved the North Carolina program on April 26, 2001 with an effective date of August 14, 2001.

(b) North Carolina has primary responsibility for enforcing its underground storage tank program. However, EPA retains the authority to exercise its inspection and enforcement authorities under sections 9005 and 9006 of subtitle I of RCRA, 42 U.S.C. 6991d and 6991e, as well as under other statutory and regulatory provisions.

(c) To retain program approval, North Carolina must revise its approved 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 North Carolina obtains approval for the 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) North Carolina has final approval for the following elements submitted to EPA in the State's program application for final approval and approved by EPA on April 26, 2001. Copies may be obtained from the North Carolina Department of Environment and Natural Resources, Division of Waste Management, UST Section, 2728 Capital Blvd., Raleigh, NC 27604.

(1) State statutes and regulations. (i) The provisions cited in this paragraph are incorporated by reference as part of the underground storage tank program under subtitle I of RCRA, 42 U.S.C. 6991 et seq.

(A) North Carolina Statutory Requirements Applicable to the Underground Storage Tank Program, 1997.

(B) North Carolina Regulatory Requirements Applicable to the Underground Storage Tank Program, 1997 and 1998.

(ii) The following statutes and regulations are part of the approved state program, although not incorporated by reference herein for enforcement purposes.

(A) The statutory provisions include:

(1) General Statutes of North Carolina, Chapter 143—State Departments, Institutions, and Commissions; Article 21, Water and Air Resources

§143-215.6A   Enforcement procedures: civil penalties

§143-215.6B   Enforcement procedures: criminal penalties

§143-215.6C   Enforcement procedures: injunctive relief

(2) General Statutes of North Carolina, Chapter 143—State Departments, Institutions, and Commissions; Article 21A, Oil Pollution and Hazardous Substances Control

§143-215.79   Inspections and investigations; entry upon property

§143-215.88A   Enforcement procedures: civil penalties

§143-215.88B   Enforcement procedures: criminal penalties

§143-215.91A   Limited liability for volunteers in oil and hazardous substance abatement

§143-215.94   Joint and several liability

§143-215.94F   Limited amnesty

§143-215.94G   Authority of the Department to engage in cleanups; actions for fund reimbursement (Insofar as (e) outlines enforcement authorities.)

§143-215.94K   Enforcement

§143-215.94W   Enforcement procedures: civil penalties

§143-215.94Y   Enforcement procedures: criminal penalties

§143-215.94Z   Enforcement procedures: injunctive relief

(3) General Statutes of North Carolina, Chapter 143B—Executive Organization Act of 1973

§143B-282   Environmental Management Commission—Creation; powers and duties

§143B-282.1   Environmental Management Commission—quasi-judicial powers; procedures

(4) General Statutes of North Carolina, Chapter 150B—Administrative Procedure Act

§150B-23   Commencement; assignment of administrative law judge; hearing required; notice; intervention

(5) General Statutes of North Carolina, Chapter 1A—Rules of Civil Procedure

Rule 24   Intervention

(B) The regulatory provisions include:

(1) North Carolina Administrative Code, Title 15A—Department of Environment and Natural Resources; Chapter 2, Subchapter 2N, Underground Storage Tanks

Section .0100   General Considerations (Insofar as .0101(c) provides inspection and enforcement authority.)

(2) North Carolina Administrative Code, Title 15A—Department of Environment and Natural Resources; Chapter 2, Subchapter 2O: Financial Responsibility Requirements for Owners and Operators of Underground Storage Tanks

Section .0100   General Considerations (Insofar as .0101(c) provides inspection and enforcement authority.)

(3) North Carolina Administrative Code, Title 15A—Department of Environment and Natural Resources; Chapter 2, Subchapter 2P: Leaking Petroleum Underground Storage Tank Cleanup Funds

Section .0100   General Considerations (Insofar as .0101(d) provides inspection and enforcement authority.)

(iii) The following statutory and regulatory provisions are broader in scope than the Federal program, are not part of the approved program, and are not incorporated by reference herein for enforcement purposes.

(A) The statutory provisions include:

(1) General Statutes of North Carolina, Chapter 143—State Departments, Institutions, and Commissions; Article 21A, Oil Pollution and Hazardous Substances Control

§143-215.83   Discharges (Insofar as (c) addresses permit requirements.)

§143-215.92   Lien on vessel (Insofar as it addresses vessels, which are not regulated by the Federal program.)

§143-215.94A   Definitions (Insofar as .94A(2) subjects certain heating oil tanks and the piping connected to otherwise excluded tanks to the regulatory requirements.)

§143-215.94C   Commercial leaking petroleum underground storage tank cleanup fees (Insofar as it establishes annual operating fees.)

§143-215.94U   Registration of petroleum commercial underground storage tanks; operation of petroleum underground storage tanks; operating permit required (Insofar as it requires owners and operators to obtain operating permits and pay operating fees for their tanks, and imposes requirements on individuals other than UST owners and operators.)

(B) The regulatory provisions include:

(1) North Carolina Administrative Code, Title 15A—Department of Environment and Natural Resources; Chapter 2, Subchapter 2N, Underground Storage Tanks

Section .0200   Program Scope and Interim Prohibition (Insofar as .0201 subjects USTs containing de minimis concentrations of regulated substances to closure requirements)

Section .0800   Out-of-Service UST Systems and Closure Insofar as .0802 subjects USTs containing de minimis concentrations of regulated substances to closure requirements)

(2) North Carolina Administrative Code, Title 15A—Department of Environment and Natural Resources; Chapter 2, Subchapter 2O: Financial ResponsibilityRequirements for Owners and Operators of Underground Storage Tanks

Section .0200   Program Scope (Insofar as .0203(b)(1) defines “annual operating fee”)

Section .0400   Responsibilities of Owners and Operators (Insofar as .0402(b)(2) addresses annual operating fee requirements.)

(3) North Carolina Administrative Code, Title 15A—Department of Environment and Natural Resources; Chapter 2, Subchapter 2P: Leaking Petroleum Underground Storage Tank Cleanup Funds

Section .0200   Program Scope (Insofar as .0201(a) and (b) and .0202 (b)(1) relate to annual operating fees.)

Section .0300   Annual Operating Fees (Insofar as .0301 sets forth annual operating fee requirements.)

Section .0400   Reimbursement Procedure (Insofar as .0401(b) relates to annual operating fees.)

(2) Statement of legal authority. (i) “Attorney General's Statement for Final Approval”, signed by the State Attorney General on January 5, 1998, 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.

(ii) Letter from the Attorney General of North Carolina to EPA, August 11, 1998, 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.

(iii) Letter from the Attorney General of North Carolina to EPA, September 24, 1998, 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 Procedures for Adequate Enforcement” submitted as part of the original application on December 19, 1997, 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 original application on December 19, 1997, 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 the North Carolina Department of Environment and Natural Resources, Division of Waste Management, UST Section, signed by the EPA Regional Administrator on July 29, 1999, 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.

[66 FR 32568, June 15, 2001]

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§282.84   North Dakota State-Administered Program.

(a) History of the approval of North Dakota's Program. The State of North Dakota is approved to administer and enforce an underground storage tank 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 program, as administered by the North Dakota Department of Environmental Quality (DEQ) was approved by EPA pursuant to 42 U.S.C. 6991c and part 281 of this chapter. The EPA published the notice of final determination approving the North Dakota underground storage tank base program effective on December 10, 1991. A subsequent program revision application was approved by EPA and became effective on March 15, 2019.

(b) Enforcement authority. North Dakota has primary responsibility for administering and enforcing its federally approved underground storage tank 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) Approval. To retain program approval, North Dakota must revise its approved 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 North Dakota obtains approval for the 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) Program authorization. North Dakota has final approval for the following elements of its program application originally submitted to EPA and approved effective December 10, 1991, and the program revision application approved by EPA effective on March 15, 2019:

(1) State statutes and regulations—(i) Incorporation by reference. The North Dakota provisions cited in this paragraph and listed in Appendix A to this part, are incorporated by reference as part of the underground storage tank 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 obtain copies of the North Dakota regulations that are incorporated by reference in this paragraph from North Dakota Legislative Council, Second Floor, State Capitol, 600 E Boulevard Avenue, Bismarck, North Dakota 58504, phone 701-328-2916, website: https://www.legis.nd.gov/agency-rules/north-dakota-administrative-code. You may inspect a copy at EPA Region 8, 1595 Wynkoop Street, Denver, Colorado 80202 (Phone number 303-312-6231 or the National Archives and Records Administration (NARA). For information on the availability of the material at NARA, email [email protected] or go to https://www.archives.gov/federal-register/cfr/ibr-locations.html.

(A) “EPA-Approved North Dakota Regulatory Requirements Applicable to the Underground Storage Tank Program,” dated April 2019.

(B) [Reserved]

(ii) Legal basis. EPA evaluated the following statutes and regulations which provide the legal basis for the State's implementation of the underground storage tank program, but they are not being incorporated by reference and do not replace Federal authorities:

(A) The statutory provisions include: North Dakota Century Code (2019), Title 1 “General Provisions,” Chapter 1-01, “General Principles and Definitions,” Section 1-01-49(8) “Person;” Title 23.1 “Environmental Quality,” Chapter 01 “Department of Environmental Quality,” Sections 23.1-01-01 and 23.1-01-04; Chapter 04 “Hazardous Waste Management,” Sections 23.1-04-01 introductory paragraph, .1, .5, and .6; 23.1-04-02 introductory paragraph, .2, .9 through .11, and .16; 23.1-04-03; 23.1-04-06; and 23.1-04-12 through 23.1-04-15.

(B) The regulatory provisions include: North Dakota Administrative Code Chapter 33.1-24-08, Technical Standards and Corrective Action Requirements for Owners and Operators of Underground Storage Tanks, as amended effective January 1, 2019, Sections 33.1-24-08-36 Applicability (Delivery Prohibition), 33.1-24-08-37 Criteria for Delivery Prohibition, and 33.1-24-08-57 Public Participation.

(2) Statement of legal authority. The Attorney General's Statement, signed by the Attorney General of North Dakota on February 28, 1991, and by the Assistant Attorney General on July 26, 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 Procedures for Adequate Enforcement” submitted as part of the original application on April 4, 1991, 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) Enforcement Agreement. The “North Dakota State and EPA Region 8 Enforcement Agreement” submitted as part of the program revision application on July 26, 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.

(5) Program description. The program description and any other material submitted as part of the original application April 4, 1991, and as part of the program revision application on July 26, 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.

(6) Memorandum of Agreement. The Memorandum of Agreement between North Dakota and the EPA Region 8, signed by the EPA Regional Administrator on November 9, 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.

[84 FR 65688, Nov. 29, 2019]

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§282.85   [Reserved]

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§282.86   Oklahoma State-Administered Program.

(a) History of the approval of Oklahoma's Program. The State of Oklahoma is approved to administer and enforce an underground storage tank 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 program, as administered by the Oklahoma Corporation Commision, was approved by EPA pursuant to 42 U.S.C. 6991c and Part 281 of this Chapter. EPA published the notice of final determination approving the Oklahoma underground storage tank base program effective on October 14, 1992. A subsequent program revision application was approved effective on March 12, 2018.

(b) Enforcement authority. Oklahoma has primary responsibility for administering and enforcing its federally approved underground storage tank 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) To retain program approval, Oklahoma must revise its approved 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 Oklahoma obtains approval for the 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) Oklahoma has final approval for the following elements of its program application originally submitted to EPA and approved effective October 14, 1992, and the program revision application approved by EPA effective on March 12, 2018:

(1) State statutes and regulations—(i) Incorporation by reference. The Oklahoma provisions cited in this paragraph are incorporated by reference as part of the underground storage tank 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 obtain copies of the Oklahoma regulations that are incorporated by reference in this paragraph from the State's Office of Administrative Rules, Secretary of State, P.O. Box 53390, Oklahoma City, OK 73152-3390; Phone number: 405-521-4911; website: https://www.sos.ok.gov/oar/Default.aspx. You may inspect all approved material at the EPA Region 6, 1201 Elm Street, Suite 500, Dallas, Texas 75270-2102; Phone number (214) 665-2239 or the National Archives and Records Administration (NARA). For information on the availability of the material at NARA, email [email protected] or go to www.archives.gov/federal-register/cfr/ibr-locations.html.

(A) The binder entitled “Oklahoma Regulatory Requirements Applicable to the Underground Storage Tank Program, October 2017. Those provisions are listed in Appendix A to Part 282.

(B) [Reserved]

(ii) Legal basis. EPA evaluated the following statutes and regulations which provide the legal basis for the State's implementation of the underground storage tank program, but they are not being incorporated by reference and do not replace Federal authorities:

(A) The statutory provisions include:

(1) Oklahoma Statutes (2016), Title 17, “Corporation Commission”: Chapter 3, “Oil and Gas”, Section 52(A)(k)(5); Chapter 14, “Oklahoma Storage Tank Regulation Act”, Sections 301, 302, 303 (except 303.22 “Permit”), 305, 306, 307, 309 through 316, 319, 321 through 325, 330 and 340; Chapter 15, “Oklahoma Petroleum Storage Tank Release Indemnity Program”, Sections 350 through 365.

(2) Oklahoma Statutes (2016), Title 27A, “Environmental and Natural Resources”: Chapter 1, Article III, “Jurisdiction of Environmental Agencies”, Section 1-3-101(E)(5)(a)-(c).

(3) Oklahoma Statutes (2016), Title 52, “Oil and Gas”: Chapter 5, “Inspections”, Sections 321 through 347.

(B) The regulatory provisions include:

(1) Oklahoma Administrative Code, Title 165, effective August 25, 2016:

(i) Chapter 5, “Rules of Practice”: Subchapter 1, “General Provisions”, Sections 165:5-1-4(b) and 165:5-1-25; Subchapter 5, “Dockets”: Sections 165:5-5-1(a)(9) and (a)(10); Subchapter 21, “Procedure for the Petroleum Storage Tank Docket”: Sections 165:5:21-1 through 165:5-21-5, 165:5:21-8 through 165:5:21-10;

(ii) Chapter 15, “Fuel Inspection”: Subchapter 3, “Fuel Specialists, Testing, Accessibility, and Assistance”, Sections 165:15-3-1, through 165:15-3-3, 165:15-3-16, 165:15-3-21, 165:15-3-21 through 165:15-3-24.1; Subchapter 19, “Violations and Contempt”, Sections 165:15-19-1 through 165:15-19-5.

(iii) Chapter 25, “Underground Storage Tanks”: Subchapter 1, “General Provisions”: Part 5, “Scope of Rules”, Section 165:25-1-24.1; Part 6, “Administrative Provisions”, Sections 165:25-1-26.1 through 165:25-1-30.1; Part 15, “Shutdown of Operations”, Section 165:25-1-67; Part 17, “Licensing Procedures”, Sections 165:25-1-107; Part 19 “Operator Training”, Section 165:25-1-126; Subchapter 2, “General Requirements for Underground Storage Tank Systems”: Subchapter 18, “Inspections, Notices of Violations and Citations”: Part 1, “Inspections”, Sections 165:25-18-1 through 165:25-18-4; Part 3, “Notices of Violation and Citations”, Sections 165:25-18-10 through 165:25-18-13; Part 5, “Penalties”, Section 165:25-18-19; Appendix Q and Appendix S.

(iv) Chapter 27, “Indemnity Fund”. Subchapter 1, “General Provisions”: Sections 165:27-1-1 and 165:27-1-3 through 165:27-1-6; Subchapter 3, “Eligibility Requirements”, Sections 165:27-3-1 and 165:27-3-2; Subchapter 5, “Qualifications for Reimbursement”, Sections 165:27-5-1 and 165:27-5-3. Subchapter 7, “Reimbursement”, Sections 165:27-7-1, 165:27-7-7, 165:27-7-8, 165:27-7-9, 165:27-7-9.1, 165:27-7-10 and 165:27-7-11; Subchapter 9, “Administrative Provisions”, Sections 165:27-9-1 through 165:27-94.

(v) Chapter 29, “Corrective Action of Petroleum Storage Tank Releases”, Subchapter 1, “General Provisions”, Part 1, “Purpose and Statutory Authority”, Section 165:29-1-3; Subchapter 3, “Release Prevention, Detection and Correction”, Part 5, “Corrective Action Requirements”, Section 165:29-3-81. Subchapter 5 “Administrative Provisions”: Sections 165:29-5-1 and 165:29-5-4.

(2) [Reserved]

(iii) Provisions not incorporated by reference. The following specifically identified sections and rules applicable to the Oklahoma underground storage tank program that are broader in coverage than the federal program, are not part of the approved program, and are not incorporated by reference herein for enforcement purposes:

(A) Oklahoma Statutes (2016), Title 17, “Corporation Commission”: Chapter 14, “Oklahoma Storage Tank Regulation Act”, Section 303.22 “Permit”, 306.1, 308, 308.1 and 318.

(B) Oklahoma Administrative Code, Title 165, effective August 25, 2016: Chapter 25, “Underground Storage Tanks”. Subchapter 1, “General Provisions”: Part 9, “Notification and Reporting Requirements”, Sections 165:25-1-41, and 165:25-1-42; Part 13, “Fees”, Section 165:25-1-64; Chapter 29, “Corrective Actio of Petroleum Storage Tank Releases”, Part 7, “Licensing of Environmental Consultants”, Section 26-3-90.

(2) Statement of legal authority. The Attorney General's Statements, signed by the Attorney General of Oklahoma on June 21, 1990 and November 14, 2016, 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.

(3) Demonstration of procedures for adequate enforcement. The “Demonstration of Procedures for Adequate Enforcement” submitted as part of the original application on June 25, 1989 and as part of the program revision application for approval on January 25, 2017 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 original application on June 25, 1989 and as part of the program revision application on January 25, 2017, 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 6 and the Oklahoma Corporation Commission, signed by the EPA Regional Administrator on September 19, 2017 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.

[83 FR 990, Jan. 9, 2018, as amended at 84 FR 44232, Aug. 23, 2019]

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§282.87   Oregon State-Administered Program.

(a) The State of Oregon is approved to administer and enforce an underground storage tank 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 program, as administered by the Oregon Department of Environmental Quality (DEQ), was approved by EPA pursuant to 42 U.S.C. 6991c and part 281 of this chapter. The EPA published the notice of final determination approving the Oregon underground storage tank base program effective on September 16, 2011. A subsequent program revision application was approved by the EPA and became effective on September 24, 2019.

(b) Oregon has primary responsibility for administering and enforcing its federally approved underground storage tank program. However, the 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) To retain program approval, Oregon must revise its approved 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 Oregon obtains approval for the revised requirements pursuant to Section 9004 of RCRA, 42 U.S.C. 6991c, then the newly approved statutory and regulatory provisions will be added to this subpart and notification of any change will be published in the Federal Register.

(d) Oregon has final approval for the following elements of its program application originally submitted to the EPA and approved effective September 16, 2011, and the program revision application approved by the EPA, effective on September 24, 2019:

(1) State statutes and regulations. (i) The materials cited in this paragraph (d)(1) are incorporated by reference as part of the underground storage tank program under Subtitle I of RCRA, 42 U.S.C. 6991 et seq., with the approval of the Director of the Federal Register under 5 U.S.C. 552(a) and 1 CFR part 51. To enforce any edition other than that specified in this section, the EPA must publish a document in the Federal Register and the material must be available to the public. All approved material is available for inspection at EPA Region 10, 1200 Sixth Avenue, Suite 155, Seattle, WA 98101, phone number (206) 553-6693. Copies of Oregon's program application may be obtained from the Underground Storage Tank Program, Oregon Department of Environmental Quality, 811 SW Sixth Avenue, Portland, Oregon, 97204. All approved material is also available for inspection at the National Archives and Records Administration (NARA). For information on the availability of the material at NARA, call 202-741-6030 or go to www.archives.gov/federal-register/cfr/ibr-locations.html.

(A) Oregon Statutory Requirements Applicable to the Underground Storage Tank Program, June 2018.

(B) Oregon Regulatory Requirements Applicable to the Underground Storage Tank Program, June 2018.

(ii) The EPA considered the following statutes and regulations in evaluating the State program, but did not incorporate them by reference.

(A) The statutory provisions include:

(1) Oregon Revised Statutes, Chapter 183, Administrative Procedures Act, 2017, insofar as the provisions and procedures apply to the underground storage tank program.

(2) Chapter 465, Hazardous Waste and Hazardous Materials I (Removal or Remedial Action: Sections 465.200-465.482 and 465.900), insofar as these provisions apply to matters involving an “underground storage tank” as that term is defined in ORS 466.706(21), as limited by the exclusions listed in ORS 466.710, except that the term does not include a tank used for storing heating oil for consumptive use on the premises where stored. The following Sections are part of the approved State program, although not incorporated by reference herein for enforcement purposes: Sections 465.205 through 465.250, 465.257 through 465.300, 465.310 through 465.335, 465.400 through 465.435, 465.445 through 465.455 and 465.900.

(3) Chapter 466, Hazardous Waste and Hazardous Materials II (Oil Storage Tanks: Sections 466.706-466.920 and Sections 466.990-466.995), insofar as these provisions apply to matters involving an “underground storage tank” as that term is defined in ORS 466.706(21), as limited by the exclusions listed in ORS 466.710, except that the term does not include a tank used for storing heating oil for consumptive use on the premises where stored. The following Sections are part of the approved State program, although not incorporated by reference herein for enforcement purposes: Sections 466.715 through 466.735, 466.746, 466.760, 466.775 through 466.780, 466.791 through 466.810, 466.820, 466.830 through 466.845, 466.901 through 466.920 and 466.994 through 466.995.

(4) Chapter 468 Environmental Quality Generally, insofar as these provisions apply to matters involving an “underground storage tank” as that term is defined in ORS 466.706(21), as limited by the exclusions listed in ORS 466.710, except that the term does not include a tank used for storing heating oil for consumptive use on the premises where stored. The following Sections are part of the approved State program, although not incorporated by reference herein for enforcement purposes: Sections 468.005 through 468.050, 468.090 through 468.140 and 468.963.

(B) The regulatory provisions include:

(1) Oregon Administrative Rules, Chapter 340, Division 11: Section 340-11-0545.

(2) Oregon Administrative Rules, Chapter 340, Division 12: Sections 340-012-0026 through 340-012-0053, 340-012-0067 (with the exception of subparagraphs (1)(k) and (l) and (2)(g) through (j)), 340-012-0074 (with the exception of subparagraph (1)(g)) and 340-012-0170 insofar as this applies to violations involving an underground storage tank.

(3) Oregon Administrative Rules, Chapter 340, Division 122: Sections 340-122-0074 through 340-122-0079 and 340-122-0130 through 340-122-0140.

(4) Oregon Administrative Rules, Chapter 340, Division 142: Section 340-142-0120.

(5) Oregon Administrative Rules, Chapter 340, Division 150: Sections 340-150-0150 through 340-150-0152, 340-150-0250, 340-150-0600 through 340-150-0620.

(6) Oregon Code of Civil Procedure 33C.

(7) Oregon Administrative Rules, Chapter 690, Division 240, insofar as these provisions apply to matters involving an “underground storage tank” as that term is defined in ORS 466.706(21), as limited by the exclusions listed in ORS 466.710, except that the term does not include a tank used for storing heating oil for consumptive use on the premises where stored. The following Sections are part of the approved State program, although not incorporated by reference herein for enforcement purposes: Sections 690-240-0015, 690-240-0020, 690-240-0055 through 690-240-0340 and 690-240-0560 through 690-240-0640.

(iii) The following specifically identified sections and rules applicable to the Oregon underground storage tank program that are broader in scope than the Federal program, are not part of the approved program, and are not incorporated by reference herein for enforcement purposes:

(A) The statutory provisions include:

(1) Chapter 465, Hazardous Waste and Hazardous Materials I (Removal or Remedial Action): Sections 465.305; 465.340 through 465.391; 465.440; and 465.475 through 465.482.

(2) Chapter 466, Hazardous Waste and Hazardous Materials II (Oil Storage Tanks): Sections 466.750; 466.783 through 466.787; 466.858 through 466.882; and 466.990 through 466.992).

(3) Chapter 468, Environmental Quality Generally: Sections 468.055 through 468.089.

(B) The regulatory provisions include:

(1) Oregon Administrative Rules, Chapter 340: Divisions 160, 162, 163, 170, 177 and 178.

(2) Oregon Administrative Rules, Chapter 837, Division 40.

(2) Statement of legal authority. The Attorney General Statement, a letter signed 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.

(3) Demonstration of procedures for adequate enforcement. The “Demonstration of Procedures for Adequate Enforcement” submitted as part of the application for approval on October 19, 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 original application on October 19, 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 10 and the Oregon Department of Environmental Quality, signed by the EPA Regional Administrator on March 19, 2019, 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.

[84 FR 36005, July 26, 2019]

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§282.88   Pennsylvania State-Administered Program.

(a) The Commonwealth of Pennsylvania's underground storage tank program is approved in lieu of the Federal program in accordance with Subtitle I of the Resource Conservation and Recovery Act of 1976 (RCRA), as amended, 42 U.S.C. 6991 et seq. The State's program, as administered by the Pennsylvania Department of Environmental Protection, was approved by EPA pursuant to 42 U.S.C. 6991c and part 281 of this chapter. EPA approved the Pennsylvania underground storage tank program on September 11, 2003, and approval was effective on September 11, 2003.

(b) The Commonwealth has primary responsibility for enforcing its underground storage tank program. However, EPA retains the authority to exercise its inspection and enforcement authorities in accordance with sections 9005 and 9006 of Subtitle I of RCRA, 42 U.S.C. 6991d and 6991e, regardless of whether the State has taken its own actions, as well as in accordance with other statutory and regulatory provisions.

(c) To retain program approval, the Commonwealth must revise its approved program to adopt new changes to the Federal Subtitle I program that make it more stringent, in accordance with section 9004 of RCRA, 42 U.S.C. 6991c, and 40 CFR part 281, subpart E. If the Commonwealth obtains approval for the 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) The Commonwealth has final approval for the following elements submitted to EPA in the State's program application for final approval. On September 11, 2003, EPA published a rule approving the State's program in the Federal Register, 66 FR 53520. That approval became effective on September 11, 2003. Copies of the Commonwealth's program application may be obtained from the Pennsylvania Department of Environmental Protection, Bureau of Land Recycling and Waste Management, Storage Tank Program, Rachel Carson State Office Building, Harrisburg, PA 17105-8762.

(1) State statutes and regulations. (i) The provisions cited in paragraph (d)(1)(i) of this section are incorporated by reference as part of the approved underground storage tank program in accordance with Subtitle I of RCRA, 42 U.S.C. 6991 et seq.

(A) Pennsylvania Statutory Requirements Applicable to the Underground Storage Tank Program, 2002.

(B) Pennsylvania Regulatory Requirements Applicable to the Underground Storage Tank Program, 2002.

(ii) EPA considered the following statutes and regulations in evaluating the State program, but did not incorporate them by reference.

(A) The statutory provisions include:

(1) Storage Tank and Spill Prevention Act of 1989, Public Law 169, No. 32

35 PS Section 6021.107   Powers and duties of department (insofar as paragraphs (b), (c), (e), and (f) grant the department enforcement authorities)

35 PS Section 6021 Ch. 13   Enforcement

(2) Title 35. Health and Safety; Chapter 44. Environmental Hearing Board Act

35 P.S. Section 7514   Jurisdiction

(3) Title 71. Article IV. Organization of Departmental Administrative Boards and Commissions and of Advisory Boards and Commissions

71 P.S. Section 180-1   Environmental Quality Board

(4) Title 71. Article XIX-A. Powers and Duties of the Department of Environmental Resources, its Officers and Departmental and Advisory Boards and Commissions

71 P.S. Section 510-17   Abatement of nuisances

71 P.S. Section 510-20   Environmental Quality Board

(B) The regulatory provisions include:

(1) Pennsylvania Code, Chapter 245, Administration of the Storage Tank and Spill Prevention Programs

Section 245.303   General

(2) Pennsylvania Rules of Civil Procedure

Pa R.C.P. Rule 2326   Definitions

Pa R.C.P. Rule 2327   Who May Intervene

Pa R.C.P. Rule 2328   Petition to Intervene

Pa R.C.P. Rule 2329   Action of Court on Petition

Pa R.C.P. Rule 2330   Practice

(iii) The following statutory and regulatory provisions are broader in scope than the Federal program, are not part of the approved program, and are not incorporated by reference. These provisions are not federally enforceable.

(A) The statutory provisions include:

Storage Tank and Spill Prevention Act of 1989, Public Law 169, No. 32

35 PS Section 6021.103   Definitions (insofar as the section addresses aboveground storage tanks; encompasses a broader range of regulated substances; and insofar as certain classes of tanks excluded or deferred under the federal definition of “underground storage tank” are not excluded or deferred under the state definition)

35 PS Section 6021.106   Powers and duties of Environmental Quality Board (insofar as it addresses aboveground storage tanks)

35 PS Section 6021.107   Powers and duties of department (insofar as paragraph (d) establishes the Department's duties regarding a certification program)

35 PS Section 6021.108   Interim certification of installers and inspectors (insofar as the section establishes a certification program for installers and inspectors)

35 PS Section 6021   Ch 3 Aboveground storage tanks (insofar as the Chapter regulates aboveground storage tanks)

35 PS Section 6021.501   Underground storage tank requirements (insofar as subparagraph (a)(1) requires payment of registration fees; subparagraph (a)(8) sets forth permitting requirements; subparagraph (a)(12) addresses permitting; subparagraph (a)(15) regulates handlers of regulated substances; and paragraph (c) establishes a certified installer and inspector program)

35 PS Section 6021.502   Interim requirements and discontinued use (insofar as paragraph (a) establishes interim registration fees; and subparagraph (b)(5) requires tanks to be installed by a certified installer)

35 PS Section 6021.503   Registration (insofar as paragraph (a) requires payment of registration fees; paragraph (b) regulates selling, distributing, depositing, or filling unregistered underground storage tanks; and paragraph (c) establishes uses for registration fees)

35 PS Section 6021.504   Permits and plans

35 PS Section 6021.506 Small operator assistance program for underground storage tanks

35 PS Section 6021.507 Reimbursement for testing

35 PS Section 6021.702   Storage Tank Fund (insofar as paragraph (a) addresses aboveground storage tanks)

35 PS Section 6021.704   Underground Storage Tank Indemnification Fund (insofar as subparagraph (e)(3) addresses payment of fees)

35 PS Section 6021.705   Powers and duties of Underground Storage Tank Indemnification Board (insofar as paragraphs (d) and (e) address payment of fees)

35 PS Section 6021   Ch 9   Spill Prevention Response Plan

35 PS Section 6021   Ch 11   Siting of New Aboveground Storage Tank Facility and Regulations

35 PS Section 6021.2101   Start-up costs (insofar as it addresses aboveground storage tanks)

(B) The regulatory provisions include:

Pennsylvania Code, Chapter 245, Administration of the Storage Tank and Spill Prevention Programs

Section 245.1   Definitions (insofar as the section addresses aboveground storage tanks; insofar as it encompasses a broader range of regulated substances; and insofar as it includes individuals that are not regulated under the federal program under its definition of “responsible party”)

Section 245.21   Tank handling and inspection requirements (insofar as the section imposes requirements on tank installers and addresses requirements for aboveground tanks)

Section 245.31   Underground storage tank tightness testing requirements (insofar as paragraph (a) requires Department certification for underground tightness testing installers)

Ch 245, Subch. B   Certification Program for Installers and Inspectors of Storage Tanks and Storage Tank Facilities (insofar as the Subchapter establishes a certification program)

Ch 245, Subch. C   Permitting of Underground and Aboveground Storage Tank Systems and Facilities (insofar as the Subchapter establishes a permitting program)

Section 245.305   Reporting releases (insofar as paragraph (h) addresses aboveground storage tanks)

Section 245.306   Interim remedial actions (insofar as subparagraph (b)(3) requires permits for treatment and disposal activities; and paragraph (d) regulates parties removing contaminated materials)

Section 245.411   Inspection frequency (insofar as the section addresses inspections by certified inspectors)

Section 245.424   Standards for new field constructed tank systems (insofar as the section sets forth requirements that exceed the federal requirements)

Section 245.425   Reuse of removed tanks (insofar as subparagraph (1) requires installation by a certified installer)

Section 245.434   Repairs allowed (insofar as subparagraph (1) requires repairs to be performed by a certified installer)

Section 245.441   General requirements for underground storage tank systems (insofar as subparagraph (a)(3)(i) requires third-party verification; and subparagraph (a)(3)(ii) requires manufacturers to reevaluate methods within 24 months of EPA changes)

Ch 245, Subch. F   Technical standards for Aboveground Storage Tanks and Facilities (insofar as the Subchapter addresses aboveground storage tanks)

Ch 245, Subch. G   Simplified Program for Small Aboveground Storage Tanks (insofar as the Subchapter addresses aboveground storage tanks)

(2) Statement of legal authority. (i) “Attorney General's Statement,” signed by the State Attorney General on October 1, 2002, though not incorporated by reference, is referenced as part of the approved underground storage tank program in accordance with Subtitle I of RCRA, 42 U.S.C. 6991 et seq.

(ii) Letter from the Attorney General of Pennsylvania to EPA, October 1, 2002, though not incorporated by reference, is referenced as part of the approved underground storage tank program in accordance with Subtitle I of RCRA, 42 U.S.C. 6991 et seq.

(3) Demonstration of procedures for adequate enforcement. The “Demonstration of Procedures for Adequate Enforcement” submitted as part of the original application on November 25, 2002, though not incorporated by reference, is referenced as part of the approved underground storage tank program in accordance with 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 original application on November 25, 2002, though not incorporated by reference, are referenced as part of the approved underground storage tank program in accordance with Subtitle I of RCRA, 42 U.S.C. 6991 et seq.

(5) Memorandum of Agreement. The Memorandum of Agreement between EPA Region 3 and the Pennsylvania Department of Environmental Protection, signed by the EPA Regional Administrator on August 22, 2003, though not incorporated by reference, is referenced as part of the approved underground storage tank program in accordance with Subtitle I of RCRA, 42 U.S.C. 6991 et seq.

[71 FR 13770, Mar. 17, 2006]

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§282.89   Rhode Island State-Administered Program.

(a) The State of Rhode Island is approved to administer and enforce an underground storage tank 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 program, as administered by the Rhode Island Department of Environmental Management, was approved by EPA pursuant to 42 U.S.C. 6991c and Part 281 of 40 CFR. EPA approved the Rhode Island program on January 11, 1993, and the approval was effective on February 10, 1993.

(b) Rhode Island has primary responsibility for enforcing its underground storage tank program. However, EPA retains the authority to exercise its inspection and enforcement authorities under Sections 9005 and 9006 of Subtitle I of RCRA, 42 U.S.C. 6991d and 6991e, as well as under other statutory and regulatory provisions.

(c) To retain program approval, Rhode Island must revise its approved 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 Rhode Island obtains approval for the 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) Rhode Island has final approval for the following elements submitted to EPA in Rhode Island's program application for final approval and approved by EPA on January 11, 1995. Copies may be obtained from the Underground Storage Tank Program, Rhode Island Department of Environmental Management, 291 Promenade Street, Providence, RI 02908. The elements are listed as follows:

(1) State statutes and regulations. (i) The provisions cited in this paragraph are incorporated by reference as part of the underground storage tank program under Subtitle I of RCRA, 42 U.S.C. 6991 et seq.

(A) Rhode Island Statutory Requirements Applicable to the Underground Storage Tank Program, 1995.

(B) Rhode Island Regulatory Requirements Applicable to the Underground Storage Tank Program, 1995.

(ii) The following statutes and regulations are part of the approved state program, although not incorporated by reference herein for enforcement purposes.

(A) The statutory provisions include: Titles 46, 42, 38, 37, and 23 of the General Laws of Rhode Island, 1956, as amended.

(B) The regulatory provisions include: The State of Rhode Island Regulations for Underground Storage Facilities Used for Petroleum Products and Hazardous Materials.

(iii) The following statutory and regulatory provisions are broader in scope than the federal program, are not part of the approved program, and are not incorporated by reference herein for enforcement purposes.

(A) Titles 46, 42, 38, 37, and 23 of the General Laws of Rhode Island, 1956, as amended, insofar as they refer to registration and closure requirements for tanks containing heating oil consumed on the premises where stored; and farm or residential tanks less than or equal to 1,100 gallons containing motor fuels for non-consumptive use.

(B) Rhode Island Regulations for Underground Storage Facilities Used for Petroleum Products and Hazardous Materials, Section 8, Facility Registration and Notification, and Section 15, Closure; insofar as they refer to tanks less than or equal to 1,100 gallons containing motor fuels for non-commercial use and for tanks containing heating oil consumed on the premises where stored.

(2) Statement of legal authority. (i) “Attorney General's Statement for Final Approval and appendixes” signed by the Attorney General of Rhode Island on July 1, 1992, 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.

(ii) Letter from the Attorney General of Rhode Island to EPA July 1, 1992, 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 Procedures for Adequate Enforcement” submitted as part of the original application in July 1992, 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 original application in July 1992, 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. On October 19, 1992, EPA and the Rhode Island Department of Environmental Management signed the Memorandum of Agreement. Though not incorporated by reference, the Memorandum of Agreement is referenced as part of the approved underground storage tank program under Subtitle I of RCRA, 42 U.S.C. 6991 et seq.

[61 FR 6320, Feb. 20, 1996]

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§282.90   South Carolina State-Administered Program.

(a) The State of South Carolina is approved to administer and enforce an underground storage tank 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 program, as administered by the South Carolina Department of Health and Environmental Control, was approved by EPA pursuant to 42 U.S.C. 6991c and part 281 of this chapter. EPA published the notice of final determination approving the South Carolina underground storage tank program on August 28, 2002, and that approval became effective on September 27, 2002.

(b) South Carolina has primary responsibility for enforcing its underground storage tank 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 other statutory and regulatory provisions.

(c) To retain program approval, South Carolina must revise its approved 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 South Carolina obtains approval for the 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) South Carolina has final approval for the following elements submitted to EPA in the State's program application for final approval as of August 28, 2002. Copies of South Carolina's program application may be obtained from the South Carolina Department of Health and Environmental Control, Underground Storage Tank Program, 2600 Bull Street, Columbia, SC 29201; or the Underground Storage Tank Section, U.S. Environmental Protection Agency, Region 4, Atlanta Federal Center, 61 Forsyth Street SW., Atlanta, GA 30303-8960.

(1) State statutes and regulations. (i) The provisions cited in paragraph (d)(1)(i) of this section are incorporated by reference as part of the underground storage tank program under Subtitle I of RCRA, 42 U.S.C. 6991 et seq., with the approval of the Director of the Federal Register under 5 U.S.C. 552(a) and 1 CFR part 51. Material is incorporated as it exists on the date of the approval, and notice of any change in the material will be published in the Federal Register. All approved material is available for inspection at the National Archives and Records Administration (NARA). For information on the availability of the material at NARA, call 202-741-6030 or go to http://www.archives.gov/federal register/code of federal regulations/ibr locations.html. Copies of South Carolina's program application may be obtained from the Underground Storage Tank Program, South Carolina Department of Health and Environmental Control, 2600 Bull Street, Columbia, SC 29201.

(A) South Carolina Statutory Requirements Applicable to the Underground Storage Tank Program, 2000.

(B) South Carolina Regulatory Requirements Applicable to the Underground Storage Tank Program, 2000.

(ii) EPA considered the following statutes and regulations in evaluating the State program, but is not incorporating them by reference.

(A) The statutory provisions include:

(1) Code of Laws of South Carolina, Title 44. Health, Chapter 2. State Underground Petroleum Environmental Response Bank Act (SUPERB Act):

(i) Sec. 44-2-40   SUPERB Account and SUPERB Financial Responsibility Fund created; purposes and uses. Insofar as it provides for the creation of a SUPERB Account and SUPERB Financial Responsibility Fund, and insofar as it establishes criteria for accessing the funds.

(ii) Sec. 44-2-50   Regulations to be promulgated; cost of rehabilitation. Insofar as it provides for compliance monitoring and enforcement of the chapter and regulations promulgated thereunder.

(iii) Sec. 44-2-60   Registration of underground storage tanks; environmental impact fee. Insofar as this statute places requirements on petroleum distributors, prohibiting them from placing petroleum and petroleum products into an underground storage tank for which the owner or operator does not hold a currently valid registration, and insofar as it requires registration and the payment for registration fees and environmental impact fees for underground storage tanks.

(iv) Sec. 44-2-75   Insurance pools. Insofar as its provides for a means of establishing insurance pools to demonstrate financial responsibility.

(v) Sec. 44-2-90   Accrued interest; prospective abolition of environmental interest fee; use of residual funds for site rehabilitation. Insofar as it refers to interest collected on state fund accounts and the sunset date of the state funds.

(vi) Sec. 44-2-110   Early detection incentive program. Insofar as it establishes criteria for qualified expenditure of funds from the SUPERB Account.

(vii) Sec. 44-2-115   Eligibility requirements to be applied to favor eligibility; qualified site remains qualified until correction and compensation; petition for matter to be heard as contested case; reconsideration by mediation panel. Insofar as is regulates eligibility for state funds.

(viii) Sec. 44-2-120   Use of contractors, subcontractors, and employees for rehabilitation or cleanup. Insofar as this statute establishes requirements for site rehabilitation contractors.

(ix) Sec. 44-2-130   Compensation from SUPERB Account; other insurance or financial responsibility mechanism; deadline for submission; site rehabilitation not a state contract; criteria and restrictions; application, certification, approval, denial, appeal; records; rehabilitation plan; payments; federal government sites exempt. Insofar as it establishes criteria for access to state funds.

(x) Sec. 44-2-140   Enforcement of chapter or department order, penalties for violations. Insofar as it provides for compliance monitoring and enforcement of the underground storage tank requirements.

(xi) Sec. 44-2-150   SUPERB Advisory Committee; establishment; purposes; composition; terms; officers; quorum; operating procedures; facilities; duties and responsibilities; reports. Insofar as it establishes provisions for an advisory committee to study the implementation and administration of the SUPERB program.

(2) Code of Laws of South Carolina, Title 15, Civil Remedies and Procedures.

(i) Rule 24(a)(2)   Appeals from department decisions giving rise to contested case; procedures. Insofar as it provides for compliance monitoring and enforcement of the underground storage tank requirements.

(ii) [Reserved]

(B) The regulatory provisions include:

(1) South Carolina Underground Storage Tank Control Regulations, R. 61-92, Part 280.

(i) Sec. 280.301   Violations and Penalties. Insofar as it provides for notice to violators, assessment of penalties, criminal prosecution, and appeals under the SUPERB Act.

(ii) Sec. 280.302   Appeals. Insofar as it provides for appeal of any determination by the Department pursuant to R. 61-92 under the provisions of R. 61-72, Procedures for Contested Cases, and the Administrative Procedures Act.

(2) SUPERB Site Rehabilitation and Fund Access Regulations, R.61-98.

(iii) The following statutory and regulatory provisions are broader in scope than the federal program, are not part of the approved program, and are not incorporated by reference herein for enforcement purposes.

(A) Code of Laws of South Carolina, Title 44. Health, Chapter 2. State Underground Petroleum Environmental Response Bank Act (SUPERB Act):

(1) Sec. 44-2-60   Registration of underground storage tanks; environmental impact fee. Insofar as it places requirements on petroleum distributors, prohibiting them from placing petroleum and petroleum products into an underground storage tank for which the owner or operator does not hold a currently valid registration, and insofar as it requires registration and the payment of registration fees for underground storage tanks.

(2) Sec. 44-2-80 (B) and (C)   Release of regulated substance; containment, removal, and abatement. Insofar as it places requirements that exceed the scope of the federal requirements applicable to a person who holds indicia of ownership to protect their security interests in an underground storage tank.

(3) Sec. 44-2-120   Use of contractors, subcontractors, and employees for rehabilitation or cleanup. Insofar as it establishes requirements for site rehabilitation contractors.

(B) South Carolina Underground Storage Tank Control Regulations, R.61-92, Part 280:

(1) Sec. 280.10(e)   Applicability. Insofar as it places requirements on persons other than owners and operators.

(2) Sec. 280.23   New Tanks—permits required. Insofar as it requires issuance of permits to install and operate for all new tanks.

(3) Sec. 280.300   Variances. Insofar as it exceeds the scope of the federal program.

(2) Statement of legal authority. (i) “General Counsel's Statement,” signed by the State General Counsel on September 5, 2000, 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 original application on September 5, 2000, 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 original application on September 5, 2000, 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 the South Carolina Department of Health and Environmental Control, Underground Storage Tank Program, signed by EPA Regional Administrator on December 20, 2001, 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.

[79 FR 19832, Apr. 10, 2014]

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§282.91   South Dakota State-Administered Program.

(a) The State of South Dakota is approved to administer and enforce an underground storage tank 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 program, as administered by the South Dakota Department of Environment and Natural Resources, was approved by EPA pursuant to 42 U.S.C. 6991c and part 281 of this chapter. EPA approved the South Dakota program on March 16, 1995 and it was effective on May 15, 1995.

(b) South Dakota has primary responsibility for enforcing its underground storage tank program. However, EPA retains the authority to exercise its inspection and enforcement authorities under sections 9005 and 9006 of subtitle I of RCRA, 42 U.S.C. 6991d and 6991e, as well as under other statutory and regulatory provisions.

(c) To retain program approval, South Dakota must revise its approved 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 South Dakota obtains approval for the 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) South Dakota has final approval for the following elements submitted to EPA in South Dakota's program application for final approval and approved by EPA on [insert date of publication]. Copies may be obtained from the Underground Storage Tank Program, South Dakota Department of Environment and Natural Resources, 523 East Capitol, Pierre, South Dakota 57501.

(1) State statutes and regulations. (i) The provisions cited in this paragraph are incorporated by reference as part of the underground storage tank program under subtitle I of RCRA, 42 U.S.C. 6991 et seq.

(A) South Dakota Statutory Requirements Applicable to the Underground Storage Tank Program, 1995.

(B) South Dakota Regulatory Requirements Applicable to the Underground Storage Tank Program, 1995.

(ii) The following statutes are part of the approved state program, although not incorporated by reference herein for enforcement purposes.

(A) The statutory provisions include: South Dakota Codified Law, Water Pollution Control, Chapter 34A-2, Sections 46 and 48, Sections 72 through 75, Chapters 34A-10 and 34A-12.

(iii) The following statutory provisions are broader in scope than the federal program, are not part of the approved program, and are not incorporated by reference herein for enforcement purposes.

(A) South Dakota statutes Annotated, Chapter 34A-2, Section 100, insofar as it applies to above ground stationary storage tanks, Section 102, insofar as it applies to installation of above ground stationary storage tanks, Section 101, insofar as it applies to corrective action for above ground stationary storage tanks.

(2) Statement of legal authority. (i) “Attorney General's Statement for Final Approval”, signed by the Attorney General of South Dakota on June 17, 1992, 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.

(ii) Letter from the Attorney General of South Dakota to EPA, June 17, 1992, 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 Procedures for Adequate Enforcement” submitted as part of the complete application in October 1993, 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 original application in June 1992, 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 VIII and the South Dakota Department of Environment and Natural Resources, signed by the EPA Regional Administrator on February 23, 1995, 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.

[60 FR 14336, Mar. 16, 1995]

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§282.92   Tennessee State-Administered Program.

(a) The State of Tennessee is approved to administer and enforce a petroleum underground storage tank 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 program, as administered by the Tennessee Department of Environment and Conservation, Division of Underground Storage Tanks, was approved by EPA pursuant to 42 U.S.C. 6991c and part 281 of this chapter. EPA approved the Tennessee program on November 17, 1998 and it was effective on January 19, 1999.

(b) Tennessee has primary responsibility for enforcing its petroleum underground storage tank program. However, EPA retains the authority to exercise its inspection and enforcement authorities under sections 9005 and 9006 of subtitle I of RCRA, 42 U.S.C. 6991d and 6991e, as well as under other statutory and regulatory provisions. EPA also retains all authority to operate the hazardous substance underground storage tank program.

(c) To retain program approval, Tennessee must revise its approved 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 Tennessee obtains approval for the 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) Tennessee has final approval for the following elements submitted to EPA in the State's program application for final approval and approved by EPA on November 17, 1998. Copies may be obtained from the Underground Storage Tank Program, Tennessee Department of Environment and Conservation, Division of Underground Storage Tanks, 4th Floor, L&C Tower, 401 Church Street, Nashville, Tennessee 37243-1541.

(1) State statutes and regulations. (i) The provisions cited in this paragraph are incorporated by reference as part of the underground storage tank program under subtitle I of RCRA, 42 U.S.C. 6991 et seq.

(A) Tennessee Statutory Requirements Applicable to the Underground Storage Tank Program, 1998.

(B) Tennessee Regulatory Requirements Applicable to the Underground Storage Tank Program, 1998.

(ii) The following statutes and regulations are part of the approved state program, although not incorporated by reference herein for enforcement purposes.

(A) The statutory provisions include:

(1) General Statutes of Tennessee, Chapter 215—Tennessee Petroleum Underground Storage Tank Act:

Section 68-215-107   Supervision, inspection, and enforcement responsibilities

Section 68-215-114   Order for correction—Liability

Section 68-215-116   Failure to take proper action

Section 68-215-119   Review of orders and revocations

Section 68-215-120   Criminal penalties—Suspension of certificates

Section 68-215-121   Civil penalty—Assessment

Section 68-215-122   Injunctions

(B) The regulatory provisions include:

(1) Tennessee Department of Environment and Conservation, Underground Storage Tank Program Rules, Chapter 1200-1-15: Not applicable.

(iii) The following statutory and regulatory provisions are broader in scope than the Federal program, are not part of the approved program, and are not incorporated by reference herein for enforcement purposes.

(A) The statutory provisions include:

(1) Tennessee Code Annotated, Title 68, Chapter 215:

Section 68-215-102(a)(3)   [Insofar as it refers to the intent to develop long range plans to meet future petroleum underground storage tank demands.]

Section 68-215-102(a)(5)   [Insofar as it provides for a cleanup fund.]

Section 68-215-104   [Insofar as it applies to persons other than underground storage tank owners or operators.]

Section 68-215-106(a)(6)   [Insofar as it requires any person who deposits petroleum in underground storage tanks to notify the owner or operator of state notification requirements.]

Section 68-215-106(c)(2)   [Insofar as it applies to persons other than owners and operators placing petroleum substances in an underground storage tank.]

Section 68-215-107(f)(9)   [Insofar as it provides for rule development for the assessment and collections of fees.]

Section 68-215-109   [Insofar as it allows for levying and collection of annual fees to operate the underground storage tank fund and develop rules.]

Section 68-215-110   [Insofar as it establishes a petroleum underground storage tank fund.]

Section 68-215-111   [Insofar as it refers to uses of the state underground storage tank fund.]

Section 68-215-112   [Insofar as it established a petroleum underground storage tank board.]

Section 68-215-113   [Insofar as it established board meeting, public hearing, and board compensation.]

Section 68-215-115   [Insofar as it establishes cost recovery and apportionment of liability for cleanups.]

Section 68-215-117   [Insofar as it applies to persons other than underground storage tank owners and operators.]

Section 68-215-125   [Insofar as it applies to the state underground storage tank fund.]

Section 68-215-128   [Insofar as it requires a report to the General Assembly.]

(B) The regulatory provisions include:

(1) Tennessee Department of Environment and Conservation, Underground Storage Tank Program Rules, Chapter 1200-1-15:

Section .09   [Insofar as it refers to guidelines and procedures for administering the Tennessee petroleum underground storage tank fund.]

Section .10   [Insofar as it refers to annual fees, the use, collection and failure to pay fees.]

Section .11   [Insofar as it requires underground storage tank fees, use, collection and failure to pay penalties, and fee notices.]

(2) Statement of legal authority. “Attorney General's Statement of ‘No Less Stringent’ Requirements and ‘Adequate Enforcement’ Authorities Implementing Underground Storage Tank Program”, signed by the State Attorney General on June 3, 1996, 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 Procedures for Adequate Enforcement” submitted as part of the original application on September 1, 1996, 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 original application on September 1, 1996, 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 the Tennessee Department of Environment and Conservation, Division of Underground Storage Tanks, signed by the EPA Regional Administrator on July 1, 1998, 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.

[64 FR 28929, May 28, 1999]

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§282.93   Texas State-Administered Program.

Link to an amendment published at 85 FR 37352, June 22, 2020.

(a) The State of Texas is approved to administer and enforce an underground storage tank 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 program, as administered by the Texas Natural Resource Conservation Commission, was approved by EPA pursuant to 42 U.S.C. 6991c and part 281 of this Chapter. EPA approved the Texas program on March 7, 1995 and it was effective on April 17, 1995.

(b) Texas has primary responsibility for enforcing its underground storage tank program. However, EPA retains the authority to exercise its inspection and enforcement authorities under sections 9005 and 9006 of subtitle I of RCRA, 42 U.S.C. 6991d and 6991e, as well as under other statutory and regulatory provisions.

(c) To retain program approval, Texas must revise its approved 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 Texas obtains approval for the 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) Texas has final approval for the following elements submitted to EPA in Texas' program application for final approval and approved by EPA on March 7, 1995. Copies may be obtained from the Underground Storage Tank Program, Texas Natural Resource Conservation Commission, P.O. Box 13087, Austin, TX 78711-3087.

(1) State statutes and regulations. (i) The provisions cited in this paragraph are incorporated by reference as part of the underground storage tank program under subtitle I of RCRA, 42 U.S.C. 6991 et seq.

(A) Texas Statutory Requirements Applicable to the Underground Storage Tank Program, 1995

(B) Texas Regulatory Requirements Applicable to the Underground Storage Tank Program, 1995

(ii) The following statutes and regulations are part of the approved state program, although not incorporated by reference herein for enforcement purposes.

(A) The statutory provisions include:

(1) Texas Water Code, Title 2, Subtitle D, Chapter 26—State Water Administration.

§26.013   Research, Investigations

§26.014   Power to Enter Property

§26.015   Power to Examine Records

§26.016   Enforcement Proceedings

§26.017   Cooperation

§26.019   Orders

§26.020   Hearing Powers

§26.021   Delegation of Hearing Powers

§26.022   Notice of Hearings; Continuance

§26.042   Monitoring and Reporting

§26.121   Unauthorized Discharges Prohibited

§26.122   Civil Penalty

§26.123   Enforcement by Commission

§26.124   Enforcement by Others

§26.125   Venue and Procedure

§26.126   Disposition of Civil Penalties

§26.136   Administrative Penalty

§26.212   Criminal Offense

§26.213   Criminal Penalty

§26.268   Penalties

§26.353   Commission Orders

§26.354   Emergency Orders

§26.356   Inspections, Monitoring, and Testing

(B) The regulatory provisions include:

(1) 31 Texas Administrative Code, Chapter 334—Underground and Aboveground Storage Tanks.

Subchapter A: General Provisions

§334.11   Enforcement

§334.14   Memorandum of Understanding between the Attorney General of Texas and the Texas Natural Resource Conservation Commission

(2) 31 Texas Administrative Code, Chapter 337—Enforcement.

(i) Subchapter A: Enforcement Generally.

§337.1   Enforcement Orders

§337.2   Hearings on Violations

§337.3   Legal Proceedings

§337.4   Complaint File

§337.5   Confidentiality of Enforcement Information

§337.6   Force Majeure

(ii) Subchapter B: Enforcement Hearings.

§337.31   Purpose

§337.32   Remedies

§337.33   Definitions

§337.34   Substantial Noncompliance and Emergency Conditions

§337.35   Emergencies

§337.36   Preliminary Enforcement Report

§337.37   Notice

§337.38   Answer

§337.39   Commission Action

§337.40   Appeals of Administrative Penalties

(iii) Subchapter C: Water Rights Enforcement.

§337.51   Show-Cause Enforcement Procedures

§337.52   Notice

§337.53   Enforcement of Commission Orders

§337.54   Enforcement

(3) 31 Texas Administrative Code, Chapter 265—Procedures Before Public Hearing.

§265.1   Initial Pleadings

§265.2   Executive Director Forwards Initial Pleadings to the Commission

§265.3   Acceptance for Filing

§265.4   Affidavit of Publication

§265.5   Effect of Failure to Furnish Affidavit

§265.6   Conference Before Hearing

§265.7   Recordation of Conference Action

§265.8   Prefiled Testimony and Exhibits

§265.9   Written Protest

§265.10   Discovery

§265.11   Forms of Discovery

§265.12   Scope of Discovery

§265.13   Exceptions

§265.14   Protective Orders

§265.15   Duty to Supplement

§265.16   Discovery of Documents and Things

§265.17   Interrogatories to Parties

§265.18   Admission of Facts and Genuineness of Document

§265.19   Requests for Requests for Information

§265.20 Sanctions for Failure to Comply with Discovery Ruling

(4) 31 Texas Administrative Code, Chapter 267—Procedures During Public Hearing.

§267.1   Designation of Parties

§267.2   Statutory Parties

§267.3   Rights of Parties at the Hearing

§267.4   Persons Not Parties

§267.5   Effect of Postponement

§267.6   Furnishing Copies of Pleadings

§267.7   Conference During Hearing

§267.8   Recordation of Hearing Conference Action

§267.9   Agreements to be in Writing

§267.10   Rulings in Commission Evidentiary Hearings

§267.11   Order of Presentation

§267.12   Alignment of Participants

§267.13   General Admissibility of Evidence

§267.14   Objections

§267.15   Interlocutory Appeals

§267.16   Cross-Examination of Witnesses

§267.17   Stipulation

§267.18   Exhibits

§267.19   Copies of Exhibits

§267.20   Abstracts of Documents

§267.21   Excluding Exhibits

§267.22   Official Notice

§267.23   Parties to be Informed of Material Officially Noticed

§267.24   Continuance

§267.25   Oral Argument

§267.26   Submittal of Findings of Fact and Conclusions of Law

(5) 31 Texas Administrative Code, Chapter 273—Procedures After Final Decision.

§273.1   Motion for Rehearing

§273.2   Reply to Motion for Rehearing

§273.3   Granting of Motion for Rehearing

§273.4   Modification of Time Limits

§273.5   Decision Final and Appealable

§273.6   Appeal

§273.7   The Record

§273.8   Costs of Record on Appeal

(iii) The following statutory and regulatory provisions are broader in scope than the federal program, are not part of the approved program, and are not incorporated by reference herein for enforcement purposes.

(A) Texas Water Code, Title 2, Subtitle D, Chapter 26—State Water Administration.

(1) Subchapter I: Underground and Aboveground Storage Tanks.

§26.341   Purpose (Insofar as it applies to aboveground storage tanks.)

§26.342   Definitions (Insofar as (10) and (12) apply to aboveground storage tanks.)

§26.344   Exemptions (Insofar as (a), (d), and (f) apply to aboveground storage tanks.)

§26.3441   Aboveground Storage Tanks (Insofar as it applies to aboveground storage tanks.)

§26.345   Administrative Provisions (Insofar as (a) and (e) apply to aboveground storage tanks.)

§26.346   Registration Requirements (Insofar as (a) applies to aboveground storage tanks.)

§26.349   Reporting of Releases and Corrective Action (Insofar as (a) applies to aboveground storage tanks.)

§26.351   Corrective Action (Insofar as it applies to aboveground storage tanks.)

§26.3511   Corrective Action by the Commission (Insofar as it applies to aboveground storage tanks.)

§26.3514   Limits on Liability of Lender (Insofar as it applies to aboveground storage tanks.)

§26.3515   Limits on Liability of Corporate Fiduciary (Insofar as it applies to aboveground storage tanks.)

§26.355   Recovery of Costs (Insofar as it applies to aboveground storage tanks.)

§26.358   Storage Tank Fund; Fees (Insofar as it applies to aboveground storage tanks.)

(B) 31 Texas Administrative Code, Chapter 334—Underground and Aboveground Storage Tanks.

(1) Subchapter A: General Provisions.

(i) Insofar as §334.1(a)(1), (c), and (d)(2) apply to aboveground storage tanks.

(ii) Insofar as §334.3(b) applies release reporting and corrective action requirements to certain hydraulic lift tanks that are exempt under the federal program.

(iii) Insofar as §334.4 does not exclude airport hydrant fuel distribution systems and UST systems with field-constructed tanks; excludes only sumps less than 110 gallons, as opposed to all tanks; and does not provide a release detection deferral for UST systems that store fuel solely for use by emergency power generators.

(iv) Insofar as §334.4 subjects wastewater treatment tank systems that are deferred in the federal rules to the registration, general operating requirements, and corrective action requirements.

(v) Insofar as §334.4 requires USTs that store radioactive substances or are part of a nuclear power plant to comply with registration and general operating requirements.

(vi) Insofar as §334.4 applies release reporting and corrective action requirements to certain hydraulic lift tanks that are exempt under the federal program.

(2) Subchapter F: Aboveground Storage Tanks (Insofar as it applies to aboveground storage tanks)

§334.121   Purpose and Applicability

§334.122   Definitions

§334.123   Statutory Exemptions

§334.124   Commission Exclusions

§334.125   General Prohibitions and Requirements

§334.126   Installation Notification

§334.127   Registration

§334.128   Annual Facility Fees

§334.129   Release Reporting and Corrective Action

§334.130   Reporting and Recordkeeping

§334.131   Enforcement

§334.132   Other General Provisions

(3) Subchapter I: Underground Storage Tank Contractor Certification and Installer Licensing (Insofar as it applies to individuals other than UST owners and operators)

§334.401   Certificate of Registration for UST Contractor

§334.402   Application for Certificate of Registration

§334.403   Issuance of Certificate of Registration

§334.404   Renewal of Certificate of Registration

§334.405   Denial of Certificate of Registration

§334.406   Fee Assessments for Certificate of Registration

§334.407   Other Requirements

§334.408   Exception to Registration Requirements

§334.409   Revocation, Suspension or Reinstatement of Certification of Registration and License

§334.410   Notice of Hearings

§334.411   Type of Hearing

§334.412   Subchapter I Definitions

§334.413   License for Installers and On-Site Supervisors

§334.414   License for Installers and On-Site Supervisors

§334.415   License A and License B

§334.416   Requirements for Issuance of License A and License B

§334.417   Application for License A and License B

§334.418   Notification of Examination

§334.419   License A and License B Examination

§334.420   Issuance of License A or License B

§334.421   Renewal of License

§334.422   Denial of License A or License B

§334.423   Fees Assessments for License A and License B

§334.424   Other Requirements for a License A and License B

§334.425   Exceptions to License A and License B Requirements

§334.426   Revocation, Suspension, or Reinstatement of a License A and License B

§334.427   Notice of Hearings

§334.428   Type of Hearing

(4) Subchapter J: Registration of Corrective Action Specialists and Project Managers for Product Storage Tank Remediation Projects (Insofar as it applies to individuals other than UST owners and operators)

§334.451   Applicability of Subchapter J

§334.452   Exemptions from Subchapter J

§334.453   General Requirements and Prohibitions

§334.454   Exception for Emergency Abatement Actions

§334.455   Notice to Owner or Operator

§334.456   Application for Certificate of Registration for Corrective Action Specialist

§334.457   Application for Certificate of Registration for Corrective Action Project Manager

§334.458   Review and Issuance of Certificates of Registration

§334.459   Continuing Education Requirements for Corrective Action Project Managers

§334.460   Renewal of Certificate of Registration for Corrective Action Specialist and Corrective Action Project Manager

§334.461   Denial of Certificate of Registration

§334.462   Other Requirements

§334.463   Grounds for Revocation or Suspension of Certificate of Registration

§334.465   Procedures for Revocation or Suspension of Certificate of Registration

§334.466   Reinstatement of a Certificate of Registration

(2) Statement of legal authority. (i) “Attorney General's Statement for Final Approval”, signed by the Attorney General of Texas on January 11, 1994, 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.

(ii) Letter from the Attorney General of Texas to EPA, January 11, 1994, 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 Procedures for Adequate Enforcement” submitted as part of the original application on April 28, 1994, 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 original application on April 28, 1994, 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 6 and the Texas Natural Resource Conservation Commission, signed by the EPA Regional Administrator on January 13, 1995, 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.

[61 FR 1224, Jan. 18, 1996]

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§282.94   Utah State-Administered Program.

(a) History of the approval of Utah's Program. The State of Utah is approved to administer and enforce an underground storage tank 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 program, as administered by the Utah Department of Environmental Quality (DEQ), Division of Environmental Response and Remediation (DERR), was approved by EPA pursuant to 42 U.S.C. 6991c and Part 281 of this Chapter. EPA published the notice of final determination approving the Utah underground storage tank base program effective on April 7, 1995. A subsequent program revision application was approved by EPA and became effective on January 4, 2019.

(b) Enforcement authority. Utah has primary responsibility for administering and enforcing its federally approved underground storage tank 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) To retain program approval, Utah must revise its approved 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 Utah obtains approval for the 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) Utah has final approval for the following elements of its program application originally submitted to EPA and approved effective April 7, 1995, and the program revision application approved by EPA effective on January 4, 2019:

(1) State statutes and regulations—(i) Incorporation by reference. The Utah provisions cited in this paragraph, and listed in Appendix A to part 282, are incorporated by reference as part of the underground storage tank 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 obtain copies of the Utah regulations that are incorporated by reference in this paragraph from Utah's Office of Administrative Rules, Office Coordinator, P.O. Box 141007, Salt Lake City, UT 84114-1007; Phone number: 801-538-3003; website: https://rules.utah.gov/publications/utah-adm-code/. You may inspect all approved material at the EPA Region 8, 1595 Wynkoop Street, Denver, Colorado 80202 (Phone number (303) 312-6284 or the National Archives and Records Administration (NARA). For information on the availability of the material at NARA, call 202-741-6030 or go to http://www.archives.gov/federal-register/cfr/ibr-locations.html.

(A) Utah Statutory and Regulatory Requirements Applicable to the Underground Storage Tank Program, October 2018.

(B) [Reserved]

(ii) Legal basis. EPA evaluated the following statutes and regulations which provide the legal basis for the State's implementation of the underground storage tank program, but they are not being incorporated by reference and do not replace Federal authorities:

(A) The statutory provisions include: Utah Code (May 8, 2018), Title 19, “Environmental Quality Code,” Chapter 6, “Hazardous Substances,” Part 4 “Underground Storage Tank Act”: Sections 19-6-402 (14); 19-6-404(2)(f), (j), and (m); 19-6-407(2); 19-6-414; 19-6-416; 19-6-418; 19-6-420(2), (4)(a), (5)(b), (8), and (9)(b); 19-6-424.5; 19-6-425; 19-6-426(5) and (6); 19-6-427, and 19-5-429(1).

(B) The regulatory provisions include:

(1) Utah Administrative Code (January 1, 2017), Title 311: “Environmental Quality, Environmental Response and Remediation”: Sections R311-206-7(a) and (f); R311-208-1 through R311-208-5.

(2) Utah Administrative Code (January 1, 2017), Title 305: “Environmental Quality, Administrative Procedures”: Sections R305-7-101 through R305-7-113; R305-7-200 through R305-7-217; R305-7-301 through R305-7-320; R305-7-401 through R305-7-403; R305-7-501 through R305-7-503; and R305-7-601 through R305-7-623.

(iii) Provisions not incorporated by reference. The following specifically identified sections and rules applicable to the Utah underground storage tank program that are broader in coverage than the federal program, are not part of the approved program, and are not incorporated by reference herein for enforcement purposes:

(A) Utah Code (May 8, 2018), Title 19: “Environmental Quality Code,” Chapter 6, “Hazardous Substances,” Part 4 “Underground Storage Tank Act”: Sections 19-6-412(6); and 19-6-411(7).

(B) Utah Administrative Code (January 1, 2017), Title 311: “Environmental Quality, Environmental Response and Remediation”: Sections R311-201-2; R311-201-4; R311-201-5 through 10; R311-203-3(b), (c) and (g); R311-203-4; R311-206-2(a)(1), (b) and (c); and R311-206-8(a)(1)—(4) and (f)(1)(A).

(2) Statement of legal authority. The Attorney General's Statements, signed by the Assistant Attorney General and Director of the Environment and Health Division of the Utah Attorney General's Office of the State of Utah on October 2, 2017, 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.

(3) Demonstration of procedures for adequate enforcement. The “Demonstration of Procedures for Adequate Enforcement” submitted as part of the original application on February 28, 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 original application on February 28, 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 8 and the Utah Department of Environmental Quality, signed by the EPA Acting Regional Administrator on July 27, 2017, 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.

[83 FR 55290, Nov. 5, 2018]

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§282.95   Vermont State-Administered Program.

(a) The State of Vermont is approved to administer and enforce an underground storage tank 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 program, as administered by the Vermont Department of Environmental Conservation, was approved by EPA pursuant to 42 U.S.C. 6991c and 40 CFR part 281. EPA approved the Vermont program on January 3, 1992, and the approval was effective on February 3, 1992.

(b) Vermont has primary responsibility for enforcing its underground storage tank program. However, EPA retains the authority to exercise its inspection and enforcement authorities under Sections 9005 and 9006 of Subtitle I of RCRA, 42 U.S.C. 6991d and 6991e, as well as under other statutory and regulatory provisions.

(c) To retain program approval, Vermont must revise its approved 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 Vermont obtains approval for the 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) Vermont has final approval for the following elements submitted to EPA in Vermont's program application for final approval and approved by EPA on January 3, 1992. Copies may be obtained from the Underground Storage Tank Program, Vermont Department of Environmental Conservation, 103 South Main Street, West Building, Waterbury, VT 05671-0404. The elements are listed below:

(1) State statutes and regulations. (i) The provisions cited in this paragraph are incorporated by reference as part of the underground storage tank program under Subtitle I of RCRA, 42 U.S.C. 6991 et seq.

(A) Vermont Statutory Requirements Applicable to the Underground Storage Tank Program, 1995.

(B) Vermont Regulatory Requirements Applicable to the Underground Storage Tank Program, 1995.

(ii) The following statutes and regulations are part of the approved state program, although not incorporated by reference herein for enforcement purposes.

(A) The statutory provisions include: Title 10 Vermont Statutes Annotated, Chapter 59, Sections 1931 through 1935.

(B) The regulatory provisions include: Vermont Environmental Protection Rules, Chapter 8, Sections 104 through 106.

(iii) The following statutory and regulatory provisions are broader in scope than the federal program, are not part of the approved program, and are not incorporated by reference herein for enforcement purposes.

(A) Title 10 Vermont Statutes Annotated, Chapter 59, Section 1929, insofar as it refers to registration requirements for tanks greater than 1,100 gallons containing heating oil consumed on the premises where stored.

(B) Vermont Environmental Protection Rules, Chapter 8, Section 301, registration requirements, and Section 605(2), permanent closure requirements, insofar as they refer to tanks greater than 1,100 gallons containing heating oil consumed on the premises where stored.

(2) Statement of legal authority. (i) “Attorney General's Statement for Final Approval,” signed by the Attorney General of Vermont on April 11, 1991, 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.

(ii) Letter from the Attorney General of Vermont to EPA, April 11, 1991, 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 Procedures for Adequate Enforcement” submitted as part of the original application in May 1991, 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 original application in May 1991, 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. On March 2, 1992, EPA and the Vermont Department of Environmental Conservation signed the Memorandum of Agreement. Though not incorporated by reference, the Memorandum of Agreement is referenced as part of the approved underground storage tank program under Subtitle I of RCRA, 42 U.S.C. 6991 et seq.

[60 FR 47301, Sept. 12, 1995]

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§282.96   Virginia State-Administered Program.

(a) The State of Virginia's underground storage tank program is approved in lieu of the Federal program in accordance with Subtitle I of the Resource Conservation and Recovery Act of 1976 (RCRA), as amended, 42 U.S.C. 6991 et seq. The State's program, as administered by the Virginia Department of Environmental Quality, was approved by EPA pursuant to 42 U.S.C. 6991c and part 281 of this chapter. EPA approved the Virginia underground storage tank program on September 28, 1998, and approval was effective on October 28, 1998.

(b) Virginia has primary responsibility for enforcing its underground storage tank program. However, EPA retains the authority to exercise its inspection and enforcement authorities in accordance with sections 9005 and 9006 of Subtitle I of RCRA, 42 U.S.C. 6991d and 6991e, regardless of whether the State has taken its own actions, as well as in accordance with other statutory and regulatory provisions.

(c) To retain program approval, Virginia must revise its approved 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 Virginia obtains approval for the 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) Virginia has final approval for the following elements submitted to EPA in the State's program application for final approval. On September 28, 1998, EPA published notice of approval of the State's program in the Federal Register, 63 FR 51528. That approval became effective on October 28, 1998. Copies of Virginia's program application may be obtained from the Virginia Department of Environmental Quality, 629 East Main Street, Richmond, VA 23240-0009.

(1) State statutes and regulations. (i) The provisions cited in this paragraph, with the exception of the provisions cited in paragraphs (d)(1)(ii) and (iii) of this section, are incorporated by reference as part of the approved underground storage tank program in accordance with Subtitle I of RCRA, 42 U.S.C. 6991 et seq.

(A) Virginia Statutory Requirements Applicable to the Underground Storage Tank Program, 1998.

(B) Virginia Regulatory Requirements Applicable to the Underground Storage Tank Program, 1998.

(ii) EPA considered the following statutes in evaluating the State program, but did not incorporate them by reference.

(A) The statutory provisions include:

(1) Code of Virginia, Title 10.1, Subtitle II, Chapter 11.1: Department of Environmental Quality, Article 1: General Provisions

Section 10.1-1186   General powers of the department

(2) Code of Virginia, Title 62.1, Chapter 3.1: State Water Control Law, Article 2: Control Board Generally

Section 62.1-44.14   Chairman; Executive Director; employment of personnel; supervision; budget preparation

Section 62.1-44.15   Powers and duties

(3) Code of Virginia, Title 62.1, Chapter 3.1: State Water Control Law, Article 5: Enforcement and Appeal Procedure

Section 62.1-44.20   Right to entry to obtain information

Section 62.1-44.21   Information to be furnished to Board

Section 62.1-44.21   Private rights not affected

Section 62.1-44.23   Enforcement by injunction

Section 62.1-44.23:1   Intervention of Commonwealth in actions involving surface water withdrawals

Section 62.1-44.24   Testing validity of regulations; judicial review

Section 62.1-44.25   Right to hearing

Section 62.1-44.26   Hearings

Section 62.1-44.27   Rules of evidence in hearings

Section 62.1-44.28   Decisions of the Board in hearings pursuant to §62.1-44.15 and 62.1-44.25

Section 62.1-44.29   Judicial review

Section 62.1-44.30   Appeal to Court of Appeals

(4) Code of Virginia, Title 62.1, Chapter 3.1: State Water Control Law, Article 6: Offenses and Penalties

Section 62.1-44.31   Violation of special order or certificate or failure to cooperate with Board

Section 62.1-44.32   Penalties

(iii) The following statutory and regulatory provisions are broader in scope than the Federal program, are not part of the approved program, and are not incorporated by reference. These provisions are not federally enforceable.

(A) The statutory provisions include:

(1) Code of Virginia, Title 62.1, Chapter 3.1: State Water Control Law

Section 62.1-44.34:8   Definitions, “Aboveground storage tank” and “Regulated substance”

(2) Code of Virginia, Title 62.1, Chapter 3.1: State Water Control Law, Article 10: Petroleum Storage Tank Fund

Section 62.1-44.34.10   Definitions, “Aboveground storage tank” and “Regulated substance”

Section 62.1-44.34:13   Levy of fee for Fund maintenance

(B) The regulatory provisions include Virginia Administrative Code, Title 9, Agency 25: State Water Control Board, Chapter 580: Underground Storage Tanks—Technical Standards and Corrective Action Requirements

9 VAC 25-580-10   Definitions, “Underground storage tank” includes heating oil tanks of greater than 5,000 gallon capacity and “Regulated substance”

9 VAC 25-580-130   General requirements for all petroleum and hazardous substance UST systems, heating oil tanks of greater than 5,000 gallon capacity

9 VAC 25-580-290   Corrective action plan (CAP) permit

(2) Statement of legal authority. (i) “Attorney General's Statement,” signed by the State Attorney General on July 14, 1998, though not incorporated by reference, is referenced as part of the approved underground storage tank program in accordance with Subtitle I of RCRA, 42 U.S.C. 6991 et seq.

(ii) Letter from the Attorney General of Virginia to EPA, July 14, 1998, though not incorporated by reference, is referenced as part of the approved underground storage tank program in accordance with Subtitle I of RCRA, 42 U.S.C. 6991 et seq.

(3) Demonstration of procedures for adequate enforcement. The “Demonstration of Procedures for Adequate Enforcement” submitted as part of the original application on July 15, 1998, though not incorporated by reference, is referenced as part of the approved underground storage tank program in accordance with 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 original application on July 15, 1998, though not incorporated by reference, are referenced as part of the approved underground storage tank program in accordance with Subtitle I of RCRA, 42 U.S.C. 6991 et seq.

(5) Memorandum of Agreement. The Memorandum of Agreement between EPA Region III and the Virginia Department of Environmental Quality, signed by the EPA Regional Administrator on September 17, 1998, though not incorporated by reference, is referenced as part of the approved underground storage tank program in accordance with Subtitle I of RCRA, 42 U.S.C. 6991 et seq.

[69 FR 33313, June 15, 2004]

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§282.97   [Reserved]

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§282.98   West Virginia State-Administered Program.

(a) The State of West Virginia's underground storage tank program is approved in lieu of the Federal program in accordance with Subtitle I of the Resource Conservation and Recovery Act of 1976 (RCRA), as amended, 42 U.S.C. 6991 et seq. The State's program, as administered by the West Virginia Department of Environmental Protection, was approved by EPA pursuant to 42 U.S.C. 6991c and part 281 of this chapter. EPA approved the West Virginia underground storage tank program on September 23, 1997, and approval was effective on February 10, 1998.

(b) West Virginia has primary responsibility for enforcing its underground storage tank program. However, EPA retains the authority to exercise its inspection and enforcement authorities in accordance with sections 9005 and 9006 of Subtitle I of RCRA, 42 U.S.C. 6991d and 6991e, regardless of whether the State has taken its own actions, as well as in accordance with other statutory and regulatory provisions.

(c) To retain program approval, West Virginia must revise its approved 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 West Virginia obtains approval for the 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) West Virginia has final approval for the following elements submitted to EPA in the State's program application for final approval. On September 23, 1997, EPA published notice of approval of the State's program in the Federal Register, 62 FR 49620. That approval became effective on February 10, 1998 (63 FR 6667). Copies of West Virginia's program application may be obtained from the West Virginia Department of Environmental Protection, 1356 Hansford Street, Charleston, WV 25301-1401.

(1) State statutes and regulations. (i) The provisions cited in this paragraph, with the exception of the provisions cited in paragraphs (d)(1)(ii) and (iii) of this section, are incorporated by reference as part of the approved underground storage tank program in accordance with Subtitle I of RCRA, 42 U.S.C. 6991 et seq.

(A) West Virginia Statutory Requirements Applicable to the Underground Storage Tank Program, 1997.

(B) West Virginia Regulatory Requirements Applicable to the Underground Storage Tank Program, 1997.

(ii) EPA considered the following statutes in evaluating the State program, but did not incorporate them by reference.

(A) The statutory provisions include:

(1) Code of West Virginia, Article 17: Underground Storage Tanks

Section 22-17-5   Powers and duties of director; integration with other acts

Section 22-17-6   Promulgation of rules and standards by director, §22-17-6.(b)(13)

Section 22-17-12   Confidentiality, §22-17-12.(b)

Section 22-17-13   Inspections, monitoring, and testing

Section 22-17-15   Administrative orders; injunctive relief; requests for reconsideration

Section 22-17-16   Civil penalties

Section 22-17-17   Public participation

Section 22-17-18   Appeal to environmental quality board

Section 22-17-23   Duplicative enforcement prohibited

(2) [Reserved]

(iii) The following statutory and regulatory provisions are broader in scope than the Federal program, are not part of the approved program, and are not incorporated by reference. These provisions are not federally enforceable.

(A) The statutory provisions include:

(1) Code of West Virginia, Article 17: Underground Storage Tanks

Section 22-17-6   Promulgation of rules and standards by director, §22-17-6.(b)(12)

Section 22-17-7   Underground storage tank advisory committee; purpose

Section 22-17-19   Disclosures required in deeds and leases

Section 22-17-20   Appreciation of funds; underground storage tank administrative fund

Section 22-17-21   Leaking underground storage tank response fund

(2) [Reserved]

(B) The regulatory provisions include:

(1) West Virginia Code of State Regulations, Title 33: Office of Waste Management Rule, Series 30: Underground Storage Tanks

Section 33-30-3   Certification Requirements for Individuals who Install, Repair, Retrofit, Upgrade, Perform Change-in-Service, Close or Tightness Test Underground Storage Tank Systems

Section 33-30-4   Notification Requirements, §33-30-4.2.b and 4.4.b

Section 33-30-5   Carriers

(2) West Virginia Code of State Regulations, Title 33: Office of Waste Management Rule, Series 31: Underground Storage Tank Fee Assessments

(3) West Virginia Code of State Regulations, Title 33: Office of Waste Management Rule, Series 32: Underground Storage Tank Insurance Trust Fund

(2) Statement of legal authority. (i) “Attorney General's Statement”, signed by the State Attorney General on June 30, 1997, though not incorporated by reference, is referenced as part of the approved underground storage tank program in accordance with Subtitle I of RCRA, 42 U.S.C. 6991 et seq.

(ii) Letter from the Attorney General of West Virginia to EPA, June 30, 1997, though not incorporated by reference, is referenced as part of the approved underground storage tank program in accordance with Subtitle I of RCRA, 42 U.S.C. 6991 et seq.

(3) Demonstration of procedures for adequate enforcement. The “Demonstration of Procedures for Adequate Enforcement” submitted as part of the original application on July 7, 1997, though not incorporated by reference, is referenced as part of the approved underground storage tank program in accordance with 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 original application on July 7, 1997, though not incorporated by reference, are referenced as part of the approved underground storage tank program in accordance with Subtitle I of RCRA, 42 U.S.C. 6991 et seq.

(5) Memorandum of Agreement. The Memorandum of Agreement between EPA Region III and the West Virginia Division of Environmental Protection, signed by the EPA Regional Administrator on September 15, 1997, though not incorporated by reference, is referenced as part of the approved underground storage tank program in accordance with Subtitle I of RCRA, 42 U.S.C. 6991 et seq.

[69 FR 33311, June 15, 2004]

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§§282.99-282.101   [Reserved]

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§282.102   Puerto Rico State-Administered Program.

(a) The Commonwealth of Puerto Rico is approved to administer and enforce an underground storage tank 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 Commonwealth's program, as administered by the Commonwealth of Puerto Rico Environmental Quality Board, is approved by EPA pursuant to 42 U.S.C. 6991c and Part 281 of this chapter. EPA is publishing the notice of final determination on the approved Commonwealth of Puerto Rico underground storage tank program concurrently with this notice and it will be effective on March 31, 1998.

(b) The Commonwealth of Puerto Rico has primary responsibility for enforcing its underground storage tank program. However, EPA retains the authority to exercise its corrective action, inspection and enforcement authorities under sections 9003(h)(1), 9005 and 9006 of subtitle I of RCRA, 42 U.S.C. 6991b(h)(1), 6991d and 6991e, as well as its authority under other statutory and regulatory provisions.

(c) To retain program approval, the Commonwealth of Puerto Rico must revise its approved 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 the Commonwealth obtains approval for the 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) The Commonwealth of Puerto Rico has final approval for the following elements submitted to EPA in its program application for final approval and to be published in the Federal Register concurrently with this notice, and to be effective on March 31, 1998. Copies may be obtained from the Underground Storage Tank Program, Puerto Rico Environmental Quality Board, 431 Ponce De Leon Avenue, Nacional Plaza, Suite 614, Hato Rey, PR 00917, Phone: (787) 767-8109.

(1) State statutes and regulations. (i) The provisions cited in this paragraph are incorporated by reference as part of the underground storage tank program under subtitle I of RCRA, 42 U.S.C. 6991 et seq.

(A) Puerto Rico Statutory Requirements Applicable to the Underground Storage Tank Program, 1997.

(B) Puerto Rico Regulatory Requirements Applicable to the Underground Storage Tank Program, 1997.

(ii) The following specifically identified sections and rules in the Commonwealth of Puerto Rico's statutes, regulations and rules are part of the approved Commonwealth program, although not incorporated by reference herein for enforcement purposes.

(A) The statutory provisions include:

(1) Public Policy Environmental Act of 1970, Act Number 9, June 18, 1970, as amended, 12 Laws of Puerto Rico Annotated (L.P.R.A.) §1121 et seq.

(i) Section 1131  Functions and duties [Insofar as paragraphs (10), (12), (13), (19), (22), (23), (25), (26), (29), and (30) set forth enforcement authorities.]

(ii) Section 1134  Hearings, orders and judicial proceedings

(iii) Section 1136  Penalty

(iv) Section 1139  Civil actions

(v) Section 1142  Powers [Insofar as (b)(5) sets forth enforcement authorities.]

(2) Puerto Rico Environmental Emergency Fund Act, 12 L.P.R.A. §1269 et seq.

(B) The regulatory provisions include:

(1) Underground Storage Tank Control Regulations, Regulation Number 4362, promulgated by the Commonwealth of Puerto Rico Environmental Quality Board on November 7, 1990.

(2) Part X—General Provisions.

(i) Rule 1005  Right of Entry

(ii) Rule 1007  Notice of Violation and Compliance Order

(iii) Rule 1008  Closure of an Underground Storage Tank

(iv) Rule 1010   Penalties

(C) Other provisions include:

(1) Puerto Rico Civil Procedure Rules of 1979, 32 L.P.R.A. Appendix III

(2) Rules of Administrative Procedure for Hearings in Environmental Quality Board, Regulation Number 3672, promulgated on October 19, 1988.

(iii) The following specifically identified sections and rules in the Commonwealth of Puerto Rico's statutes, regulations and rules are broader in scope than the federal program, are not part of the approved program, and are not incorporated by reference herein for enforcement purposes.

(A) The statutory provisions include:

(1) Public Policy Environmental Act of 1970, Act Number 9, June 18, 1970, as amended, 12 Laws of Puerto Rico Annotated (L.P.R.A.) §§1121 et seq.

(i) Section 1131—Functions and duties [Insofar as paragraph (13) addresses permit and license requirements and associated fees, as well as the NPDES and UIC programs; and paragraph (34) relates solely to the solid and hazardous waste programs.]

(ii) Section 1132—Transfer of powers

(iii) Section 1135—Character of Board for federal purposes [Insofar as it addresses permit requirements.]

(iv) Section 1138—Effectiveness of previous documents [Insofar as it addresses permit and licensing requirements.]

(B) The regulatory provisions include:

(1) Underground Storage Tank Control Regulations, Regulation Number 4362, promulgated by the Commonwealth of Puerto Rico Environmental Quality Board on November 7, 1990.

(i) Part VI—Release Response and Corrective Action for UST Systems Containing Petroleum or Hazardous Substances: Rule 603—Initial Abatement Measures and Site Check [Insofar as 603(A)(5) requires owners and operators to obtain permits or franchises for drilling and installation of groundwater monitoring and/or extraction wells.]; Rule 605—Free Product Removal [Insofar as 605(A) and 605(D)(6) require owners and operators to obtain permits or franchises for drilling and installation of water monitoring and/or extraction wells.].

(ii) Part XII—Fee Rules [Insofar as fees are broader in scope than the federal program.]: Rule 1201—Applicability; Rule 1202—Annual Notification Fees; Rule 1203—Fee Relative to Transfer of Ownership; Rule 1204—Fees for Duplication of Records; Rule 1205—Fee Payments; Rule 1206—Exemptions from Fees; Rule 1207—Fees for Revision of Permanent Closure Plans; Rule 1208—Fees for Annual Re-certification of UST Facilities.

(2) Statement of legal authority. The Attorney General Statement, a letter signed on July 2, 1997, 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 Procedures for Adequate Enforcement” submitted as part of the application for approval on January 17, 1996, 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 January 17, 1996 and supplemented on April 17, 1997, 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 2 and the Puerto Rico Environmental Quality Board, signed by an authorized representative of the Environmental Quality Board on March 7, 1997 and subsequently by an authorized representative of EPA, 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.

[63 FR 4593, Jan. 30, 1998]

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§§282.103-282.105   [Reserved]

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Appendix A to Part 282—State Requirements Incorporated by Reference in Part 282 of the Code of Federal Regulations

Link to an amendment published at 85 FR 34369, June 4, 2020.

Link to an amendment published at 85 FR 37353, June 22, 2020.

The following is an informational listing of the state requirements incorporated by reference in part 282 of the Code of Federal Regulations:

Alabama

(a) The statutory provisions include Code of Alabama 1975, Title 22, Chapter 36, Underground Tank and Wellhead Protection Act:

Section 1   Short title.

Section 2   Definitions.

Section 3   Rules and regulations governing underground storage tanks.

Section 4   Information to be furnished by owner upon request of department; owner to permit access to records and entry and inspection of facilities.

Section 6   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.

Section 8   Availability to public of records, reports, or information obtained under chapter.

Section 10   Rules and regulations.

(b) The regulatory provisions include Alabama Department of Environmental Management, Administrative Code, Division 6, Water Quality Program, Volume II, revised effective: June 1, 1994, Chapter 335-6-15: Technical Standards, Corrective Action Requirements and Financial Responsibility for Owners and Operators of Underground Storage Tanks.

Section .01   Purpose.

Section .02   Definitions.

Section .03   Applicability.

Section .04   Interim Prohibition for Deferred UST Systems.

Section .05   Notification, except those USTs taken out of operation on or before January 1, 1974.

Section .06   Performance Standards for New UST Systems.

Section .07   Upgrading of Existing UST Systems.

Section .08   Plans and Specifications.

Section .09   Spill and Overfill Control.

Section .10   Operation and Maintenance of Corrosion Protection.

Section .11   Compatibility.

Section .12   Repairs Allowed.

Section .13   Reporting and Recordkeeping.

Section .14   General Release Detection Systems for all UST Systems.

Section .15   Release Detection Requirements for Petroleum UST Systems.

Section .16   Release Detection Requirements for Hazardous Substance UST Systems.

Section .17   Methods of Release Detection for Tanks.

Section .18   Methods of Release Detection for Pipes.

Section .19   Release Detection Recordkeeping.

Section .20   Reporting of Suspected Releases.

Section .21   Investigation Due to Environmental Impact.

Section .22   Release Investigation and Confirmation Steps.

Section .23   Reporting and Clean-up of Spills and Overfills.

Section .24   Initial Release Response.

Section .25   Initial Abatement Measures and Preliminary Investigation.

Section .26   Preliminary Investigation Requirements.

Section .27   Free Product Removal.

Section .28   Secondary Investigation Requirements.

Section .29   Corrective Action Plan.

Section .30   Corrective Action Limits for Soils.

Section .31   Corrective Action Limits for Ground Water.

Section .32   Alternative Corrective Action Limits.

Section .33   Risk Assessment.

Section .34   Public Participation.

Section .35   Analytical Requirements.

Section .36   Temporary Closure.

Section .37   Permanent Closure.

Section .38   Site Closure or Change-in-Service Assessments.

Section .39   Applicability to Previously Closed UST Systems.

Section .40   Closure Records.

Section .41   Alternate or Temporary Drinking Water Source.

Section .42   Availability to Public of Records, Reports or information.

Section .43   Access to Records.

Section .44   Entry and Inspection of Facilities.

Section .46   Financial Responsibility for Petroleum UST Owners and Operators.

Section .48   Severability.

Arkansas

(a) The statutory provisions include:

1. Arkansas Code Annotated, Title 8, Chapter 7, Subchapter 8—Regulated Substance Storage Tanks:

Section 8-7-801   Definitions and exceptions

Section 8-7-803   Regulations generally

Section 8-7-804   Procedures of department generally

Section 8-7-807   Responsibility and liability of owner

Section 8-7-808   Regulated Substance Storage Tank Program Fund

Section 8-7-810   Insurance pools

Section 8-7-811   Trade secrets

Section 8-7-812   Subchapter controlling over other laws

Section 8-7-813   Registration

2. Arkansas Code Annotated, Title 8, Chapter 7, Subchapter 9—Petroleum Storage Tank Trust Fund Act:

Section 8-7-901   Title

Section 8-7-902   Definitions

Section 8-7-903   Rules and Regulations—Powers of department [Except (c), which addresses aboveground storage tanks.]

Section 8-7-904   Advisory committee

Section 8-7-905   Petroleum Storage Tank Trust Fund

Section 8-7-906   Petroleum environmental assurance fee

Section 8-7-907   Payments for corrective action

Section 8-7-908   Third-party claims

Section 8-7-909   Confidential treatment of information

(b) The regulatory provisions include:

1. Arkansas Department of Pollution Control and Ecology Regulation Number 12—Storage Tank Regulation:

a. Chapter 1: General Provisions

Section 1: Purpose

Section 2: Authority

Section 3: Short Title

b. Chapter 2: Regulations Promulgated Under Acts 172 and 173 of 1989 and Act 65 of the Third Extraordinary Session of 1989 for Administration of the State Regulated Storage Tank Program

Section 1: Incorporation of Federal Regulations

Section 2: Arkansas Petroleum Storage Tank Trust Fund Act

Section 3: Definitions

c. Chapter 3: Fees

Section 1: Underground and Aboveground Storage Tank Registration Fees [Except insofar as it applies to aboveground storage tanks.]

Section 2: Underground Storage Tank Licensing Fees

Section 3: Late Payment Penalties

Section 4: Refusal or Failure to Pay Fees

d. Chapter 4: Petroleum Storage Tank Trust Fund Release Reimbursement

Section 1: Purpose

Section 2: Amount of Reimbursement

Section 3: Initial Fund Eligibility

Section 4: Loss and Restoration of Initial Fund Eligibility

Section 5: Corrective Action Reimbursement Procedure

Section 6: Reimbursement Application Review

Section 7: Allowable Costs

Section 8: Reasonable Costs

Section 9: Audits

Section 10: Deductible

Section 11: Third Party Claim Reimbursement Procedure

Section 12: Compliance

Section 13: Fund Availability

Section 14: Cost Recovery

e. Chapter 7: Confidentiality

Section 1: Confidentiality Requests

Section 2: Responsibility

Section 3: Submission Procedure

Section 4: Requirements for Protection

Section 5: Acceptability of Information

Section 6: Security

f. Chapter 9: Severability

g. Chapter 10: Effective Date

Colorado

(a) The statutory provisions include: Colorado Revised Statutes (2018), Title 8 Labor and Industry, Article 20.5 Petroleum Storage Tanks, Part 1 Administration: Section 8-20.5-101(16) definition of “tank”.

(b) The regulatory provisions include:

(1) Code of Colorado Regulations (May 1, 2018), 7 CCR 1101-14 “Department of Labor and Employment, Division of Oil and Public Safety, Storage Tank Regulations”:

Article 1 General Provisions:

Section 1-5 Definitions, except “aboveground storage tank” (AST), “aboveground storage tank (AST) system,” “fire resistant tank,” “motor fuel,” the phrase “or above ground” in the definition of “operator,” Item (3) in the definition of “owner” relative to ASTs, and paragraph relative to ASTs in the definition of “secondary containment”; 1-6 Glossary of Acronyms and Initializations;

Article 2 Underground Storage Tanks:

Section 2-1 UST Program Scope and Applicability; Subsections 2-1-1 Applicability; 2-1-2 Determination of ownership and use;

Section 2-2 UST Design, Construction, Installation and Registration; Subsections 2-2-1 Design and Performance standards for new and replaced UST systems; 2-2-2 Installation; 2-2-2-1 Installation Application; 2-2-2-2 Installation Requirements; 2-2-2-3 Installation Inspection; 2-2-3 UST System Registration; 2-2-4 Upgrading existing UST System; 2-2-5 Repairs;

Section 2-3 Operation; Subsections 2-3-1 Operator training; 2-3-1-1 Classes of Operators; 2-3-1-2 Class A Operator; 2-3-1-3 Class B Operator; 2-3-1-4 Class C Operator; 2-3-1-5 Acceptable Training and Certification Processes; 2-3-1-6 Training and Certification Deadlines and Schedules; 2-3-1-7 Retraining Requirements; 2-3-1-8 Documentation; 2-3-2 Spill and Overfill Prevention; 2-3-3 Corrosion Protection; 2-3-4 Release Detection; 2-3-4-1 General requirements for all UST systems; 2-3-4-2 Requirements for regulated substance UST Systems; 2-3-4-3 Requirements for Piping; 2-3-4-4 Requirements for hazardous substance UST systems; 2-3-5 Periodic testing of spill prevision equipment and containment sumps used for interstitial monitoring of piping and periodic inspection of overfill prevention equipment; 2-3-6 Compliance inspections; 2-3-6-1 Monthly Compliance Inspections; 2-3-6-2 Annual Operational Compliance Inspections; 2-3-6-3 Inspections Conducted by the Director; 2-3-7 Reporting and Record Keeping;

Section 2-4 Closure of UST Systems; Subsections 2-4-1 Temporary Closure; 2-4-2 Permanent Closure; 2-4-3 Site Assessment;

Section 2-5 UST Systems with Field-Constructed Tanks and Airport Hydrant Fuel Distribution Systems; Subsections 2-5-1 Definitions; 2-5-2 General requirements; 2-5-3 Additions, exceptions, and alternatives for UST systems with field-constructed tanks and airport hydrant systems;

Article 4 Release Identification And Reporting:

Sections 4-1 Suspected Releases; 4-2 Response to Suspected Releases; 4-3 Confirmed Releases;

Article 5 Release Response:

Section 5-1 Response to Confirmed Releases; Subsections 5-1-1 Acute human health hazards; 5-1-2 Chronic and secondary human health hazards and other environmental impacts; Section 5-2 Site Characterization;

Section 5-3 Corrective Action;

Section 5-4 No Further Action Request;

Article 7 Financial Responsibility Requirements For Owners/Operators Of Petroleum Underground Storage Tanks:

Section 7-1 Applicability;

Section 7-2 Financial Responsibility Mechanisms;

Section 7-3 Maintenance of Financial Responsibility.

(c) Copies of the Colorado statutes and regulations that are incorporated by reference are available from the following offices:

Statutes—Colorado Revisor of Statutes, 200 E. Colfax Avenue, Denver, CO 80203; Attn: Office of Legislative Legal Services; Phone number: (303) 866-2045; website: https://leg.colorado.gov/agencies/office-legislative-legal-services/colorado-revised-statutes.

Regulations—Colorado's Secretary of State, 1700 Broadway, Denver, CO 80290; Attn: Code of Colorado Regulations and Administrative Rules; Phone number: (303) 894-2200 ext. 6418; email: [email protected]; website: https://www.sos.state.co.us/CCR/Welcome.do.

Connecticut

(a) The statutory provisions include Connecticut's General Statutes, Chapter 446k, Section 22a-449(d), Duties and Powers of Commissioner, January 1, 1995.

(b) The regulatory provisions include Regulations of Connecticut State Agencies (“R.C.S.A.”) Sections 22a-449(d)-101 through 113, Underground Storage Tank System Management, July 28, 1994:

Section 22a-449(d)-101   Technical Standards and Corrective Action Requirements for Owners and Operators of Underground Storage Tanks—Program Scope and Interim Prohibition

(a) Applicability of Sections 22a-449(d)-101 through 22a-449(d)-113.

(b) Interim Prohibition for deferred UST systems.

(c) General.

(d) Definition.

Section 22a-449(d)-102   UST Systems: Design, Construction, Installation, and Notification

(a) Performance standards for new UST systems.

(b) Notification Requirements.

Section 22a-449(d)-103   General Operating Requirements

(a) Spill and overflow control.

(b) Operating and maintenance of corrosion protection.

(c) Compatibility.

(d) Repairs allowed.

(e) Reporting and recordkeeping.

Section 22a-449(d)-104   Release Detection

(a) General requirements for all UST systems.

(b) Additional requirements.

(c) Requirements for petroleum UST systems.

(d) Requirements for hazardous substance UST systems.

(e) Methods of release detection for tanks.

(f) Methods of release detection for piping.

(g) Release detection recordkeeping.

Section 22a-449(d)-105   Release Reporting, Investigation, and Confirmation

(a) Reporting of suspected releases.

(b) Investigation due to off-site impacts.

(c) Release investigation and confirmation steps.

(d) Reporting and cleanup of spills and overfills.

Section 22a-449(d)-106   Release Response and Corrective Action for UST Systems Containing Petroleum or Hazardous Substances

(a) General.

(b) Additional requirements.

(c) Initial response.

(d) Initial abatement measures and site check.

(e) Initial site characterization.

(f) Free product removal.

(g) Investigations for soil and ground-water cleanup.

(h) Corrective action plan.

(i) Public participation.

Section 22a-449(d)-107   Out-of-service UST Systems and Closure

(a) Temporary closure.

(b) Permanent closure.

(c) Assessing the site at closure.

(d) Applicability to previously closed UST systems.

(e) Closure records.

Section 22a-449(d)-108   Reserved

Section 22a-449(d)-109   Financial Responsibility

(a) Applicability.

(b) Compliance dates.

(c) Definition of terms.

(d) Amount and scope of required financial responsibility.

(e) Allowable mechanisms and combinations of mechanisms.

(f) Financial test of self-insurance.

(g) Guarantee.

(h) Insurance risk retention group coverage.

(i) Surety bond.

(j) Letter of credit.

(k) Use of state-required mechanism.

(l) State fund and other state assurance.

(m) Trust fund.

(n) Standby trust fund.

(o) Substitution of financial assurance mechanisms by owner or operator.

(p) Cancellation or non-renewal by a provider of financial assurance.

(q) Reporting by owner or operator.

(r) Record keeping.

(s) Drawing of financial assurance mechanisms.

(t) Release from the requirements.

(u) Bankruptcy or other incapacity of owner or operator or provider of financial assurance.

(v) Replenishment of guarantees, letters of credit, or, surety bonds.

(w) Suspension of enforcement. [Reserved]

(x) 40 CFR Part 280 Appendix I is incorporated by reference, in its entirety.

(y) Appendix II to 40 CFR Part 280—List of Agencies Designed to Receive Notification.

(z) Appendix III to 40 CFR Part 280—Statement for Shipping Tickets and Invoices.

Section 22a-449(d)-110   UST system upgrading, abandonment and removal date

(a) Petroleum UST system of which construction or installation began prior to November 1, 1985.

(b) Hazardous substance UST system of which construction or installation began prior to December 22, 1988.

(c) UST systems which comply with the standards specified in subsection 22a-449(d)-102(a) of these regulations.

Section 22a-449(d)-111   Life Expectancy

(a) How life expectancy determinations shall be conducted

(b) Life expectancy shall be as follows:

(c) The life expectancy of an UST system component.

Section 22a-449(d)-112   UST System Location Transfer

Section 22a-449(d)-113   Transfer of UST System Ownership, Possession, or Control

(a) Disclosure to transferee.

(b) Information submitted to the commissioner pursuant to section 22a-449(d)-102 of these regulations.

Georgia

(a) The statutory provisions include: Official Code of Georgia Annotated (2017), Title 12: “Conservation and Natural Resources,” Chapter 13, “Georgia Underground Storage Tank Act”:

Section 12-13-1   Short title.

Section 12-13-2   Public policy.

Section 12-13-3   Definitions, except (8) and (16).s

Section 12-13-4   Exceptions to chapter.

Section 12-13-9   Establishing financial responsibility; claims against the guarantor; Underground Storage Tank Trust Fund, except (d) through (i).

Section 12-13-13   Notification by owner of underground storage tank, except (e).

(b) The regulatory provisions include: Rules and Regulations of the State of Georgia (November 6, 2017), Department 391: “Rules of the Georgia Department of Natural Resources,” Chapter 3, “Environmental Protection,” Subject 15, “Underground Storage Tank Management”:

Section 391-3-15-.01(3)   General Provisions

Section 391-3-15-.02   UST Exclusions.

Section 391-3-15-.03   Definitions, except (1)(a), (1)(g), (1)(i), and (1)(p) through (r).

Section 391-3-15-.05   UST Systems: Design, Construction, Installation, and Notification, except (4).

Section 391-3-15-.06   General Operating Requirements.

Section 391-3-15-.07   Release Detection.

Section 391-3-15-.08   Release Reporting, Investigation, and Confirmation.

Section 391-3-15-.09   Release Response and Corrective Action for UST Systems Containing Petroleum, except (5) and (7).

Section 391-3-15-.10   Release Response and Corrective Action for UST Systems Containing Hazardous Substances.

Section 391-3-15-.11   Out-of-Service UST Systems and Closure.

Section 391-3-15-.12   Underground Storage Tanks Containing Petroleum; Financial Responsibility Requirements, except (3).

Section 391-3-15-.16   Operator Training.

Section 391-3-15-.17   Airport Hydrant Systems and Field Constructed Tanks.

(c) Copies of the Georgia statutes that are incorporated by reference are available from LexisNexis, Attn: Official Code of Georgia Annotated, 701 East Water Street, Charlottesville, VA 22902-5389; Phone number: 1-800-833-9844; website: http://sos.ga.gov/index.php/elections/georgia__code__-__lexisnexis. Copies of the Georgia regulations that are incorporated by reference are available from the Administrative Procedures Division, Office of the Georgia Secretary of State, 5800 Jonesboro Road, Morrow, Georgia 30260; Phone number: (678) 364-3785; website: http://rules.sos.ga.gov/gac/391-3-15.

Hawaii

(a) The statutory provisions include:

(1) Hawaii Revised Statutes, Chapter 342L, Underground Storage Tanks.

Section 342L-1   Definitions (except “complaint” insofar as it sets forth enforcement authorities; “owner” insofar as it includes persons who hold indicia of ownership to protect an interest in a tank system; “permit” insofar as it sets forth a permitting program; and “regulated substance” insofar as it includes other substances as designated by the Department)

Section 342L-7.5   Record maintenance

Section 342L-30   Notification requirements (except paragraph (i) of this section insofar as it grants the Department authority to assess penalties for noncompliance)

Section 342L-32   Standards for tanks and tank systems

Section 342L-33   Release detection

Section 342L-34   Reporting of releases

Section 342L-35   Response to suspected or confirmed releases

Section 342L-36   Financial responsibility

Section 342L-37   Underground storage tank and tank system change in service and closure requirements

Section 342L-50   Definitions (except “owner” insofar as it defines lenders as operators and subjects such lenders to requirements other than the corrective action requirements)

(2) Hawaii Revised Statutes, Chapter 342D, Water Pollution.

Section 342D-1   Definitions

Section 342D-4   Duties; rules

Section 342D-7   Variances (Insofar as paragraph (a) of this appendix is applicable to the underground storage tank program)

Section 342D-38   Hazardous substance defined

Section 342D-50   Prohibition

Section 342D-51   Affirmative duty to report discharges

(3) Hawaii Revised Statutes, Chapter 342E, Nonpoint Source Pollution Management and Control.

Section 342E-1   Definitions

Section 342E-2   Nonpoint source pollution management and control program

(b) The regulatory provisions include:

(1) Hawaii Administrative Rules, Chapter 11-281, Underground Storage Tanks

Section 11-281-01   Applicability

Section 11-281-02   Prohibition for deferred underground storage tanks or tank systems

Section 11-281-03   Definitions (except “complaint” insofar as it sets forth enforcement authorities; “farm tank” insofar as it regulates tanks on farms that are not used for farm or commercial purposes; “field citation” and “force majeure” insofar as they relate to the Department's enforcement authorities; “regulated substance” insofar as the Department can designate other substances; “reportable quantity” insofar as it sets forth a reporting threshold of 10 lbs. for trichloropropane; and “underground storage tank” insofar as its designation of farm tanks exceeds the scope of the federal regulations)

Section 11-281-11   Performance standards for underground storage tanks and tank systems

Section 11-281-12   Tank requirements

Section 11-281-13   Piping requirements

Section 11-281-14   Spill and overfill prevention equipment

Section 11-281-15   Installation

Section 11-281-16   Certification of installation

Section 11-281-17   Secondary containment

Section 11-281-18   Upgrading of existing underground storage tanks and tank systems

Section 11-281-21   Notification requirements for tanks brought into use before the effective date of these rules

Section 11-281-22   Notification requirements for tanks brought into use on or after the effective date of these rules

Section 11-281-24   Application for a permit (except insofar as paragraphs (a), (b), (c)(3), and (c)(4) of this section relate to the permitting program)

Section 11-281-25   Permit (except insofar as paragraphs (a) and (b) of this section relate to the permitting program)

Section 11-281-41   Spill and overfill control

Section 11-281-42   Operation and maintenance of corrosion protection systems

Section 11-281-43   Compatibility

Section 11-281-44   Repairs

Section 11-281-45   Reporting and recordkeeping (except paragraph (b)(3) of this section insofar as it addresses posting of signs; and paragraph (c)(6) insofar as it requires maintenance of permit records)

Section 11-281-51   General requirements for all underground storage tanks or tank systems

Section 11-281-52   Methods of release detection for tanks

Section 11-281-53   Methods of release detection for piping

Section 11-281-54   Release detection recordkeeping

Section 11-281-61   Reporting of suspected releases

Section 11-281-62   Investigation of off-site impacts

Section 11-281-63   Release investigation and confirmation steps

Section 11-281-64   Reporting and cleanup of spills and overfills

Section 11-281-71   General

Section 11-281-72   Immediate response actions

Section 11-281-74   Initial abatement measures and site assessment

Section 11-281-75   Initial site characterization

Section 11-281-76   Free product removal

Section 11-281-77   Investigation of soil and ground water contamination

Section 11-281-78   Site cleanup criteria

Section 11-281-78.1   Notification of confirmed releases

Section 11-281-79   Corrective action plan

Section 11-281-80   Public participation for corrective action plans [except paragraph (j) insofar as it sets forth enforcement authorities]

Section 11-281-80.1   Reporting and recordkeeping

Section 11-281-81   Temporary closure

Section 11-281-82   Permanent closure and change-in-service

Section 11-281-83   Site assessment

Section 11-281-84   Previously closed underground storage tanks or tank systems

Section 11-281-85   Closure records

Section 11-281-91   Applicability

Section 11-281-93   Definition of terms

Section 11-281-94   Amount and scope of required financial responsibility

Section 11-281-95   Allowable mechanisms and combinations of mechanisms

Section 11-281-96   Financial test of self-insurance

Section 11-281-97   Guarantee

Section 11-281-98   Insurance and risk retention group

Section 11-281-99   Surety bond

Section 11-281-100   Letter of credit

Section 11-281-101   Trust fund

Section 11-281-102   Standby trust fund

Section 11-281-103   Local government bond rating test

Section 11-281-104   Local government financial test

Section 11-281-106   Local government guarantee

Section 11-281-107   Local government fund

Section 11-281-108   Substitution of financial assurance mechanisms by owner or operator

Section 11-281-109   Cancellation or nonrenewal by a provider of financial assurance

Section 11-281-110   Reporting by owner or operator

Section 11-281-111   Recordkeeping

Section 11-281-112   Drawing on financial assurance mechanisms

Section 11-281-113   Release from financial responsibility

Section 11-281-114   Bankruptcy or other incapacity of owner or operator or provider of financial assurance

Section 11-281-115   Replenishment of guarantees, letters of credit, or surety bonds

Section 11-281-131   Appendices I and III (Notification for Underground Storage Tanks, June 1999 and Certification of Underground Storage Tank Installation, June 1999)

(2) Hawaii Administrative Rules, Chapter 11-264, Hazardous Waste Management: Standards for Owners and Operators of Hazardous Waste Treatment, Storage, and Disposal Facilities, Subpart J, Tank Systems.

Section 11-264-190   Applicability

Section 11-264-191   Assessment of existing tank system's integrity

Section 11-264-192   Design and installation of new tank systems or components

Section 11-264-193   Containment and detection of releases

Section 11-264-194   General operating requirements

Section 11-264-195   Inspections

Section 11-264-196   Response to leaks or spills and disposition of leaking or unfit-for use tank systems

Section 11-264-197   Closure and post-closure care

Section 11-264-198   Special requirements for ignitable or reactive wastes

Section 11-264-199   Special requirements for incompatible wastes

Section 11-264-200   Air emission standards

Idaho

(a) The statutory provisions include:

(1) Idaho Code, Title 39, “Health and Safety,” Chapter 1, “Environmental Quality—Health”: Section 39-103, “Definitions,” 39-103(3), (6), (7), (11), (12), (15)-(18); Section 39-107, “Board—Composition—Officers—Compensation—Powers—Subpoena—Depositions—Review—Rules,” 39-107(7).

(2) Idaho Code, Title 39, “Health and Safety,” Chapter 88, “Idaho Underground Storage Tank Act”: Sections 39-8803, “Definitions,” -8804, “Program Scope,” -8805, “Rules Governing Underground Storage Tank Systems,” -8805A, “Compliance Dates for Certain Rules,” -8806, “Additional Measures to Protect Ground Water,” -8807, “Operator Training,” -8808, “Inspections,” -8809, “Delivery Prohibition,” and -8810, “Underground Storage Tank Database.”

(b) The regulatory provisions include:

(1) Idaho Administrative Code 58, Title 01, Chapter 07:

Section 004 Incorporation by Reference;

Section 010 Definitions (except 010.16, defining “Replace”);

Section 100 Additional Measures to Protect Ground Water from Contamination (except 100.01-.03);

Section 101 Alternative Periodic Testing of Containment Sumps Used for Interstitial Monitoring of Piping;

Section 300 Training Requirements.

(2) Idaho Administrative Code 58, Title 01, Chapter 24.

(c) Copies of the Idaho provisions that are incorporated by reference are available from Idaho's Office of Administrative Rules Coordinator, P.O. Box 83720, Boise, ID 83720; Phone number: 208-332-1820; website: https://adminrules.idaho.gov/.

Iowa

(a) The statutory provisions include Code of Iowa, 1993; Chapter 455B, Jurisdiction of Department:

Section 101—Definitions

Section 103—Director's duties, except for 455B.103(4)

Section 105—Powers and duties of the commission, except for 105(5), 105(11)a(3) and 105(11)b

Section 471—Definitions

Section 472—Declaration of policy

Section 473—Report of existing and new tanks—fee

Section 473A—Petroleum underground storage tank registration amnesty program

Section 474—Duties of Commission—rules

Section 479—Storage tank management fee, except for the 2nd and 3rd sentences

(b) The regulatory provisions include Iowa Administrative Code, 1993, Rule 567, Environmental Protection Commission:

Chapter 131.1—Definitions

Chapter 131.2—Report of Hazardous Conditions

Chapter 133.1—Scope

Chapter 133.2—Definitions

Chapter 133.3—Documentation of contamination and source

Chapter 133.4—Response to contamination

Chapter 133.5—Report to commission

Chapter 135.1—Authority, purpose and applicability

Chapter 135.2—Definitions

Chapter 135.3—UST systems—design, construction, installation, and notification, except for 135.3(4)a, 3(4)b and 3(4)c

Chapter 135.4—General operating requirements

Chapter 135.5—Release detection

Chapter 135.6—Release reporting, investigation, and confirmation

Chapter 135.7—Release response and corrective action for UST systems containing petroleum or hazardous substances

Chapter 135.8—Site cleanup report

Chapter 135.9—Out-of-service UST systems and closure

Chapter 135.10—Laboratory analytical methods for petroleum contamination of soil and groundwater

Chapter 135.11—Evaluation of ability to pay

Chapter 136.1—Applicability

Chapter 136.2—Compliance dates

Chapter 136.3—Definition of terms

Chapter 136.4—Amount and scope of required financial responsibility

Chapter 136.5—Allowable mechanisms and combinations of mechanisms

Chapter 136.6—Financial test of self-insurance

Chapter 136.7—Guarantee

Chapter 136.8—Insurance and risk retention group coverage

Chapter 136.9—Surety bond

Chapter 136.10—Letter of credit

Chapter 136.11—Trust fund

Chapter 136.12—Standby trust fund

Chapter 136.13—Local government bond rating test

Chapter 136.14—Local government financial test

Chapter 136.15—Local government guarantee

Chapter 136.16—Local government fund

Chapter 136.17—Substitution of financial assurance mechanisms by owner or operator

Chapter 136.18—Cancellation or nonrenewal by a provider of financial assurance

Chapter 136.19—Reporting by owner or operator

Chapter 136.20—Record keeping

Chapter 136.21—Drawing on financial assurance mechanisms

Chapter 136.22—Release from the requirements

Chapter 136.23—Bankruptcy or other incapacity of owner or operator or provider of financial assurance

Chapter 136.24—Replenishment of guarantees, letters of credit, or surety bonds.

Kansas

(a) The statutory provisions include Kansas Statutes Annotated, 1992; Chapter 65, Public Health; Article 34, Kansas Storage Tank Act:

Section 100   Statement of legislative findings

Section 101   Citation of Act

Section 102   Definitions

Section 103   Exceptions to application of Act

Section 104   Notification

Section 105   Rules and regulations, except for 65-34, 105 (a)(2), (a)(8), (a)(11), (a)(12) and the following words in (a)(13), “and aboveground storage tanks in existence on July 1, 1992” and “and aboveground storage tanks placed in service prior to July 1, 1992”

Section 106   Permits to construct, install, modify, or operate storage tank, except for the following words in 65-34, 106(a), “and any aboveground storage tank registered with the department on July 1, 1992”

Section 107   Evidence of financial responsibility required; limitation of liability

Section 115   Liability for costs of corrective action

Section 118   Corrective action; duties of owners and operators; duties of Secretary; consent agreement; contents, except for the following words in 65-34, 118(b), “or from the aboveground fund if the release was from an aboveground petroleum storage tank.” and “or from the aboveground fund, if the release was from an aboveground petroleum storage tank.”

(b) The regulatory provisions include Kansas Administrative Regulations, 1992; Chapter 28, Department of Health and Environment; Article 44, Petroleum Products Storage Tanks:

Section 12   General provisions

Section 13   Program scope and interim prohibition

Section 14   Definitions

Section 15   Application for installation or modification of an underground storage tank

Section 16   Underground storage tank systems: design, construction, installation and notification

Section 17   Underground storage tank operating permit

Section 19   General operating requirements

Section 23   Release detection, except for 28-44-23(b)(5)

Section 24   Release reporting, investigation, and confirmation

Section 25   Release response and corrective action for underground storage tank systems containing petroleum or hazardous substances

Section 26   Out-of-service underground storage tank systems and closure

Section 27   Financial responsibility

Louisiana

(a) The statutory provisions include:

1. Louisiana Environmental Quality Act, Louisiana Revised Statutes Title 30

Section 2194   Underground Storage Tanks; Registration

Section 2195   Underground Storage Tank Trust Fund

Section 2195.1   Underground Motor Fuel Storage Tank Remediation Agreements

Section 2195.2   Uses of the Trust

Section 2195.3   Source of Funding; Limitations on Disbursements from the Trust; Limit on Amount in Trust

Section 2195.4   Procedures for Disbursements from the Fund Trust

Section 2195.5   Audits

Section 2195.6   Ownership of Trust

Section 2195.7   No Inference of Liability on the Part of the State

Section 2195.8   Advisory Board

Section 2195.9   Financial Responsibility

Section 2195.10   Voluntary Cleanup, Private Contracts; Exemptions

(b) The regulatory provisions include:

1. Louisiana Environmental Regulatory Code, Part XI: Underground Storage Tanks, Chapter 1—Program Applicability and Definitions

Section 101   Applicability

Section 103   Definitions

2. Chapter 3—Registration Requirements, Standards, and Fee Schedule

Section 301   Registration Requirements

Section 303   Standards for UST Systems

Section 305   Interim Prohibitions for Deferred UST Systems

Section 307   Fee Schedule

3. Chapter 5—General Operating Requirements

Section 501   Spill and Overfill Control

Section 503   Operation and Maintenance of Corrosion Protection

Section 505   Compatibility

Section 507   Repairs Allowed

Section 509   Reporting and Recordkeeping

4. Chapter 7—Methods of Release Detection and Release Reporting, Investigation, Confirmation, and Response

Section 701   Methods of Release Detection

Section 703   Requirements for Use of Release Detection Methods

Section 705   Release Detection Recordkeeping

Section 707   Reporting of Suspected Releases

Section 709   Investigation due to Off-site Impacts

Section 711   Release Investigation and Confirmation Steps

Section 713   Reporting and Cleanup of Spills and Overfills

Section 715   Release Response and Corrective Action for UST Systems Containing Petroleum or Hazardous Substances

5. Chapter 9—Out-of-Service UST Systems and Closure

Section 901   Applicability to Previously Closed UST Systems

Section 903   Temporary Closure

Section 905   Permanent Closure and Changes-in-Service

Section 907   Assessing the Site at Closure or Changes-in-Service

6. Chapter 11—Financial Responsibility

Section 1101   Applicability

Section 1103   Compliance Dates

Section 1105   Definition of Terms

Section 1107   Amount and Scope of Required Financial Responsibility

Section 1109   Allowable Mechanisms and Combinations of Mechanisms

Section 1111   Financial Test of Self-Insurance

Section 1113   Guarantee

Section 1115   Insurance and Risk Retention Group Coverage

Section 1117   Surety Bond

Section 1119   Letter of Credit

Section 1121   Use of the Underground Motor Fuel Storage Tank Trust

Section 1123   Trust Fund

Section 1125   Standby Trust Fund

Section 1127   Substitution of Financial Assurance Mechanisms by Owner or Operator

Section 1129   Cancellation or Nonrenewal by a Provider of Financial Assurance

Section 1131   Reporting by Owner or Operator

Section 1133   Recordkeeping

Section 1135   Drawing on Financial Assurance Mechanisms

Section 1137   Release from the Requirements

Section 1139   Bankruptcy or Other Incapacity of Owner or Operator or Provider of Financial Assurance

Section 1141   Replenishment of Guarantees, Letters of Credit, or Surety Bonds

Maine

(a) The statutory provisions include:

Maine Revised Statutes Annotated, Title 38. Waters and Navigation

1. Chapter 2. Department of Environmental Protection, Subchapter 1. Organization and Powers

Section 341-A. Department of Environmental Protection, Section 341-H. Departmental rulemaking, Section 342-B. Liability of fiduciaries and lenders, Section 343-E. Voluntary response action program, Section 347-C. Right of inspection and entry.

2. Chapter 3. Protection and Improvement of Waters, Subchapter 2-A. Oil Discharge Prevention and Pollution Control

Section 541. Findings; purpose, Section 542. Definitions, Section 543. Pollution and corruption of waters and lands of the State prohibited, Section 548. Removal of prohibited discharges.

3. Chapter 3. Protection and Improvement of Waters, Subchapter 2-B. Oil Storage Facilities and Ground Water Protection.

Section 561. Findings, purpose, Section 562-A. Definitions, Section 563. Registration and inspection of underground oil storage tanks and piping, except 9., Section 563-A. Prohibition of nonconforming underground oil storage facilities and tanks, Section 563-B. Regulatory powers of department, Section 564. Regulation of underground oil storage facilities used to store motor fuels or used in the marketing and distribution of oil, except 5., Section 566-A. Abandonment of underground oil storage facilities and tanks, Section 567-A. Certifications, Section 568. Cleanup and removal of prohibited discharges, except 3. and 4., Section 568-A. Fund coverage requirements, Section 568-B. Clean-up and Response Review Board created, Section 569-C. Limited exemption from liability for state or local governmental entities, Section 570. Liability, Section 570-F. Special provisions, Section 570-K. Aboveground oil storage facilities, Section, Section 570-N. Rules, wastewater treatment tank systems.

4. Chapter 13-D: Wellhead Protection.

Section 1391. Declaration of Policy, Section 1392. Definitions, Section 1393. Prohibition on installation of facilities in wellhead protection zones, Section 1394. Variances, Section 1398. Eligibility for Clean-up funds, Section 1399. Municipal authority, Section 1400. Rules.

(b) The regulatory provisions include:

1. 06-096, Maine Department of Environmental Protection, Chapter 691, Rule for Underground 4il Storage Facilities: (effective September 26, 2018).

Section 1. Legal Authority, Section 2. Preamble; Section 3. Definitions, Section 4. Registration of Underground Storage Facilities, except O; Section 5. Regulation of Underground Oil Storage Facilities Used to Store Motor Fuels or Used in the Marketing and Distribution of Oil, except B. (4)(a), (d), (g), (h), and (j); (5)(b); D. (3)(f); (6)(b); (11)(e); (14)(c); (15)(f)(vii); (17); (19)(b); and F.; Section 7. Regulation of Facilities for the Underground Storage of Waste Oil, except B. (7); Section 8. Regulation of Field Constructed Underground Oil Storage Tanks, except B. (1)(d) and (e) and (4)(b), (d), and (e); Section 9. Regulation of Facilities for the Underground Storage of Heavy Oils, except B.; Section 10. Regulation of Airport Hydrant Systems, except B. (1)(c); (3)(b), (f), and (h); and D. (2); Section 11. Regulations for Closure of Underground Oil Storage Facilities; Section 12. Discharge and Leak Investigation, Response and Corrective Action Requirements, except A. (3); Section 13. Regulation of Wastewater Treatment Tank Systems and Aboveground Oil Storage Tanks, APPENDIX A: Requirements for Cathodic Protection Monitoring, APPENDIX B: Requirements for Tank, Piping and Containments Sump Tightness Tests, APPENDIX C: Requirements for Pneumatic (Air) and other Pre installation Tightness Testing, APPENDIX D: Installation Requirements Applicable to New and Replacement Tanks, APPENDIX E: Installation Requirements for New and Replacement Piping, APPENDIX F: Specifications and Requirements for Vertical Ground Water Monitoring Wells at Existing Facilities, APPENDIX H: Procedures for Weekly Monitoring, Handling, and Obtaining Samples for Laboratory Analysis, APPENDIX I: Sample Daily Inventory Reporting Log, APPENDIX J: Requirements for Abandonment of Underground Oil Storage Tanks by Removal, APPENDIX K: Requirements for Abandonment of Underground Oil Storage Tanks by Filling in Place, APPENDIX L: Requirements for Underground Oil Storage Tank Processing Facilities, APPENDIX M: Cathodic Protection Tester Certification Requirements, APPENDIX N: Corrosion Expert Certification Requirements, APPENDIX P: Requirements for Site Assessment at Facility Closure or Tank Abandonment, APPENDIX Q: Characterization and Notification Requirements, APPENDIX R: List of National Standards and Codes Cites, APPENDIX S: Department Approved Laboratory Analytical Methods and Performance Standards for Analysis of Oil and its Constituents in Water, Soil, Soil Gas and Indoor Air, APPENDIX T: Containment Sumps & Spill Bucket Integrity Testing Protocol & Management of Waste Fluids.

2. 06-096, Department of Environmental Protection; Chapter 693: Operator Training for Underground Oil, Hazardous Substance, and Field Constructed Underground Oil Storage Facilities, and Airport Hydrant Systems (effective September 26, 2018) only insofar as they pertain to the regulation of underground storage tanks in Maine and only insofar as they are incorporated by reference and are not broader in scope than the Federal requirements.

Massachusetts

(a) The statutory provisions include:

Massachusetts General Laws, Part I, Title II

1. Chapter 21E, Massachusetts Oil and Hazardous Material Release Prevention and Response Act

Section 1: Short title; Section 2: Definitions; Section 3: Implementation; regulations; response actions; Section 7: Notice of release or threat of release.

2. Chapter 21O, Operation and Removal of Underground Storage Tanks

Section 2: Notification of operation of underground storage tanks; definitions; Section 3: Notification of operation of underground storage tanks; requirements; exceptions; Section 5: Notification of operation of underground storage tanks; regulations for requirements and standards of tanks;

(b) The regulatory provisions include:

1. Code of Massachusetts Regulations, Title 310 CMR Chapter 80, Underground Storage Tank Systems: (effective January 2, 2015)

General Provisions Section, 80.01: Authority; 80.02: Purpose; 80.03: Definitions; 80.04: Applicability, (1) through (13), except (6)(c), and (8) through (12); 80.05: Rules of Construction; 80.06: Computation of Time; 80.07: Accurate and Timely Submittals to the Department and Record Keeping; 80.08: Accurate and Complete Record Keeping; 80.09: Accurate Monitoring; 80.11: Submittals to the Department.

Design, Construction and Installation Requirements Section, 80.14: General Requirements; 80.15: General Prohibitions; 80.16: Installation Requirements, except (7); 80.17: Specifications for Tanks; 80.18: Specifications for Regulated Substance Piping; 80.19: Leak Detection; 80.20: Requirements for Turbine, Intermediate and Dispenser Sumps; 80.21: Requirements for Spill Buckets and Overfill Prevention Equipment; 80.22: Requirements for Corrosion Protection.

General Operating Requirements Section, 80.23: Requirements for Registration and Reporting; 80.24: General Requirements; 80.25: Requirements for a UST system or UST Component Emergency Response; 80.26: Requirements for Leak Detection Systems; 80.27: Requirements for Turbine, Intermediate and Dispenser Sumps; 80.28: Requirements for Spill Buckets and Overfill Prevention Equipment; 80.29: Requirements for Corrosion Protection; 80.30: Requirements for Compatibility; 80.31: Requirements for Inventory Monitoring; 80.32: Requirements for Tank and Pipe/Line Tightness Testing; 80.33: Requirements for Repairs and Replacements; 80.35: Requirements for Monthly Inspections; 80.36: Requirements for Recordkeeping.

Leakage and Release: Response, Reporting and Remediation Section, 80.38: Response to a Release; 80.39: Response to Leakage; 80.40: Reportable Releases.

Change-In-Product, Out of Service Systems and Closure Section, 80.41: Requirements for Change-in-product; 80.42: Requirements for Taking a UST System Temporarily Out-of-service; 80.43: Requirements for Removal and Permanent Closure In-place; 80.44: Requirements for Out-of-use UST Systems; 80.45: Requirements for Bringing Out-of-use UST Systems Back into Service; 80.46: Requirements for Previously Closed-in-place UST Systems; 80.47: Standards for Cleaning and Closure.

Financial Responsibility Section, 80.51: Definitions; 80.52: Requirements for Amount and Scope of Financial Responsibility; 80.53: Allowable Mechanisms and Combinations of Mechanisms; 80.54: Requirements for Financial Responsibility Mechanisms; 80.55: Requirements for a Standby Trust; 80.56: Substitution of Financial Assurance Mechanisms by Owner or Operator; 80.57: Cancellation or Nonrenewal by a Provider of Financial Assurance; 80.58: Requirements for Reporting by Owner or Operator; 80.59: Requirements for Recordkeeping; 80.60: Requirements for Drawing on Financial Assurance Mechanisms; 80.61: Release from Financial Responsibility Requirements; 80.62: Bankruptcy or Other Incapacity of Owner or Operator or Provider of Financial Assurance; 80.63: Requirements for Replenishment of Local Government Guarantees, Letters of Credit, or Surety Bonds.

2. Code of Massachusetts Regulations, Title 310 CMR Chapter 40: Massachusetts Contingency Plan (effective April 24, 2014) only insofar as they pertain to the regulation of underground storage tanks in Massachusetts and only insofar as they are incorporated by reference and are not broader in scope than the federal requirements. Note that reserved sections of 310 CMR 40.0000 et seq. are not incorporated by reference:

Subpart A: General Provisions, except 40.0010 through 40.0013, 40.0016, 40.0019 through 40.0021, 40.0050, 40.0051; Subpart B: Organization and Responsibilities, except 40.0160, 40.0165, 40.0166, 40.0169, 40.0171); Subpart C: Notification of Releases and Threats of Release of Oil and Hazardous Material; Identification and Listing of Oil and Hazardous Material; Subpart D: Preliminary Response Actions and Risk Reduction Measures; Subpart E: Tier Classification and Response Action Deadlines; Subpart H: Comprehensive Response Actions; Subpart I: Risk Characterization; Subpart J: Permanent and Temporary Solutions; Subpart K: Audits; Subpart L: Cost Recovery, Lien Hearings and Petitions for Reimbursement of Incurred Costs; Subpart M: Administrative Record; Subpart N: Public Involvement and Technical Assistance Grants.

(c) Official copies of the Massachusetts statutes and regulations that are incorporated by reference, are available at: State Bookstore, State House, Room 116, Boston, MA 02133; Phone number: 617-727-2834; Hours: Monday-Friday, 8:45 a.m. to 5:00 p.m.; website: http://www.sec.state.ma.us/spr/sprcat/catidx.htm.

Minnesota

(a) The statutory provisions include:

(1) Minnesota Statutes, Chapter 13, Government Data Practices

M. S. 13.01   Government Data

M. S. 13.02   Collection, security, and dissemination of records; definitions

M. S. 13.03   Access to government data

M. S. 13.04   Rights of subjects of data

M. S. 13.05   Duties of responsible authority

M. S. 13.06   Temporary classification

M. S. 13.07   Duties of the commissioner

M. S. 13.3806   Public health data coded elsewhere; subd. 1-3, 6, 10, 20: Scope; Certain epidemiologic studies; Public health studies; Health records; Health threat procedures; Hazardous substance exposure

M. S. 13.741   Pollution control; environmental quality data

M. S. 13.7411   Pollution control and environmental quality data coded elsewhere; subd. 1-3, 5-7: Scope; Environmental audits, performance schedules; Office of environmental assistance; Environmental response and liability; Petroleum tank release; Toxic pollution prevention plans

(2) Minnesota Statutes, Chapter 115, Water Pollution Control; Sanitary Districts

M. S. 115.01   Definitions

M. S. 115.061   Duty to notify and avoid water pollution

(3) Minnesota Statutes, Chapter 115B, Environmental Response and Liability

M. S. 115B.17   State Response to Releases; subd. 1-3, 12-14: Removal and remedial action; Other actions; Cleanup standards; Public notice of proposed response actions; Duty to provide information; Authorization of certain response actions; Priorities; rules; Requests for review, investigation, and oversight

(4) Minnesota Statutes, Chapter 115C, Petroleum Tank Release Cleanup

M. S. 115C.01   Citation

M. S. 115C.02   Definitions

M. S. 115C.021   Responsible person

M. S. 115C.03   Response to releases [except subd. 10 insofar as it applies to contractors and consultants, who are not regulated under the federal program.]

M. S. 115C.06   Effect on other law

M. S. 115C.07   Petroleum tank release compensation board

M. S. 115C.08   Petroleum tank fund [except subd. 3, which imposes a petroleum tank release cleanup fee on petroleum distributors]

M. S. 115C.09   Reimbursement [except subd. 5(b) and 6, which set forth enforcement authorities]

M. S. 115C.092   Tank Removals; Payment for pre-removal site assessment

(5) Minnesota Statutes, Chapter 115E, Oil and Hazardous Substance Discharge Preparedness

M. S. 115E.01   Definitions

M. S. 115E.02   Duty to prevent discharges

(6) Minnesota Statutes, Chapter 116, Pollution Control Agency

M. S. 116.06   Definitions

M. S. 116.46   Definitions [except subd. 8, insofar as it includes vessels, enclosures, or structures—which are exempt from the federal program—in the definition of UST.]

M. S. 116.47   Exemptions [except insofar as paragraph (2) does not exclude from regulation tanks of 1,100 gallon capacity or more used to store heating oil for consumptive purposes]

M. S. 116.48   Notification requirements [except subd. 1(b), insofar as it requires owners of aboveground storage tanks (ASTs) to notify the agency of the tank's status; subd. 2 and 6, insofar as they impose requirements on owners of ASTs; subd. 3, insofar as it imposes notification requirements on owners of ASTs removing a tank from service or changing the tank's service; subd. 4, insofar as it places notification requirements on persons transferring the title to regulated substances to be placed directly into an UST; and subd. 5, insofar as it imposes notification requirements on sellers of ASTs.]

M. S. 116.49   Environmental protection requirements

(7) Minnesota Statutes, Chapter 299F, Fire Marshal

M. S. 299F.011   Uniform Fire Code; adoption; subd. 1, 3, 4: Authority; Rules for code administration and enforcement; Applicability; local authority

M. S. 299F.19   Flammable liquids and explosives; subd. 1: Rules

(b) The regulatory provisions include:

(1) Minnesota Rules, Chapter 2890, Petroleum Tank Releases

2890.0010   Definitions

2890.0060   Reimbursement of Costs

2890.0065   Reduction of Reimbursement Amount

2890.0070   Eligible Costs

2890.0071   Ineligible Costs

2890.0072   Overview of Rules Governing Reasonableness of Costs for Consultant Services

2890.0073   Definitions Related to Consultant Services

2890.0074   Written Proposal and Invoice Required for Consultant Services

2890.0075   Reasonableness of Work Performed; Standard Tasks for Each Step of Consultant Services

2890.0076   Maximum Costs for Consultant Services

2890.0077   Competitive Bidding Requirements for Consultant Services Proposals

2890.0078   Deviations from Standard Tasks and Maximum Costs for Consultant Services

2890.0079   Reasonable, Necessary, and Actual Consultant Services Costs

2890.0080   Overview of Rules Governing Reasonableness of Costs for Contractor Services

2890.0081   Definitions Related to Contractor Services

2890.0082   Maximum Costs for Contractor Services

2890.0083   Competitive Bidding Requirements for Contractor Services

2890.0084   Deviations from Maximum Costs for Contractor Services

2890.0085   Reasonable, Necessary, and Actual Costs

2890.0086   Invoice

2890.0089   Exemptions from Competitive Bidding

2890.0090   Application Process

2890.0120   Funding of MPCA Actions

(2) Minnesota Rules, Chapter 7045—Minnesota Pollution Control Agency, Hazardous Waste Division, Hazardous Waste

7045.0275   Management of Hazardous Waste Spills

(3) Minnesota Rules, Chapter 7060-Minnesota Pollution Control Agency, Water Quality Division, Underground Waters

7060.0300   Definitions

7060.0500   Nondegradation Policy

7060.0600   Standards; subp. 2, 3, 4: Prohibition against discharge into unsaturated zone; Control measures; Toxic pollutants

7060.0800   Determination of Compliance

(4) Minnesota Rules, Chapter 7105-Minnesota Pollution Control Agency, Water Quality Division, Underground Storage Tanks: Training

7105.0010   Definitions [except subp. 25, insofar as it includes vessels, enclosures, and structures—which are exempt from the federal program—in the definition of UST.]

7105.0020   Purpose

7105.0030   General Provisions; subp. 3: Tank owner or operator requirements

7105.0040   Exclusions [except insofar as it does not exclude from regulation heating oil storage tanks with a storage capacity of greater than 1,100 gallons.]

(5) Minnesota Rules, Chapter 7150—Minnesota Pollution Control Agency, Water Quality Division, Underground Storage Tanks Program

7150.0010   Applicability [except subp. 2, insofar as it does not exclude from regulation liquid traps or associated gathering lines directly related to oil or gas production or gas production and gathering operations; subp. 2(H), insofar as it does not exclude from regulation tanks of 1,100 gallons or more used exclusively for storing heating oil for consumptive use; and subp. 5, insofar as it does not exclude owners and operators of heating oil storage tanks with a storage capacity of greater than 1,100 gallons from notification requirements.]

7150.0020   Interim Standards for Deferred Underground Storage Tank Systems

7150.0030   Definitions [except subp. 51, insofar as it includes vessels, enclosures, and structures—which are exempt from the federal program—in the definition of underground storage tanks]

7150.0100   Performance Standards for New Underground Storage Tank Systems

7150.0110   Upgrading of Existing Underground Storage Tank Systems

7150.0120   Notification Requirements

7150.0200   Spill and Overfill Control

7150.0210   Operation and Maintenance of Corrosion Protection

7150.0220   Compatibility

7150.0230   Repairs Allowed

7150.0240   Reporting and Recordkeeping

7150.0300   General Requirements for All Underground Storage Tank Systems [except subp. 3, insofar as it imposes release detection schedule requirements on hazardous material tanks not regulated under the federal program]

7150.0310   Requirements for Petroleum Underground Storage Tank Systems

7150.0320   Requirements for Hazardous Material Underground Storage Tank Systems

7150.0330   Methods of Release Detection for Tanks

7150.0340   Methods of Release Detection for Piping

7150.0350   Release Detection Recordkeeping

7150.0400   Temporary Closure

7150.0410   Permanent Closure and Changes-in-Service to Storage of Nonregulated Substances

7150.0420   Assessing the Site at Closure or Change in Service

7150.0430   Applicability to Previously Closed Underground Storage Tank Systems

7150.0440   Closure Records

(6) Minnesota Rules, Chapter 7510—Department of Public Safety, Fire Marshal Division, Fire Safety

7510.3670   Liquefied Petroleum Gases; Section 8203: Installation of containers [except insofar as it regulates ASTs]

Mississippi

(a) The statutory provisions include:

1. Mississippi Code of 1972, Title 49, Sections 49-17-401 through 49-17-435, Underground Storage Tank Act of 1988, as amended.

49-17-401   Short title

49-17-403   Definitions

49-17-405   Groundwater protection fund; duties of executive director; liability of tank owners; limitation on provisions of chapter and section

49-17-407   Environmental protection fee on motor fuels; deposit of fees; limits on use of fund; third party claims

49-17-409   Reports of contamination incidents; no recourse against tank owner; exceptions

49-17-411   Compliance with regulations

49-17-413   Rules and Regulations

49-17-417   Groundwater protection advisory committee

49-17-419   Authority of commission to take timely and effective corrective action; use of funds from pollution emergency fund

49-17-421   Tank regulatory fee

49-17-423   Commission to administer funds from Leaking Underground Storage Tank Trust Fund

49-17-425   Disclosure of records, reports, and information

49-17-433   Savings clause

49-17-435   Annual report on status of underground storage tank program

(b) The regulatory provisions include:

1. Technical Standards and Corrective Action Requirements for Owners and Operators of Underground Storage Tanks.

Subpart A—Program Scope and Interim Prohibition

280.10   Applicability

280.11   Interim Prohibition for deferred UST systems

280.12   Definitions

Subpart B—UST Systems: Design, Construction, Installation, and Notification

280.20   Performance standards for new UST systems

280.21   Upgrading of existing UST systems

280.22   Notification requirements

Subpart C—General Operating Requirements

280.30   Spill and overfill control

280.31   Operation and maintenance of corrosion protection

280.32   Compatibility

280.33   Repairs allowed

280.34   Reporting and recordkeeping

Subpart D—Release Detection

280.40   General requirements for all UST systems

280.41   Requirements for petroleum UST systems

280.42   Requirements for hazardous substance UST systems

280.43   Methods of release detection for tanks

280.43   Methods of release detection for piping

280.44   Release detection recordkeeping

Subpart E—Release Reporting, Investigation, and Confirmation

280.50   Reporting of suspected releases

280.51   Investigation due to off-site impacts

280.52   Release investigation and confirmation steps

280.53   Reporting and cleanup of spills and overfills

Subpart F—Release Response and Corrective Action for UST Systems Containing Petroleum or Hazardous Substances

280.60   General

280.61   Initial response

280.62   Initial abatement measures and site check

280.63   Initial site characterization

280.64   Free product removal

280.65   Investigations for soil and groundwater cleanup

280.66   Corrective action plan

280.67   Public participation

Subpart G—Out-of-Service UST Systems and Closure

280.70   Temporary closure

280.71   Permanent closure and changes-in-service

280.72   Assessing the site at closure or change-in-service

280.73   Applicability to previously closed UST systems

280.74   Closure records

2. Financial Responsibility Requirements for Underground Storage Tanks Containing Petroleum.

280.90   Applicability

280.91   Compliance dates

280.92   Definition of terms

280.93   Amount and scope of required financial responsibility

280.94   Allowable mechanisms and combinations of mechanisms

280.95   Financial test of self-insurance

280.96   Guarantee

280.97   Insurance and risk retention group coverage

280.98   Surety bond

280.99   Letter of credit

280.100   Use of state-required mechanism

280.101   State fund or other state assurance

280.102   Trust fund

280.103   Standby trust fund

280.104   Substitution of financial assurance mechanisms by owner or operator

280.105   Cancellation or nonrenewal by a provider of financial assurance

280.106   Reporting by owner or operator

280.107   Recordkeeping

280.108   Drawing on financial assurance mechanisms

280.109   Release from the requirements

280.110   Bankruptcy or other incapacity of owner or operator or provider of financial assurance

280.111   Replenishment of guarantees, letters of credit, or surety bonds

3. Mississippi Groundwater Protection Trust Fund Regulations.

Section I   General Intent

Section II   Legal Authority

Section III   Definitions

Section XIV   Eligibility for Reimbursement from the Mississippi Groundwater Protection Trust Fund

Section XV   Reimbursable Costs

Section XVI   Funds Disbursement

Section XVII   Third Party Claims

Section XVIII   Denial of Claims

Section XIX   Tank Regulatory Fees

Section XXI   Property Rights

Montana

(a) The statutory provisions include:

(1) Montana Code Annotated (2017), Title 75 Environmental Protection, Chapter 11 Underground Storage Tanks, Part 2 Montana Underground Storage Tank Installer and Inspector Licensing and Permitting Act: Sections 75-11-203(11) “operator” 75-11-203(12) “owner”.

(2) Montana Code Annotated (2017), Title 75 Environmental Protection, Chapter 11 Underground Storage Tanks, Part 5 Montana Underground Storage Tank Act: Sections 75-11-503(4) “person”, (8) “underground storage tank” or “tank”, except as it applies to aboveground storage tanks.

(b) The regulatory provisions include:

(1) Administrative Rules of Montana (October 6, 2018), Title 17 Department of Environmental Quality, Chapter 56 Underground Storage Tanks Petroleum and Chemical Substances:

Subchapter 1 General Provisions:

Sections 17.56.101 Definitions; 17.56.102 Applicability, except 17.56.102(3)(e); 17.56.104 Tank Standards for Excluded UST Systems;

Subchapter 2 UST Systems: Design, Construction, and Installation:

Section 17.56.201 Performance Standards for New Tank Systems; 17.56.202 Upgrading of Existing UST Systems; 17.56.203 Additional Performance Standards for New Underground Piping Connected to Aboveground Tanks or to Underground Tanks with a Capacity of 660 Gallons or Less Used to Store Heating Oil; 17.56.204 Secondary Containment, Under-Dispenser Containment, and Interstitial Monitoring; 17.56.205 Anti-Siphon Requirements;

Subchapter 3 General Operating Requirements:

Sections 17.56.301 Spill and Overfill Control; 17.56.302 Operation and Maintenance of Corrosion Protection; 17.56.303 Compatibility; 17.56.304 Repairs; 17.56.305 Reporting and Recordkeeping; 17.56.306 Periodic Testing of Spill Prevention Equipment and Containment Sumps Used for Interstitial Monitoring of Piping and Periodic Inspection of Overfill Prevention Equipment; 17.56.307 Periodic Operation and Maintenance Walkthrough Inspections;

Subchapter 4 Release Detection:

Sections 17.56.401 General Requirements for all UST Systems; 17.56.402 Requirements for Petroleum UST Systems, except 17.56.402(1)(a)(iii); 17.56.403 Requirements for Hazardous Substance UST Systems; 17.56.407 Methods of Release Detection for Tanks; 17.56.408 Methods of Release Detection for Piping; 17.56.409 Release Detection Recordkeeping;

Subchapter 5 Release Reporting, Investigation, and Confirmation:

Sections 17.56.501 General; 17.56.502 Reporting of Suspected Releases; 17.56.503 Investigation Due to Off-site Impacts; 17.56.504 Release Investigation and Confirmation Steps; 17.56.505 Reporting and Cleanup of Spills and Overfills; 17.56.506 Reporting of Confirmed Releases; 17.56.507 Adoption by Reference;

Subchapter 6 Release Response and Corrective Action for Tanks Containing Petroleum or Hazardous Substances:

Sections 17.56.601 General; 17.56.602 Initial Response and Abatement Measures; 17.56.603 Initial Site History; 17.56.604 Remedial Investigation; 17.56.605 Cleanup Plan; 17.56.608 Adoption by Reference;

Subchapter 7 Out-of-Service UST Systems and Closure:

Sections 17.56.701 Inactive and Out-of-Service UST Systems, except 17.56.701(4); 17.56.702 Permanent Closure and Changes in Service; 17.56.703 Assessing the Site at Closure or Change in Service; 17.56.704 Applicability to Previously Closed UST Systems; 17.56.705 Closure Records;

Subchapter 8 Financial Responsibility:

Sections 17.56.801 Applicability; 17.56.802 Compliance Dates; 17.56.803 Definition of Terms; 17.56.804 Incorporation by Reference; 17.56.805 Amount and Scope of Required Financial Responsibility; 17.56.806 Allowable Mechanisms and Combinations of Mechanisms; 17.56.807 Financial Test of Self-Insurance; 17.56.808 Guarantee; 17.56.809 Insurance and Risk Retention Group Coverage; 17.56.810 Surety Bond; 17.56.811 Letter of Credit; 17.56.815 Montana Petroleum Tank Release Cleanup Fund; 17.56.816 Trust Fund; 17.56.817 Standby Trust Fund; 17.56.820 Substitution of Financial Assurance Mechanisms by Owner or Operator; 17.56.821 Cancellation or Nonrenewal by a Provider of Financial Assurance; 17.56.822 Reporting by Owner or Operator; 17.56.823 Recordkeeping; 17.56.824 Drawing on Financial Assurance Mechanisms; 17.56.825 Release from the Requirements; 17.56.827 Bankruptcy or Other Incapacity of Owner or Operator or Provider of Financial Assurance; 17.56.828 Replenishment of Guarantees, Letters of Credit, or Surety Bonds;

Subchapter 9 Notification:

Sections 17.56.901 Interim Notification Requirements; 17.56.902 Notification Requirements; 17.56.903 Change in Ownership, except 17.56.903(3);

Subchapter 15 Underground Storage Tank Operator Training:

Sections 17.56.1501 Operator Training Definitions; 17.56.1502 Operator Training, except the permit requirement in 17.56.1502(1); 17.56.1503 Operator Training: Authorized Providers; and Required Subjects; 17.56.1504 Operator Training: Recordkeeping; 17.56.1505 Operator Training: Third-Party Training Course Approval; and

Subchapter 16 Underground Storage Tank Systems with Field Constructed Tanks:

Section 17.56.1601 UST Systems with Field Constructed Tanks and Airport Hydrant Fuel Distribution Systems;

(c) Copies of the Montana statutes and regulations that are incorporated by reference are available from the following offices:

Statutes—Montana Legislative Services Division, P.O. Box 201706, Helena, MT 59620-1706; Phone number: 406-444-3064; email: [email protected]; website: https://leg.mt.gov/statute/.

Regulations—Secretary of State's Administrative Rules Services, P.O. Box 202801, Helena, MT 59620-2801; Phone number: 406-444-9000; email: [email protected]; website: http://www.mtrules.org/.

Nevada

(a) The statutory provisions include:

(1) Nevada Revised Statute Chapter 459, Underground Storage Tank Program (1992), Nevada Revised Statute 590, Petroleum Fund (1991).

(2) Nevada Revised Statute Chapter 459, Underground Storage Tank Program (1992):

Section 459.810 “Operator” defined.

Section 459.814 “Person” defined.

Section 459.816 “Regulated Substance” defined.

Section 459.818 “Release” defined.

Section 459.820 “Storage Tanks” defined.

Section 459.822 Department designated as state agency for regulation of storage tanks.

Section 459.828 Owner or operator of storage tank to provide department with certain information.

Section 459.838 Fund for the management of storage tanks: Creation: Sources: Claims.

Section 459.840 Fund for the management of storage tanks: Use; reimbursement; recovery by attorney general.

(3) Nevada Revised Statute 590, Petroleum Fund (1991):

Section 590.700 Definitions.

Section 590.710 “Board” defined.

Section 590.720 “Department” defined.

Section 590.725 “Diesel fuel of grade number 1” defined.

Section 590.726 “Diesel fuel of grade number 2” defined.

Section 590.730 “Discharge” defined.

Section 590.740 “Division” defined.

Section 590.750 “Fund” defined.

Section 590.760 “Heating oil” defined.

Section 590.765 “Motor vehicle fuel” defined.

Section 590.770 “Operator” defined.

Section 590.780 “Person” defined.

Section 590.790 “Petroleum” defined.

Section 590.800 “Storage tank” defined.

Section 590.810 Legislative findings.

Section 590.820 Board to review claims: Creation; members; chairman; administrative Assistance; compensation of members.

Section 590.830 Fund for cleaning up discharges of petroleum: Creation; administration by division; claims; interest.

Section 590.840 Collection of fee for certain fuels and heating coil; exempt products; payment of expenses of department.

Section 590.850 Registration of storage tanks: Collection of annual fee; exempt tanks; liability for noncompliance.

Section 590.860 Balance in fund to determine collection of fees by department.

Section 590.870 Report of discharge from tank required; division to clean up discharge; expectation; test of tank required for coverage.

Section 590.880 Allocation of costs resulting from discharge from certain storage tanks for heating oil.

Section 590.890 Allocation of costs resulting from discharge from other storage tanks.

Section 590.900 Liability for costs to clean up discharge caused by willful or wanton misconduct, gross negligence or violation of statute or regulation.

Section 590.910 Pro rata reduction required, if balance in fund insufficient for full payment.

Section 590.920 Tanks exempted from provisions of Sections 590.850 to 590.910 inclusive; optional coverage of exempted tank.

(4) Nevada Civil Procedure, Rule 24 (1971):

Nevada Civil Procedure, Rule 24 .

(b) The regulatory provisions includes:

(1) Nevada Administrative Code 459, UST Program (1990):

Section 459.9929 “Storage Tank” defined.

Section 459.993 Compliance with federal regulations.

Section 459.995 Financial responsibility of owners and operators.

Section 459.996 Releases: Reporting.

(2) Nevada Administrative Code 590, Petroleum Fund (1991):

Section 590.720 Adoption by reference of provisions of Code of Federal Regulations.

(3) Nevada Administrative Code, Reportable Quantities (1989):

Section 445.240 Notice required.

New Hampshire

(a) The statutory provisions include:

1. New Hampshire Revised Statutes Annotated, Title I, The State and its Government, Chapter 21-O Department of Environmental Services

Section O:1. Establishment, General Functions; Section O:8 Division of Waste Management.

2. New Hampshire Revised Statutes Annotated, Title VI, Public Officers and Employees, Chapter 91-A Access to Government Records and Meetings

Section 91-A:1 Preamble, Section 91-A:1-a Definitions, Section 91-A:4 Minutes and Records Available for Public Inspection.

3. New Hampshire Revised Statutes Annotated, Title X Public Health, Chapter 146-C Underground Storage Facilities

Section 146-C:1 Definitions; Section 146-C:2 Discharges Prohibited; Section 146-C:3 Registration of Underground Storage Facilities; Section 146-C:4 Underground Storage Facility Permit Required; Section 146-C:6 Transfer of Ownership; Section 146-C:6-a Exemption; Section 146-C:7 New Facilities; Section 146-C:8 Prohibition Against Reusing Tanks; Section 146-C:17 Operator Training Required; Section 146-C:18 Operator Training Program Requirements; Section 146-C:19 Additional Operator Requirements; Section 146-C:20 Revocation of Operator Training Program Approval; Section 146-C:21 Repeating Operator Training.

4. New Hampshire Revised Statutes Annotated, Title L Water Management and Protection, Chapter 485-C Groundwater Protection Act

Section 485-C:1 Statement of Purpose, Section 485-C:2 Definitions, Section 485-C:3 Duties of the Department, Section 485-C:5 Classes of Groundwater, Section 485-C:6 Ambient Groundwater Quality Standards, Section 485-C:6-a Groundwater Management Zones, Section 485-C:6-b Recordation of Groundwater Management Zone Permits, Section 485-C:7 Potential Contamination Sources, Section 485-C:8 Inventory and Management, Section 485-C:9 Procedures for Classification and Reclassification, Section 485-C:10 Degraded Groundwater, Section 485-C:11 Best Management Practices, Section 485-C:12 Prohibited Uses, Section 485-C:13 Groundwater Release Detection Permit, Section 485-C:14 Notice to Municipality, Section 485-C:14-b Notification of Groundwater Contamination Required.

(b) The regulatory provisions include:

1. New Hampshire Code of Administrative Rules, Chapter Env-Or 400 Underground Storage Tank Facilities: (Effective October 10, 2018)

Part Env-Or 401 Purpose, Applicability, Federal Regulations; Section 401.01 Purpose; Section 401.02 Applicability; Section 401.03 Exclusions, except 401.03(b); Section 401.04 Date of Incorporated Federal Regulations;

Part Env-Or 402 Definitions;

Part Env-Or 403 Reference Standards; Section 403.01 Availability and Applicability of Reference Standards; Section 403.02 American Petroleum Institute, Section 403.03 ASME International, Section 403.04 Fiberglass Tank and Pipe Institute, Section 403.05 NACE International, Section 403.06 National Fire Protection Association, Section 403.07 Petroleum Equipment Institute.

Part Env-Or 404 Registration; Permit to Operate; Required Notifications and Records; Financial Responsibility; Section 404.01 Registration; Section 404.02 Change from Use Not Previously Covered to Covered Use; Section 404.03 Change in Product; Section 404.04 Additional Information Required for Registration; Section 404.05 Signature Required, except 404.05(b)(3); Section 404.06 Permit to Operate Required; Section 404.07 Obtaining a Permit to Operate; Section 404.08 Display, Applicability, and Validity of Permit to Operate; Section 404.09 Records to be Maintained; Section 404.10 Transfer of Facility Ownership; Section 404.12 Financial Responsibility, except 404.12(d)(4) and (m); Section 404.13 Owner Liability.

Part Env-Or 405 Equipment Standards; Section 405.01 Tank Standards for UST Systems; Section 405.02 Piping Standards for UST Systems; Section 405.03 Secondary Containment for Tanks; Section 405.04 Secondary Containment and Sumps for Piping Systems; Section 405.05 Spill Containment, except 405.05(f) and (g);, and 405.12(a); Section 405.06 Overfill Protection; Section 405.07 Dispensing Areas, except for 405.07(a-c), (g), and (h); Section 405.08 Leak Monitoring Systems for Tanks; Section 405.09 Leak Monitoring Systems for Piping Systems; Section 405.10 Cathodic Protection Systems; Section 405.11 Changes to Cathodic Protection Systems.

Part Env-Or 406 Operation, Maintenance, and Testing; Section 406.01 On-Going Maintenance Required; Section 406.02 Operation and Maintenance of Leak Monitoring Systems; Section 406.03 Delivery or Transfer of Regulated Substances; Section 406.04 Unusual Operating Conditions; Section 406.05 Requirements for Tightness Testers and Test Methods; Section 406.06 Leak Rate Detection Criteria; Section 406.07 Requirements for Test Reports; Section 406.08 Test Failures; Section 406.09 Automatic Line Leak Detector Testing; Section 406.10 Cathodic Protection System Testing; Section 406.11 Overfill Prevention Device Testing; Section 406.12 Spill Containment Integrity Testing, except 406.12(c); Section 406.13 Leak Monitoring Equipment Testing; Section 406.14 Containment Sump Integrity Testing; Section 406.15 Hydrostatic Testing Test for Sumps and Spill Containment; Section 406.16 Pneumatic Tightness Test for Piping; Section 406.17 Primary Containment System Testing; Section 406.18 Monthly, Bi-Monthly, and Annual Visual Inspections; Section 406.19 Reports of Visual Inspections.

Part Env-Or 407 Installation Requirements, Section 407.06(a) UST System Design Requirements.

Part Env-Or 408 Repair, Closure, Removal; Section 408.01 Repair of Tanks: Pre-Repair Considerations and Requirements; Section 408.02 Repair of Tanks: Post-Repair Requirements; Section 408.03 Repair and Replacement of Underground Piping, Containment Sumps, and Spill Containment; Section 408.04 Temporary Closure; Section 408.05 Permanent Closure Required, except 408.05(f); Section 408.06 Permanent Closure: Notification and Supervision Required; Section 408.07 Procedures for Permanent Closure; Section 408.08 Permanent Closure: Site Assessment; Section 408.09 Permanent Closure: Inspection Required; Section 408.10 Permanent

Closure: Closure Report, Recordkeeping; Section 408.11 Limitations on Re-Use of Tanks. APPENDIX A: State Statutes and Federal Statutes/Regulation Implemented, APPENDIX B: Incorporation by Reference Information, APPENDIX C: Statutory Definitions, APPENDIX D: Excerpts from RSA 146-C, APPENDIX E: 40 CFR Provisions Referenced.

2. New Hampshire Code of Administrative Rules, Chapter Env-Or 600 Contaminated Site Management: (Effective June 1, 2015)

Part Env-Or 601 Purpose and Applicability, Section 601.01 Purpose, Section 601.02 Applicability.

Part Env-Or 602 Definitions.

Part-Env-Or 603 Groundwater Quality Criteria, Section 603.01 Groundwater Quality Criteria, Section 603.02 Exemptions to Groundwater Quality Criteria, Section 603.03 Ambient Groundwater Quality Standards (AGQS).

Part Env-Or 604 Notification, Section 604.01 Purpose, Section 604.02 Notification of Groundwater Quality Violation, Section 604.03 Exemptions to Notification of Groundwater Quality Violation, Section 604.05 NAPL Notification, Section 604.06 Discharges of Oil Requiring Immediate Notification, Section 604.07 Potential Discharges of Oil Requiring Notification Within 60 Days, Section 604.08 Oil Notification Requirements.

Part Env-Or 605 Preliminary Response Actions, Section 606.01 Purpose, Section 605.03 Emergency Response Actions for Oil Discharges, Section 605.04 Initial Response Actions, Section 605.05 Emergency and Initial Response Action Approval, Section 605.06 Emergency and Initial Response Action Reporting Requirements, Section 605.07 Initial Site Characterization Required, Section 605.08 Initial Site Characterization, Section 605.09 Initial Site Characterization Report, Section 605.10 Investigation Due to Discovery of Discharges from Unknown Sources.

Part Env-Or 606 Comprehensive Response Actions, Section 606.01 Site Investigation Required; Section 606.02 Site Investigation Request, Exemptions; Section 606.03 Site Investigation Report ; Section 606.04 Site Background Information; Section 606.05 Summary of Subsurface Explorations and Sampling; Section 606.06 Site Geology and Hydrology; Section 606.07 Conceptual Model; Section 606.08 Remedial Alternatives, Summary, and Recommendations; Section 606.09 Appendices; Section 606.10 Remedial Action Plan; Section 606.11 Remedial Action Plan Exemptions; Section 606.12 Remedial Action Plan Report; Section 606.13 Remedial Action Plan Approval; Section 606.14 Corrective Action Prior to Remedial Action Plan Approval; Section 606.15 Remedial Action Implementation; Section 606.16 Design Plans and Construction Specifications; Section 606.17 Remedial Action Implementation Report; Section 606.18 Periodic Status Report; Section 606.19 Soil Remediation Criteria; Section 606.20 Financial Assurance; Section 606.21 Financial Assurance Mechanisms.

Part Env-Or 609 Certificates of Completion or No Further Action, Section 609.01 Certificate of Completion, Section 609.02 Certificate of No Further Action.

Part Env-Or 610 Monitoring and Reporting, Section 610.01 Applicability, Section 610.02 Sampling and Analysis, Section 610.03 Reporting, Section 610.04 Groundwater Monitoring Wells.

Part Env-Or 611 Contaminated Soil, Section 611.01 Requirements for Managing Contaminated Soil, Section 611.02 Definitions, Section 611.03 Non-hazardous Oil-Contaminated Soil (NOCS) Certification, Section 611.04 Contaminated Soil Sampling, Section 611.05 Contaminated Soil Storage, Section 611.06 Contaminated Soil Disposal and Reuse.

Appendix A: State States and Federal Statutes/Regulations Implemented; Appendix B: Incorporation by Reference Information; Appendix C: Statutory Definitions.

New Mexico

(a) The statutory provisions include:

1. New Mexico Statutes 1978 Annotated, Chapter 74, Environmental Improvement (1993 Replacement Pamphlet and 1994 Supplement)

a. Article 4: Hazardous Wastes

74-4-1   Short Title

74-4-2   Purpose

74-4-3   Definitions

74-4-3.1   Application of Act

74-4-3.3   Hazardous Wastes of Other States

74-4-4   Duties and Powers of the Board

74-4-4.1   Hazardous Agricultural Waste; Duties and Responsibilities of the Department of Agriculture

74-4-4.4   Underground Storage Tanks; Registration; Installer Certification; Fees [Except insofar as it applies to individuals other than UST owners and operators.]

74-4-4.5   Hazardous Waste Fund Created; Appropriation

74-4-4.7   Permit Applicant Disclosure

74-4-4.8   Underground Storage Tank Fund Created; Appropriation

74-4-5   Adoption of Regulations; Notice and Hearing

74-4-7   Containment and Cleanup of Hazardous Substance Incidents; Division Powers

74-4-8   Emergency Fund

74-4-9   Existing Hazardous Waste Facilities; Interim Status

74-4-10.1   Hazardous Waste Monitoring; Analysis and Testing

b. Article 6: Water Quality

74-6-1   Short Title

74-6-2   Definitions

74-6-3   Water Quality Control Commission Created

74-6-3.1   Legal Advice

74-6-4   Duties and Powers of Commission

74-6-5   Permits; Certification; Appeals to Commission

74-6-5.1   Disclosure Statements

74-6-5.2   Water Quality Management Fund Created

74-6-6   Adoption of Regulations and Standards; Notice and Hearing

74-6-8   Duties of Constituent Agencies

74-6-9   Powers of Constituent Agencies

74-6-12   Limitations

74-6-13   Construction

74-6-14   Recompiled

74-6-15   Confidential Information; Penalties

74-6-16   Effect and Enforcement of Water Quality Act During Transition

74-6-17   Termination of Agency Life; Delayed Repeal

c. Article 6B: Ground Water Protection

74-6B-1   Short Title

74-6B-2   Findings; Purpose of Act

74-6B-3   Definitions

74-6B-4   Underground Storage Tank Committee; Creation; Terms; Powers and Duties

74-6B-6   Civil Liability for Damage to Property from Leaking Underground Storage Tank

74-6B-7   Corrective Action Fund Created; Authorization for Expenditures

74-6B-8   Liability; Cost Recovery

74-6B-9   Underground Storage Tank Fee; Deposit in Underground Storage Tank Fund

74-6B-10   Act Does not Create Insurance Company or Fund

74-6B-12   Early Response Team Created

74-6B-13   Payment Program

74-6B-14   State Liability; Insufficient Balance in the Fund

(b) The regulatory provisions include:

1. State of New Mexico Environmental Improvement Board Underground Storage Tank Regulations

a. Part I: General Provisions

Section 100   Purpose

Section 101   Legal Authority

Section 102   Definitions

Section 103   Applicability

b. Part II: Registration of Tanks

Section 200   Existing Tanks

Section 201   Transfer of Ownership

Section 202   New UST System

Section 203   Substantially Modified UST Systems

Section 204   Notification of Spill or Release

Section 205   Emergency Repairs and Tank Replacement

Section 206   Application Forms

Section 207   Registration Certificate

c. Part III: Annual Fee

Section 300   Payment of Fee

Section 301   Amount of Fee

Section 302   Late Payment Penalties

d. Part IV: New and Upgraded UST Systems: Design, Construction, and Installation

Section 400   Performance Standards for New UST Systems

Section 401   Upgrading of Existing UST Systems

Section 402   Certificate of Compliance; Notification Requirements

e. Part V: General Operating Requirements

Section 500   Spill and Overfill Control

Section 501   Operation and Maintenance of Corrosion Protection

Section 502   Compatibility

Section 503   Repairs Allowed

Section 504   Reporting and Recordkeeping

Section 505   Inspections, Monitoring and Testing

f. Part VI: Release Detection

Section 600   General Requirements for All UST Systems

Section 601   Requirements for Petroleum UST Systems

Section 602   Requirements for Hazardous Substance UST Systems

Section 603   Methods of Release Detection for Tanks

Section 604   Methods of Release Detection for Piping

Section 605   Release Detection Recordkeeping

g. Part VII: Release Reporting, Investigation, and Confirmation

Section 700   Reporting of Suspected Releases

Section 701   Investigation Due to Off-Site Impacts

Section 702   Release Investigation and Confirmation Steps

Section 703   Reporting and Cleanup of Spills and Overfills

h. Part VIII: Out-of-Service Systems and Closure

Section 800   Temporary Closure

Section 801   Permanent Closure and Changes-in-Service

Section 802   Assessing the Site at Closure or Change-in-Service

Section 803   Applicability to Previously Closed UST Systems

Section 804   Closure Records

i. Part IX: Financial Responsibility

Section 900   Applicability

Section 901   Compliance Dates

Section 902   Definition of Terms

Section 903   Amount and Scope of Required Financial Responsibility

Section 904   Allowable Mechanisms and Combinations of Mechanisms

Section 905   Financial Test of Self-Insurance

Section 906   Guarantee

Section 907   Insurance and Risk Retention Group Coverage

Section 908   Surety Bond

Section 909   Letter of Credit

Section 910   Use of State-Required Mechanism

Section 911   State Fund or Other State Assurance

Section 912   Trust Fund

Section 913   Standby Trust Fund

Section 914   Substitution of Financial Assurance Mechanisms by Owner or Operator

Section 915   Cancellation or Nonrenewal by a Provider of Financial Assurance

Section 916   Reporting by Owner or Operator

Section 917   Recordkeeping

Section 918   Drawing on Financial Assurance Mechanisms

Section 919   Release from the Requirements

Section 920   Bankruptcy or Other Incapacity of Owner or Operator or Provider of Financial Assurance

Section 921   Replenishment of Guarantees, Letters of Credit, or Surety Bonds

Section 922   Suspension of Enforcement [Reserved]

j. Part XI: Miscellaneous

Section 1100   Compliance with Other Regulations

Section 1101   Construction

Section 1102   Severability

k. Part XII: Corrective Action for UST Systems Containing Petroleum

Section 1200   General

Section 1201   Definitions

Section 1202   Initial Response

Section 1203   Initial Abatement

Section 1204   72 Hour and 7 Day Reporting Requirements

Section 1205   On-Site Investigation

Section 1206   Report on the On-Site Investigation

Section 1207   Split Samples and Sampling Procedures

Section 1208   Free Product Removal

Section 1209   Treatment of Highly Contaminated Soils

Section 1210   Hydrogeologic Investigation

Section 1211   Review and Approval of Hydrogeologic Investigation

Section 1212   Reclamation Proposal

Section 1213   Public Notice of Reclamation Proposal

Section 1214   Review and Approval of Reclamation Proposal

Section 1215   Implementation of Reclamation Proposal

Section 1216   Quarterly Reports

Section 1217   Evaluation of Corrective Action System

Section 1218   Modification of Reclamation Proposal

Section 1219   Termination of Reclamation

Section 1220   Technical Infeasibility for Completion of Reclamation

Section 1221   Request for Extension of Time

Section 1222   Request for Variance

l. Part XIII: Corrective Action for UST Systems Containing Other Regulated Substances

Section 1300   General

Section 1301   Definitions

Section 1302   Initial Response

Section 1303   Initial Abatement

Section 1304   72 Hour and 7 Day Reporting Requirements

Section 1305   On-Site Investigation

Section 1306   Report on the On-Site Investigation

Section 1307   Split Samples and Sampling Procedures

Section 1308   Hydrogeologic Investigation

Section 1309   Review and Approval of Hydrogeologic Investigation

Section 1310   Reclamation Proposal

Section 1311   Public Notice of Reclamation Proposal

Section 1312   Review and Approval of Reclamation Proposal

Section 1313   Implementation of Reclamation Proposal

Section 1314   Quarterly Reports

Section 1315   Evaluation of Corrective Action System

Section 1316   Modification of Reclamation Proposal

Section 1317   Termination of Reclamation

Section 1318   Additional Water Quality Standards

Section 1319   Request for Extension of Time

Section 1320   Request for Variance

m. Part XV: Ground Water Protection Act Regulations

Section 1500   Purpose

Section 1501   Legal Authority

Section 1502   Definitions

Section 1503   Construction

Section 1504   Permissible Fund Expenditures

Section 1505   Priorities for Fund Expenditures

Section 1506   Site-Specific Allocation of Fund Monies

Section 1507   Reserved and Dedicated Fund Monies

Section 1508   Minimum Site Assessment

2. Corrective Action Fund Payment and Reimbursement Regulations

a. Part I: General Provisions

Section 101   Authority

Section 102   Purpose

Section 103   Applicability

Section 104   Definitions

b. Part II: Compliance Determinations

Section 201   General

Section 202   Determination of Compliance under Section 74-6B-8

Section 203   Compliance Determination Following Written Submission

c. Part III: Eligible and Ineligible Costs

Section 301   Minimum Site Assessment

Section 302   Corrective Action

d. Part IV: Application, Payment, and Reimbursement

Section 401   Application, Payment, and Reimbursement Process

e. Part V: Administrative Review

Section 501   Review by the Director on Written Submittal

Section 502   Request for Hearing on Determinations of Compliance and Cost Eligibility

Section 503   Notice of Docketing and Hearing Officer Assignment; Motions; Prehearing Procedures and Discovery; Hearing and Post-Hearing Procedures

f. Part VI: Miscellaneous Provisions

Section 601   Liberal Construction

Section 602   Severability

Section 603   Compliance

North Carolina

(a) The statutory provisions include:

General Statutes of North Carolina, Chapter 143—State Departments, Institutions, and Commissions; Article 21A, Oil Pollution and Hazardous Substances Control

§143-215.75   Title

§143-215.76   Purpose

§143-215.77   Definitions

§143-215.77A   Designation of hazardous substances and determination of quantities which may be harmful

§143-215.78   Oil pollution control program

§143-215.80   Confidential information

§143-215.81   Authority supplemental

§143-215.82   Local ordinances

§143-215.83   Discharges (Except insofar as (c) addresses permit requirements.)

§143-215.84   Removal of prohibited discharges

§143-215.85   Required notice

§143-215.86   Other State agencies and State-designated local agencies

§143-215.87   Oil or Other Hazardous Substances Pollution Protection Fund

§143-215.88   Payment to State agencies or State-designated local agencies

§143-215.89   Multiple liability for necessary expenses

§143-215.90   Liability for damage to public resources

§143-215.93   Liability for damage caused

§143-215.93A   Limitation on liability of persons engaged in removal of oil discharges

§143-215.94A   Definitions (Except insofar as .94A(2) subjects certain heating oil tanks and the piping connected to otherwise excluded tanks to the regulatory requirements.)

§143-215.94B   Commercial Leaking Petroleum Underground Storage Tank Cleanup Fund

§143-215.94D   Noncommercial Leaking Petroleum Underground Storage Tank Cleanup Fund

§143-215.94E   Rights and obligations of the owner and operator

§143-215.94G   Authority of the Department to engage in cleanups; actions for fund reimbursement (Except insofar as (e) outlines enforcement authorities.)

§143-215.94H   Financial responsibility

§143-215.94I   Insurance pools authorized; requirements

§143-215.94J   Limitation of liability of the State of North Carolina

§143-215.94L   Adoption of rules; administrative procedure; short title; miscellaneous provisions

§143-215.94M   Reports

§143-215.94N   Applicability

§143-215.94O   Petroleum Underground Storage Tank Funds Council

§143-215.94P   Groundwater Protection Loan Fund

§143-215.94T   Adoption and implementation of regulatory program

§143-215.94V   Standards for petroleum underground storage tank cleanup

(b) The regulatory provisions include:

North Carolina Administrative Code, Title 15A—Department of Environment and Natural Resources; Chapter 2, Subchapter 2L: Groundwater Classification and Standards

1. Section .0100   General Considerations

.0101   Authorization

.0102   Definitions

.0103   Policy

.0104   Restricted Designation (RS)

.0105   Adoption by Reference (Repealed)

.0106   Corrective Action

.0107   Compliance Boundary

.0108   Review Boundary

.0109   Delegation

.0110   Monitoring

.0111   Reports

.0112   Analytical Procedures

.0113   Variance

.0114   Notification Requirements

.0115   Risk-Based Assessment and Corrective Action for Petroleum Underground Storage Tanks

2. Section .0200   Classifications and Groundwater Quality Standards

.0201   Groundwater Classifications

.0202   Groundwater Quality Standards

3. Section .0300   Assignment of Underground Water Classifications

.0301   Classifications: General

.0302   Statewide

.0303   Broad River Basin

.0304   Cape Fear River Basin

.0305   Catawba River Basin

.0306   Chowan River Basin

.0307   French Broad River Basin

.0308   Hiwassee River Basin

.0309   Little Tennessee River Basin

.0310   Savannah River Basin

.0311   Lumber River Basin

.0312   Neuse River Basin

.0313   New-Watauga River Basin

.0314   Pasquotank River Basin

.0315   Roanoke River Basin

.0316   Tar Pamlico River Basin

.0317   White Oak River Basin

.0318   Yadkin-Pee Dee River Basin

.0319   Reclassification

North Carolina Administrative Code, Title 15A—Department of Environment and Natural Resources; Chapter 2, Subchapter 2N, Underground Storage Tanks

1. Section .0100   General Provisions

.0101   General (Except insofar as .0101(c) provides inspection and enforcement authority.)

.0102   Copies of referenced Federal regulations

.0103   Adoption by reference updates

.0104   Identification of tanks

2. Section .0200   Program Scope and Interim Prohibition

.0201   Applicability (Except insofar as it subjects USTs containing de minimis concentrations of regulated substances to closure requirements)

.0202   Interim prohibition for deferred UST systems

.0203   Definitions

3. Section .0300   UST Systems: Design, Construction, Installation, and Notification

.0301   Performance standards for new UST systems

.0302   Upgrading of existing UST systems

.0303   Notification requirements

4. Section .0400   General Operating Requirements

.0401   Spill and overfill control

.0402   Operation and maintenance of corrosion protection

.0403   Compatibility

.0404   Repairs allowed

.0405   Reporting and recordkeeping

5. Section .0500   Release Detection

.0501   General requirements for all UST systems

.0502   Requirements for petroleum UST systems

.0503   Requirements for hazardous substance UST systems

.0504   Methods of release detection for tanks

.0505   Methods of release detection for piping

.0506   Release detection recordkeeping

6. Section .0600   Release Reporting, Investigation, and Confirmation

.0601   Reporting of suspected releases

.0602   Investigation due to off-site impacts

.0603   Release investigation and confirmation steps

.0604   Reporting and cleanup of spills and overfills

7. Section .0700   Release Response and Corrective Action for UST Systems Containing Petroleum or Hazardous Substances

.0701   General

.0702   Initial response

.0703   Initial abatement measures and site check

.0704   Initial site characterization

.0705   Free product removal

.0706   Investigations for soil and ground water cleanup

.0707   Corrective action plan

.0708   Public participation

8. Section .0800   Out-of-Service UST Systems and Closure

.0801   Temporary closure

.0802   Permanent closure and changes-in-service (Except insofar as it subjects USTs containing de minimis concentrations of regulated substances to closure requirements)

.0803   Assessing the site at closure or change-in-service

.0804   Applicability to previously closed UST systems

.0805   Closure records

North Carolina Administrative Code, Title 15A—Department of Environment and Natural Resources; Chapter 2, Subchapter 2O: Financial Responsibility Requirements for Owners and Operators of Underground Storage Tanks

1. Section .0100   General Considerations

.0101   General (Except insofar as .0101(c) provides inspection and enforcement authority.)

.0102   Copies of referenced Federal regulations

.0103   Substituted sections

2. Section .0200   Program Scope

.0201   Applicability

.0202   Compliance dates

.0203   Definitions (Except insofar as (b)(1) defines “annual operating fee”)

.0204   Amount and scope of required financial responsibility

3. Section .0300   Assurance Mechanisms

.0301   Allowable mechanisms and combinations of mechanisms

.0302   Self insurance

.0303   Guarantee

.0304   Insurance and risk retention group coverage

.0305   Surety bond

.0306   Letter of credit

.0307   Standby trust fund

.0308   Insurance pools

.0309   Substitution of financial assurance mechanisms

.0310   Cancellation or nonrenewal by a provider of assurance

4. Section .0400   Responsibilities of Owners and Operators

.0401   Reporting by owner or operator

.0402   Record keeping (Except insofar as (b)(2) addresses annual operating fee requirements.)

5. Section .0500   Changes in Status

.0501   Drawing on financial assurance mechanisms

.0502   Release from the requirements

.0503   Incapacity of owner or operator or provider of assurance

.0504   Replenishment

North Carolina Administrative Code, Title 15A—Department of Environment and Natural Resources; Chapter 2, Subchapter 2P: Leaking Petroleum Underground Storage Tank Cleanup Funds

1. Section .0100   General Considerations

.0101   General (Except insofar as .0101(d) provides inspection and enforcement authority.)

.0102   Copies of rules incorporated by reference

.0103   False or misleading information

2. Section .0200   Program Scope

.0201   Applicability (Except insofar as .0201(a) and (b) relate to annual operating fees.)

.0202   Definitions (Except insofar as .0202 (b)(1) relates to annual operating fees.)

3. Section .0300   Annual Operating Fees

.0302   Notification

4. Section .0400   Reimbursement Procedure

.0401   Eligibility of owner or operator (Except insofar as .0401(b) relates to annual operating fees.)

.0402   Cleanup costs

.0403   Third party claims

.0404   Requests for reimbursement

.0405   Method of reimbursement

.0406   Reimbursement apportionment

.0407   Final action

North Dakota

(a) The regulatory provisions include: North Dakota Administrative Code (NDAC), Chapter 33.1-24-08, Technical Standards and Corrective Action Requirements for Owners and Operators of Underground Storage Tanks, as amended effective January 1, 2019:

Section 33.1-24-08-01   Applicability (technical standards and corrective action).

Section 33.1-24-08-02   Installation requirements for partially excluded underground storage tank systems.

Section 33.1-24-08-03   Definitions (technical standards, delivery prohibition, and corrective action).

Section 33.1-24-08-10   Performance standards for new underground storage tank systems.

Section 33.1-24-08-11   Upgrading of existing underground storage tank systems.

Section 33.1-24-08-12   Notification requirements.

Section 33.1-24-08-20   Spill and overfill control.

Section 33.1-24-08-21   Operation and maintenance of corrosion protection.

Section 33.1-24-08-22   Compatibility.

Section 33.1-24-08-23   Repairs allowed.

Section 33.1-24-08-24   Reporting and recordkeeping.

Section 33.1-24-08-25   Periodic testing of spill prevention equipment and containment sumps used for interstitial monitoring of piping and periodic inspection of overfill prevention equipment.

Section 33.1-24-08-26   Periodic operation and maintenance walkthrough inspections.

Section 33.1-24-08-30   General release detection requirements for all underground storage tank systems.

Section 33.1-24-08-31   Release detection requirements for petroleum underground storage tank systems.

Section 33.1-24-08-32   Release detection requirements for hazardous substance underground storage tank systems.

Section 33.1-24-08-33   Methods of release detection for tanks.

Section 33.1-24-08-34   Methods of release detection for piping.

Section 33.1-24-08-35   Release detection recordkeeping.

Section 33.1-24-08-38   Mechanisms for designating tanks ineligible for delivery.

Section 33.1-24-08-39   Reclassifying ineligible tanks as eligible for delivery.

Section 33.1-24-08-40   Reporting of suspected releases.

Section 33.1-24-08-41   Investigation due to offsite impacts.

Section 33.1-24-08-42   Release investigation and confirmation steps.

Section 33.1-24-08-43   Reporting and cleanup of spills and overfills.

Section 33.1-24-08-44   Unattended cardtrol facilities.

Section 33.1-24-08-45   Operator designations and requirements for operator training.

Section 33.1-24-08-46   Timing of operator training and reciprocity.

Section 33.1-24-08-47   Operator retraining.

Section 33.1-24-08-48   Operator training documentation.

Section 33.1-24-08-50   General release response and corrective action for underground storage tank systems containing petroleum or hazardous substances.

Section 33.1-24-08-51   Initial response.

Section 33.1-24-08-52   Initial abatement measures and site check.

Section 33.1-24-08-53   Initial site characterization.

Section 33.1-24-08-54   Free product removal.

Section 33.1-24-08-55   Investigations for soil and groundwater cleanup.

Section 33.1-24-08-56   Corrective action plan.

Section 33.1-24-08-60   Temporary closure.

Section 33.1-24-08-61   Permanent closure and changes in service.

Section 33.1-24-08-62   Assessing the site at closure or change in service.

Section 33.1-24-08-63   Applicability to previously closed underground storage tank systems.

Section 33.1-24-08-64   Closure records.

Section 33.1-24-08-70   UST systems with field-constructed tanks and airport hydrant fuel distribution systems definitions.

Section 33.1-24-08-71   General requirements.

Section 33.1-24-08-72   Additions, exceptions, and alternatives for UST systems with field-constructed tanks and airport hydrant systems.

Section 33.1-24-08-80   Applicability (financial responsibility).

Section 33.1-24-08-81   Financial responsibility compliance dates.

Section 33.1-24-08-82   Definitions (financial responsibility).

Section 33.1-24-08-83   Amount and scope of required financial responsibility.

Section 33.1-24-08-84   Allowable mechanisms and combinations of mechanisms.

Section 33.1-24-08-85   Financial test of self-insurance.

Section 33.1-24-08-86   Guarantee.

Section 33.1-24-08-87   Insurance and risk retention group coverage.

Section 33.1-24-08-88   Surety bond.

Section 33.1-24-08-89   Letter of credit.

Section 33.1-24-08-92   Trust fund.

Section 33.1-24-08-93   Standby trust fund.

Section 33.1-24-08-94   Local government bond rating test.

Section 33.1-24-08-95   Local government financial test.

Section 33.1-24-08-96   Local government guarantee.

Section 33.1-24-08-97   Local government fund.

Section 33.1-24-08-98   Substitution of financial assurance mechanisms by owner or operator.

Section 33.1-24-08-99   Cancellation or nonrenewal by a provider of financial assurance.

Section 33.1-24-08-100   Reporting by owner or operator.

Section 33.1-24-08-101   Recordkeeping.

Section 33.1-24-08-102   Drawing on financial assurance mechanisms.

Section 33.1-24-08-103   Release from requirements.

Section 33.1-24-08-104   Bankruptcy or other incapacity of owner or operator or provider of financial assurance.

Section 33.1-24-08-105   Replenishment of guarantees, letters of credit, or surety bonds.

Section 33.1-24-08-115   Definitions (lender liability).

Section 33.1-24-08-120   Participation in management (lender liability).

Section 33.1-24-08-125   Ownership of an underground storage tank or underground storage tank system or facility or property on which an underground storage tank or underground storage tank system ss located (lender liability).

Section 33.1-24-08-130   Operating an underground storage tank or underground storage tank system (lender liability).

Appendix I.

Appendix II   Statement of Shipping Tickets and Invoices.

(b) Copies of the North Dakota regulations that are incorporated by reference are available from North Dakota Legislative Council, Second Floor, State Capitol, 600 E Boulevard Avenue, Bismarck, North Dakota 58504; phone, 701-328-2916; website, https://www.legis.nd.gov/agency-rules/north-dakota-administrative-code.

Oklahoma

(a) The regulatory provisions include:

Oklahoma Administrative Code, Title 165, effective August 25, 2016:

1, Chapter 25 “Underground Storage Tanks”.

Subchapter 1, General Provisions: Part 1, “Purpose”, Section 165:25-1-1; Part 3, “Definitions”, Section 165:25-1-11; Part 5, “Scope of Rules”, Sections 165:25-1-21, 165:25-1-23.1, and 165:25-1-24; Part 9, “Notification and Reporting Requirements”, Sections 165:25-1-41, 165:25-1-42, 165:25-1-48, 165:25-1-51; Part 11, “Recordkeeping”, 165:25-1-53 through 165:25-1-58, and 165:25-1-60; Part 19, “Operator Training”, Sections 165:25-1-120, 165:25-1-122 and 165:25-1-124.

Subchapter 2, “General Requirements for Underground Storage Tank Systems”, Part 1, “Codes and Standards”, Sections 165:25-2-1, 165:25-2-2 and 165:25-2-4, Part 3, “Design and Installation”, Sections 165:25-2-31 through 165:25-2-33, 165:25-2-35 through 165:25-2-41, Part 5, “Protection Against Corrosion”, Sections 165:25-2-51, 165:25-2-52, 165:25-2-53 and 165:25-2-53.1, Part 6, “Piping”, Sections 165:25-2-55.1 and 165:25-2-55.2, Part 7, “Dispensers”, Sections 165:25-2-71, 165:25-2-72, 165:25-2-73, 165:25-2-75 and 165:25-2-76; Part 9, “Electrical”, Section 165:25-2-91; Part 11, ” Repairs to Underground Storage Tank Systems”, Section 165:25-2-111; Part 13 “Removal and Closure of Underground Storage Tank Systems”, Sections 165:25-2-131, and 165:25-2-133 through 165:25-2-138.

Subchapter 3, “Release Prevention and Detection Requirements”: Part 1, Release Prohibition Requirements”, Section 165:25-3-1; Part 2, “Release Detection Requirements and Methods”, Sections 165:25-3-6.20 through 165:25-3-6.29; Part 3, “Release Investigation Requirements”, Sections 165:25-3-7.1 and 165:25-3-8; Part 15, “Corrective Action Requirements”, Section 165:25-3-70.

Subchapter 5, “Upgrades”, Sections 165:25-5-1 through 165:25-5-4.

Subchapter 6, “Special Requirements for Underground Storage Tank Systems Utilized by Airports Open to the Public”, Part 1, “General Application and Compliance Provisions”, Section 165:25-6-1; Part 3, “Codes and Standards”, Section 165:25-6-7; Part 5, “Dispense Requirements”, Sections 165:25-6-13, 165:25-6-14, 165:25-6-15 and 165:25-6-17; Part 7, “Tank Filling Procedures”, Section 165:25-6-21; Part 9, “Dispensing Procedures”, Sections 165:25-6-27 and 165:25-6-28; Part 11, “Miscellaneous Safety Requirements”, Sections 165:25-6-34 and 165:25-6-35.

Subchapter 8, “Special Requirements for Underground Storage Tanks Utilized by Marinas”: Part 1, “General Application and Compliance Provisions”, Sections 165:25-8-1 and 165:25-8-2; Part 3, “Over-water Piping Requirements”, Sections 165:25-8-3 and 165:25-8-4; Part 5, “Dispenser Requirements”, Sections 165:25-8-14 through 165:25-8-17; Part 9, “Dispensing Procedures”, Section 165:25-8-29; Part 11, “Miscellaneous Safety Requirements, Sections 165:25-8-35 and 165:25-8-36.

Subchapter 14, “Special Requirements for Underground Storage Tank Systems Utilized by Bulk Plant Facilities”: Part 1, “General Application and Compliance Provisions”, Section 165:25-14-1; Part 3, “Dispenser Requirements”, Section 165:25-14-7; Part 5, “Loading Facilities”, Sections 165:25-14-13 and 165:25-14-14; Part 7, “Tank Filling Procedures”, Section 165:25-14-20; Part 9, “Dispensing Procedures”, Sections 165:25-14-26 and 165:25-14-27.

2. Chapter 27 “Indemnity Fund. Subchapter 1, “General Provisions”, Section 165:27-1-2; Subchapter 5, “Qualifications for Reimbursement”, Section 165:27-5-2; Subchapter 7, “Reimbursement”, Sections 165:27-7-2 and 165:27-7-6.

3. Chapter 29 “Corrective Action of Petroleum Storage Tank Releases”:

Subchapter 1, “General Provisions”: Part 1, “Purpose and Statutory Authority”, Sections 165:29-1-1 and 165:29-1-2; Part 3, “Definitions”, Section 165:29-1-11; Part 5, “Scope of Rules”, Section 165:29-1-21; Part 7, “National Industry Codes”, Sections 165:29-1-31 and 165:29-1-32;.

Subchapter 3, “Release Prevention, Detection and Correction”: Part 1, “Release Prohibition, Reporting and Investigation”, Sections 165:29-3-1, 165:29-3-2 and 165:29-3-3; Part 3, “Removal and Closure of Petroleum Storage Tank Systems”, Section 165:29-3-65; Part 5, “Corrective Action Requirements”, Sections 165:29-3-71 through 165:29-3-76, Sections 165:29-3-78, 165:29-3-79, 165:29-3-80, 165:29-3-82 and 165:29-3-83.

(b) Copies of the Oklahoma regulations that are incorporated by reference are available from the State's Office of Administrative Rules, Secretary of State, P.O. Box 53390, Oklahoma City, OK 73152-3390; Phone number: 405-521-4911; website: https://www.sos.ok.gov/oar/Default.aspx.

Oregon

(a) The statutory provisions include:

(1) Chapter 465, Hazardous Waste and Hazardous Materials I (Removal or Remedial Action Sections 465.200 through 465.425):

465.200   Definitions for ORS 465.200 to 465.425 (except for Sections 465.200(5) through (11) and (17) defining terms contained in the dry cleaning requirements; (13) “facility” insofar as it applies to a facility that is not an underground storage tank; (16) “hazardous substance” insofar as it applies to hazardous wastes and any substance that is not otherwise defined as a hazardous substance pursuant to section 101(14) of the Federal Comprehensive Environmental Response, Compensation and Liability Act or that is not oil; (28) “underground storage tank” insofar as it includes any tank or piping that is excluded under ORS 466.710 and also any tank used to store heating oil for consumptive use on the premises where stored.)

465.255   Strict liability for remedial action costs for injury or destruction of natural resource; limited exclusions (except insofar as this includes a person who is not an owner or operator of an underground storage tank and except insofar as the exclusions would exclude persons who would be liable under Section 9003(h)(6) of RCRA).

(2) Chapter 466, Hazardous Waste and Hazardous Materials II (Oil Storage Tanks):

466.706   Definitions for ORS 466.706 to 466.882 and 466.994 (except for the following definitions: Section 466.706(17) “regulated substance” insofar as it would include substances designated by the commission under subsection (c) that are not included under subsections (a) and (b) of this definition; (21) “underground storage tank” insofar as it includes any tank or piping that is excluded under ORS 466.710, and any tank used to store heating oil for consumptive use on the premises where stored.)

466.710   Application of ORS 466.706 to 466.882 and 466.994

466.740   Noncomplying installation prohibited

466.743   Training on operation, maintenance and testing; rules

466.765   Duty of owner or permittee of underground storage tank

466.770   Corrective action required on contaminated site

466.815   Financial responsibility of owner or permittee; rules; legislative review

466.825   Strict liability of owner or permittee

(b) The regulatory provisions include:

(1) Oregon Administrative Rules, Chapter 340, Division 122 insofar as the following rules apply to a release from an underground storage tank, excluding tanks used to store heating oil for consumptive use on the premises where stored.

340-122-0010   Purpose

340-122-0030   Scope and Applicability

340-122-0040   Standards

340-122-0047   Generic remedies

340-122-0050   Activities

340-122-0070   Removal

340-122-0071   Site Evaluation

340-122-0072   Preliminary Assessments

340-122-0073   Confirmation of Release

340-122-0080   Remedial Investigation

340-122-0084   Risk Assessment

340-122-0085   Feasibility Study

340-122-0090   Selection or Approval of the Remedial Action

340-122-0100   Public Notice and Participation

340-122-0110   Administrative Record

340-122-0115   Definitions insofar as the definition applies to an underground storage tank, excluding tanks used to store heating oil for consumptive use on the premises where stored

340-122-0120   Security Interest Exemption

340-122-0205   Purpose

340-122-0210   Definitions except insofar as the definition of “responsible person” includes a person who does not own or operate an underground storage tank

340-122-0215   Scope and Applicability

340-122-0217   Requirements and Remediation Options

340-122-0218   Sampling and Analysis

340-122-0220   Initial Response

340-122-0225   Initial Abatement Measures and Site Check

340-122-0230   Initial Site Characterization

340-122-0235   Free Product Removal

340-122-0240   Investigation for Magnitude and Extent of Contamination

340-122-0243   Low-Impact Sites

340-122-0244   Risk-Based Concentrations

340-122-0250   Corrective Action Plan

340-122-0252   Generic Remedies

340-122-0260   Public Participation

340-122-0320   Soil Matrix Cleanup Options

340-122-0325   Evaluation of Matrix Cleanup Level

340-122-0330   Evaluation Parameters

340-122-0335   Numeric Soil Cleanup Standards

340-122-0340   Sample Number and Location

340-122-0345   Sample Collection Methods

340-122-0355   Evaluation of Analytical Results

340-122-0360   Reporting Requirements

(2) Oregon Administrative Rules, Chapter 340, Division 142 insofar as the following rules apply to a release from an underground storage tank, excluding tanks used to store heating oil for consumptive use on the premises where stored.

340-142-0001   Purpose and Scope

340-142-0005   Definitions as Used in This Division Unless Otherwise Specified

340-142-0030   Emergency Action

340-142-0040   Required Reporting

340-142-0050   Reportable Quantities

340-142-0060   Cleanup Standards

340-142-0070   Approval Required for Use of Chemicals

340-142-0080   Disposal of Recovered Spill Materials

340-142-0090   Cleanup Report

340-142-0100   Sampling/Testing Procedures

340-142-0130   Incident Management and Emergency Operations

(3) Oregon Administrative Rules, Chapter 340, Division 150.

340-150-0001   Purpose

340-150-0006   Applicability and General Requirements

340-150-0008   Exemptions and Deferrals

340-150-0010   Definitions

340-150-0020   UST General Permit Registration Certificate Required except insofar as this provision applies to a person who does not own or operate an underground storage tank and except insofar as the payment of fees is required

340-150-0021   Termination of Temporary Permits

340-150-0052   Modification of Registration Certificates for Changes in Ownership and Permittee except insofar as the payment of fees is required

340-150-0080   Denial, Suspension or Revocation of General Permit Registration Certificates except insofar as this provision applies to a person who does not own or operate an underground storage tank

340-150-0102   Termination of Registration Certificates

340-150-0110   UST General Permit Registration, Annual Compliance and Other Fees except insofar as the payment of fees is required

340-150-0135   General Requirements for Owners and Permittees

340-150-0137   UST Systems with Field-Constructed Tanks and Airport Hydrat Fuel Distribution Systems

340-150-0140   Requirements for Sellers of USTs

340-150-0156   Performance of UST Services by Owners or Permittees

340-150-0160   General Permit Requirements for Installing an UST System except insofar as this provision applies to a person who does not own or operate an underground storage tank

340-150-0163   General Permit Requirements for Operating an UST System except insofar as the payment of fees is required

340-150-0167   General Permit Requirements for Temporary Closure of an UST System except insofar as the payment of fees is required

340-150-0168   General Permit Requirements for Decommissioning an UST System by Permanent Closure except insofar as this provision applies to a person who does not own or operate an underground storage tank and except insofar as the payment of fees is required

340-150-0180   Site Assessment Requirements for Permanent Closure or Change-in-Service

340-150-0200   Training Requirements for UST System Operators and Emergency Response Information

340-150-0210   Training Requirements for UST Operators

340-150-0302   Installation of Used USTs

340-150-0310   Spill and Overfill Prevention Equipment and Requirements

340-150-0315   Priodic operation and maintenance walkthrough inspections

340-150-0320   Corrosion Protection Performance Standards for USTs and Piping

340-150-0325   Operation and Maintenance of Corrosion Protection

340-150-0350   UST System Repairs

340-150-0352   UST System Modifications and Additions

340-150-0354   UST System Replacements

340-150-0360   Requirements for Internally Lined USTs

340-150-0400   General Release Detection Requirements for Petroleum UST Systems

340-150-0410   Release Detection Requirements and Methods for Underground Piping

340-150-0420   Release Detection Requirements for Hazardous Substance UST Systems

340-150-0430   Inventory Control Method of Release Detection

340-150-0435   Statistical Inventory Reconciliation Method of Release Detection

340-150-0440   Manual Tank Gauging Release Detection Method

340-150-0445   Tank Tightness Testing for Release Detection and Investigation

340-150-0450   Automatic Tank Gauging Release Detection Method

340-150-0465   Interstitial Monitoring Release Detection Method

340-150-0470   Other Methods of Release Detection

340-150-0500   Reporting Suspected Releases

340-150-0510   Suspected Release Investigation and Confirmation Steps

340-150-0520   Investigation Due to Off Site Impacts

340-150-0540   Applicability to Previously Closed UST Systems

340-150-0550   Definitions for OAR 340-150-0555 and 340-150-0560

340-150-0555   Compliance Dates for USTs and Piping

340-150-0560   Upgrading Requirements for Existing UST Systems

(4) Oregon Administrative Rules, Chapter 340, Division 151

340-151-0001   Purpose

340-151-0010   Scope and Applicability

340-151-0015   Adoption and Applicability of United States Environmental Protection Agency Regulations

340-151-0020   Definitions

340-151-0025   Oregon-Specific Financial Responsibility Requirements

Pennsylvania

(a) The statutory provisions include:

Pennsylvania Storage Tank and Spill Prevention Act of 1989, Public Law 169, No. 32

35 PS Section 6021.101   Short title

35 PS Section 6021.102   Legislative findings

35 PS Section 6021.103   Definitions (except insofar as the section addresses aboveground storage tanks; encompasses a broader range of regulated substances; and insofar as certain classes of tanks excluded or deferred under the federal definition of “underground storage tank” are not excluded or deferred under the state definition)

35 PS Section 6021.104    API

35 PS Section 6021.105   Advisory committee

35 PS Section 6021.106   Powers and duties of Environmental Quality Board (except insofar as it addresses aboveground storage tanks)

35 PS Section 6021.107   Powers and duties of department (except insofar as paragraphs (b), (c), (e), and (f) grant the Department enforcement authorities; and paragraph (d) establishes the Department's duties regarding a certification program)

35 PS Section 6021.109   Construction

35 PS Section 6021.110   Applicability of certain provisions to the Commonwealth

35 PS Section 6021.501   Underground storage tank requirements (except insofar as subparagraph (a)(1) requires payment of registration fees; subparagraph (a)(8) sets forth permitting requirements; subparagraph (a)(12) addresses permitting; subparagraph (a)(15) regulates handlers of regulated substances; and paragraph (c) establishes a certified installer and inspector program)

35 PS Section 6021.502    Interim requirements and discontinued use (except insofar as paragraph (a) establishes interim registration fees; and subparagraph (b)(5) requires tanks to be installed by a certified installer)

35 PS Section 6021.503   Registration (except insofar as paragraph (a) requires payment of registration fees; paragraph (b) regulates selling, distributing, depositing or filling unregistered underground storage tanks; and paragraph (c) establishes uses for registration fees)

35 PS Section 6021.701   Financial responsibility 35 PS Section 6021.702 Storage Tank Fund (except insofar as paragraph (a) addresses aboveground storage tanks)

35 PS Section 6021.703   Underground Storage Tank Indemnification Board

35 PS Section 6021.704   Underground Storage Tank Indemnification Fund (except insofar as subparagraph (e)(3) addresses payment of fees)

35 PS Section 6021.705   Powers and duties of Underground Storage Tank Indemnification Board (except insofar as paragraphs (d) and (e) address payment of fees)

35 PS Section 6021.706   Eligibility of claimants

35 PS Section 6021.707   Audit

35 PS Section 6021.708 Performance review

35 PS Section 6021.710   Underground Storage Tank Environmental Cleanup Program

35 PS Section 6021.711   Underground Storage Tank Pollution Prevention Program

35 PS Section 6021.712   Upgrade Loan Program

35 PS Section 6021.2101   Start-up costs (except insofar as it addresses aboveground storage tanks)

35 PS Section 6021.2102   Saved from repeal

35 PS Section 6021.2103   Severability

35 PS Section 6021.2104   Repeals

35 PS Section 6021.2105   Effective date

(b) The regulatory provisions include:

Pennsylvania Code, Chapter 245, Administration of the Storage Tank and Spill Prevention Programs

Section 245.1   Definitions (except insofar as the section addresses aboveground storage tanks; encompasses a broader range of regulated substances; and includes individuals that are not regulated under the federal program under its definition of “responsible party”)

Section 245.2   General

Section 245.31   Underground storage tank tightness testing requirements (except insofar as paragraph (a) requires Department certification for underground tightness testing installers)

Section 245.301   Purpose

Section 245.302   Scope

Section 245.304   Investigation of suspected releases

Section 245.305   Reporting releases (except insofar as paragraph (h) addresses aboveground storage tanks)

Section 245.306   Interim remedial actions (except insofar as subparagraph (b)(3) requires permits for treatment and disposal activities; and paragraph (d) regulates parties removing contaminated materials)

Section 245.307   Affected or diminished water supplies

Section 245.308   Onsite storage of contaminated soil

Section 245.309   Site characterization

Section 245.310   Site characterization report

Section 245.311   Remedial action plan

Section 245.312   Remedial action

Section 245.313   Remedial action completion report

Section 245.314   Professional seals

Section 245.401   Purpose

Section 245.402   Scope

Section 245.403   Applicability

Section 245.404   Variances

Section 245.405   Codes and standards

Section 245.421   Performance standards for new underground storage tank systems

Section 245.422   Upgrading of existing underground storage tank systems

Section 245.423   Registration requirements

Section 245.425   Reuse of removed tanks (except insofar as subparagraph (1) requires installation by a certified installer)

Section 245.431   Spill and overfill control

Section 245.432   Operation and maintenance including corrosion protection

Section 245.433   Compatibility

Section 245.434   Repairs allowed (except insofar as subparagraph (1) requires repairs to be performed by a certified installer)

Section 245.435   Reporting and recordkeeping

Section 245.441   General requirements for underground storage tank systems (except insofar as subparagraph (a)(3)(i) requires third-party verification; and subparagraph (a)(3)(ii) requires manufacturers to reevaluate methods within 24 months of EPA changes)

Section 245.442   Requirements for petroleum underground storage tank systems

Section 245.443   Requirements for hazardous substance underground storage tank systems

Section 245.444   Methods of release detection for tanks

Section 245.445   Methods of release detection for piping

Section 245.446   Release detection recordkeeping

Section 245.451   Temporary closure

Section 245.452   Permanent closure and changes-in-service

Section 245.453   Assessing the site at closure or change-in-service

Section 245.454   Applicability to previously closed underground storage tank systems

Section 245.455   Closure records

Section 245.701   Purpose

Section 245.702   Scope

Section 245.703   Owner or operator financial responsibility

Section 245.704   General requirements

Section 245.705   Owner and operator liability

Section 245.706   Underground storage tanks not covered by USTIF

Section 245.707   Coverage amounts for financial responsibility

Section 245.708   Failure to maintain financial responsibility

Puerto Rico

(a) The statutory provisions include:

1. Public Policy Environmental Act of 1970, Act Number 9, June 18, 1970, as amended, 12 Laws of Puerto Rico Annotated (L.P.R.A.) §1121 et seq.

(1) Section 1121—Short title

(2) Section 1122—Purpose

(3) Section 1123—Declaration of policy

(4) Section 1124—Interpretation of legal provisions

(5) Section 1125—Duties of governmental agencies

(6) Section 1126—Savings clause

(7) Section 1127—Complementary character

(8) Section 1128—Annual report of Governor

(9) Section 1129—Creation of Board; composition; term

(10) Section 1130—Duties of Chairman

(11) Section 1130A—Consulting Council

(12) Section 1131—Functions and duties [Except paragraphs (10), (12), (19), (22), (23), (25), (26), (29), and (30), insofar as they outline enforcement authorities; paragraph (13), insofar as it addresses enforcement authorities, permit and license requirements and associated fees, as well as the NPDES and UIC programs; and paragraph (34), insofar as it relates solely to the solid and hazardous waste programs.]

(13) Section 1133—Consultation and use of facilities

(14) Section 1135—Character of Board for federal purposes [Except insofar as it addresses permit requirements.]

(15) Section 1135A—Administration of the Puerto Rico Water Pollution Control Revolving Fund

(16) Section 1137—Confidential documents

(17) Section 1138—Effectiveness of previous documents [Except insofar as it addresses permit and licensing requirements.]

(18) Section 1140—Limitations

(19) Section 1141—Definitions

(20) Section 1142—Powers [Except insofar as (b)(5) sets forth enforcement authorities.]

(b) The regulatory provisions include:

1. Underground Storage Tank Control Regulations, Regulation Number 4362, promulgated by the Commonwealth of Puerto Rico Environmental Quality Board on November 7, 1990.

a. Part I—Program Scope and Interim Prohibition.

(1) Rule 101—Program Scope

(2) Rule 102—Purpose

(3) Rule 103—Applicability

(4) Rule 104—Interim Prohibition for Deferred UST Systems

(5) Rule 105—Definitions and Abbreviations [Except insofar as the Puerto Rico definition of “Underground Storage Tank or UST” does not exclude from regulation heating oil tanks used for storing heating oil for consumptive use on the premises where stored.]

b. Part II—UST Systems: Design, Construction, Installation, and Notification.

(1) Rule 201—Performance Standards for New UST Systems

(2) Rule 202—Upgrading of Existing UST Systems

(3) Rule 203—Notification Requirements

c. Part III—General Operating Requirements.

(1) Rule 301—Spill and Overfill Control

(2) Rule 302—Operation and Maintenance of Corrosion Protection

(3) Rule 303—Compatibility

(4) Rule 304—Repairs Allowed

(5) Rule 305—Reporting and Recordkeeping

d. Part IV—Release Detection.

(1) Rule 401—General Requirements for all UST Systems

(2) Rule 402—Requirements for Petroleum UST Systems

(3) Rule 403—Requirements for Hazardous Substance UST Systems

(4) Rule 404—Methods of Release Detection for Tanks

(5) Rule 405—Methods of Release Detection for Piping

(6) Rule 406—Release Detection Recordkeeping

e. Part V—Release Reporting and Investigation.

(1) Rule 501—Reporting of Suspected Releases

(2) Rule 502—Investigation Due to Off-site Impacts

(3) Rule 503—Release Investigation and Confirmation Steps

(4) Rule 504—Reporting and Cleanup of Spills and Overfills

f. Part VI—Release Response and Corrective Action for UST Systems Containing Petroleum or Hazardous Substances.

(1) Rule 601—General

(2) Rule 602—Initial Response

(3) Rule 603—Initial Abatement Measures and Site Check [Except insofar as 603(A)(5) requires owners and operators to obtain permits or franchises for drilling and installation of groundwater monitoring and/or extraction wells.]

(4) Rule 604—Initial Site Characterization

(5) Rule 605—Free Product Removal [Except insofar as 605(A) and 605 (D)(6) require owners and operators to obtain permits or franchises for drilling and installation of water monitoring and/or extraction wells.]

(6) Rule 606—Investigation for Soil and Groundwater Clean-up

(7) Rule 607—Corrective Action Plan

(8) Rule 608—Public Participation

g. Part VII—Out-Of-Service UST Systems and Closure.

(1) Rule 701—Temporary Closure

(2) Rule 702—Permanent Closure and Changes-in-Service

(3) Rule 703—Assessing the Site at Closure or Change-in-Service

(4) Rule 704—Applicability to Previously Closed UST Systems

(5) Rule 705—Closure Methods

h. Part VIII—Notification Requirements and Procedures.

(1) Rule 801—Notification of Underground Storage System

(2) Rule 802—Notification Requirements

(3) Rule 803—Notification Responsibility

(4) Rule 804—UST Notification Identification Number

(5) Rule 805—Changes to Facility Notification Data

i. Part IX—Financial Responsibility Requirements.

(1) Rule 901—Applicability

(2) Rule 902—Compliance Dates

(3) Rule 903—Definition of Terms

(4) Rule 904—Amount and Scope of Required Financial Responsibility

(5) Rule 905—Allowable Mechanisms and Combinations of Mechanisms

(6) Rule 906—Financial Test of Self-Insurance

(7) Rule 907—Guarantee

(8) Rule 908—Insurance and Risk Retention Group Coverage

(9) Rule 909—Surety Bond

(10) Rule 910—Letter of Credit

(11) Rule 911—Trust Fund

(12) Rule 912—Standby Trust Fund

(13) Rule 913—Substitution of Financial Assurance Mechanisms by Owner or Operator

(14) Rule 914—Cancellation or Nonrenewal by a Provider of Financial Assurance

(15) Rule 915—Reporting by Owner or Operator

(16) Rule 916—Recordkeeping

(17) Rule 917—Drawing on Financial Assurance Mechanisms

(18) Rule 918—Release from the Requirements

(19) Rule 919—Bankruptcy or Other Incapacity of Owner or Operator of Provider of Financial Assurance

(20) Rule 920—Replenishment of Guarantees, Letters of Credit, or Surety Bonds

(21) Rule 921—Suspension of Enforcement

j. Part X—General Provisions.

(1) Rule 1001—Amendments to this Regulation

(2) Rule 1002—Monitoring, Recordkeeping, Reporting, Sampling, and Testing Methods

(3) Rule 1003—Malfunction or Non-compliance, Reporting

(4) Rule 1004—Confidentiality of Information

(5) Rule 1006—Public Notice and Public Hearings

(6) Rule 1009—Public Nuisance

(7) Rule 1011—Overlapping or Inconsistent Provisions

(8) Rule 1012—Derogation

(9) Rule 1013—Separability Clause

(10) Rule 1014—Effectiveness

k. Part XI—General Prohibitions.

(1) Rule 1101—Purpose, Scope and Applicability

(2) Rule 1102—General Prohibitions

Rhode Island

(a) The statutory provisions include Rhode Island Statute Title 46 of the General Laws of Rhode Island, 1956, as amended:

Chapter 12   Water Pollution

Chapter 12.1   Underground Storage Tanks

Chapter 12.3   The Environmental Injury Compensation Act

Chapter 12.5   Oil Pollution Control

Chapter 13.1   Groundwater Protection

Chapter 14   Contamination of Drinking Water

(b) The statutory provisions include Title 42 of the General Laws of Rhode Island, 1956, as amended.

Chapter 35   Administrative Procedures

(c) The statutory provisions include Title 38 of the General Laws of Rhode Island, 1956, as amended.

Chapter 2   Access to Public Records

(d) The statutory provisions include Title 37 of the General Laws of Rhode Island, 1956, as amended.

Chapter 18   Narragansett Indian and Management Corp.

(e) The statutory provisions include Title 23 of the General Laws of Rhode Island, 1956, as amended.

Chapter 19.1   Hazardous Waste Management

(f) The regulatory provisions include State of Rhode Island, Agency of Natural Resources, Underground Storage Tank Regulations, February 1, 1991:

Section 1.00   Purpose

Section 2.00   Authority

Section 3.00   Superseded Rules and Regulations

Section 4.00   Severability

Section 5.00   Applicability

Section 6.00   Administrative Findings

Section 7.00   Definitions

Section 8.00   Facility Registration and Notification

Section 9.00   Financial Responsibility

Section 10.00   Minimum Existing Facility Requirements

Section 11.00   New Facility and Replacement Tank Requirements

Section 12.00   Facility Modification

Section 13.00   Maintaining Records

Section 14.00   Leak and Spill Response

Section 15.00   Closure

Section 16.00   Leak Detection Methods and Precision Tester Licensing Requirements

Section 17.00   Signatories to Registration and Closure Applications

Section 18.00   Transfer of Certificates of Registration or Closure

Section 19.00   USTs/Holding Tanks Serving Floor Drains

Section 20.00   Variances

Section 21.00   Appeals

Section 22.00   Penalties

Appendix A

Appendix B

Appendix C

South Carolina

(a) The statutory provisions include:

(1) Code of Laws of South Carolina, Title 44. Health, Chapter 2. State Underground Petroleum Environmental Response Bank Act (SUPERB Act)

44-2-10   Short Title

44-2-20   Definitions

44-2-70   Financial responsibility of underground storage tank owners and operators

44-2-80   Release of regulated substance; containment, removal, and abatement

(b) The regulatory provisions include:

(1) South Carolina Underground Storage Tank Control Regulations, R.61-92, Part 280

280.10   Applicability

280.11   Interim prohibition for deferred UST systems

280.12   Definitions

280.20   Performance standards for new UST systems

280.21   Upgrading of Existing UST systems

280.22   Notification requirements

280.23   New tanks—B permits required

280.24   Testing

280.25   Secondary containment required

280.30   Spill and overfill control

280.31   Operation and maintenance of corrosion protection

280.32   Compatibility

280.33   Repairs allowed

280.34   Reporting and recordkeeping

280.40   General requirements for all UST systems

280.41   Requirements for petroleum UST systems

280.42   Requirements for hazardous substance UST systems

280.43   Methods of release detection for tanks

280.44   Methods of release detection for piping

280.45   Release detection recordkeeping

280.50   Reporting of suspected releases

280.51   Investigation due to off-site impacts

280.52   Release investigation and confirmation steps

280.53   Reporting and cleanup of spills and overfills

280.60   General

280.61   Initial response

280.62   Initial abatement measures and site check

280.63   Initial site characterization

280.64   Free product removal

280.65   Investigations for soil and ground-water cleanup

280.66   Corrective action plan

280.67   Public participation

280.70   Temporary closure

280.71   Permanent closure and changes-in-service

280.72   Assessing the site at closure or change-in-service and reporting requirements

280.73   Applicability to previously closed UST systems

280.74   Closure records

280.90   Applicability

280.91   Compliance dates

280.92   Definition of terms

280.93   Amount and scope of required financial responsibility

280.94   Allowable mechanisms and combinations of mechanisms

280.95   Financial test of self-assurance

280.96   Guarantee

280.97   Insurance and risk retention group coverage

280.98   Surety Bond

280.99   Letter of credit

280.101   State Underground Petroleum Environmental Response Bank (SUPERB) or other state assurance

280.102   Trust Fund

280.103   Standby trust fund

280.104   Local government bond rating test

280.105   Local government financial test

280.106   Local government guarantee

280.107   Local government fund

280.108   Substitution of financial assurance mechanism by owner or operator

280.109   Cancellation or non-renewal by a provider of financial assurance

280.110   Reporting by owner or operator

280.111   Recordkeeping

280.112   Drawing on financial assurance mechanisms

280.113   Release from requirements

280.114   Bankruptcy or other incapacity of owner or operator or provider of financial assurance

280.115   Replenishment of guarantees, letters of credit, or surety bonds

280.116   Suspension of enforcement (reserved)

280.200   Definitions

280.210   Participation in management

280.220   Ownership of an underground storage tank or underground storage tank system or facility or property on which an underground storage tank or underground storage tank system is located

280.230   Operating an underground storage tank or underground storage tank system

South Dakota

(a) The statutory provisions include South Dakota Statutes Annotated, Chapter 34A-2, Sections 98 and 99. Underground Storage Tanks:

Section 98   Underground storage tanks—Definitions.

Section 99   Underground storage tanks—Adoption of Rules—Violation.

(b) The regulatory provisions include State of South Dakota Administrative Rules, Chapter 74:03:28, Underground Storage Tanks, Department of Environment and Natural Resources, June 24, 1992:

Section 74:03:28:01   Definitions.

Section 74:03:28:02   Performance standards for new UST systems—General requirements.

Section 74:03:28:03   Upgrading of existing UST systems—General requirements and deadlines.

Section 74:03:28:04   Notification requirements for UST systems.

Section 74:03:28:05   Spill and overfill control.

Section 74:03:28:06   Operation and maintenance of cathodic protection.

Section 74:03:28:07   Compatibility.

Section 74:03:28:08   Repairs allowed—general requirements.

Section 74:03:28:09   Maintenance and availability of records.

Section 74:03:28:10   Release detection for all UST systems—general requirements and deadlines.

Section 74:03:28:11   Release detection requirements for petroleum UST systems.

Section 74:03:28:12   Release detection requirements for pressure piping.

Section 74:03:28:13   Recordkeeping.

Section 74:03:28:14   Release notification plan.

Section 74:03:28:15   Reported of suspected releases.

Section 74:03:28:16   Release investigation and confirmation.

Section 74:03:28:17   Off-site impacts and source investigation.

Section 74:03:28:18   General requirements for corrective action for releases from UST systems.

Section 74:03:28:19   Initial abatement requirements and procedures for releases from UST systems.

Section 74:03:28:20   Free product removal.

Section 74:03:28:21   Additional site investigation for releases from UST systems.

Section 74:03:28:22   Soil and groundwater cleanup for releases from UST systems.

Section 74:03:28:23   Reporting of releases from UST systems.

Section 74:03:28:28   Reporting of hazardous substance releases from UST systems.

Section 74:03:28:29   Temporary removal from use.

Section 74:03:28:30   Temporary closure.

Section 74:03:28:31   Permanent closure.

Section 74:03:28:32   Postclosure requirements.

Section 74:03:29:01   Applicability.

Section 74:03:29:23   Definitions.

Section 74:03:29:24   Financial responsibility rules.

Tennessee

(a) The statutory provisions include:

1. Section 68-215-101   Short title

2. Section 68-215-102   Legislative intent [Except §68-215-102(a)(3) and except §68-215-102(a)(5).]

3. Section 68-215-103   Definitions

4. Section 68-215-105   Minimum requirements for tanks

5. Section 68-215-106   Notification as to tanks in use and tanks taken out of operations [Except §68-215-106(a)(6) and except §68-215-106(c)(2).]

6. Section 68-215-107   Supervision, inspection, and enforcement responsibilities [Except §68-215-107(e) and except §68-215-107(f)(9).]

7. Section 68-215-108   Proprietary information

8. Section 68-215-118   Compliance by governmental entities

9. Section 68-215-123   Complaints—Hearings—Appeals

10. Section 68-215-124   Exemptions

11. Section 68-215-126   Preemption of local regulation—Exception

12. Section 68-215-127   Exclusivity of provisions

(b) The regulatory provisions include:

1. Section .01   Program Scope and Minimum Requirements for Tanks

Section .01(1)   Applicability

Section .01(2)   Minimum requirements for tanks

Section .01(3)   Definitions

2. Section .02   UST Systems: Design, Construction, Installation and Notification

Section .02(1)   Performance standards for new UST systems

Section .02(2)   Upgrading of existing UST systems

Section .02(3)   Notification requirements

3. Section .03   General Operating Requirements

Section .03(1)   Spill and overfill control

Section .03(2)   Operation and maintenance of corrosion protection

Section .03(3)   Compatibility

Section .03(4)   Repairs allowed

Section .03(5)   Reporting and recordkeeping

4. Section .04   Release Detection

Section .04(1)   General requirements for release detection

Section .04(2)   Requirements for petroleum UST systems

Section .04(3)   Methods of release detection for tanks

Section .04(4)   Methods of release detection for piping

Section .04(5)   Release detection recordkeeping

5. Section .05   Release Reporting, Investigation and Confirmation

Section .05(1)   Reporting of suspected releases

Section .05(2)   Investigation due to off-site impacts

Section .05(3)   Release investigation and confirmation steps

Section .05(4)   Reporting and cleanup of spills and overfills

6. Section .06   Release Response and Corrective Action for UST Systems Containing Petroleum

Section .06(1)   General

Section .06(2)   Initial response

Section .06(3)   Initial abatement measures and site check

Section .06(4)   Initial site characterization

Section .06(5)   Free products removal

Section .06(6)   Investigations for soil and ground water cleanup

Section .06(7)   Corrective action plan

Section .06(8)   Public participation

7. Section .07   Out-of-Service UST System and Closure

Section .07(1)   Temporary closure

Section .07(2)   Permanent closure and changes-in-service

Section .07(3)   Assessing the site at closure or change-in-service

Section .07(4)   Applicability to previously closed UST systems

Section .07(5)   Closure records

8. Section .08   Financial Responsibility

Section .08(1)   Applicability

Section .08(2)   Compliance dates

Section .08(3)   Definition of terms

Section .08(4)   Amount and scope of required financial responsibility

Section .08(5)   Allowable mechanisms and combinations of mechanisms

Section .08(6)   Financial test of self-insurance

Section .08(7)   Guarantee

Section .08(8)   Insurance and risk retention group coverage

Section .08(9)   Surety bond

Section .08(10)   Letter of credit

Section .08(11)   Petroleum underground storage tank fund

Section .08(12)   Trust fund

Section .08(13)   Standby trust fund

Section .08(14)   Substitution of financial assurance mechanisms by owner or operator

Section .08(15)   Cancellation or nonrenewel by a provider of financial assurance

Section .08(16)   Reporting by owner or operator

Section .08(17)   Recordkeeping

Section .08(18)   Drawing on financial assurance mechanisms

Section .08(19)   Release from requirements

Section .08(20)   Bankruptcy or other incapacity of owner or operator or provider of financial assurance

Section .08(21)   Replenishment of guarantees, letters of credit, or surety bonds

Texas

(a) The statutory provisions include

1. Texas Water Code, Title 2, Subtitle D, Chapter 26—State Water Administration

a. Subchapter I: Underground and Aboveground Storage Tanks

Section 26.341   Purpose (Except insofar as it applies to aboveground storage tanks.)

Section 26.342   Definitions (Except insofar as (10) and (12) apply to aboveground storage tanks.)

Section 26.343   Regulated Substances

Section 26.344   Exemptions (Except insofar as (a), (d), and (f) apply to aboveground storage tanks.)

Section 26.345   Administrative Provisions (Except insofar as (a) and (e) apply to aboveground storage tanks.)

Section 26.346   Registration Requirements (Except insofar as (a) applies to aboveground storage tanks.)

Section 26.347   Tank Standards

Section 26.348 Leak Detection and Record Maintenance

Section 26.349   Reporting of Releases and Corrective Action (Except insofar as (a) applies to aboveground storage tanks.)

Section 26.350   Tank Closure Requirements

Section 26.351   Corrective Action (Except insofar as it applies to aboveground storage tanks.)

Section 26.3511   Corrective Action by the Commission (Except insofar as it applies to aboveground storage tanks.)

Section 26.3512   Owner or Operator Responsibility; Limitations on Fund Payments for Corrective Action

Section 26.3513   Liability and Costs: Multiple Owners and Operators

Section 26.3514   Limits on Liability of Lender (Except insofar as it applies to aboveground storage tanks.)

Section 26.3515   Limits on Liability of Corporate Fiduciary (Except insofar as it applies to aboveground storage tanks.)

Section 26.352   Financial Responsibility

Section 26.355   Recovery of Costs (Except insofar as it applies to aboveground storage tanks.)

Section 26.357   Standards and Rules

Section 26.3571   Eligible Owner or Operator

Section 26.3572   Groundwater Protection Cleanup Program

Section 26.3573   Petroleum Storage Tank Remediation Fund

Section 26.35735   Claims Audit

Section 26.3574   Fee on Delivery of Certain Petroleum Products

Section 26.358   Storage Tank Fund; Fees (Except insofar as it applies to aboveground storage tanks.)

Section 26.359   Local Regulation or Ordinance

(b) The regulatory provisions include

1. 31 Texas Administrative Code, Chapter 334—Underground and Aboveground Storage Tanks

a. Subchapter A: General Provisions

Section 334.1   Purpose and Applicability (Except insofar as Section 334.1(a)(1), (c), and (d)(2) apply to aboveground storage tanks.)

Section 334.2   Definitions

Section 334.3   Statutory Exemptions (Except insofar as Section 334.3(b) applies release reporting and corrective action requirements to certain hydraulic lift tanks that are exempt under the federal program.)

Section 334.4 Commission Exclusions (Except insofar as Section 334.4: (1) Does not exclude airport hydrant fuel distribution systems and UST systems with field-constructed tanks; excludes only sumps less than 110 gallons, as opposed to all tanks; and does not provide a release detection deferral for UST systems that store fuel solely for use by emergency power generators; (2) Subjects wastewater treatment tank systems that are deferred in the federal rules to the registration requirements, general operating requirements, and corrective action requirements; (3) Requires USTs that store radioactive substances or are part of a nuclear power plant to comply with registration and general operating requirements; and (4) Applies release reporting and corrective action requirements to certain hydraulic lift tanks that are exempt under the federal program.)

Section 334.5   General Prohibitions

Section 334.6   Construction Notification

Section 334.7   Registration

Section 334.8   Certification

Section 334.9   Seller's Disclosure

Section 334.10   Reporting and Recordkeeping

Section 334.12   Other General Provisions

2. Subchapter B: Underground Storage Tank Fees

Section 334.21   Fee Assessment

Section 334.22   Failure to Make Payment

Section 334.23   Disposition of Fees, Interest and Penalties

3. Subchapter C: Technical Standards

Section 334.41   Applicability

Section 334.42   General Standards

Section 334.43   Variances and Alternative Procedures

Section 334.44   Implementation Schedules

Section 334.45   Technical Standards for New UST Systems

Section 334.46   Installation Standards for New UST Systems

Section 334.47   Technical Standards for Existing UST Systems

Section 334.48   General Operating and Management Requirements

Section 334.49   Corrosion Protection

Section 334.50   Release Detection

Section 334.51   Spill and Overfill Prevention and Control

Section 334.52   UST System Repairs and Relining

Section 334.53   Reuse of Used Tanks

Section 334.54   Temporary Removal from Service

Section 334.55   Permanent Removal from Service

4. Subchapter D: Release Reporting and Corrective Action

Section 334.71   Applicability

Section 334.72   Reporting of Suspected Releases

Section 334.73   Investigation Due to Off-Site Impacts

Section 334.74   Release Investigation and Confirmation Steps

Section 334.75   Reporting and Cleanup of Surface Spills and Overfills

Section 334.76   Initial Response to Releases

Section 334.77   Initial Abatement Measures and Site Check

Section 334.78   Initial Site Characterization

Section 334.79   Free Product Removal

Section 334.80   Investigation for Soil and Groundwater Cleanup

Section 334.81   Corrective Action Plan

Section 334.82   Public Participation

Section 334.83   Emergency Orders

Section 334.84   Corrective Action by the Commission

Section 334.85   Management of Wastes

5. Subchapter E: Financial Responsibility

Section 334.91   Applicability

Section 334.92   Compliance Dates

Section 334.93   Amount and Scope of Required Financial Responsibility

Section 334.94   Allowable Mechanisms and Combinations of Mechanisms

Section 334.95   Financial Test of Self-Insurance

Section 334.96   Guarantee

Section 334.97   Insurance and Risk Retention Group Coverage

Section 334.98   Surety Bond

Section 334.99   Letter of Credit

Section 334.100   Trust Fund

Section 334.101   Standby Trust Fund

Section 334.102   Substitution of Financial Assurance Mechanisms by Owner or Operator

Section 334.103   Cancellation or Nonrenewal by a Provider of Financial Assurance

Section 334.104   Reporting by Owner or Operator

Section 334.105   Financial Assurance Recordkeeping

Section 334.106   Drawing on Financial Assurance Mechanisms

Section 334.107   Release from the Requirements

Section 334.108   Bankruptcy or Other Incapacity of Owner or Operator of Provider of Financial Assurance

Section 334.109   Replenishment of Guarantees, Letters of Credit, or Surety Bonds

6. Subchapter H: Interim Reimbursement Program

Section 334.301   Applicability of this Subchapter

Section 334.302   General Conditions and Limitations Regarding Reimbursement—Interim Period

Section 334.303   Time to File Application—Interim Period

Section 334.304   Who May File Application—Interim Period

Section 334.305   Where and How Documents Must Be Filed—Interim Period

Section 334.306   Form and Contents of Application—Interim Period

Section 334.307   Technical Information Required—Interim Period

Section 334.308   Allowable Costs and Restrictions on Allowable Costs—Interim Period

Section 334.309   Reimbursable Costs—Interim Period

Section 334.310   Requirements for Eligibility—Interim Period

Section 334.311   Determining the Number of Occurrences—Interim Period

Section 334.312   Owner/Operator Contribution

Section 334.313   Review of Application by Executive Director—Interim Period

Section 334.314   Executive Director's Fund Payment Report—Initial Period

Section 334.315   Protest of Fund Payment Report—Interim Period

Section 334.316   Formal Petition—Interim Period

Section 334.317   Hearing by the Commission—Interim Period

Section 334.318   Recovery of Costs—Interim Period

Section 334.319   Administrative Penalties and Other Actions—Initial Period

Section 334.320   Responsibilities of Owners and Operators—Interim Period

Section 334.321   Corrective Action by the Commission—Interim Period

Section 334.322   Subchapter H Definitions

7. Subchapter K: Petroleum Substance Waste

Section 334.481   Definitions

Section 334.482   General Prohibitions

Section 334.483   Disposal by Generator

Section 334.484   Registration Required for Petroleum-Substance Waste Storage or Treatment Facilities

Section 334.485   Authorization for Class C and Class D Facilities

Section 334.486   Exemptions

Section 334.487   Notification and Mobilization Requirements for Class B Facilities

Section 334.488   Effect on Existing Facilities

Section 334.489   Notice to Owners and Operators

Section 334.490   Public Notice

Section 334.491   Public Meetings for Class A Facilities

Section 334.492   Closure and Facility Expansion

Section 334.493   Location Standards for Class A Petroleum-Substance Waste Storage or Treatment Facilities

Section 334.494   Shipping Procedures Applicable to Generators of Petroleum-Substance Waste

Section 334.495   Recordkeeping and Reporting Procedures Applicable to Generators

Section 334.496 Shipping Requirements Applicable to Transporters of Petroleum-Substance Waste

Section 334.497   Shipping Requirements Applicable to Owners or Operators of Storage Treatment or Disposal Facilities

Section 334.498   Recordkeeping Requirements Applicable to Owners or Operators of Storage Treatment or Disposal Facilities

Section 334.499   Additional Reports

Section 334.500   Design and Operating Requirements of Stockpiles and Land Surface Treatment Units

Section 334.501   Reuse of Petroleum-Substance Waste

Section 334.502   Contaminant Assessment Program and Corrective Action

Section 334.503   Security

Section 334.504   Contingency Plan

Section 334.505   Emergency Procedures

Section 334.506   Closure Requirements Applicable to Class A and Class B Facilities

Section 334.507   General Requirements for Financial Assurance

Section 334.508   Mechanisms for Financial Assurance

Section 334.509   Liability Requirements for Class A and B Facilities

Section 334.510   Incapacity of Owners or Operators, Guarantors, or Financial Institutions

8. Subchapter L: Overpayment Prevention

Section 334.530   Purpose and Applicability of the Subchapter

Section 334.531   Responsibility of Recipients of Money from the PSTR Fund and Persons Paid by Recipients of Money from the PSTR Fund

Section 334.532   Payments

Section 334.533   Audits

Section 334.534   Notice of Overpayment

Section 334.535   Objections to the Notice of Overpayment and Formal Petition for Hearing

Section 334.536 Hearing by the Commission

Section 334.537   Failure to Return Overpayment or Cooperative with Audit or Investigation

Section 334.538   Administrative Penalties and Other Actions

9. Subchapter M: Reimbursable Cost Guidelines for the Petroleum Storage Tank Reimbursement Program

Section 334.560   Reimbursable Cost Guidelines

Utah

(a) The statutory provisions include: Utah Code, Title 19: “Environmental Quality Code,” Chapter 1, “General Provisions, Part 2, Powers,” (May 8, 1991) and Chapter 6, “Hazardous Substances, Part 4, Underground Storage Tank Act” (May 8, 2018):

Section 19-1-203, Representatives of department authorized to enter regulated premises.

Section 19-6-402, Definitions, except (3), (4), (8), (9), (11), (14), (15), (20), (23) and (26).

Section 19-6-402.5, Retroactive effect.

Section 19-6-403, Powers and duties of board, except (1)(a)(i), (1)(a)(vi) and (1)(a)(vii).

Section 19-6-404, Powers and duties of director, except 2(c), 2(f), 2(j) and 2(m).

Section 19-6-407, Underground storage tank registration—Change of ownership or operation—civil penalty, except (2) and (3).

Section 19-6-413, Tank tightness test—Action required after testing.

Section 19-6-420 Abatement actions—Corrective actions, except (1) through (3)(b), (4)(a), (5)(b) and (c), (6), and 9(b).

(b) Administrative Rules of the State of Utah, Title 311 Environmental Quality, Environmental Response and Remediation, Utah Administrative Code (April 1, 2018):

(1) Section R311-200-1, Underground Storage Tanks: Definitions, except (b)(2), (b)(5), (b)(6), (b)(7), (b)(10), (b)(11), (b)(12), (b)(13), (b)(20), (b)(22), (b)(28), (b)(34), (b)(38), (b)(44), (b)(45), (b)(49), (b)(51), (b)(55), (b)(56), (b)(58), and (b)(59).

Section R311-201-1, Underground Storage Tanks: Definitions, except those definitions listed as excepted under R311-200-1.

Section R311-201-12, Underground Storage Tanks: Certification Programs and UST Operator Training, UST Operator Training and Registration, except (d)(2) and (f).

Section R311-202-1, Federal Underground Storage Tank Regulations, Incorporation by reference, except (a), (b), (c), and (d).

Section R311-203-1, Underground Storage Tanks: Technical Standards, Definitions, except those definitions listed as excepted under R311-200-1.

Section R311-203-2, Notification.

Section R311-203-3, New installations, permits, except (b), (c), and (g).

Section R311-203-5, UST testing requirements.

Section R311-203-6, Secondary containment and under-dispenser containment.

Section R311-203-7, Operator inspections.

Section R311-203-8, Unattended facilities.

Section R311-204-1, Underground Storage Tanks: Closure and Remediation, Definitions, except those definitions listed as excepted under R311-200-1.

Section R311-204-2, Underground Storage Tank Closure Plan.

Section R311-204-3, Disposal.

Section R311-204-4, Closure notice.

Section R311-205-1, Underground Storage Tanks: Site Assessment Protocol, Definitions, except those definitions listed as excepted under R311-200-1.

Section R311-205-2, Site assessment protocol.

Section R311-206-1, Underground Storage Tanks: Certificate of Compliance and Financial Assurance Mechanisms, Definitions, except those definitions listed as excepted under R311-200-1.

Section R311-206-2, Declaration of financial assurance mechanisms, except (a)(1), (b), and (c).

Section R311-206-3, Requirements for issuance of certificates of compliance, except (7) and (8).

Section R311-206-5, Requirements for owners and operators demonstrating financial assurance by other methods, except (b) and (b)(2).

Section R311-206-8, Delivery prohibition, except (a)(1)—(4) and (f)(1)(A).

(c) Copies of the Utah regulations that are incorporated by reference are available from the Utah's Office of Administrative Rules, Office Coordinator, P.O. Box 141007, Salt Lake City, UT 84114-1007; Phone number: 801-538-3003; website: https://rules.utah.gov/publications/utah-adm-code/.

Vermont

(a) The statutory provisions include Vermont Statutes Annotated, 1992, Chapter 59. Underground Liquid Storage Tanks:

Section 1921   Purpose.

Section 1922   Definitions.

Section 1923   Notice of New or Existing Underground Storage Tank.

Section 1924   Integrity Report.

Section 1925   Notice in Land Records.

Section 1926   Unused and Abandoned Tanks.

Section 1927   Regulation of Category One Tanks.

Section 1928   Regulation of Large Farm and Residential Motor Fuel Tanks.

Section 1930   Implementation; Coordination.

Section 1936   Licensure of Tank Inspectors.

Section 1938   Underground Storage Tank Trust Fund.

Section 1939   Risk Retention Pool.

Section 1940   Underground Storage Tank Incentive Program.

Section 1941   Petroleum Cleanup Fund.

Section 1942   Petroleum Distributor Licensing Fee.

Section 1943   Petroleum Tank Assessment.

Section 1944   Underground Storage Tank Loan Assistance Program.

(b) The regulatory provisions include State of Vermont, Agency of Natural Resources, Underground Storage Tank Regulations, February 1, 1991:

(1) Subchapter 1: General.

Section 8-101   Purpose.

Section 8-102   Applicability.

Section 8-103   Severability.

(2) Subchapter 2: Definitions.

Section 8-201   Definitions.

(3) Subchapter 3: Notification and Permits.

Section 8-301   Notification, except for the following words in section 8-301(1), “Notification is also required for any tank used exclusively for on-premises heating that is greater than 1100 gallons in size.”

Section 8-302   Permits.

Section 8-303   Financial Responsibility Requirements.

Section 8-304   Petroleum Tank Assessment.

Section 8-305   Innovative Technology.

(4) Subchapter 4: Minimum Standards for New and Replacements Tanks and Piping.

Section 8-401   General Requirements.

Section 8-402   Tanks—Design and Manufacturing Standards.

Section 8-403   Tanks—Secondary Containment.

Section 8-404   Tanks—Release Detection.

Section 8-405   Piping—Design and Construction.

Section 8-406   Compatibility.

Section 8-407   Spill and Overfill Prevention Equipment.

Section 8-408   Installation.

(5) Subchapter 5: Minimum Operating Standards for Existing Tanks and Piping.

Section 8-501   General Requirements.

Section 8-502   Spill and Overfill Prevention.

Section 8-503   Corrosion Protection of Metallic Components.

Section 8-504   Release Detection.

Section 8-505   Compatibility.

Section 8-506   Repairs.

(6) Subchapter 6: Reporting, Investigation, Corrective Action and UST Closure.

Section 8-601   General Requirement, except for the following words, “Heating oil tanks greater than 1100 gallons capacity used exclusively for on-premise heating purposes are subject to the requirements for permanent closure in accordance with subsection 8-605(2).”

Section 8-602   Reporting.

Section 8-603   Release Investigation and Confirmation.

Section 8-604   Corrective Action.

Section 8-605   Closure of USTs.

Appendix A   Groundwater Monitoring Requirements.

Appendix B   Inventory Monitoring Procedures.

Appendix C   Procedures for Manual Tank Gauging.

Appendix D   Installation Requirements Applicable to New and Replacement UST Systems.

Virginia

(a) The statutory provisions include:

(1) Code of Virginia, Title 62.1, Chapter 3.1: State Water Control Law

Article 9: Storage Tanks

Section 62.1-44.34:8   Definitions, except “Aboveground storage tank” and “Regulated substance”

Section 62.1-44.34:9   Powers and duties of Board

Article 10: Petroleum Storage Tank Fund

Section 62.1-44.34:10   Definitions, except “Aboveground storage tank” and “Regulated substance”

Section 62.1-44.34:11   Virginia Petroleum Storage Tank Fund

Section 62.1-44.34:12   Financial responsibility

(b) The regulatory provisions include:

(1) Virginia Administrative Code, Title 9, Agency 25: State Water Control Board, Chapter 580: Underground Storage Tanks—Technical Standards and Corrective Action Requirements

Part I: Definitions, Applicability, and Interim Prohibition

9 VAC 25-580-10   Definitions, except “Underground storage tank” includes heating oil tanks of greater than 5,000 gallon capacity and “Regulated substance”

9 VAC 25-580-20   Applicability

9 VAC 25-580-30   Interim prohibition for deferred UST systems

9 VAC 25-580-40   Permitting and inspection requirements for all UST systems

Part II: UST Systems: Design, Construction, Installation, and Notification

9 VAC 25-580-50   Performance standards for new UST systems

9 VAC 25-580-60   Upgrading of existing UST systems

9 VAC 25-580-70   Notification requirements

9 VAC 25-580-80   Spill and overfill control

9 VAC 25-580-90   Operation and maintenance of corrosion protection

9 VAC 25-580-100   Compatibility

9 VAC 25-580-110   Repairs allowed

Part III: General Operating Requirements

9 VAC 25-580-120   Reporting and recordkeeping

Part IV: Release Detection

9 VAC 25-580-130   General requirements for all petroleum and hazardous substance UST systems, except heating oil tanks of greater than 5,000 gallon capacity

9 VAC 25-580-140   Requirements for petroleum UST systems

9 VAC 25-580-150   Requirements for hazardous substance UST systems

9 VAC 25-580-160   Methods of release detection for tanks

9 VAC 25-580-170   Methods of release detection for piping

9 VAC 25-580-180   Release detection recordkeeping

Part V: Release Reporting, Investigation, and Confirmation

9 VAC 25-580-190   Reporting of suspected releases

9 VAC 25-580-200   Investigation due to off-site impacts

9 VAC 25-580-210   Release investigation and confirmation steps

9 VAC 25-580-220   Reporting and cleanup of spills and overfills

Part VI: Release Response and Corrective Action for UST Systems Containing Petroleum for Hazardous Substances

9 VAC 25-580-230   General

9 VAC 25-580-240   Initial response

9 VAC 25-580-250   Initial abatement measures and site check

9 VAC 25-580-260   Site characterization

9 VAC 25-580-270   Free product removal

9 VAC 25-580-280   Corrective action plan

9 VAC 25-580-300   Public participation

9 VAC 25-580-310   Temporary closure

Part VII: Out-of-Service UST Systems and Closure

9 VAC 25-580-320   Permanent closure and changes-in-service

9 VAC 25-580-330   Assessing the site at closure or change-in-service

9 VAC 25-580-340   Applicability to previously closed UST systems

9 VAC 25-580-350   Closure records

Part VIII: Delegation

9 VAC 25-580-360   Delegation of authority

Appendix I: Virginia Underground Storage Tank Notification Forms

Appendix II: Statement for Shipping tickets and Invoices

(2) Virginia Administrative Code, Title 9, Agency 25: State Water Control Board, Chapter 590: Petroleum Underground Storage Tank Financial Responsibility Requirements

9 VAC 25-590-10   Definitions

9 VAC 25-590-20   Applicability

9 VAC 25-590-30   Compliance dates

9 VAC 25-590-40   Amount and scope of financial responsibility requirement

9 VAC 25-590-50   Allowable mechanisms and combinations of mechanisms

9 VAC 25-590-60   Financial test of self-insurance

9 VAC 25-590-70   Guarantee

9 VAC 25-590-80   Insurance and group self-insurance pool coverage

9 VAC 25-590-90   Surety bond

9 VAC 25-590-100   Letter of credit

9 VAC 25-590-110   Trust fund

9 VAC 25-590-120   Standby trust fund

9 VAC 25-590-130   Substitution of financial assurance mechanisms by owner and operator

9 VAC 25-590-140   Cancellation or nonrenewal by a provider of financial assurance

9 VAC 25-590-150   Reporting by owner or operator

9 VAC 25-590-160   Recordkeeping

9 VAC 25-590-170   Drawing on financial assurance mechanism

9 VAC 25-590-180   Release from the requirements

9 VAC 25-590-190   Bankruptcy or other incapacity of owner, operator or provider of financial assurance

9 VAC 25-590-200   Replenishment of guarantees, letters of credit or surety bonds

9 VAC 25-590-210   Virginia Petroleum Storage Tank Fund

9 VAC 25-590-220   Notices to the State Water Control Board

9 VAC 25-590-230   Delegation of authority

9 VAC 25-590-240   Lender liability

9 VAC 25-590-250   Local government financial responsibility demonstration

9 VAC 25-590-260   Word or phrase substitutions

Appendix I: Letter from Chief Financial Officer

Appendix II: Guarantee

Appendix III: Endorsement

Appendix IV: Certificate of Insurance

Appendix V: Performance Bond

Appendix VI: Irrevocable Standby Letter of Credit

Appendix VII: Trust Agreement

Appendix VIII: Certification of Acknowledgment

Appendix IX: Certification of Financial Responsibility

Appendix X: Certification of Valid Claim

Appendix XI: Letter from Chief Financial Officer (short form)

West Virginia

(a) The statutory provisions include:

(1) Code of West Virginia, Article 17: Underground Storage Tanks

Section 22-17-1   Short title

Section 22-17-2   Declaration of policy and purpose

Section 22-17-3   Definitions

Section 22-17-4   Designation of division of environmental protection as the state underground storage tank program lead agency

Section 22-17-6   Promulgation of rules and standards by director, except §22-17-6.(b)(12) and (b)(13)

Section 22-17-8   Notification requirements

Section 22-17-9   Registration requirements; undertaking activities without registration

Section 22-17-10   Financial responsibility

Section 22-17-11   Performance standards for new underground storage tanks

Section 22-17-12   Confidentiality, except §22-17-12.(b)

Section 22-17-14   Corrective action for underground petroleum storage tanks

Section 22-17-22   Underground storage tank insurance fund

(b) The regulatory provisions include:

(1) West Virginia Code of State Regulations, Title 33: Office of Waste Management Rule, Series 30: Underground Storage Tanks

Section 33-30-1   General

Section 33-30-2   Adoption of Federal Regulations

Section 33-30-4   Notification Requirements, except §33-30-4.2.b and 4.4.b

[58 FR 58625, Nov. 2, 1993]

Editorial Note: For Federal Register citations affecting appendix A to part 282, see the List of CFR Sections Affected, which appears in the Finding Aids section of the printed volume and at www.govinfo.gov.

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