[Title 40 CFR 282]
[Code of Federal Regulations (annual edition) - July 1, 2002 Edition]
[Title 40 - PROTECTION OF ENVIRONMENT]
[Chapter I - ENVIRONMENTAL PROTECTION]
[Subchapter I - SOLID WASTES (CONTINUED)]
[Part 282 - APPROVED UNDERGROUND STORAGE TANK PROGRAMS]
[From the U.S. Government Printing Office]
40PROTECTION OF ENVIRONMENT232002-07-012002-07-01falseAPPROVED UNDERGROUND STORAGE TANK PROGRAMS282PART 282PROTECTION OF ENVIRONMENTENVIRONMENTAL PROTECTIONSOLID WASTES (CONTINUED)
PART 282--APPROVED UNDERGROUND STORAGE TANK PROGRAMS--Table of Contents
Subpart A--General Provisions
Sec.
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.
282.54-282.55 [Reserved]
282.56 --Connecticut State-Administered Program.
282.57-282.59 [Reserved]
282.60 Georgia State-Administered Program.
282.61-282.64 [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.
282.72-282.73 [Reserved]
282.74 Mississippi State-Administered Program.
282.75-282.77 [Reserved]
282.78 Nevada State-Administered Program.
282.79 New Hampshire.
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.
282.87-282.88 [Reserved]
282.89 Rhode Island State-Administered Program.
282.90 [Reserved]
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-Administrered Program.
282.96-282.101 [Reserved]
[[Page 543]]
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.
Subpart A--General Provisions
Sec. 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.''
Sec. 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 Office of the Federal Register, 800 North Capitol Street, NW.,
suite 700, Washington, DC. 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): JFK Federal Building, Boston, MA 02203-2211.
(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):
1445 Ross Avenue, Dallas, TX 75202-2733.
(7) Region 7 (Iowa, Kansas, Missouri, Nebraska): 726 Minnesota
Avenue, Kansas City, KS 66101.
(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.
Secs. 282.3-282.49 [Reserved]
Subpart B--Approved State Programs
Sec. 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
[[Page 544]]
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
[[Page 545]]
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]
Secs. 282.51-282.52 [Reserved]
Sec. 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) Sec. 8-1-107 Inspections--Definitions--Investigations--
Inspection Warrant--Exceptions--Penalties
(2) Arkansas Code Annotated, Title 8, Chapter 4, Subchapter 1--
General Provisions:
(i) Sec. 8-4-103 Criminal, Civil, and Administrative Penalties
(3) Arkansas Code Annotated, Title 8, Chapter 7, Subchapter 8--
Regulated Substance Storage Tanks:
(i) Sec. 8-7-802 Department and commission--powers and duties
(ii) Sec. 8-7-806 Penalties
(iii) Sec. 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
[[Page 546]]
(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) Sec. 8-7-802 Department's Powers and Duties (Insofar as it
applies to aboveground storage tanks.)
(ii) Sec. 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) Sec. 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
[[Page 547]]
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]
Secs. 282.54-282.55 [Reserved]
Sec. 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
[[Page 548]]
(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]
Secs. 282.57-282.59 [Reserved]
Sec. 282.60 Georgia State-Administered Program.
(a) 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 April 29, 1991 and
it was effective on July 9, 1991.
(b) Georgia 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, 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 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) Georgia has final approval for the following elements submitted
to EPA in Georgia's program application for final approval and approved
by EPA on April 29, 1991. Copies may be obtained from the Underground
Storage Tank Management Program, Georgia Environmental Protection
Division, 4244 International Parkway, Suite 100, Atlanta, GA 30354.
(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) Georgia Statutory Requirements Applicable to the Underground
Storage Tank Program, 1995.
(B) Georgia 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
[[Page 549]]
reference herein for enforcement purposes.
(A) The statutory provisions include the following sections of the
Georgia Underground Storage Tank Act:
12-13-5--Rules and regulations; enforcement powers,
12-13-8--Investigations,
12-13-14--Corrective action for violations of chapter, rules, etc., and
for release of regulated substance into environment,
12-13-15--Injunctions and restraining orders,
12-13-16--Hearings and review,
12-13-17--Judgement by superior court,
12-13-19--Violations; imposition of penalties,
12-13-20--Action in emergencies, and
12-13-22--Representation by Attorney General
(B) The regulatory provisions include the following sections of
Rules of Georgia Department of Natural Resources, Environmental
Protection Division, Underground Storage Tank Management:
391-3-15-.01(2)--Authority, and
391-3-15-.14--Enforcement
(2) Statement of legal authority. (i) ``Attorney General's
Certification of `No Less Stringent' Objectives And `Adequate
Enforcement' Authorities Implementing The Underground Storage Tank
Program'', signed by the Attorney General of Georgia on February 20,
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 February 20, 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.
(4) Program description. The program description and any other
material submitted as part of the original application in February 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 4 and the Georgia Department of Natural Resources, signed by the
EPA Regional Administrator on July 10, 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.
[61 FR 4225, Feb. 5, 1996]
Secs. 282.61-282.64 [Reserved]
Sec. 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.
[[Page 550]]
(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]
Sec. 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
[[Page 551]]
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.
[[Page 552]]
(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]
Sec. 282.67 [Reserved]
Sec. 282.68 Louisiana State-Administered Program.
(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
Sec. 2012 Enforcement Inspections
Sec. 2025 Enforcement
Sec. 2026 Citizen Suits
Sec. 2077 Remediation of Pollution
Sec. 2172 Policy and Purpose
Sec. 2275 Demand by Secretary; Remedial Action
(B) The regulatory provisions include:
(1) Louisiana Environmental Regulatory Code, Part XI: Underground
Storage Tanks, Chapter 15--Enforcement:
Sec. 1501 Inspection and Entry
Sec. 1503 Failure to Comply
Sec. 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.]
Sec. 1301 Applicability
Sec. 1303 Definitions
Sec. 1305 Categories of Certification and Requirements for Issuance and
Renewal of Certificates
Sec. 1307 Certification Examinations
[[Page 553]]
Sec. 1309 Approval of Continuing Training Courses
Sec. 1311 Denial of Issuance or Renewal of a Certificate or Revocation
of a Certificate
Sec. 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]
Sec. 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 of Environmental Protection, was approved by EPA
pursuant to 42 U.S.C. 6991c and part 281 of this chapter. EPA approved
the Maine program on February 18, 1992, and the approval was effective
on March 18, 1992.
(b) Maine has primary responsibility for enforcing its underground
storage tank program. However, EPA retains the authority to exercise its
inspection and enforcement authorities under sections 3007, 7003, 9005
and 9006 of RCRA, 42 U.S.C. 6927, 6973, 6991d and 6991e, as well as
under other 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
make 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 notice of any change will be published in the
Federal Register.
(d) Maine has final approval for the following elements submitted to
EPA in Maine's program application for final approval and approved by
EPA on February 18, 1992. Copies may be obtained from the Underground
Storage Tank Program, Maine Department of Environmental Protection, AMHI
Complex-Ray Building, Hospital Street, Augusta, ME 04333. 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) Maine Statutory Requirements Applicable to the Underground
Storage Tank Program, 1995.
(B) Maine 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
[[Page 554]]
reference herein for enforcement purposes.
(A) The statutory provisions include: Title 38 Maine Revised
Statutes Annotated, Sections 561 through 570.
(B) The regulatory provisions include: Maine Regulations for
Registration, Installation, Operation and Closure of Underground Oil
Storage Facilities Chapter 691 Section 1 through 13.
(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 38 Maine Statutes Annotated, Section 565, insofar as it
refers to registration requirements for tanks greater than 1,100 gallons
containing heating oil consumed on the premises where stored.
(B) Maine Environmental Protection Regulations Chapter 691, Section
6 regulations of heating oil facilities for consumption on premises,
Section 9 facilities for underground storage of heavy oils.
(2) Statement of legal authority. (i) ``Attorney General's Statement
for Final Approval'', signed by the Attorney General of Maine on
December 5, 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 Maine to EPA, 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 November 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 December 20,
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 I and the Maine Department of Environmental Protection, signed by
the EPA Regional Administrator on November, 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 6555, Feb. 21, 1996]
Sec. 282.70 [Reserved]
Sec. 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 of Public Safety (now called the
Massachusetts Department of Fire Services) and the Massachusetts
Department of Environmental Protection, was approved by EPA pursuant to
42 U.S.C. 6991c and 40 CFR Part 281 EPA approved the Massachusetts
program on March 3, 1995, which was effective on April 17, 1995.
(b) Massachusetts 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 RCRA, 42 U.S.C. 6991d and 6991e, as well as under other
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 make 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 notice of any change will
be published in the Federal Register.
[[Page 555]]
(d) Massachusetts has final approval for the following elements
submitted to EPA in Massachusetts' program application for final
approval and approved by EPA on March 3, 1995. Copies may be obtained
from the Underground Storage Tank Program, Massachusetts Department of
Environmental Protection, 1 Winter Street, Boston, MA 02108 or
Massachusetts Department of Fire Services, P.O. Box 1025, State Road,
Stowe, MA 01775. 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) Massachusetts Statutory Requirements Applicable to the
Underground Storage Tank Program at Massachusetts General Laws, Chapter
148, Section 13 Paragraph 3 and Sections 38, 38A-38C, and 38E;
Massachusetts General Laws, Chapter 21E, Sections 2, 3A(e) and 3(c), 4,
5, 6, 8.
(B) Massachusetts Regulatory Requirements Applicable to the
Underground Storage Tank Program at 527 CMR 9.00-9.02 and 9.05, 9.06(C),
(D) and (E), and 9.07(A)-(I) and 9.07((K)-(L); and those provisions of
310 CMR Sections 40.0000 subparts A-O only insofar as they pertain to
the regulation of underground storage tanks in Massachusetts and only
insofar as they 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.
(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: Massachusetts General Laws,
Chapter 148, Section 4; Sections 38D, 38F, 38I through 38H;
Massachusetts General Law, Chapter 21E, The Massachusetts Oil and
Hazardous Materials Release Prevention and Response Act, Amended 1992
Massachusetts General Laws, Sections 7, 9, and 11, and Chapter 21J,
Sections 2-4; and, Massachusetts General Law, Chapter 185, Section 3.
(B) The regulatory provisions include: Massachusetts Board of Fire
Prevention Rules, 527 CMR Sections 9.07(J); and, Massachusetts
Environmental Protection Rules, and those provisions of 310 CMR Sections
40.0000 Subparts A-O only insofar as they pertain to the regulation of
underground storage tanks in Massachusetts and are not incorporated by
reference and only insofar as they are not broader in scope than the
federal requirements.
(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) Massachusetts Board of Fire Prevention Rules, Sections 9.03
through 9.04 which pertain to aboveground tanks; 9.05A(4) insofar as it
refers to upgrade requirements for new or replacement underground tanks
for consumptive use on the premises; 9.06 (A) and (B) insofar as they
refer to aboveground tanks; and 9.07(J) insofar as it refers to
aboveground tanks, and those provisions of 310 CMR 40.0000 Subparts A-O
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.
(B) [Reserved]
(2) Statement of legal authority. (i) ``Attorney General's Statement
for Final Approval'', signed by the Attorney General of Massachusetts on
August 18, 1993, though not incorporated by reference, is 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 Massachusetts to EPA,
August 18, 1993, though not incorporated by reference, is 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 December 1991, though not
incorporated by reference, is part of the approved underground storage
tank program under subtitle I of RCRA, 42 U.S.C. 6991 et seq.
[[Page 556]]
(4) Program description. The Program Description (PD) and any other
material submitted as part of the original application in December 1991,
though not incorporated by reference, are 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 April 30, 1995, EPA and the
Massachusetts Department of Public Safety and the Massachusetts
Department of Environmental Protection Memorandum of Agreement (MOA),
though not incorporated by reference, is part of the approved
underground storage tank program under Subtitle I of RCRA, 42 U.S.C.
6991 et seq.
[61 FR 56136, Oct. 31, 1996]
Secs. 282.72-282.73 [Reserved]
Sec. 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
[[Page 557]]
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]
[[Page 558]]
Secs. 282.75-282.77 [Reserved]
Sec. 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
[[Page 559]]
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]
Sec. 282.79 New Hampshire.
(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 of Environmental Services, was approved
by EPA pursuant to 42 U.S.C. 6991c and part 281 of this Chapter. EPA's
approval was effective on July 19, 1991.
(b) New Hampshire has primary responsibility for enforcing its
underground storage tank program. However, EPA retains the authority to
exercise its enforcement authorities under sections 9005 and 9006 of
subtitle I of RCRA, 42 U.S.C. 6991d and 6991e, as well as under other
applicable statutory and regulatory provisions.
(c) To retain program approval, New Hampshire must revise its
approved program to adopt 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 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 section and notice of any change will
be published in the Federal Register.
(d) New Hampshire has final approval for the following elements
submitted to EPA in New Hampshire's program application for final
approval and approved by EPA on June 19, 1991, becoming effective on
July 19, 1991. Copies may be obtained from the Underground Storage Tank
Program, New Hampshire Department of Environmental Services, 6 Hazen
Drive, Concord, NH 03302-0095.
(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 Hampshire Statutory Requirements Applicable to the
Underground Storage Tank Program, 1993.
(B) New Hampshire Regulatory Requirements Applicable to the
Underground Storage Tank Program, 1993.
(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: New Hampshire Revised Statutes
Annotated (Supplement 1988) Sections 146-C:9a, 146-C:10, and 146-C:10a;
147 A:1 through 147-A:13; 541-A:1 through 541-A:10; 91-A:1 through 91-
A:8.
(B) The regulatory provisions include: New Hampshire Code of
Administrative Rules (1990) Part Env. C-602.08; Part He-P 1905.
(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: New Hampshire Revised Statutes
Annotated (Supplement 1988) Section 146-C:1.XII, insofar as it refers to
heating oil for consumptive use on the premises where stored.
(B) The regulatory provisions include: New Hampshire Code of
Administrative Rules (1990) Sections Env-Ws 411.01 and 411.02, insofar
as they refer to heating oil for consumptive use on the premises where
stored.
(2) Statement of legal authority. (i) ``Attorney General's Statement
for Final Approval'', signed by the Attorney General of New Hampshire on
November 1, 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 Hampshire to EPA,
November 1, 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.
[[Page 560]]
(3) Demonstration of procedures for adequate enforcement. The
``Demonstration of Procedures For Adequate Enforcement'' submitted as
part of the original application in December 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.
(4) Program description. The program description and any other
material submitted as part of the original application in December 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 I and the New Hampshire Department of Environmental Services,
signed by the EPA Regional Administrator on August 8, 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.
Sec. 282.80 [Reserved]
Sec. 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
[[Page 561]]
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.
Sec. 1000 Informal Review
Sec. 1001 Review By the Director on Written Memoranda
Sec. 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.
Sec. 101 Authority
Sec. 102 Scope of Rules; Applicability of Rules of Civil Procedure
Sec. 103 Definitions
Sec. 104 Use of Number and Gender
Sec. 105 Powers and Duties of the Director, Hearing Officer, and Hearing
Clerk
Sec. 106 Computation and Extension of Time
Sec. 107 Ex Parte Discussions
Sec. 108 Examination of Documents Filed
Sec. 109 Settlement; Consent Agreement
(ii) Part II: Document Requirements.
Sec. 201 Filing, Service, and Form of Documents
Sec. 202 Filing and Service of Documents Issued by Hearing Officer
Sec. 203 Compliance Order
Sec. 204 Request for Hearing; Answer to Compliance Order
Sec. 205 Notice of Docketing; Notice of Hearing Officer Assignment
Sec. 206 Motions
(iii) Part III: Prehearing Procedures and Discovery.
Sec. 301 General Rules Regarding Discovery
Sec. 302 Identity of Witnesses
Sec. 303 Production of Documents
Sec. 304 Request for Admissions
Sec. 305 Subpoenas
Sec. 306 Other Discovery
(iv) Part IV: Hearing Procedures.
Sec. 401 Scheduling the Hearing
Sec. 402 Evidence
Sec. 403 Objections and Offers of Proof
Sec. 404 Burden of Presentation; Burden of Persuasion
(v) Part V: Post-Hearing Procedures.
Sec. 501 Filing the Transcript
Sec. 502 Proposed Findings, Conclusions and Orders
Sec. 503 Recommended Decision
Sec. 504 Final Order by Director
Sec. 505 Judicial Review
(vi) Part VI: Miscellaneous Provisions.
Sec. 601 Liberal Construction
Sec. 602 Severability
Sec. 603 Supersession of Prior Rules
Sec. 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.
Sec. 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.]
Sec. 1400 Purpose
Sec. 1401 Legal Authority
Sec. 1402 Definitions
Sec. 1403 Applicability
Sec. 1404 General Requirements
Sec. 1405 Contractor Certification
Sec. 1406 Individual Certification
Sec. 1407 Experience Requirements
Sec. 1408 Written Examination
Sec. 1409 On-Site Examination
[[Page 562]]
Sec. 1410 Approval of Comparable Certification Programs
Sec. 1411 Denial of Certificates
Sec. 1412 Renewal of Certificates
Sec. 1413 Installer Duties and Obligations
Sec. 1414 Division Approval of Training and Continuing Education
Sec. 1415 Complaints
Sec. 1416 Investigations, Enforcement, Penalties
Sec. 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]
Sec. 282.82 [Reserved]
Sec. 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
[[Page 563]]
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
Sec. 143-215.6A Enforcement procedures: civil penalties
Sec. 143-215.6B Enforcement procedures: criminal penalties
Sec. 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
Sec. 143-215.79 Inspections and investigations; entry upon property
Sec. 143-215.88A Enforcement procedures: civil penalties
Sec. 143-215.88B Enforcement procedures: criminal penalties
Sec. 143-215.91A Limited liability for volunteers in oil and hazardous
substance abatement
Sec. 143-215.94 Joint and several liability
Sec. 143-215.94F Limited amnesty
Sec. 143-215.94G Authority of the Department to engage in cleanups;
actions for fund reimbursement (Insofar as (e) outlines enforcement
authorities.)
Sec. 143-215.94K Enforcement
Sec. 143-215.94W Enforcement procedures: civil penalties
Sec. 143-215.94Y Enforcement procedures: criminal penalties
Sec. 143-215.94Z Enforcement procedures: injunctive relief
(3) General Statutes of North Carolina, Chapter 143B--Executive
Organization Act of 1973
Sec. 143B-282 Environmental Management Commission--Creation; powers and
duties
Sec. 143B-282.1 Environmental Management Commission--quasi-judicial
powers; procedures
(4) General Statutes of North Carolina, Chapter 150B--Administrative
Procedure Act
Sec. 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
[[Page 564]]
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
Sec. 143-215.83 Discharges (Insofar as (c) addresses permit
requirements.)
Sec. 143-215.92 Lien on vessel (Insofar as it addresses vessels, which
are not regulated by the Federal program.)
Sec. 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.)
Sec. 143-215.94C Commercial leaking petroleum underground storage tank
cleanup fees (Insofar as it establishes annual operating fees.)
Sec. 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
Responsibility Requirements 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
[[Page 565]]
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]
Sec. 282.84 North Dakota State-Administered Program.
(a) 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 Health and Consolidated Laboratories,
was approved by EPA pursuant to 42 U.S.C. 6991c and part 281 of this
Chapter. EPA approved the North Dakota program on October 11, 1991 and
it was effective on December 10, 1991.
(b) North 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, 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) North Dakota has final approval for the following elements
submitted to EPA in North Dakota's program application for final
approval and approved by EPA on October 11, 1991. Copies may be obtained
from the Underground Storage Tank Program, North Dakota Department of
Health Consolidated Laboratories, 1200 Missouri Avenue, Bismarck, ND
58502-5520.
(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 Dakota Statutory Requirements Applicable to the
Underground Storage Tank Program, 1995.
(B) North Dakota 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: North Dakota Century Code
(NDCC), Chapter 23-20.3, Sections 23-20.3-06, 23-20.3-07 and 23-20.3-09.
(B) The regulatory provisions include: North Dakota Administrative
Code, Chapter 33-24-08, Sections 33-24-08-56, 33-24-08-57 and 33-24-08-
98.
(2) Statement of legal authority. (i) ``Attorney General's Statement
for Final Approval'', signed by the Attorney General of North Dakota on
February 28, 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 North Dakota to EPA,
February 28,
[[Page 566]]
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 April 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 April 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 VIII and the North Dakota Department of Health and Consolidated
Laboratories, signed by the EPA Regional Administrator on September 10,
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.
[60 FR 32470, June 22, 1995]
Sec. 282.85 [Reserved]
Sec. 282.86 Oklahoma State-Administered Program.
(a) 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 Commission, was approved by EPA pursuant to
42 U.S.C. 6991c and part 281 of this chapter. EPA approved the Oklahoma
program on August 12, 1992 and it was effective on October 14, 1992.
(b) Oklahoma 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, 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 submitted
to EPA in Oklahoma's program application for final approval and approved
by EPA on August 12, 1991. Copies may be obtained from the Underground
Storage Tank Program, Oklahoma Corporation Commission, Jim Thorpe
Building, Room 238, Oklahoma City, OK 73105.
(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) Oklahoma Statutory Requirements Applicable to the Underground
Storage Tank Program, 1995.
(B) Oklahoma 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) Oklahoma Statutes, Chapter 14: Oklahoma Underground Storage Tank
Regulation Act
Sec. 306 Corporation Commission--Powers and Duties
Sec. 310 Inspections and Investigations--Violations--Notice--Failure To
Take Corrective Action--Notice and Hearing--Orders--Service of
Instruments--Notice to Real Property Owner and Opportunity for Hearing
Sec. 312 Enforcement of Actions and Remedies--Action for Equitable
Relief--Jurisdiction--Relief
[[Page 567]]
(B) The regulatory provisions include:
(1) Oklahoma Annotated Code, Chapter 25: Underground Storage Tanks,
Subchapter 9: Inspections, Testing, and Monitoring
Part 1: Inspections
Part 5: Penalties
Part 7: Field Citations
Part 9: Shutdown of Operations
(2) Oklahoma Annotated Code, Chapter 27: Petroleum Storage Tank
Release Indemnity Program, Subchapter 9: Administrative Provisions
Sec. 165:27-9-1 Hearing, Orders, and Appeals
Sec. 165:27-9-2 Changes to Rules
Sec. 165:27-9-3 Notices
Sec. 165:27-9-4 Severability
(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) Oklahoma Statutes, Chapter 14: Oklahoma Underground Storage Tank
Regulation Act
Sec. 308 Permits--Necessity--Application--Issuance--Fees--Denial,
Refusal to Issue, Suspension or Revocation--Financial Responsibility
Coverage (Insofar as (B) applies to individuals other than UST system
owners and operators.)
Sec. 318 Program for Certification of Underground Storage Tank
Professionals--Meeting Training and Other Requirements for Federal Law
and Regulations and State Statutes (Insofar as it applies to individuals
other than UST owners and operators.)
(B) Oklahoma Annotated Code, Chapter 25: Underground Storage Tanks
(1) Subchapter 1: General Provisions
Part 9: Notification and Reporting Requirements (Insofar as 165:25-1-45
requires owners of exempt USTs to notify the Commission of the existence
of such systems.)
(2) Subchapter 3: Release Prevention, Detection, and Correction
Part 9: Installation of Underground Storage Tank Systems (Insofar as
165:25-3-48 applies to individuals other than UST owners and operators.)
Part 19: Certification for UST Consultants (Insofar as it applies to
individuals other than UST owners and operators.)
(2) Statement of legal authority. (i) ``Attorney General's Statement
for Final Approval'', signed by the Attorney General of Oklahoma on June
21, 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 Oklahoma to EPA, June 21,
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 June 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 June 25, 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 6 and the Oklahoma Corporation Commission, signed by the EPA
Regional Administrator on April 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.
[61 FR 1221, Jan. 18, 1996]
Secs. 282.87-282.88 [Reserved]
Sec. 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
[[Page 568]]
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
[[Page 569]]
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]
Sec. 282.90 [Reserved]
Sec. 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.
[[Page 570]]
(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]
Sec. 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
[[Page 571]]
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
[[Page 572]]
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]
Sec. 282.93 Texas State-Administered Program.
(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.
Sec. 26.013 Research, Investigations
Sec. 26.014 Power to Enter Property
Sec. 26.015 Power to Examine Records
Sec. 26.016 Enforcement Proceedings
Sec. 26.017 Cooperation
Sec. 26.019 Orders
Sec. 26.020 Hearing Powers
Sec. 26.021 Delegation of Hearing Powers
Sec. 26.022 Notice of Hearings; Continuance
Sec. 26.042 Monitoring and Reporting
Sec. 26.121 Unauthorized Discharges Prohibited
Sec. 26.122 Civil Penalty
Sec. 26.123 Enforcement by Commission
Sec. 26.124 Enforcement by Others
Sec. 26.125 Venue and Procedure
Sec. 26.126 Disposition of Civil Penalties
Sec. 26.136 Administrative Penalty
Sec. 26.212 Criminal Offense
Sec. 26.213 Criminal Penalty
Sec. 26.268 Penalties
Sec. 26.353 Commission Orders
Sec. 26.354 Emergency Orders
Sec. 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
Sec. 334.11 Enforcement
Sec. 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.
[[Page 573]]
(i) Subchapter A: Enforcement Generally.
Sec. 337.1 Enforcement Orders
Sec. 337.2 Hearings on Violations
Sec. 337.3 Legal Proceedings
Sec. 337.4 Complaint File
Sec. 337.5 Confidentiality of Enforcement Information
Sec. 337.6 Force Majeure
(ii) Subchapter B: Enforcement Hearings.
Sec. 337.31 Purpose
Sec. 337.32 Remedies
Sec. 337.33 Definitions
Sec. 337.34 Substantial Noncompliance and Emergency Conditions
Sec. 337.35 Emergencies
Sec. 337.36 Preliminary Enforcement Report
Sec. 337.37 Notice
Sec. 337.38 Answer
Sec. 337.39 Commission Action
Sec. 337.40 Appeals of Administrative Penalties
(iii) Subchapter C: Water Rights Enforcement.
Sec. 337.51 Show-Cause Enforcement Procedures
Sec. 337.52 Notice
Sec. 337.53 Enforcement of Commission Orders
Sec. 337.54 Enforcement
(3) 31 Texas Administrative Code, Chapter 265--Procedures Before
Public Hearing.
Sec. 265.1 Initial Pleadings
Sec. 265.2 Executive Director Forwards Initial Pleadings to the
Commission
Sec. 265.3 Acceptance for Filing
Sec. 265.4 Affidavit of Publication
Sec. 265.5 Effect of Failure to Furnish Affidavit
Sec. 265.6 Conference Before Hearing
Sec. 265.7 Recordation of Conference Action
Sec. 265.8 Prefiled Testimony and Exhibits
Sec. 265.9 Written Protest
Sec. 265.10 Discovery
Sec. 265.11 Forms of Discovery
Sec. 265.12 Scope of Discovery
Sec. 265.13 Exceptions
Sec. 265.14 Protective Orders
Sec. 265.15 Duty to Supplement
Sec. 265.16 Discovery of Documents and Things
Sec. 265.17 Interrogatories to Parties
Sec. 265.18 Admission of Facts and Genuineness of Document
Sec. 265.19 Requests for Requests for Information
Sec. 265.20 Sanctions for Failure to Comply with Discovery Ruling
(4) 31 Texas Administrative Code, Chapter 267--Procedures During
Public Hearing.
Sec. 267.1 Designation of Parties
Sec. 267.2 Statutory Parties
Sec. 267.3 Rights of Parties at the Hearing
Sec. 267.4 Persons Not Parties
Sec. 267.5 Effect of Postponement
Sec. 267.6 Furnishing Copies of Pleadings
Sec. 267.7 Conference During Hearing
Sec. 267.8 Recordation of Hearing Conference Action
Sec. 267.9 Agreements to be in Writing
Sec. 267.10 Rulings in Commission Evidentiary Hearings
Sec. 267.11 Order of Presentation
Sec. 267.12 Alignment of Participants
Sec. 267.13 General Admissibility of Evidence
Sec. 267.14 Objections
Sec. 267.15 Interlocutory Appeals
Sec. 267.16 Cross-Examination of Witnesses
Sec. 267.17 Stipulation
Sec. 267.18 Exhibits
Sec. 267.19 Copies of Exhibits
Sec. 267.20 Abstracts of Documents
Sec. 267.21 Excluding Exhibits
Sec. 267.22 Official Notice
Sec. 267.23 Parties to be Informed of Material Officially Noticed
Sec. 267.24 Continuance
Sec. 267.25 Oral Argument
Sec. 267.26 Submittal of Findings of Fact and Conclusions of Law
(5) 31 Texas Administrative Code, Chapter 273--Procedures After
Final Decision.
Sec. 273.1 Motion for Rehearing
Sec. 273.2 Reply to Motion for Rehearing
Sec. 273.3 Granting of Motion for Rehearing
Sec. 273.4 Modification of Time Limits
Sec. 273.5 Decision Final and Appealable
Sec. 273.6 Appeal
Sec. 273.7 The Record
Sec. 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.
Sec. 26.341 Purpose (Insofar as it applies to aboveground storage
tanks.)
Sec. 26.342 Definitions (Insofar as (10) and (12) apply to aboveground
storage tanks.)
Sec. 26.344 Exemptions (Insofar as (a), (d), and (f) apply to
aboveground storage tanks.)
Sec. 26.3441 Aboveground Storage Tanks (Insofar as it applies to
aboveground storage tanks.)
Sec. 26.345 Administrative Provisions (Insofar as (a) and (e) apply to
aboveground storage tanks.)
[[Page 574]]
Sec. 26.346 Registration Requirements (Insofar as (a) applies to
aboveground storage tanks.)
Sec. 26.349 Reporting of Releases and Corrective Action (Insofar as (a)
applies to aboveground storage tanks.)
Sec. 26.351 Corrective Action (Insofar as it applies to aboveground
storage tanks.)
Sec. 26.3511 Corrective Action by the Commission (Insofar as it applies
to aboveground storage tanks.)
Sec. 26.3514 Limits on Liability of Lender (Insofar as it applies to
aboveground storage tanks.)
Sec. 26.3515 Limits on Liability of Corporate Fiduciary (Insofar as it
applies to aboveground storage tanks.)
Sec. 26.355 Recovery of Costs (Insofar as it applies to aboveground
storage tanks.)
Sec. 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 Sec. 334.1(a)(1), (c), and (d)(2) apply to
aboveground storage tanks.
(ii) Insofar as Sec. 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 Sec. 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 Sec. 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 Sec. 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 Sec. 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)
Sec. 334.121 Purpose and Applicability
Sec. 334.122 Definitions
Sec. 334.123 Statutory Exemptions
Sec. 334.124 Commission Exclusions
Sec. 334.125 General Prohibitions and Requirements
Sec. 334.126 Installation Notification
Sec. 334.127 Registration
Sec. 334.128 Annual Facility Fees
Sec. 334.129 Release Reporting and Corrective Action
Sec. 334.130 Reporting and Recordkeeping
Sec. 334.131 Enforcement
Sec. 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)
Sec. 334.401 Certificate of Registration for UST Contractor
Sec. 334.402 Application for Certificate of Registration
Sec. 334.403 Issuance of Certificate of Registration
Sec. 334.404 Renewal of Certificate of Registration
Sec. 334.405 Denial of Certificate of Registration
Sec. 334.406 Fee Assessments for Certificate of Registration
Sec. 334.407 Other Requirements
Sec. 334.408 Exception to Registration Requirements
Sec. 334.409 Revocation, Suspension or Reinstatement of Certification of
Registration and License
Sec. 334.410 Notice of Hearings
Sec. 334.411 Type of Hearing
Sec. 334.412 Subchapter I Definitions
Sec. 334.413 License for Installers and On-Site Supervisors
Sec. 334.414 License for Installers and On-Site Supervisors
Sec. 334.415 License A and License B
Sec. 334.416 Requirements for Issuance of License A and License B
Sec. 334.417 Application for License A and License B
Sec. 334.418 Notification of Examination
Sec. 334.419 License A and License B Examination
Sec. 334.420 Issuance of License A or License B
Sec. 334.421 Renewal of License
Sec. 334.422 Denial of License A or License B
Sec. 334.423 Fees Assessments for License A and License B
Sec. 334.424 Other Requirements for a License A and License B
Sec. 334.425 Exceptions to License A and License B Requirements
Sec. 334.426 Revocation, Suspension, or Reinstatement of a License A and
License B
Sec. 334.427 Notice of Hearings
Sec. 334.428 Type of Hearing
[[Page 575]]
(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)
Sec. 334.451 Applicability of Subchapter J
Sec. 334.452 Exemptions from Subchapter J
Sec. 334.453 General Requirements and Prohibitions
Sec. 334.454 Exception for Emergency Abatement Actions
Sec. 334.455 Notice to Owner or Operator
Sec. 334.456 Application for Certificate of Registration for Corrective
Action Specialist
Sec. 334.457 Application for Certificate of Registration for Corrective
Action Project Manager
Sec. 334.458 Review and Issuance of Certificates of Registration
Sec. 334.459 Continuing Education Requirements for Corrective Action
Project Managers
Sec. 334.460 Renewal of Certificate of Registration for Corrective
Action Specialist and Corrective Action Project Manager
Sec. 334.461 Denial of Certificate of Registration
Sec. 334.462 Other Requirements
Sec. 334.463 Grounds for Revocation or Suspension of Certificate of
Registration
Sec. 334.465 Procedures for Revocation or Suspension of Certificate of
Registration
Sec. 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]
Sec. 282.94 Utah State-Administered Program.
(a) 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, was approved by EPA
pursuant to 42 U.S.C. 6991c and part 281 of this Chapter. EPA approved
the Utah program on March 8, 1995 and it was effective on April 7, 1995.
(b) Utah 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, 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.
[[Page 576]]
(d) Utah has final approval for the following elements submitted to
EPA in Utah's program application for final approval and approved by EPA
on March 8, 1995. Copies may be obtained from the Underground Storage
Tank Branch, Utah Department of Environmental Quality, 168 North 1950
West, 1st Floor, Salt Lake City, Utah 84116.
(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) Utah Statutory Requirements Applicable to the Underground
Storage Tank Program, 1995.
(B) Utah 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: Utah Code Unannotated (1994),
Title 19, Chapter 6, Sections 19-6-112; 19-6-113; 19-6-115; 19-6-402(8),
(11), and (23); 19-6-404(2)(f), (j), and (m); 19-6-405.5; 19-6-407(2)
and (3); 19-6-410(3) as it pertains to penalties, (4)(b), and (5); 19-6-
416; 19-6-418; 19-6-420(2), (4)(a), (5)(b), and (9)(b); 19-6-424.5; 19-
6-425; 19-6-426(5) and (6); and 19-6-427.
(B) The regulatory provisions include: Administrative Rules of the
State of Utah, Utah Administrative Code (1993), Sections R311-208-1;
R311-208-2; R311-208-3; R311-208-4; R311-208-5; and R311-208-6.
(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: Utah Code Unannotated (1994),
Title 19, Chapter 6, Sections 19-6-402 (3), (4), (9), (14), (15), (20),
and (26); 19-6-403(1)(a) (i) and (iv); 19-6-404(2)(c); 19-6-405.5; 19-6-
408; 19-6-409; 19-6-410; 19-6-411; 19-6-412; 19-6-414; 19-6-415; 19-6-
416; 19-6-417; 19-6-419; 19-6-420 (1), (3)(a), (3)(b), (5)(c), and (6);
19-6-421; 19-6-422; 19-6-423; 19-6-424; and 19-6-426 (1) through (4) and
(7).
(B) The regulatory provisions include: Administrative Rules of the
State of Utah, Utah Administrative Code (1993), Sections R311-200-1 (2),
(5), (8), (10), (13), (20), (29), (42) through (49), (53), and (54);
R311-201-2; R311-201-1; R311-201-3; R311-201-4; R311-201-5; R311-201-6;
R311-201-7; R311-201-8; R311-201-9; R311-201-10; R311-201-11; R311-203-
2; R311-206-2 (b) and (c); R311-206-4; R311-206-5 (b), (c), (d), and the
words ``compliance or'' in (a); R311-206-6; R311-207-1; R311-207-2;
R311-207-3; R311-207-4; R311-207-5; R311-207-6; R311-207-7; R311-207-8;
R311-207-9; R311-209-1; R311-209-2; R311-209-3; and R311-209-4.
(2) Statement of legal authority. (i) ``Attorney General's Statement
for Final Approval'', signed by the Attorney General of Utah on April
18, 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 Utah to EPA, April 18,
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 complete 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 VIII and the Utah Department of Environmental Quality, signed by
the EPA Regional Administrator on March 1, 1995, though not incorporated
by reference, is referenced as part of the approved underground storage
tank
[[Page 577]]
program under subtitle I of RCRA, 42 U.S.C. 6991 et seq.
[60 FR 52344, Oct. 6, 1995]
Sec. 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
[[Page 578]]
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]
Secs. 282.96-282.101 [Reserved]
Sec. 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.) Sec. 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.]
[[Page 579]]
(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.
Sec. 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.) Secs. 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
[[Page 580]]
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]
Secs. 282.103-282.105 [Reserved]
Appendix A to Part 282--State Requirements Incorporated by Reference in
Part 282 of the Code of Federal Regulations
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.
[[Page 581]]
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
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.
[[Page 582]]
(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 the Georgia Underground Storage
Tank Act (GUSTA) (O.C.G.A. Section 12-13-1, et seq.):
Section 12-13-2--Public policy.
Section 12-13-3--Definitions.
Section 12-13-4--Exceptions to chapter.
Section 12-13-5--Rules and regulations; enforcement powers.
[[Page 583]]
Section 12-13-6--Powers and duties of director.
Section 12-13-7--Performance standards applicable until rules and
regulations effective.
Section 12-13-8--Investigations.
Section 12-13-9--Establishing financial responsibility; claims
against guarantor; Underground storage Trust Fund.
Section 12-13-10--Environmental assurance fees.
Section 12-13-11--Corrective action for release of petroleum product
into environment.
Section 12-13-12--Recovery in event of discharge or threat of
discharge of regulated substance.
Section 12-13-13--Notice by owner of underground storage tank.
Section 12-13-14--Corrective action for violations of chapter,
rules, etc., and for release of regulated substance into environment.
Section 12-13-15--Injunctions and restraining orders.
Section 12-13-16--Hearings and review.
Section 12-13-17--Judgement by superior court.
Section 12-13-18--Required compliance with chapter; proof that
petroleum subjected to environmental fee.
Section 12-13-19--Violations; imposition of penalties.
Section 12-13-20--Action in emergencies.
Section 12-13-21--Public access to records.
Section 12-13-22--Representation by Attorney General.
(b) The regulatory provisions include the Rules of Georgia
Department of Natural Resources, Environmental Protection Division,
Underground Storage Tank Management:
Section 391-3-15-.01--General provisions. Amended.
Section 391-3-15-.02--Definitions, UST Exclusions, and UST
Deferrals. Amended.
Section 391-3-15-.03--Confidentiality of Information. Amended.
Section 391-3-15-.04--Interim Prohibition for Deferred UST Systems.
Amended.
Section 391-3-15-.05--UST Systems: Design, Construction,
Installation and Notification. Amended.
Section 391-3-15-.06--General Operating Requirements. Amended.
Section 391-3-15-.07--Release Detection. Amended.
Section 391-3-15-.08--Release Reporting, Investigation, and
Confirmation. Amended.
Section 391-3-15-.09--Release Response and Corrective Action for UST
Systems Containing Petroleum. Amended.
Section 391-3-15-.10--Release Response and Corrective Action for UST
Systems Containing Hazardous Substances. Amended.
Section 391-3-15-.11--Out-of-Service UST Systems and Closure.
Amended.
Section 391-3-15-.12--UST Systems Containing Petroleum; Financial
Responsibility Requirements. Amended.
Section 391-3-15-.13--Georgia Underground Storage Tank (GUST) Trust
Fund. Amended.
Section 391-3-15-.14--Enforcement.
Section 391-3-15-.15--Variances.
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
[[Page 584]]
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
[[Page 585]]
(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
The following is an informational listing of the state requirements
incorporated by reference in part 282 of the Code of Federal
Regulations:
(a) The statutory provisions include: Maine Revised Statutes
Annotated, 1990, Tile 38. Subchapter 11-B Underground Oil Storage
Facilities and Groundwater Protection.
Section 561--Findings; Purpose
Section 562-A--Definitions
Section 563--Registration of underground oil storage tanks
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
Section 566-A--Abandonment of underground oil storage facilities and
tanks
Section 567--Certification of underground tank installers
Section 568--Cleanup and removal of prohibited discharges
Section 568-A--Fund coverage requirements
Section 568-B--Fund Insurance Review Board
Section 569-A--Ground water Oil Clean-up Fund
Section 570--Liability
(b) The regulatory provisions include State of Maine, Department of
Environmental Protection, Regulation for Registration, Installation,
Operation and Closure of Underground Storage Facilities Chapter 691,
September 16, 1991:
Section 1. Legal Authority
Section 2. Preamble
Section 3. Definitions
Section 4. Registration of Underground Oil Storage Tanks
Section 5. Regulation of Motor Fuel, Marketing & Distribution
Facilities
A. Applicability
[[Page 586]]
B. Design and Installation Standards for New and Replacement Facilities
C. Retrofitting Requirements for Existing Facilities
D. Monitoring, Maintenance, & Operating Procedures for Existing, New &
Replacement Facilities & Tanks
E. Facility Closure and Abandonment
Section 7. Regulation of Facilities for the Underground Storage of
Waste Oil
A. Applicability
B. Design and Installation Standards
C. Operation, Maintenance, Testing, Requirements for Existing, New and
Replacement Facilities
D. Closure & Abandonment of Waste Oil Facilities
Section 8. Regulation of Field Constructed Underground Oil Storage
Tanks
Section 10. Regulation of Pressurized Airport Hydrant Piping Systems
Section 11. Regulations for Closure of Underground Oil Storage
Facilities
A. Facility Closure Requirements
B. Temporarily Out of Service Facilities and Tanks
C. Abandonment by Removal
D. Abandonment by Filling in Place
E. Notification Requirements
Section 12. Discharge and Leak Investigation, Response and
Corrective Action Requirements
Section 13. Severability
Appendix A: Cathodic Protection Monitoring
Appendix B: Hydrostatic Piping Line Tightness Tests
Appendix C: Requirements for Pneumatic Testing
Appendix D: Installation of Underground Tanks
Appendix E: Installation for Underground Piping
Appendix F: Specification for Ground Water Vertical Monitoring Wells
Appendix H: Monitoring and Obtaining Samples for Laboratory Analysis
Appendix J: Requirements for Abandonment by Removal
Appendix K: Requirements for Abandonment in Place
Massachusetts
(a) The statutory provisions include: General Laws of Massachusetts,
Chapter 148, Section 38, 38A, B, C, and E:
Chapter 148
Section 38--Rules and Regulations
Section 38A--Prohibition of Removal of Certain Gasoline Tanks without
Permit
Section 38B--Underground Storage Tanks; Definitions
Section 38C--Notification of Department of Public Health by Owners of
Underground Storage Tanks
Section 38E--Regulations Governing Underground Storage Tanks
Massachusetts General Law, Chapter 21E, The Massachusetts Oil and
Hazardous Materials Release Prevention and Response Act, July 1, 1992.
Section 1--Title of Chapter
Section 2--Definitions
Section 3--Securing of benefits of FWPCA, CERCLA, etc. Massachusetts
Contingency Plan; promulgation of necessary regulations
Section 4--Response actions to release or threatened release of oil or
hazardous material; assessment, containment, and removal
actions in accordance with Massachusetts contingency plan
Section 5--Liability of release or threat of release of oil or hazardous
material; apportionment of costs; treble damages;
nullification of indemnification, hold harmless, or similar
agreements
Section 6--Prevention of control of release of hazardous materials;
regulations of department; contingency plans; monitoring
equipment
Section 7--Notice of requirements; release or threat of release of oil
or hazardous material; exceptions
(b) The regulatory provisions include: State of Massachusetts, Board
of Fire Prevention Regulations, 527 CMR 9.00-9.02 and 9.05, 9.06(C)-(E),
and 9.07(A)-(I) and (K)-(L) (effective July 3, 1993); and Massachusetts
Environmental Protection Rules, 310 CMR 40.0000 Subparts A-O insofar as
they pertain to underground storage tanks and are not broader in scope
than the federal requirements, as set forth below:
(1) State of Massachusetts, Board of Fire Prevention Regulations,
527 CMR 9.00: Tanks and Containers, (effective July 3, 1993):
Section 9.01--Purpose and Scope
Section 9.02--Definitions
Section 9.05--Underground Storage Tanks
Section 9.05(A)(1)-(3) and (5)-(8)--Design and Construction of New or
Replacement Underground Tanks
Section 9.05(B)--Underground Piping
Section 9.05(C)--Underground Tank Installation
Section 9.05(D)--Leak Detection Equipment, Testing and/or Inventory
Requirements for Underground Tanks
Section 9.05(E)--Inventory Methods for Underground Tanks
Section 9.05(F)--Testing for Tightness of Underground Storage Facilities
Section 9.05(G)--Upgrading of Existing Underground Storage Tank Systems
Section 9.06(C)--Upgrade of Existing Underground Waste Oil Storage Tank
Systems
Section 9.06(D)--Product Transfer
Section 9.06(E)--Non-Flammable Hazardous Substances
[[Page 587]]
Section 9.07--General Provisions
Section 9.07(A)--Material and Construction of All Tanks and Containers
Section 9.07(B)--Fill and Vent Pipes for All Tanks and Containers
Section 9.07(C)--Piping for All Tanks
Section 9.07(D)--Pumping System
Section 9.07(E)--Pressure Vessels
Section 9.07(F)--Response to Leaks
Section 9.07(G)--Tank Repair and Relining
Section 9.07(H)--Tanks Abandoned and Temporarily Out of Service
Section 9.07(I)--Tank Removal
Section 9.07(K)--Permits
Section 9.07(L)--Financial Responsibility Requirements
(2) Massachusetts Environmental Protection Rules, 310 CMR, Section
40.000, Massachusetts Contingency Plan, (effective October 1, 1993) 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
Subpart B--Organization and Responsibility
Subpart C--Notification of Releases and Threats of Release of Oil and
Hazardous Material; Identification and Listing of Oil and
Hazardous Materials
Subpart D--Preliminary Response Action and Risk Reduction Measures
Subpart E--Tier Classification and Response Action Deadlines
Subpart F--Transition Provisions
Subpart G--Tier I Permits
Subpart H--Comprehensive Response Action
Subpart I--Risk Characterization
Subpart J--Response Action Outcomes
Subpart K--Audits and Compliance Assistance
Subpart L--Cost Recovery, Lien Hearings and Petitions for Reimbursement
of Incurred Costs
Subpart M--Administrative Record
Subpart N--Public Involvement and Technical Grants
Subpart O--Numerical Ranking System and Scoring Instructions
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
[[Page 588]]
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
Nevada
(a) The statutory provisions include:
(1) Nevada Revised Statute Chapter 459, Underground Storage Tank
Program (1992), Nevada Revised Statue 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 Statue 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.
[[Page 589]]
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 New Hampshire Revised Statutes
Annotated 1955, 1990 Replacement Edition, and 1992 Cumulative
Supplement, Chapter 146-C, Underground Storage Facilities:
Section 146-C:1 Definitions, except for the following words in 146-
C:1. XII, ``heating or.''
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:5 Records Required; Inspections.
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:9 Rulemaking.
Section 146-C:11 Liability for Cleanup Costs; Municipal Regulations.
Section 146-C:12 Federal Assistance and Private Funds.
(b) The regulatory provisions include:
(1) New Hampshire Code of Administrative Rules (November 1990) Part
Env-Ws 411, Control of Underground Storage Facilities:
Section 411.01 Purpose, except for the following words, ``heating
oils.''
Section 411.02 Applicability, except for 411.02(d).
Section 411.03 Definitions.
Section 411.04 Registration.
Section 411.05 Change in Use.
Section 411.06 Information Required for Registration.
Section 411.07 Permit to Operate.
Section 411.08 Transfer of Facility Ownership.
Section 411.10 Financial Responsibility.
Section 411.11 Inventory Monitoring.
Section 411.12 Regulated Substance Transfers.
Section 411.13 Tightness Testing.
Section 411.14 Certification of Technicians Performing Tightness
Tests.
Section 411.15 Tightness Test Failures.
Section 411.16 Unusual Operating Conditions.
Section 411.17 Temporary Closure.
Section 411.18 Permanent Closure.
Section 411.19 Prohibition Against Reusing Tanks.
Section 411.20 Requirements for Approval of Underground Storage
Systems.
Section 411.21 Tank Standards for New Underground Storage Systems.
Section 411.22 Piping Standards for New Underground Storage Systems.
Section 411.23 Secondary Containment for New Tanks.
Section 411.24 Secondary Containment for New Pressurized Piping.
Section 411.25 Spill Containment and Overfill Protection.
Section 411.26 Leak Monitoring for New Tanks.
Section 411.27 Leak Monitoring for New Underground Piping Systems.
[[Page 590]]
Section 411.28 Installation of New Underground Storage Systems.
Section 411.29 Release Detection for Tanks Without Secondary
Containment and Leak Monitoring, except for the following words in
411.29(a), ``With the exception of on premise use heating oil systems.''
Section 411.30 Release Detection for Piping.
Section 411.31 Operation of Leak Monitoring Equipment.
Section 411.32 Corrosion Protection for Steel Tanks.
Section 411.33 Corrosion Protection for Piping.
Section 411.34 Submission of Corrosion Protection Plan.
Section 411.35 Relining Steel Tanks.
Section 411.36 Repair of Fiberglass-Reinforced Plastic Tanks.
Section 411.37 Repair and Replacement of Piping Systems.
Section 411.38 Field Fabricated Tanks.
Section 411.39 Secondary Containment for Hazardous Substance
Systems.
Section 411.40 Waivers.
(2) New Hampshire Code of Administrative Rules (November 1990) Part
Env-Ws 412, Reporting and Remediation of Oil Discharges:
Section 412.01 Purpose.
Section 412.02 Applicability.
Section 412.03 Definitions.
Section 412.04 Notification.
Section 412.05 Initial Response Action.
Section 412.06 Abatement Measures.
Section 412.07 Free Product Removal.
Section 412.08 Initial Site Characterization.
Section 412.09 Investigation Due to Discovery of Discharges from
Unknown Sources.
Section 412.10 Site Investigation.
Section 412.11 Site Investigation Report.
Section 412.12 Remedial Action Plan.
Section 412.13 Public Notification.
Section 412.14 Waivers.
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:
[[Page 591]]
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
[[Page 592]]
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
Sec. 143-215.75 Title
Sec. 143-215.76 Purpose
Sec. 143-215.77 Definitions
Sec. 143-215.77A Designation of hazardous substances and determination
of quantities which may be harmful
Sec. 143-215.78 Oil pollution control program
Sec. 143-215.80 Confidential information
Sec. 143-215.81 Authority supplemental
Sec. 143-215.82 Local ordinances
Sec. 143-215.83 Discharges (Except insofar as (c) addresses permit
requirements.)
Sec. 143-215.84 Removal of prohibited discharges
Sec. 143-215.85 Required notice
Sec. 143-215.86 Other State agencies and State-designated local agencies
[[Page 593]]
Sec. 143-215.87 Oil or Other Hazardous Substances Pollution Protection
Fund
Sec. 143-215.88 Payment to State agencies or State-designated local
agencies
Sec. 143-215.89 Multiple liability for necessary expenses
Sec. 143-215.90 Liability for damage to public resources
Sec. 143-215.93 Liability for damage caused
Sec. 143-215.93A Limitation on liability of persons engaged in removal
of oil discharges
Sec. 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.)
Sec. 143-215.94B Commercial Leaking Petroleum Underground Storage Tank
Cleanup Fund
Sec. 143-215.94D Noncommercial Leaking Petroleum Underground Storage
Tank Cleanup Fund
Sec. 143-215.94E Rights and obligations of the owner and operator
Sec. 143-215.94G Authority of the Department to engage in cleanups;
actions for fund reimbursement (Except insofar as (e) outlines
enforcement authorities.)
Sec. 143-215.94H Financial responsibility
Sec. 143-215.94I Insurance pools authorized; requirements
Sec. 143-215.94J Limitation of liability of the State of North Carolina
Sec. 143-215.94L Adoption of rules; administrative procedure; short
title; miscellaneous provisions
Sec. 143-215.94M Reports
Sec. 143-215.94N Applicability
Sec. 143-215.94O Petroleum Underground Storage Tank Funds Council
Sec. 143-215.94P Groundwater Protection Loan Fund
Sec. 143-215.94T Adoption and implementation of regulatory program
Sec. 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
[[Page 594]]
.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
[[Page 595]]
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 statutory provisions include: North Dakota Century Code
(NDCC), Chapter 23-20.3, Hazardous Waste Management Act:
Section 23-20.3-01 Declaration of Purpose.
Section 23-20.3-02 Definitions.
Section 23-20.3-03 Powers and Duties of the Department.
Section 23-20.3-04 Hazardous Waste Regulations.
Section 23-20.3-04.1 Underground Storage Tank Regulations.
Section 23-20.3-05 Permits.
Section 23-20.3-05.1 Fees--Deposit in Operating Fund.
Section 23-20.3-05.2 Commercial Facility Permits and Ordinances.
Section 23-20.3-08 Imminent Hazard.
Section 23-20.3-10 Applicability.
(b) The regulatory provisions include: North Dakota Administrative
Code (NDAC), Chapter 33-24-08, Technical Standards and Corrective Action
Requirements for Owners and Operators of Underground Storage Tanks,
Amended April 1992:
Section 33-24-08-01 Applicability.
Section 33-24-08-02 Interim Prohibition for Deferred Underground
Storage Tank Systems.
Section 33-24-08-03 Definitions (Technical Standards and Corrective
Action).
Section 33-24-08-10 Performance Standards for New Underground
Storage Tank Systems.
Section 33-24-08-11 Upgrading of Existing Underground Storage Tank
Systems.
Section 33-24-08-12 Notification Requirements.
Section 33-24-08-20 Spill and Overfill Control.
Section 33-24-08-21 Operation and Maintenance of Corrosion
Protection.
Section 33-24-08-22 Compatibility.
Section 33-24-08-23 Repairs Allowed.
Section 33-24-08-24 Reporting and Recordkeeping.
Section 33-24-08-30 General Release Detection Requirements for All
Underground Storage Tank Systems.
Section 33-24-08-31 Release Detection Requirements for Petroleum
Underground Storage Tank Systems.
Section 33-24-08-32 Release Detection Requirements for Hazardous
Substance Underground Storage Tank Systems.
Section 33-24-08-33 Methods of Release Detection for Tanks.
Section 33-24-08-34 Methods of Release Detection for Piping.
Section 33-24-08-35 Release Detection Recordkeeping.
Section 33-24-08-40 Reporting of Suspected Releases.
Section 33-24-08-41 Investigation Due to Offsite Impacts.
Section 33-24-08-42 Release Investigation and Confirmation Steps.
Section 33-24-08-43 Reporting and Cleanup of Spills and Overfills.
Section 33-24-08-50 General Release Response and Corrective Action
for Underground Storage Tank Systems Containing Petroleum or Hazardous
Substances.
Section 33-24-08-51 Initial Response.
Section 33-24-08-52 Initial Abatement Measures and Site Check.
Section 33-24-08-53 Initial Site Characterization.
Section 33-24-08-54 Free Product Removal.
Section 33-24-08-55 Investigations for Soil and Ground Water
Cleanup.
Section 33-24-08-60 Temporary Closure.
Section 33-24-08-61 Permanent Closure and Changes in Service.
Section 33-24-08-62 Assessing the Site at Closure or Change in
Service.
Section 33-24-08-63 Applicability to Previously Closed Underground
Storage Tank Systems.
Section 33-24-08-64 Closure Records.
Section 33-24-08-80 Applicability (financial responsibility).
Section 33-24-08-81 Financial Responsibility Compliance Dates.
Section 33-24-08-82 Definitions (financial responsibility).
Section 33-24-08-83 Amount and Scope of Required Financial
Responsibility.
Section 33-24-08-84 Allowable Mechanisms and Combinations of
Mechanisms.
Section 33-24-08-85 Financial Test of Self-Insurance.
Section 33-24-08-86 Guarantee.
Section 33-24-08-87 Insurance and Risk Retention Group Coverage.
Section 33-24-08-88 Surety Bond.
Section 33-24-08-89 Letter of Credit.
Section 33-24-08-92 Trust Fund.
Section 33-24-08-93 Standby Trust Fund.
Section 33-24-08-94 Substitution of Financial Assurance mechanisms
by Owner or Operator.
Section 33-24-08-95 Cancellation or Nonrenewal by Provider of
Financial Assurance.
Section 33-24-08-96 Reporting by Owner or Operator.
[[Page 596]]
Section 33-24-08-97 Recordkeeping.
Section 33-24-08-99 Release from Requirements.
Section 33-24-08-100 Bankruptcy or Other Incapacity of Owner or
Operator or Provider of Financial Assurance.
Section 33-24-08-101 Replenishment of Guarantees, Letters of Credit,
or Surety Bonds.
Oklahoma
(a) The statutory provisions include
1. Oklahoma Statutes, Chapter 14: Oklahoma Underground Storage Tank
Regulation Act
Section 301 Short Title
Section 303 Definitions
Section 304 Exemptions
Section 305 Corporation Commission Designated as State Agency to
Administer Certain Federal Programs
Section 307 Corporation Commission--Promulgation of Rules Governing
Underground Storage Tank Systems
Section 308 Permits--Necessity--Application--Issuance--Fees--Denial,
Refusal to Issue, Suspension or Revocation--Financial Responsibility
Coverage (Except (B), which applies to individuals other than UST owners
and operators.)
Section 308.1 Underground Storage Tank Systems for Petroleum
Products--Permit Fee--Penalty--Suspension or Nonrenewal of Permit
Section 309 Release from Underground Storage Tank System--Reports--
Corrective Action--Powers, Duties and Procedures of Corporation
Commission
Section 313 Records, Reports and Informations--Public Inspection--
Confidentiality--Disclosure to Federal or State Representatives
Section 315 Corporation Commission Underground Storage Tank
Regulation Revolving Fund
Section 316 Ordinance or Regulations in Conflict with Act Prohibited
Section 340 Storage Tank Advisory Council--Members--Quorum--
Authority--Rules--Expenses
2. Oklahoma Statutes, Chapter 15: Oklahoma Petroleum Storage Tank
Release Indemnity Program
Section 350 Short Title--Maintenance, Operation and Administration
Section 352 Definitions
Section 353 Petroleum Storage Tank Release Environmental Cleanup
Indemnity Fund
Section 354 Assessments on Motor Fuels, Diesel Fuel and Blending
Materials--Exemptions--Deposits in Funds
Section 356 Collection, Remittance and Reporting of Assessments
Section 356.1 Confidentiality of Records, Reports or Information--
Schedule of Reimbursable Fees
Section 357 Payment of Claim Subject to Indemnity Fund Acquiring
Subrogation Rights--Administrator to Protect Indemnity Fund in Judicial
and Administrative Proceedings--Notice of Lawsuit--Enforcement of Third
Party Claim
Section 358 Annual Reports
Section 359 Audit Relating to Petroleum Storage Tank Release
Environmental Cleanup Indemnity Fund
Section 360 Limitation on Expenditures for Administrative Costs--
Reports
Section 361 Appointment of Administrator--Hiring of Employees--
Temporary Workers and Contract Labor
Section 365 Oklahoma Leaking Underground Storage Tank Trust Fund--
Oklahoma Leaking Underground Storage Tank Revolving Fund--Appropriation,
Budgeting and Expenditure of Monies--Payments from Funds--Costs of
Actions--Emergencies--Reimbursement of Funds--Administrative Penalties
(b) The regulatory provisions include
1. Oklahoma Annotated Code, Chapter 25: Underground Storage Tanks
a. Subchapter 1: General Provisions
Part 1: Purpose and Statutory Authority
Part 3: Definitions
Part 5: Scope of Rules
Part 7: National Industry Codes
Part 9: Notification and Reporting Requirements (Except 165:25-1-45,
insofar as it requires owners of exempt USTs to notify the Commission of
the existence of such systems.)
b. Subchapter 3: Release Prevention, Detection, and Correction
Part 1: Release Prohibition, Reporting and Investigation
Part 3: Recordkeeping
Part 5: Spill and Overfill Prevention Requirements
Part 7: Compatibility
Part 9: Installation of Underground Storage Tank Systems (Except
165:25-3-48, which applies to individuals other than UST owners and
operators.)
Part 11: Repairs to Underground Storage Tank Systems
Part 13: Removal and Closure of Underground Storage Tank Systems
Part 15: Corrective Action Requirements
Part 17: Requirements for Corrosion Protection Systems
c. Subchapter 5: Requirements for Existing Underground Storage Tank
Systems
d. Subchapter 7: Requirements for New Underground Storage Tank Systems
Part 1: Design, Construction, and Installation Requirements
Part 3: General Release Detection Methods and Service
Part 5: Release Detection Methods and Devices for Petroleum
Underground Storage Tank Systems
[[Page 597]]
e. Subchapter 9: Inspections, Testing, and Monitoring
Part 3: Fees
f. Subchapter 11: Administrative Provisions
g. Subchapter 13: Financial Responsibility Requirements
Part 1: Applicability
Part 3: Definitions
Part 5: Amount and Scope of Coverage
Part 7: Financial Assurance
Part 9: Financial Test of Self-Insurance
Part 11: Guarantee
Part 13: Insurance and Risk Retention Group Coverage
Part 15: Surety Bond
Part 17: Letter of Credit
Part 19: State Fund or Other State Assurance
Part 21: Trust Fund
Part 23: Standby Trust Fund
Part 25: Substitution of Financial Assurance Mechanisms
Part 27: Cancellation or Nonrenewal
Part 29: Reporting
Part 31: Recordkeeping
Part 33: Drawing on Financial Assurance Mechanisms
Part 35: Release from Subchapter 11 Requirements
Part 37: Bankruptcy or Other Incapacity of Owner/Operator or
Provider of Financial Assurance
Part 39: Replenishment of Guarantees, Letters of Credit, or Surety
Bonds
h. Subchapter 15: Circle K Settlement Fund
Part 1: General Provisions
Part 3: Definitions
Part 5: Eligibility Requirements
Part 7: Reimbursement
i. Appendices
Appendix A: Letter From Chief Financial Officer
Appendix B: Guarantee
Appendix C: Endorsement
Appendix D: Certificate of Insurance
Appendix E: Performance Bond
Appendix F: Irrevocable Standby Letter of Credit
Appendix G: Trust Agreement
Appendix H: Certification of Financial Responsibility
Appendix I: Certification of Valid Claim
Appendix J: Soil and Groundwater Remediation Index
Appendix K: Soil Cleanup Levels
Appendix L: Mean Annual Precipitation
Appendix M: Hydrologically Sensitive Area
Appendix N: Field Citation Fines
2. Oklahoma Annotated Code, Chapter 27: Indemnity Fund
a. Subchapter 1: General Provisions
Section 165:27-1-1 Purpose
Section 165:27-1-2 Definitions
Section 165:27-1-3 Scope
Section 165:27-1-4 Authority
Section 165:27-1-5 Citation of Rules
Section 165:27-1-6 Prescribed Forms
b. Subchapter 3: Eligibility Requirements
Section 165:27-3-1 General Requirements
Section 165:27-3-2 Eligible Person
Section 165:27-3-3 Eligible Release
c. Subchapter 5: Qualifications for Reimbursement
Section 165:27-5-1 Qualifications for Reimbursement
Section 165:27-5-2 Application for Reimbursement
Section 165:27-5-3 Application for Supplemental Reimbursement
d. Subchapter 7: Reimbursement
Section 165:27-7-1 Reimbursable Expenses
Section 165:27-7-2 Total Reimbursement
Section 165:27-7-5 Methods for Reimbursement
Section 165:27-7-6 Conditions for Reimbursement
Section 165:27-7-7 Exclusions from Reimbursement
Section 165:27-7-8 Withholding Reimbursement
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.) Sec. 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
[[Page 598]]
(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
[[Page 599]]
(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 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.
[[Page 600]]
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 Sec. 68-215-102(a)(3)
and except Sec. 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 Sec. 68-215-106(a)(6) and except
Sec. 68-215-106(c)(2).]
6. Section 68-215-107 Supervision, inspection, and enforcement
responsibilities [Except Sec. 68-215-107(e) and except
Sec. 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
[[Page 601]]
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
[[Page 602]]
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
[[Page 603]]
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 Unannotated (1994),
Title 19, Chapter 6, Part 1, Solid and Hazardous Waste Act, and Chapter
6, Part 4, Underground Storage Tank Act:
Section 19-6-109 Inspections authorized.
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) and
(iv).
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Section 19-6-404 Powers and duties of executive secretary, 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--Actions required after
testing.
Section 19-6-420 Releases--Abatement actions--Corrective actions,
except (1) through (3)(b), (4)(a), (5) (b) and (c), (6), and (9)(b).
(b) The regulatory provisions include:
(1) Administrative Rules of the State of Utah, Utah Administrative
Code (1993):
Section R311-200-1 Definitions, except (2), (5), (8), (10), (13),
(20), (29), (42) through (49), (53), and (54).
Section R311-202-1 Incorporation by Reference.
Section R311-203-1 Definitions.
Section R311-203-3 New Installations.
Section R311-203-4 Notification.
Section R311-204-1 Definitions
Section R311-204-2 Underground Storage Tank Closure Plan.
Section R311-204-3 Disposal.
Section R311-204-4 Subsequent Closure Notice.
Section R311-205-1 Definitions.
Section R311-205-2 Site Assessment Protocol.
Section R311-206-1 Definitions.
Section R311-206-2 Requirements for Issuance of Certificates, except
(b) and (c).
Section R311-206-3 Application for Certificates.
Section R311-206-5 Revocation and Reissuance of Certificates, except
(b), (c), (d), and the words ``compliance or'' in R311-206-5(a).
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.
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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.
[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 on GPO Access.