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Title 40: Protection of Environment

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PART 282—APPROVED UNDERGROUND STORAGE TANK PROGRAMS

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

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

Subpart A—General Provisions

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

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(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 theFederal Register.

(b) Copies of materials incorporated by reference may be inspected at the National Archives and Records Administration (NARA). For information on the availability of this material at NARA, call 202–741–6030, or go to: http://www.archives.gov/federal_register/code_of_federal_regulations/ibr_locations.html. 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.

[58 FR 58625, Nov. 2, 1993, as amended at 69 FR 18803, Apr. 9, 2004]

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(a) The State of Alabama is approved to administer and enforce an underground storage tank program in lieu of the federal program under subtitle I of the Resource Conservation and Recovery Act of 1976 (RCRA), as amended, 42 U.S.C. 6991 et seq. The State's program, as administered by the Alabama Department of Environmental Management, was approved by EPA pursuant to 42 U.S.C. 6991c and part 281 of this Chapter. EPA published the notice for final determination on the approved Alabama underground storage tank program concurrently with this notice and it will be effective on March 25, 1997.

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

(c) To retain program approval, Alabama must revise its approved program to adopt new changes to the federal subtitle I program which make it more stringent, in accordance with section 9004 of RCRA, 42 U.S.C. 6991c, and 40 CFR part 281, subpart E. If Alabama obtains approval for the revised requirements pursuant to section 9004 of RCRA, 42 U.S.C. 6991c, the newly approved statutory and regulatory provisions will be added to this subpart and notice of any change will be published in theFederal 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 theFederal Registerconcurrently with this notice, and to be effective on March 25, 1997. Copies of Alabama's underground storage tank program may be obtained from the Ground Water Branch, Alabama Department of Environmental Management, 1751 W.L. Dickinson Drive, Montgomery, Alabama 36130.

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

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

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

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

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

(B) The regulatory provisions include: none.

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

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

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

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

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

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

(2) Statement of legal authority. (i) “Attorney General's Statement for Final Approval”, signed by the Attorney General of Alabama on June 8, 1992, though not incorporated by reference, is referenced as part of the approved underground storage tank program under subtitle I of RCRA, 42 U.S.C. 6991 et seq .

(ii) Letter from the Attorney General of Alabama to EPA, June 8, 1992, though not incorporated by reference, is referenced as part of the approved underground storage tank program under subtitle I of RCRA, 42 U.S.C. 6991 et seq.

(3) Demonstration of procedures for adequate enforcement. The “Demonstration of Procedures for Adequate Enforcement” submitted as part of the final application in July 1994 and revised in March 1995, though not incorporated by reference, is referenced as part of the approved underground storage tank program under subtitle I of RCRA, 42 U.S.C. 6991 et seq.

(4) Program description. The program description and any other material submitted as part of the final application in July 1994 and revised in March 1995, though not incorporated by reference, are referenced as part of the approved underground storage tank program under subtitle I of RCRA, 42 U.S.C. 6991 et seq.

(5) Memorandum of Agreement. The Memorandum of Agreement between EPA, Region 4 and the Alabama Department of Environmental Management, signed by the EPA, Regional Administrator on August 2, 1996, though not incorporated by reference, is referenced as part of the approved underground storage tank program under subtitle I of RCRA, 42 U.S.C. 6991 et seq.

[62 FR 3614, Jan. 24, 1997]

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(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 theFederal Register.

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

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

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

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

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

(A) The statutory provisions include:

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

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

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

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

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

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

( ii ) §8–7–806  Penalties

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

(B) The regulatory provisions include:

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

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

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

( iii ) Chapter 8, Section 1: Violations

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

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

(A) Statutes.

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

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

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

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

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

( ii ) Reserved.

(B) Regulations.

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

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

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

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

Section 1: Purpose

Section 2: Definitions

Section 3: Applicability

Section 4: General Requirements

Section 5: Contractor Licensing

Section 6: Individual Licensing

Section 7: Experience Requirements

Section 8: Written Examination

Section 9: Approval of Comparable Licensing Programs

Section 10: Reciprocity

Section 11: Denial of Licenses

Section 12: Renewal of Licenses

Section 13: Duties and Obligations

Section 14: Department Approval of Training and Continuing Education

Section 15: Complaints

Section 16: Investigations; Enforcement; Penalties

Section 17: Department Actions Against Licenses.

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

Section 1: Purpose

Section 2: Definitions

Section 3: Applicability

Section 4: General Requirements

Section 5: Company Licensing

Section 6: Individual Licensing

Section 7: Experience Requirements

Section 8: Approval of Comparable Licensing Programs

Section 9: Reciprocity

Section 10: Denial of Licenses

Section 11: Renewal of Licenses

Section 12: Duties and Obligations

Section 13: Department Approval of Training and Continuing Education

Section 14: Complaints

Section 15: Investigation; Enforcement; Penalties

Section 16: Department Actions Against Licenses

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

(ii) Letter from the Attorney General of Arkansas to EPA, September 21, 1994, though not incorporated by reference, is referenced as part of the approved underground storage tank program under Subtitle I of RCRA, 42 U.S.C. 6991 et seq.

(3) Demonstration of procedures for adequate enforcement. The “Demonstration of Procedures for Adequate Enforcement” submitted as part of the original application on September 26, 1994, though not incorporated by reference, is referenced as part of the approved underground storage tank program under subtitle I of RCRA, 42 U.S.C. 6991 et seq.

(4) Program description. The program description and any other material submitted as part of the original application on September 26, 1994, though not incorporated by reference, are referenced as part of the approved underground storage tank program under Subtitle I of RCRA, 42 U.S.C. 6991 et seq.

(5) Memorandum of Agreement. The Memorandum of Agreement between EPA Region 6 and the Arkansas Department of Pollution Control and Ecology, signed by the EPA Regional Administrator on February 14, 1995, though not incorporated by reference, is referenced as part of the approved underground storage tank program under subtitle I of RCRA, 42 U.S.C. 6991 et seq.

[61 FR 1214, Jan. 18, 1996]

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(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 theFederal Register.

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

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

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

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

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

(A) The statutory provisions include:

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

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

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

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

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

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

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

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

(ii) Letter from the Attorney General of Connecticut to EPA, December 21, 1994, though not incorporated by reference, is referenced as part of the State's approved underground storage tank program under Subtitle I of RCRA, 42 U.S.C. 6991 et seq.

(3) Demonstration of procedures for adequate enforcement. The “Demonstration of Procedures for Adequate Enforcement” submitted as part of the original application in December 1994, though not incorporated by reference, is referenced as part of the State's approved underground storage tank program under Subtitle I of RCRA, 42 U.S.C. 6991 et seq.

(4) Program description. The program description and any other material submitted as part of the original application in December 1994, though not incorporated by reference, are referenced as part of the approved underground storage tank program under Subtitle I of RCRA, 42 U.S.C. 6991 et seq.

(5) Memorandum of Agreement. On October 16, 1995, EPA and the Connecticut Department of Environmental Protection signed the Memorandum of Agreement. Though not incorporated by reference, the Memorandum of Agreement is referenced as part of the approved underground storage tank program under Subtitle I of RCRA, 42 U.S.C. 6991 et seq.

[61 FR 41509, Aug. 9, 1996]

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(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 theFederal 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 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]

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Link to an amendment published at 73 FR 53744, September 17, 2008.

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(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 theFederal Register.

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

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

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

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

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

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

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

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

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

(2) Statement of legal authority. (i) “Attorney General's Statement for Final Approval”, signed by the Attorney General of Iowa on December 22, 1993, though not incorporated by reference, is referenced as part of the approved underground storage tank program under Subtitle I of RCRA, 42 U.S.C. 6991 et seq.

(ii) Letter from the Attorney General of Iowa to EPA, dated December 22, 1993, though not incorporated by reference, is referenced as part of the approved underground storage tank program under Subtitle I of RCRA, 42 U.S.C. 6991 et seq.

(3) Demonstration of procedures for adequate enforcement. The “Demonstration of Procedures for Adequate Enforcement” submitted as part of the original application in March of 1994, though not incorporated by reference, is referenced as part of the approved underground storage tank program under subtitle I of RCRA, 42 U.S.C. 6991 et seq.

(4) Program description. The program description and any other material submitted as part of the original application in March 1994, though not incorporated by reference, are referenced as part of the approved underground storage tank program under Subtitle I of RCRA, 42 U.S.C. 6991 et seq.

(5) Memorandum of Agreement. The Memorandum of Agreement between EPA Region 7 and the Iowa Department of Natural Resources, signed by the EPA Regional Administrator on June 22, 1994, though not incorporated by reference, is referenced as part of the approved underground storage tank program under subtitle I of RCRA, 42 U.S.C. 6991 et seq.

[60 FR 12632, Mar. 7, 1995]

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(a) The State of Kansas is approved to administer and enforce an underground storage tank program in lieu of the federal program under subtitle I of the Resource Conservation and Recovery Act of 1976 (RCRA), as amended, 42 U.S.C. 6991 et seq. The State's program, as administered by the Kansas Department of Health and Environment, was approved by EPA pursuant to 42 U.S.C. 6991c and part 281 of this Chapter. EPA approved the Kansas program on June 6, 1994 and it was effective on July 6, 1994.

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

(c) To retain program approval, Kansas must revise its approved program to adopt new changes to the federal subtitle I program which make it more stringent, in accordance with section 9004 of RCRA, 42 U.S.C. 6991c, and 40 CFR part 281, subpart E. If Kansas obtains approval for the revised requirements pursuant to section 9004 of RCRA, 42 U.S.C. 6991c, the newly approved statutory and regulatory provisions will be added to this subpart and notice of any change will be published in theFederal Register.

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

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

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

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

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

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

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

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

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

(2) Statement of legal authority. (i) “Attorney General's Statement for Final Approval”, signed by the Attorney General of Kansas on August 23, 1993, though not incorporated by reference, is referenced as part of the approved underground storage tank program under Subtitle I of RCRA, 42 U.S.C. 6991 et seq.

(ii) Letter from the Attorney General of Kansas to EPA, August 23, 1993, though not incorporated by reference, is referenced as part of the approved underground storage tank program under Subtitle I of RCRA, 42 U.S.C. 6991 et seq.

(3) Demonstration of procedures for adequate enforcement. The “Demonstration of Procedures for Adequate Enforcement” submitted as part of the original application in September, 1993, though not incorporated by reference, is referenced as part of the approved underground storage tank program under subtitle I of RCRA, 42 U.S.C. 6991 et seq.

(4) Program description. The program description and any other material submitted as part of the original application in September 1993, though not incorporated by reference, are referenced as part of the approved underground storage tank program under subtitle I of RCRA, 42 U.S.C. 6991 et seq.

(5) Memorandum of Agreement. The Memorandum of Agreement between EPA Region 7 and the Kansas Department of Health and Environment, signed by the EPA Regional Administrator on April 29, 1994, though not incorporated by reference, is referenced as part of the approved underground storage tank program under subtitle I of RCRA, 42 U.S.C. 6991 et seq.

[59 FR 49212, Sept. 27, 1994]

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(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 theFederal Register.

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

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

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

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

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

(A) The statutory provisions include:

( 1 ) Louisiana Revised Statutes, Title 30

§2012  Enforcement Inspections

§2025  Enforcement

§2026  Citizen Suits

§2077  Remediation of Pollution

§2172  Policy and Purpose

§2275  Demand by Secretary; Remedial Action

(B) The regulatory provisions include:

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

§1501  Inspection and Entry

§1503  Failure to Comply

§1505  Investigations: Purposes, Notice

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

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

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

§1301  Applicability

§1303  Definitions

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

§1307  Certification Examinations

§1309  Approval of Continuing Training Courses

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

§1313  UST Certification Board

( 2 ) Statement of legal authority. ( i ) “Attorney General's Statement for Final Approval”, signed by the Attorney General of Louisiana on September 12, 1991, though not incorporated by reference, is referenced as part of the approved underground storage tank program under Subtitle I of RCRA, 42 U.S.C. 6991 et seq.

( ii ) Letter from the Attorney General of Louisiana to EPA, September 12, 1991, though not incorporated by reference, is referenced as part of the approved underground storage tank program under Subtitle I of RCRA, 42 U.S.C. 6991 et seq.

( 3 ) Demonstration of procedures for adequate enforcement. The “Demonstration of Procedures for Adequate Enforcement” submitted as part of the original application on October 15, 1991, though not incorporated by reference, is referenced as part of the approved underground storage tank program under subtitle I of RCRA, 42 U.S.C. 6991 et seq.

( 4 ) Program description. The program description and any other material submitted as part of the original application on October 15, 1991, though not incorporated by reference, are referenced as part of the approved underground storage tank program under Subtitle I of RCRA, 42 U.S.C. 6991 et seq.

( 5 ) Memorandum of Agreement. The Memorandum of Agreement between EPA Region 6 and the Louisiana Department of Environmental Quality, signed by the EPA Regional Administrator on May 14, 1992, though not incorporated by reference, is referenced as part of the approved underground storage tank program under subtitle I of RCRA, 42 U.S.C. 6991 et seq.

[61 FR 1212, Jan. 18, 1996]

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(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 theFederal 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 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]

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(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 theFederal Register.

(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.

(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]

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

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

(c) To retain program approval, Minnesota must revise its approved program to adopt new changes to the Federal Subtitle I program that make it more stringent, in accordance with section 9004 of RCRA, 42 U.S.C. 6991c, and 40 CFR part 281, subpart E. If Minnesota obtains approval for the revised requirements pursuant to section 9004 of RCRA, 42 U.S.C. 6991c, the newly approved statutory and regulatory provisions will be added to this subpart and notice of any change will be published in theFederal Register.

(d) Minnesota has final approval for the following elements submitted to EPA in the State's program application for final approval. On November 30, 2001, EPA published a rule approving the State's program in theFederal Register,66 FR 59713. That approval became effective on December 31, 2001. Copies of Minnesota's program application may be obtained from the Minnesota Pollution Control Agency, UST/LUST Program, 520 Lafayette Road North, St. Paul, MN 55155–3898.

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

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

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

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

(A) The statutory provisions include:

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

M. S. 13.08  Civil remedies

M. S. 13.09  Penalties

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

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

M. S. 115.071  Enforcement

M. S. 115.072  Recovery of Litigation Costs and Expenses

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

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

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

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

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

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

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

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

M. S. 115C.05  Civil Penalty

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

M. S. 115C.113  Orders

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

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

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

M. S. 116.072  Administrative Penalties

M. S. 116.073  Field Citations

M. S. 116.091  Systems and Facilities

M. S. 116.11  Emergency Powers

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

M. S. 116B.03  Civil Actions

M. S. 116B.07  Relief

(B) The regulatory provisions include:

(1) Minnesota Rules of Civil Procedure

Rule 24.01  Intervention of Right

Rule 24.02  Permissive Intervention

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

2890.0100  Review and Determination

2890.0110  Right to Appeal

2890.0130  Action on Notice of Lien Filing

(3) Minnesota Rules, Chapter 7000, Procedural Rule

M. S. 7000.0300  Duty of Candor

M. S. 7000.0900  Informal Complaints

M. S. 7000.1200  Inspection of Public Records

M. S. 7000.1300  Confidential Information

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

(A) The statutory provisions include:

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

(B) The regulatory provisions include:

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

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

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

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

7105.0050  Contractor Certification

7105.0060  Supervisor Certification

7105.0070  Standards of Performance

7105.0080  Storage Tank Service Provider Training Course Requirements

7105.0090  Examinations and Diplomas

7105.0100  Approval of Certification Training Courses

7105.0110  Sanctions

7105.0120  Fees

7105.0130  Incorporation by Reference

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

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

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

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

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

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

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

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

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

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

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

(4) Program Description. The program description and any other material submitted as part of the original application on May 11, 2000, though not incorporated by reference, are referenced as part of the approved underground storage tank program in accordance with Subtitle I of RCRA, 42 U.S.C. 6991 et seq.

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

[70 FR 29360, May 24, 2005]

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(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 theFederal Register.

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

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

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

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

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

(A) The statutory provisions include:

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

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

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

49–17–431  Appeal rights

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

49–17–17  Powers and duties

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

49–17–31  Proceedings before commission

49–17–33  Hearings

49–17–35  Request for hearing

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

49–17–43  Penalties

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

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

49–2–13  Powers and duties of executive director

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

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

(B) The regulatory provisions include:

( 1 ) Mississippi Groundwater Protection Trust Fund Regulations.

Section XX  Enforcement Actions

( 2 ) [Reserved]

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

(A) The statutory provisions include:

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

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

( 2 ) [Reserved]

(B) The regulatory provisions include:

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

Section I  General Intent

Section II  Legal Authority

Section III  Definitions

Section IV  Applicability

Section V  General Requirements

Section VI  Certification Requirements

Section VII  Testing

Section VIII  Certification

Section IX  Certification Renewals

Section X  Continuing Education

Section XI  Lapsed Certification

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

Section XIII  Enforcement and Appeals

Section XIV  Property Rights

( 2 ) Mississippi Groundwater Protection Trust Fund Regulations.

Section IV  Immediate Response Action Contractor (IRAC) Application Process

Section V  IRAC Application Review

Section VI  IRAC Performance Standards

Section VII  Denial of IRAC Applications

Section VIII  Removal from the Approved List of IRAC's

Section IX  Engineering Response Action Contractor (ERAC) Application Process

Section X  ERAC Submittal of Documentation Requested By the Department

Section XI  ERAC Performance Standards

Section XII  Removal from the Approved List of ERAC's

Section XIII  Denial of ERAC Applications

(2) Statement of legal authority. (i) “Attorney General's Statement for Final Approval”, signed by the State Attorney General on August 15, 1989, though not incorporated by reference, is referenced as part of the approved underground storage tank program under subtitle I of RCRA, 42 U.S.C. 6991 et seq.

(ii) Letter from the Attorney General of Mississippi to EPA, August 15, 1989, though not incorporated by reference, is referenced as part of the approved underground storage tank program under subtitle I of RCRA, 42 U.S.C. 6991 et seq.

(3) Demonstration of procedures for adequate enforcement. The “Demonstration of Procedures for Adequate Enforcement” submitted as part of the original application on August 14, 1989, though not incorporated by reference, is referenced as part of the approved underground storage tank program under subtitle I of RCRA, 42 U.S.C. 6991 et seq.

(4) Program description. The program description and any other material submitted as part of the original application on August 14, 1989, though not incorporated by reference, are referenced as part of the approved underground storage tank program under subtitle I of RCRA, 42 U.S.C. 6991 et seq.

(5) Memorandum of Agreement. The Memorandum of Agreement between EPA Region 4 and the Mississippi Department of Environmental Quality, approved by the EPA Regional Administrator, as part of the delegation package which received final program approval on June 11, 1990, though not incorporated by reference, is referenced as part of the approved underground storage tank program under subtitle I of RCRA, 42 U.S.C. 6991 et seq.

[62 FR 28366, May 23, 1997]

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(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 theFederal Register.

(d) Nevada has final approval for the following elements submitted to EPA in Nevada's program application for final approval and approved by EPA on December 24, 1992. Copies may be obtained from the Nevada State Office Library, Board Room, 100 Stewart Street, Carson City, Nevada 89710.

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

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

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

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

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

(B) The regulatory provisions include: none.

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

(2) Statement of legal authority. (i) “Attorney General's Statement of Final Approval,” signed by the Attorney General of Nevada on December 1, 1992, though not incorporated by reference, is referenced as part of the approved underground storage tank program under Subtitle I of RCRA, 42 U.S.C. 6991 et seq.

(ii) Letter from the Attorney General of Nevada to EPA, dated December 1, 1992, though not incorporated by reference, is referenced as part of the approved underground storage tank program under Subtitle I of RCRA, 42 U.S.C. 6991 et seq.

(3) Demonstration of procedures for adequate enforcement. The “Demonstration of Procedures for Adequate Enforcement” submitted as part of the original application of October 1, 1992, though not incorporated by reference, is referenced as part of the approved underground storage tank program under Subtitle I of RCRA, 42 U.S.C. 6991 et seq.

(4) Program description. The program description and any other material submitted as part of the original application in October 1992, though not incorporated by reference, are referenced as part of the approved underground storage tank program under Subtitle I of RCRA, 42 U.S.C. 6991 et seq.

(5) Memorandum of Agreement. The Memorandum of Agreement between EPA Region 9 and the Nevada Division of Environmental Protection, signed by the EPA Regional Administrator on December 17, 1992, though not incorporated by reference, is referenced as part of the approved underground storage tank program under Subtitle I of RCRA, 42 U.S.C. 6991 et seq.

[63 FR 38500, July 17, 1998]

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(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 theFederal 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.

(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.

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(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 theFederal Register.

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

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

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

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

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

(A) The statutory provisions include:

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

( i ) Article 4: Hazardous Wastes.

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

74–4–4.3  Entry; Availability of Records

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

74–4–11  Penalty; Criminal

74–4–12  Penalty; Civil

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

74–4–14  Administrative Actions; Judicial Review

( ii ) Article 6: Water Quality.

74–6–7  Administrative Action; Judicial Review

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

74–6–10.1  Civil Penalties

74–6–10.2  Criminal Penalties

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

( iii ) Article 6B: Ground Water Protection.

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

(B) The regulatory provisions include:

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

( i ) Part X: Administrative Review.

§1000  Informal Review

§1001  Review By the Director on Written Memoranda

§1002  Public Participation

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

( i ) Part I: General Provisions.

§101  Authority

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

§103  Definitions

§104  Use of Number and Gender

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

§106  Computation and Extension of Time

§107  Ex Parte Discussions

§108  Examination of Documents Filed

§109  Settlement; Consent Agreement

( ii ) Part II: Document Requirements.

§201  Filing, Service, and Form of Documents

§202  Filing and Service of Documents Issued by Hearing Officer

§203  Compliance Order

§204  Request for Hearing; Answer to Compliance Order

§205  Notice of Docketing; Notice of Hearing Officer Assignment

§206  Motions

( iii ) Part III: Prehearing Procedures and Discovery.

§301  General Rules Regarding Discovery

§302  Identity of Witnesses

§303  Production of Documents

§304  Request for Admissions

§305  Subpoenas

§306  Other Discovery

( iv ) Part IV: Hearing Procedures.

§401  Scheduling the Hearing

§402  Evidence

§403  Objections and Offers of Proof

§404  Burden of Presentation; Burden of Persuasion

( v ) Part V: Post-Hearing Procedures.

§501  Filing the Transcript

§502  Proposed Findings, Conclusions and Orders

§503  Recommended Decision

§504  Final Order by Director

§505  Judicial Review

( vi ) Part VI: Miscellaneous Provisions.

§601  Liberal Construction

§602  Severability

§603  Supersession of Prior Rules

§604  Savings Clause

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

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

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

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

( 1 ) Part I: General Provisions.

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

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

§1400  Purpose

§1401  Legal Authority

§1402  Definitions

§1403  Applicability

§1404  General Requirements

§1405  Contractor Certification

§1406  Individual Certification

§1407  Experience Requirements

§1408  Written Examination

§1409  On-Site Examination

§1410  Approval of Comparable Certification Programs

§1411  Denial of Certificates

§1412  Renewal of Certificates

§1413  Installer Duties and Obligations

§1414  Division Approval of Training and Continuing Education

§1415  Complaints

§1416  Investigations, Enforcement, Penalties

§1417  Division Actions Against Certificates

(2) Statement of legal authority. (i) “Attorney General's Statement for Final Approval”, signed by the Attorney General of New Mexico on June 25, 1990, though not incorporated by reference, is referenced as part of the approved underground storage tank program under Subtitle I of RCRA, 42 U.S.C. 6991 et seq .

(ii) Letter from the Attorney General of New Mexico to EPA, June 25, 1990, though not incorporated by reference, is referenced as part of the approved underground storage tank program under Subtitle I of RCRA, 42 U.S.C. 6991 et seq .

(3) Demonstration of procedures for adequate enforcement. The “Demonstration of Procedures for Adequate Enforcement” submitted as part of the original application on September 25, 1989, though not incorporated by reference, is referenced as part of the approved underground storage tank program under subtitle I of RCRA, 42 U.S.C. 6991 et seq.

(4) Program description. The program description and any other material submitted as part of the original application on September 25, 1990, though not incorporated by reference, are referenced as part of the approved underground storage tank program under Subtitle I of RCRA, 42 U.S.C. 6991 et seq.

(5) Memorandum of Agreement. The Memorandum of Agreement between EPA Region 6 and the New Mexico Environmental Improvement Board, signed by the EPA Regional Administrator on September 13, 1990, though not incorporated by reference, is referenced as part of the approved underground storage tank program under subtitle I of RCRA, 42 U.S.C. 6991 et seq.

[61 FR 1217, Jan. 18, 1996]

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(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 theFederal Register.

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

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

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

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

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

(A) The statutory provisions include:

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

§143–215.6A  Enforcement procedures: civil penalties

§143–215.6B  Enforcement procedures: criminal penalties

§143–215.6C  Enforcement procedures: injunctive relief

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

§143–215.79  Inspections and investigations; entry upon property

§143–215.88A  Enforcement procedures: civil penalties

§143–215.88B  Enforcement procedures: criminal penalties

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

§143–215.94  Joint and several liability

§143–215.94F  Limited amnesty

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

§143–215.94K  Enforcement

§143–215.94W  Enforcement procedures: civil penalties

§143–215.94Y  Enforcement procedures: criminal penalties

§143–215.94Z  Enforcement procedures: injunctive relief

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

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

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

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

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

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

Rule 24  Intervention

(B) The regulatory provisions include:

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

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

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

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

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

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

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

(A) The statutory provisions include:

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

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

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

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

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

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

(B) The regulatory provisions include:

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

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

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

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

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

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

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

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

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

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

(2) Statement of legal authority. (i) “Attorney General's Statement for Final Approval”, signed by the State Attorney General on January 5, 1998, though not incorporated by reference, is referenced as part of the approved underground storage tank program under subtitle I of RCRA, 42 U.S.C. 6991 et seq.

(ii) Letter from the Attorney General of North Carolina to EPA, August 11, 1998, though not incorporated by reference, is referenced as part of the approved underground storage tank program under subtitle I of RCRA, 42 U.S.C. 6991 et seq.

(iii) Letter from the Attorney General of North Carolina to EPA, September 24, 1998, though not incorporated by reference, is referenced as part of the approved underground storage tank program under subtitle I of RCRA, 42 U.S.C. 6991 et seq.

(3) Demonstration of procedures for adequate enforcement. The “Demonstration of Procedures for Adequate Enforcement” submitted as part of the original application on December 19, 1997, though not incorporated by reference, is referenced as part of the approved underground storage tank program under subtitle I of RCRA, 42 U.S.C. 6991 et seq.

(4) Program Description. The program description and any other material submitted as part of the original application on December 19, 1997, though not incorporated by reference, are referenced as part of the approved underground storage tank program under subtitle I of RCRA, 42 U.S.C. 6991 et seq.

(5) Memorandum of Agreement. The Memorandum of Agreement between EPA Region 4 and the North Carolina Department of Environment and Natural Resources, Division of Waste Management, UST Section, signed by the EPA Regional Administrator on July 29, 1999, though not incorporated by reference, is referenced as part of the approved underground storage tank program under subtitle I of RCRA, 42 U.S.C. 6991 et seq.

[66 FR 32568, June 15, 2001]

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(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 theFederal 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, 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]

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(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 theFederal 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

§306  Corporation Commission—Powers and Duties

§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

§312  Enforcement of Actions and Remedies—Action for Equitable Relief—Jurisdiction—Relief

(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

§165:27–9–1 Hearing, Orders, and Appeals

§165:27–9–2 Changes to Rules

§165:27–9–3 Notices

§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

§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.)

§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]

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

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

(c) To retain program approval, the Commonwealth must revise its approved program to adopt new changes to the Federal Subtitle I program that make it more stringent, in accordance with section 9004 of RCRA, 42 U.S.C. 6991c, and 40 CFR part 281, subpart E. If the Commonwealth obtains approval for the revised requirements pursuant to section 9004 of RCRA, 42 U.S.C. 6991c, the newly approved statutory and regulatory provisions will be added to this subpart and notice of any change will be published in theFederal Register.

(d) The Commonwealth has final approval for the following elements submitted to EPA in the State's program application for final approval. On September 11, 2003, EPA published a rule approving the State's program in theFederal Register,66 FR 53520. That approval became effective on September 11, 2003. Copies of the Commonwealth's program application may be obtained from the Pennsylvania Department of Environmental Protection, Bureau of Land Recycling and Waste Management, Storage Tank Program, Rachel Carson State Office Building, Harrisburg, PA 17105–8762.

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

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

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

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

(A) The statutory provisions include:

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

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

35 PS Section 6021 Ch. 13  Enforcement

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

35 P.S. Section 7514  Jurisdiction

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

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

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

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

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

(B) The regulatory provisions include:

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

Section 245.303  General

( 2 ) Pennsylvania Rules of Civil Procedure

Pa R.C.P. Rule 2326  Definitions

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

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

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

Pa R.C.P. Rule 2330  Practice

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

(A) The statutory provisions include:

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

(B) The regulatory provisions include:

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

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

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

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

(4) Program Description. The program description and any other material submitted as part of the original application on November 25, 2002, though not incorporated by reference, are referenced as part of the approved underground storage tank program in accordance with Subtitle I of RCRA, 42 U.S.C. 6991 et seq.

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

[71 FR 13770, Mar. 17, 2006]

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(a) The State of Rhode Island is approved to administer and enforce an underground storage tank program in lieu of the federal program under Subtitle I of the Resource Conservation and Recovery Act of 1976 (RCRA), as amended, 42 U.S.C. 6991 et seq. The State's program, as administered by the Rhode Island Department of Environmental Management, was approved by EPA pursuant to 42 U.S.C. 6991c and Part 281 of 40 CFR. EPA approved the Rhode Island program on January 11, 1993, and the approval was effective on February 10, 1993.

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

(c) To retain program approval, Rhode Island must revise its approved program to adopt new changes to the federal Subtitle I program which make it more stringent, in accordance with Section 9004 of RCRA, 42 U.S.C. 6991c, and 40 CFR part 281, subpart E. If Rhode Island obtains approval for the revised requirements pursuant to Section 9004 of RCRA, 42 U.S.C. 6991c, the newly approved statutory and regulatory provisions will be added to this subpart and notice of any change will be published in theFederal Register.

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

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

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

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

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

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

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

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

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

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

(2) Statement of legal authority. (i) “Attorney General's Statement for Final Approval and appendixes” signed by the Attorney General of Rhode Island on July 1, 1992, though not incorporated by reference, is referenced as part of the approved underground storage tank program under Subtitle I of RCRA, 42 U.S.C. 6991 et seq .

(ii) Letter from the Attorney General of Rhode Island to EPA July 1, 1992, though not incorporated by reference, is referenced as part of the approved underground storage tank program under Subtitle I of RCRA, 42 U.S.C. 6991 et seq.

(3) Demonstration of procedures for adequate enforcement . The “Demonstration of Procedures for Adequate Enforcement” submitted as part of the original application in July 1992, though not incorporated by reference, is referenced as part of the approved underground storage tank program under Subtitle I of RCRA, 42 U.S.C. 6991 et seq .

(4) Program description . The program description and any other material submitted as part of the original application in July 1992, though not incorporated by reference, are referenced as part of the approved underground storage tank program under Subtitle I of RCRA, 42 U.S.C. 6991 et seq.

(5) Memorandum of Agreement . On October 19, 1992, EPA and the Rhode Island Department of Environmental Management signed the Memorandum of Agreement. Though not incorporated by reference, the Memorandum of Agreement is referenced as part of the approved underground storage tank program under Subtitle I of RCRA, 42 U.S.C. 6991 et seq .

[61 FR 6320, Feb. 20, 1996]

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(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 theFederal Register.

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

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

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

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

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

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

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

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

(2) Statement of legal authority. (i) “Attorney General's Statement for Final Approval”, signed by the Attorney General of South Dakota on June 17, 1992, though not incorporated by reference, is referenced as part of the approved underground storage tank program under Subtitle I of RCRA, 42 U.S.C. 6991 et seq.

(ii) Letter from the Attorney General of South Dakota to EPA, June 17, 1992, though not incorporated by reference, is referenced as part of the approved underground storage tank program under Subtitle I of RCRA, 42 U.S.C. 6991 et seq.

(3) Demonstration of procedures for adequate enforcement. The “Demonstration of Procedures for Adequate Enforcement” submitted as part of the complete application in October 1993, though not incorporated by reference, is referenced as part of the approved underground storage tank program under subtitle I of RCRA, 42 U.S.C. 6991 et seq.

(4) Program description. The program description and any other material submitted as part of the original application in June 1992, though not incorporated by reference, are referenced as part of the approved underground storage tank program under Subtitle I of RCRA, 42 U.S.C. 6991 et seq.

(5) Memorandum of Agreement. The Memorandum of Agreement between EPA Region VIII and the South Dakota Department of Environment and Natural Resources, signed by the EPA Regional Administrator on February 23, 1995, though not incorporated by reference, is referenced as part of the approved underground storage tank program under Subtitle I of RCRA, 42 U.S.C. 6991 et seq.

[60 FR 14336, Mar. 16, 1995]

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(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 theFederal Register.

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

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

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

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

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

(A) The statutory provisions include:

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

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

Section 68–215–114  Order for correction—Liability

Section 68–215–116  Failure to take proper action

Section 68–215–119  Review of orders and revocations

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

Section 68–215–121  Civil penalty—Assessment

Section 68–215–122  Injunctions

(B) The regulatory provisions include:

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

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

(A) The statutory provisions include:

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

(B) The regulatory provisions include:

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

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

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

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

(2) Statement of legal authority. “Attorney General's Statement of ‘No Less Stringent’ Requirements and ‘Adequate Enforcement’ Authorities Implementing Underground Storage Tank Program”, signed by the State Attorney General on June 3, 1996, though not incorporated by reference, is referenced as part of the approved underground storage tank program under subtitle I of RCRA, 42 U.S.C. 6991 et seq.

(3) Demonstration of procedures for adequate enforcement. The “Demonstration of Procedures for Adequate Enforcement” submitted as part of the original application on September 1, 1996, though not incorporated by reference, is referenced as part of the approved underground storage tank program under subtitle I of RCRA, 42 U.S.C. 6991 et seq.

(4) Program description. The program description and any other material submitted as part of the original application on September 1, 1996, though not incorporated by reference, are referenced as part of the approved underground storage tank program under subtitle I of RCRA, 42 U.S.C. 6991 et seq.

(5) Memorandum of Agreement. The Memorandum of Agreement between EPA Region 4 and the Tennessee Department of Environment and Conservation, Division of Underground Storage Tanks, signed by the EPA Regional Administrator on July 1, 1998, though not incorporated by reference, is referenced as part of the approved underground storage tank program under subtitle I of RCRA, 42 U.S.C. 6991 et seq.

[64 FR 28929, May 28, 1999]

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(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 theFederal Register.

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

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

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

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

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

(A) The statutory provisions include:

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

§26.013  Research, Investigations

§26.014  Power to Enter Property

§26.015  Power to Examine Records

§26.016  Enforcement Proceedings

§26.017  Cooperation

§26.019  Orders

§26.020  Hearing Powers

§26.021  Delegation of Hearing Powers

§26.022  Notice of Hearings; Continuance

§26.042  Monitoring and Reporting

§26.121  Unauthorized Discharges Prohibited

§26.122  Civil Penalty

§26.123  Enforcement by Commission

§26.124  Enforcement by Others

§26.125  Venue and Procedure

§26.126  Disposition of Civil Penalties

§26.136  Administrative Penalty

§26.212  Criminal Offense

§26.213  Criminal Penalty

§26.268  Penalties

§26.353  Commission Orders

§26.354  Emergency Orders

§26.356  Inspections, Monitoring, and Testing

(B) The regulatory provisions include:

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

Subchapter A: General Provisions

§334.11  Enforcement

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

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

( i ) Subchapter A: Enforcement Generally.

§337.1  Enforcement Orders

§337.2  Hearings on Violations

§337.3  Legal Proceedings

§337.4  Complaint File

§337.5  Confidentiality of Enforcement Information

§337.6  Force Majeure

( ii ) Subchapter B: Enforcement Hearings.

§337.31  Purpose

§337.32  Remedies

§337.33  Definitions

§337.34  Substantial Noncompliance and Emergency Conditions

§337.35  Emergencies

§337.36  Preliminary Enforcement Report

§337.37  Notice

§337.38  Answer

§337.39  Commission Action

§337.40  Appeals of Administrative Penalties

( iii ) Subchapter C: Water Rights Enforcement.

§337.51  Show-Cause Enforcement Procedures

§337.52  Notice

§337.53  Enforcement of Commission Orders

§337.54  Enforcement

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

§265.1  Initial Pleadings

§265.2  Executive Director Forwards Initial Pleadings to the Commission

§265.3  Acceptance for Filing

§265.4  Affidavit of Publication

§265.5  Effect of Failure to Furnish Affidavit

§265.6  Conference Before Hearing

§265.7  Recordation of Conference Action

§265.8  Prefiled Testimony and Exhibits

§265.9  Written Protest

§265.10  Discovery

§265.11  Forms of Discovery

§265.12  Scope of Discovery

§265.13  Exceptions

§265.14  Protective Orders

§265.15  Duty to Supplement

§265.16  Discovery of Documents and Things

§265.17  Interrogatories to Parties

§265.18  Admission of Facts and Genuineness of Document

§265.19  Requests for Requests for Information

§265.20 Sanctions for Failure to Comply with Discovery Ruling

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

§267.1  Designation of Parties

§267.2  Statutory Parties

§267.3  Rights of Parties at the Hearing

§267.4  Persons Not Parties

§267.5  Effect of Postponement

§267.6  Furnishing Copies of Pleadings

§267.7  Conference During Hearing

§267.8  Recordation of Hearing Conference Action

§267.9  Agreements to be in Writing

§267.10  Rulings in Commission Evidentiary Hearings

§267.11  Order of Presentation

§267.12  Alignment of Participants

§267.13  General Admissibility of Evidence

§267.14  Objections

§267.15  Interlocutory Appeals

§267.16  Cross-Examination of Witnesses

§267.17  Stipulation

§267.18  Exhibits

§267.19  Copies of Exhibits

§267.20  Abstracts of Documents

§267.21  Excluding Exhibits

§267.22  Official Notice

§267.23  Parties to be Informed of Material Officially Noticed

§267.24  Continuance

§267.25  Oral Argument

§267.26  Submittal of Findings of Fact and Conclusions of Law

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

§273.1  Motion for Rehearing

§273.2  Reply to Motion for Rehearing

§273.3  Granting of Motion for Rehearing

§273.4  Modification of Time Limits

§273.5  Decision Final and Appealable

§273.6  Appeal

§273.7  The Record

§273.8  Costs of Record on Appeal

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

( 1 ) Subchapter A: General Provisions.

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

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

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

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

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

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

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

§334.121  Purpose and Applicability

§334.122  Definitions

§334.123  Statutory Exemptions

§334.124  Commission Exclusions

§334.125  General Prohibitions and Requirements

§334.126  Installation Notification

§334.127  Registration

§334.128  Annual Facility Fees

§334.129  Release Reporting and Corrective Action

§334.130  Reporting and Recordkeeping

§334.131  Enforcement

§334.132  Other General Provisions

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

§334.401  Certificate of Registration for UST Contractor

§334.402  Application for Certificate of Registration

§334.403  Issuance of Certificate of Registration

§334.404  Renewal of Certificate of Registration

§334.405  Denial of Certificate of Registration

§334.406  Fee Assessments for Certificate of Registration

§334.407  Other Requirements

§334.408  Exception to Registration Requirements

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

§334.410  Notice of Hearings

§334.411  Type of Hearing

§334.412  Subchapter I Definitions

§334.413  License for Installers and On-Site Supervisors

§334.414  License for Installers and On-Site Supervisors

§334.415  License A and License B

§334.416  Requirements for Issuance of License A and License B

§334.417  Application for License A and License B

§334.418  Notification of Examination

§334.419  License A and License B Examination

§334.420  Issuance of License A or License B

§334.421  Renewal of License

§334.422  Denial of License A or License B

§334.423  Fees Assessments for License A and License B

§334.424  Other Requirements for a License A and License B

§334.425  Exceptions to License A and License B Requirements

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

§334.427  Notice of Hearings

§334.428  Type of Hearing

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

§334.451  Applicability of Subchapter J

§334.452  Exemptions from Subchapter J

§334.453  General Requirements and Prohibitions

§334.454  Exception for Emergency Abatement Actions

§334.455  Notice to Owner or Operator

§334.456  Application for Certificate of Registration for Corrective Action Specialist

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

§334.458  Review and Issuance of Certificates of Registration

§334.459  Continuing Education Requirements for Corrective Action Project Managers

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

§334.461  Denial of Certificate of Registration

§334.462  Other Requirements

§334.463  Grounds for Revocation or Suspension of Certificate of Registration

§334.465  Procedures for Revocation or Suspension of Certificate of Registration

§334.466  Reinstatement of a Certificate of Registration

(2) Statement of legal authority. (i) “Attorney General's Statement for Final Approval”, signed by the Attorney General of Texas on January 11, 1994, though not incorporated by reference, is referenced as part of the approved underground storage tank program under Subtitle I of RCRA, 42 U.S.C. 6991 et seq.

(ii) Letter from the Attorney General of Texas to EPA, January 11, 1994, though not incorporated by reference, is referenced as part of the approved underground storage tank program under Subtitle I of RCRA, 42 U.S.C. 6991 et seq.

(3) Demonstration of procedures for adequate enforcement. The “Demonstration of Procedures for Adequate Enforcement” submitted as part of the original application on April 28, 1994, though not incorporated by reference, is referenced as part of the approved underground storage tank program under subtitle I of RCRA, 42 U.S.C. 6991 et seq.

(4) Program description. The program description and any other material submitted as part of the original application on April 28, 1994, though not incorporated by reference, are referenced as part of the approved underground storage tank program under Subtitle I of RCRA, 42 U.S.C. 6991 et seq.

(5) Memorandum of Agreement. The Memorandum of Agreement between EPA Region 6 and the Texas Natural Resource Conservation Commission, signed by the EPA Regional Administrator on January 13, 1995, though not incorporated by reference, is referenced as part of the approved underground storage tank program under subtitle I of RCRA, 42 U.S.C. 6991 et seq.

[61 FR 1224, Jan. 18, 1996]

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(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 theFederal Register.

(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 program under subtitle I of RCRA, 42 U.S.C. 6991 et seq.

[60 FR 52344, Oct. 6, 1995]

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(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 theFederal Register.

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

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

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

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

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

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

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

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

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

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

(2) Statement of legal authority. (i) “Attorney General's Statement for Final Approval,” signed by the Attorney General of Vermont on April 11, 1991, though not incorporated by reference, is referenced as part of the approved underground storage tank program under Subtitle I of RCRA, 42 U.S.C. 6991 et seq.

(ii) Letter from the Attorney General of Vermont to EPA, April 11, 1991, though not incorporated by reference, is referenced as part of the approved underground storage tank program under Subtitle I of RCRA, 42 U.S.C. 6991 et seq.

(3) Demonstration of procedures for adequate enforcement. The “Demonstration of Procedures for Adequate Enforcement” submitted as part of the original application in May 1991, though not incorporated by reference, is referenced as part of the approved underground storage tank program under Subtitle I of RCRA, 42 U.S.C. 6991 et seq.

(4) Program description. The program description and any other material submitted as part of the original application in May 1991, though not incorporated by reference, are referenced as part of the approved underground storage tank program under Subtitle I of RCRA, 42 U.S.C. 6991 et seq.

(5) Memorandum of Agreement. On March 2, 1992, EPA and the Vermont Department of Environmental Conservation signed the Memorandum of Agreement. Though not incorporated by reference, the Memorandum of Agreement is referenced as part of the approved underground storage tank program under Subtitle I of RCRA, 42 U.S.C. 6991 et seq.

[60 FR 47301, Sept. 12, 1995]

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

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

(c) To retain program approval, Virginia must revise its approved program to adopt new changes to the Federal Subtitle I program which make it more stringent, in accordance with section 9004 of RCRA, 42 U.S.C. 6991c, and 40 CFR part 281, subpart E. If Virginia obtains approval for the revised requirements pursuant to section 9004 of RCRA, 42 U.S.C. 6991c, the newly approved statutory and regulatory provisions will be added to this subpart and notice of any change will be published in theFederal Register.

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

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

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

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

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

(A) The statutory provisions include:

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

Section 10.1–1186  General powers of the department

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

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

Section 62.1–44.15  Powers and duties

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

Section 62.1–44.20  Right to entry to obtain information

Section 62.1–44.21  Information to be furnished to Board

Section 62.1–44.21  Private rights not affected

Section 62.1–44.23  Enforcement by injunction

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

Section 62.1–44.24  Testing validity of regulations; judicial review

Section 62.1–44.25  Right to hearing

Section 62.1–44.26  Hearings

Section 62.1–44.27  Rules of evidence in hearings

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

Section 62.1–44.29  Judicial review

Section 62.1–44.30  Appeal to Court of Appeals

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

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

Section 62.1–44.32  Penalties

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

(A) The statutory provisions include:

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

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

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

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

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

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

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

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

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

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

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

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

(4) Program Description. The program description and any other material submitted as part of the original application on July 15, 1998, though not incorporated by reference, are referenced as part of the approved underground storage tank program in accordance with Subtitle I of RCRA, 42 U.S.C. 6991 et seq.

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

[69 FR 33313, June 15, 2004]

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

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

(c) To retain program approval, West Virginia must revise its approved program to adopt new changes to the Federal Subtitle I program which make it more stringent, in accordance with section 9004 of RCRA, 42 U.S.C. 6991c, and 40 CFR part 281, subpart E. If West Virginia obtains approval for the revised requirements pursuant to section 9004 of RCRA, 42 U.S.C. 6991c, the newly approved statutory and regulatory provisions will be added to this subpart and notice of any change will be published in theFederal Register.

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

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

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

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

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

(A) The statutory provisions include:

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

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

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

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

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

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

Section 22–17–16  Civil penalties

Section 22–17–17  Public participation

Section 22–17–18  Appeal to environmental quality board

Section 22–17–23  Duplicative enforcement prohibited

( 2 ) [Reserved]

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

(A) The statutory provisions include:

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

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

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

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

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

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

( 2 ) [Reserved]

(B) The regulatory provisions include:

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

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

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

Section 33–30–5  Carriers

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

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

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

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

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

(4) Program Description. The program description and any other material submitted as part of the original application on July 7, 1997, though not incorporated by reference, are referenced as part of the approved underground storage tank program in accordance with Subtitle I of RCRA, 42 U.S.C. 6991 et seq.

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

[69 FR 33311, June 15, 2004]

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(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 theFederal 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 theFederal Registerconcurrently with this notice, and to be effective on March 31, 1998. Copies may be obtained from the Underground Storage Tank Program, Puerto Rico Environmental Quality Board, 431 Ponce De Leon Avenue, Nacional Plaza, Suite 614, Hato Rey, PR 00917, Phone: (787) 767–8109.

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

(A) Puerto Rico Statutory Requirements Applicable to the Underground Storage Tank Program, 1997.

(B) Puerto Rico Regulatory Requirements Applicable to the Underground Storage Tank Program, 1997.

(ii) The following specifically identified sections and rules in the Commonwealth of Puerto Rico's statutes, regulations and rules are part of the approved Commonwealth program, although not incorporated by reference herein for enforcement purposes.

(A) The statutory provisions include:

( 1 ) Public Policy Environmental Act of 1970, Act Number 9, June 18, 1970, as amended, 12 Laws of Puerto Rico Annotated (L.P.R.A.) §1121 et seq.

( i ) Section 1131 Functions and duties [Insofar as paragraphs (10), (12), (13), (19), (22), (23), (25), (26), (29), and (30) set forth enforcement authorities.]

( ii ) Section 1134 Hearings, orders and judicial proceedings

( iii ) Section 1136 Penalty

( iv ) Section 1139 Civil actions

( v ) Section 1142 Powers [Insofar as (b)(5) sets forth enforcement authorities.]

( 2 ) Puerto Rico Environmental Emergency Fund Act, 12 L.P.R.A. §1269 et seq.

(B) The regulatory provisions include:

( 1 ) Underground Storage Tank Control Regulations, Regulation Number 4362, promulgated by the Commonwealth of Puerto Rico Environmental Quality Board on November 7, 1990.

( 2 ) Part X—General Provisions.

( i ) Rule 1005 Right of Entry

( ii ) Rule 1007 Notice of Violation and Compliance Order

( iii ) Rule 1008 Closure of an Underground Storage Tank

( iv ) Rule 1010  Penalties

(C) Other provisions include:

( 1 ) Puerto Rico Civil Procedure Rules of 1979, 32 L.P.R.A. Appendix III

( 2 ) Rules of Administrative Procedure for Hearings in Environmental Quality Board, Regulation Number 3672, promulgated on October 19, 1988.

(iii) The following specifically identified sections and rules in the Commonwealth of Puerto Rico's statutes, regulations and rules are broader in scope than the federal program, are not part of the approved program, and are not incorporated by reference herein for enforcement purposes.

(A) The statutory provisions include:

( 1 ) Public Policy Environmental Act of 1970, Act Number 9, June 18, 1970, as amended, 12 Laws of Puerto Rico Annotated (L.P.R.A.) §§1121 et seq.

( i ) Section 1131—Functions and duties [Insofar as paragraph (13) addresses permit and license requirements and associated fees, as well as the NPDES and UIC programs; and paragraph (34) relates solely to the solid and hazardous waste programs.]

( ii ) Section 1132—Transfer of powers

( iii ) Section 1135—Character of Board for federal purposes [Insofar as it addresses permit requirements.]

( iv ) Section 1138—Effectiveness of previous documents [Insofar as it addresses permit and licensing requirements.]

(B) The regulatory provisions include:

( 1 ) Underground Storage Tank Control Regulations, Regulation Number 4362, promulgated by the Commonwealth of Puerto Rico Environmental Quality Board on November 7, 1990.

( i ) Part VI—Release Response and Corrective Action for UST Systems Containing Petroleum or Hazardous Substances: Rule 603—Initial Abatement Measures and Site Check [Insofar as 603(A)(5) requires owners and operators to obtain permits or franchises for drilling and installation of groundwater monitoring and/or extraction wells.]; Rule 605—Free Product Removal [Insofar as 605(A) and 605(D)(6) require owners and operators to obtain permits or franchises for drilling and installation of water monitoring and/or extraction wells.].

( ii ) Part XII—Fee Rules [Insofar as fees are broader in scope than the federal program.]: Rule 1201—Applicability; Rule 1202—Annual Notification Fees; Rule 1203—Fee Relative to Transfer of Ownership; Rule 1204—Fees for Duplication of Records; Rule 1205—Fee Payments; Rule 1206—Exemptions from Fees; Rule 1207—Fees for Revision of Permanent Closure Plans; Rule 1208—Fees for Annual Re-certification of UST Facilities.

(2) Statement of legal authority. The Attorney General Statement, a letter signed on July 2, 1997, though not incorporated by reference, is referenced as part of the approved underground storage tank program under subtitle I of RCRA, 42 U.S.C. 6991 et seq.

(3) Demonstration of procedures for adequate enforcement. The “Demonstration of Procedures for Adequate Enforcement” submitted as part of the application for approval on January 17, 1996, though not incorporated by reference, is referenced as part of the approved underground storage tank program under subtitle I of RCRA, 42 U.S.C. 6991 et seq.

(4) Program description. The program description and any other material submitted as part of the application on January 17, 1996 and supplemented on April 17, 1997, though not incorporated by reference, are referenced as part of the approved underground storage tank program under subtitle I of RCRA, 42 U.S.C. 6991 et seq.

(5) Memorandum of Agreement. The Memorandum of Agreement between EPA Region 2 and the Puerto Rico Environmental Quality Board, signed by an authorized representative of the Environmental Quality Board on March 7, 1997 and subsequently by an authorized representative of EPA, though not incorporated by reference, is referenced as part of the approved underground storage tank program under subtitle I of RCRA, 42 U.S.C. 6991 et seq.

[63 FR 4593, Jan. 30, 1998]

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Link to an amendment published at 73 FR 53745, September 17, 2008.

The following is an informational listing of the state requirements incorporated by reference in part 282 of the Code of Federal Regulations:

Alabama

(a) The statutory provisions include Code of Alabama 1975, Title 22, Chapter 36, Underground Tank and Wellhead Protection Act:

Section 1  Short title.

Section 2  Definitions.

Section 3  Rules and regulations governing underground storage tanks.

Section 4  Information to be furnished by owner upon request of department; owner to permit access to records and entry and inspection of facilities.

Section 6  Expenditure of funds from leaking underground storage tank trust fund; investigative and corrective powers in regard to administration of funds; liability of owner or operator for costs.

Section 8  Availability to public of records, reports, or information obtained under chapter.

Section 10  Rules and regulations.

(b) The regulatory provisions include Alabama Department of Environmental Management, Administrative Code, Division 6, Water Quality Program, Volume II, revised effective: June 1, 1994, Chapter 335–6–15: Technical Standards, Corrective Action Requirements and Financial Responsibility for Owners and Operators of Underground Storage Tanks.

Section 01  Purpose.

Section .02  Definitions.

Section .03  Applicability.

Section .04  Interim Prohibition for Deferred UST Systems.

Section .05  Notification, except those USTs taken out of operation on or before January 1, 1974.

Section .06  Performance Standards for New UST Systems.

Section .07  Upgrading of Existing UST Systems.

Section .08  Plans and Specifications.

Section .09  Spill and Overfill Control.

Section .10  Operation and Maintenance of Corrosion Protection.

Section .11  Compatibility.

Section .12  Repairs Allowed.

Section .13  Reporting and Recordkeeping.

Section .14  General Release Detection Systems for all UST Systems.

Section .15  Release Detection Requirements for Petroleum UST Systems.

Section .16  Release Detection Requirements for Hazardous Substance UST Systems.

Section .17  Methods of Release Detection for Tanks.

Section .18  Methods of Release Detection for Pipes.

Section .19  Release Detection Recordkeeping.

Section .20  Reporting of Suspected Releases.

Section .21  Investigation Due to Environmental Impact.

Section .22  Release Investigation and Confirmation Steps.

Section .23  Reporting and Clean-up of Spills and Overfills.

Section .24  Initial Release Response.

Section .25  Initial Abatement Measures and Preliminary Investigation.

Section .26  Preliminary Investigation Requirements.

Section .27  Free Product Removal.

Section .28  Secondary Investigation Requirements.

Section .29  Corrective Action Plan.

Section .30  Corrective Action Limits for Soils.

Section .31  Corrective Action Limits for Ground Water.

Section .32  Alternative Corrective Action Limits.

Section .33  Risk Assessment.

Section .34  Public Participation.

Section .35  Analytical Requirements.

Section .36  Temporary Closure.

Section .37  Permanent Closure.

Section .38  Site Closure or Change-in-Service Assessments.

Section .39  Applicability to Previously Closed UST Systems.

Section .40  Closure Records.

Section .41  Alternate or Temporary Drinking Water Source.

Section .42  Availability to Public of Records, Reports or information.

Section .43  Access to Records.

Section .44  Entry and Inspection of Facilities.

Section .46  Financial Responsibility for Petroleum UST Owners and Operators.

Section .48  Severability.

Arkansas

(a) The statutory provisions include:

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

Section 8–7–801  Definitions and exceptions

Section 8–7–803  Regulations generally

Section 8–7–804  Procedures of department generally

Section 8–7–807  Responsibility and liability of owner

Section 8–7–808  Regulated Substance Storage Tank Program Fund

Section 8–7–810  Insurance pools

Section 8–7–811  Trade secrets

Section 8–7–812  Subchapter controlling over other laws

Section 8–7–813  Registration

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

Section 8–7–901  Title

Section 8–7–902  Definitions

Section 8–7–903  Rules and Regulations—Powers of department [Except (c), which addresses aboveground storage tanks.]

Section 8–7–904  Advisory committee

Section 8–7–905  Petroleum Storage Tank Trust Fund

Section 8–7–906  Petroleum environmental assurance fee

Section 8–7–907  Payments for corrective action

Section 8–7–908  Third-party claims

Section 8–7–909  Confidential treatment of information

(b) The regulatory provisions include:

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

a. Chapter 1: General Provisions

Section 1: Purpose

Section 2: Authority

Section 3: Short Title

b. Chapter 2: Regulations Promulgated Under Acts 172 and 173 of 1989 and Act 65 of the Third Extraordinary Session of 1989 for Administration of the State Regulated Storage Tank Program

Section 1: Incorporation of Federal Regulations

Section 2: Arkansas Petroleum Storage Tank Trust Fund Act

Section 3: Definitions

c. Chapter 3: Fees

Section 1: Underground and Aboveground Storage Tank Registration Fees [Except insofar as it applies to aboveground storage tanks.]

Section 2: Underground Storage Tank Licensing Fees

Section 3: Late Payment Penalties

Section 4: Refusal or Failure to Pay Fees

d. Chapter 4: Petroleum Storage Tank Trust Fund Release Reimbursement

Section 1: Purpose

Section 2: Amount of Reimbursement

Section 3: Initial Fund Eligibility

Section 4: Loss and Restoration of Initial Fund Eligibility

Section 5: Corrective Action Reimbursement Procedure

Section 6: Reimbursement Application Review

Section 7: Allowable Costs

Section 8: Reasonable Costs

Section 9: Audits

Section 10: Deductible

Section 11: Third Party Claim Reimbursement Procedure

Section 12: Compliance

Section 13: Fund Availability

Section 14: Cost Recovery

e. Chapter 7: Confidentiality

Section 1: Confidentiality Requests

Section 2: Responsibility

Section 3: Submission Procedure

Section 4: Requirements for Protection

Section 5: Acceptability of Information

Section 6: Security

f. Chapter 9: Severability

g. Chapter 10: Effective Date

Connecticut

(a) The statutory provisions include Connecticut's General Statutes, Chapter 446k, Section 22a–449(d), Duties and Powers of Commissioner, January 1, 1995.

(b) The regulatory provisions include Regulations of Connecticut State Agencies (“R.C.S.A.”) Sections 22a–449(d)–101 through 113, Underground Storage Tank System Management, July 28, 1994:

Section 22a–449(d)–101  Technical Standards and Corrective Action Requirements for Owners and Operators of Underground Storage Tanks—Program Scope and Interim Prohibition

(a) Applicability of Sections 22a–449(d)–101 through 22a–449(d)–113.

(b) Interim Prohibition for deferred UST systems.

(c) General.

(d) Definition.

Section 22a–449(d)–102  UST Systems: Design, Construction, Installation, and Notification

(a) Performance standards for new UST systems.

(b) Notification Requirements.

Section 22a–449(d)–103  General Operating Requirements

(a) Spill and overflow control.

(b) Operating and maintenance of corrosion protection.

(c) Compatibility.

(d) Repairs allowed.

(e) Reporting and recordkeeping.

Section 22a–449(d)–104  Release Detection

(a) General requirements for all UST systems.

(b) Additional requirements.

(c) Requirements for petroleum UST systems.

(d) Requirements for hazardous substance UST systems.

(e) Methods of release detection for tanks.

(f) Methods of release detection for piping.

(g) Release detection recordkeeping.

Section 22a–449(d)–105  Release Reporting, Investigation, and Confirmation

(a) Reporting of suspected releases.

(b) Investigation due to off-site impacts.

(c) Release investigation and confirmation steps.

(d) Reporting and cleanup of spills and overfills.

Section 22a–449(d)–106  Release Response and Corrective Action for UST Systems Containing Petroleum or Hazardous Substances

(a) General.

(b) Additional requirements.

(c) Initial response.

(d) Initial abatement measures and site check.

(e) Initial site characterization.

(f) Free product removal.

(g) Investigations for soil and ground-water cleanup.

(h) Corrective action plan.

(i) Public participation.

Section 22a–449(d)–107  Out-of-service UST Systems and Closure

(a) Temporary closure.

(b) Permanent closure.

(c) Assessing the site at closure.

(d) Applicability to previously closed UST systems.

(e) Closure records.

Section 22a–449(d)–108  Reserved

Section 22a–449(d)–109  Financial Responsibility

(a) Applicability.

(b) Compliance dates.

(c) Definition of terms.

(d) Amount and scope of required financial responsibility.

(e) Allowable mechanisms and combinations of mechanisms.

(f) Financial test of self-insurance.

(g) Guarantee.

(h) Insurance risk retention group coverage.

(i) Surety bond.

(j) Letter of credit.

(k) Use of state-required mechanism.

(l) State fund and other state assurance.

(m) Trust fund.

(n) Standby trust fund.

(o) Substitution of financial assurance mechanisms by owner or operator.

(p) Cancellation or non-renewal by a provider of financial assurance.

(q) Reporting by owner or operator.

(r) Record keeping.

(s) Drawing of financial assurance mechanisms.

(t) Release from the requirements.

(u) Bankruptcy or other incapacity of owner or operator or provider of financial assurance.

(v) Replenishment of guarantees, letters of credit, or, surety bonds.

(w) Suspension of enforcement. [Reserved]

(x) 40 CFR Part 280 Appendix I is incorporated by reference, in its entirety.

(y) Appendix II to 40 CFR Part 280—List of Agencies Designed to Receive Notification.

(z) Appendix III to 40 CFR Part 280—Statement for Shipping Tickets and Invoices.

Section 22a–449(d)–110  UST system upgrading, abandonment and removal date

(a) Petroleum UST system of which construction or installation began prior to November 1, 1985.

(b) Hazardous substance UST system of which construction or installation began prior to December 22, 1988.

(c) UST systems which comply with the standards specified in subsection 22a–449(d)–102(a) of these regulations.

Section 22a–449(d)–111  Life Expectancy

(a) How life expectancy determinations shall be conducted

(b) Life expectancy shall be as follows:

(c) The life expectancy of an UST system component.

Section 22a–449(d)–112  UST System Location Transfer

Section 22a–449(d)–113  Transfer of UST System Ownership, Possession, or Control

(a) Disclosure to transferee.

(b) Information submitted to the commissioner pursuant to section 22a–449(d)–102 of these regulations.

Georgia

(a) The statutory provisions include 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.

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

Chapter 136.4—Amount and scope of required financial responsibility

Chapter 136.5—Allowable mechanisms and combinations of mechanisms

Chapter 136.6—Financial test of self-insurance

Chapter 136.7—Guarantee

Chapter 136.8—Insurance and risk retention group coverage

Chapter 136.9—Surety bond

Chapter 136.10—Letter of credit

Chapter 136.11—Trust fund

Chapter 136.12—Standby trust fund

Chapter 136.13—Local government bond rating test

Chapter 136.14—Local government financial test

Chapter 136.15—Local government guarantee

Chapter 136.16—Local government fund

Chapter 136.17—Substitution of financial assurance mechanisms by owner or operator

Chapter 136.18—Cancellation or nonrenewal by a provider of financial assurance

Chapter 136.19—Reporting by owner or operator

Chapter 136.20—Record keeping

Chapter 136.21—Drawing on financial assurance mechanisms

Chapter 136.22—Release from the requirements

Chapter 136.23—Bankruptcy or other incapacity of owner or operator or provider of financial assurance

Chapter 136.24—Replenishment of guarantees, letters of credit, or surety bonds.

Kansas

(a) The statutory provisions include Kansas Statutes Annotated, 1992; Chapter 65, Public Health; Article 34, Kansas Storage Tank Act:

Section 100  Statement of legislative findings

Section 101  Citation of Act

Section 102  Definitions

Section 103  Exceptions to application of Act

Section 104  Notification

Section 105  Rules and regulations, except for 65–34, 105 (a)(2), (a)(8), (a)(11), (a)(12) and the following words in (a)(13), “and aboveground storage tanks in existence on July 1, 1992” and “and aboveground storage tanks placed in service prior to July 1, 1992”

Section 106  Permits to construct, install, modify, or operate storage tank, except for the following words in 65–34, 106(a), “and any aboveground storage tank registered with the department on July 1, 1992”

Section 107  Evidence of financial responsibility required; limitation of liability

Section 115  Liability for costs of corrective action

Section 118  Corrective action; duties of owners and operators; duties of Secretary; consent agreement; contents, except for the following words in 65–34, 118(b), “or from the aboveground fund if the release was from an aboveground petroleum storage tank.” and “or from the aboveground fund, if the release was from an aboveground petroleum storage tank.”

(b) The regulatory provisions include Kansas Administrative Regulations, 1992; Chapter 28, Department of Health and Environment; Article 44, Petroleum Products Storage Tanks:

Section 12  General provisions

Section 13  Program scope and interim prohibition

Section 14  Definitions

Section 15  Application for installation or modification of an underground storage tank

Section 16  Underground storage tank systems: design, construction, installation and notification

Section 17  Underground storage tank operating permit

Section 19  General operating requirements

Section 23  Release detection, except for 28–44–23(b)(5)

Section 24  Release reporting, investigation, and confirmation

Section 25  Release response and corrective action for underground storage tank systems containing petroleum or hazardous substances

Section 26  Out-of-service underground storage tank systems and closure

Section 27  Financial responsibility

Louisiana

(a) The statutory provisions include:

1. Louisiana Environmental Quality Act, Louisiana Revised Statutes Title 30

Section 2194  Underground Storage Tanks; Registration

Section 2195  Underground Storage Tank Trust Fund

Section 2195.1  Underground Motor Fuel Storage Tank Remediation Agreements

Section 2195.2  Uses of the Trust

Section 2195.3  Source of Funding; Limitations on Disbursements from the Trust; Limit on Amount in Trust

Section 2195.4  Procedures for Disbursements from the Fund Trust

Section 2195.5  Audits

Section 2195.6  Ownership of Trust

Section 2195.7  No Inference of Liability on the Part of the State

Section 2195.8  Advisory Board

Section 2195.9  Financial Responsibility

Section 2195.10  Voluntary Cleanup, Private Contracts; Exemptions

(b) The regulatory provisions include:

1. Louisiana Environmental Regulatory Code, Part XI: Underground Storage Tanks, Chapter 1—Program Applicability and Definitions

Section 101  Applicability

Section 103  Definitions

2. Chapter 3—Registration Requirements, Standards, and Fee Schedule

Section 301  Registration Requirements

Section 303  Standards for UST Systems

Section 305  Interim Prohibitions for Deferred UST Systems

Section 307  Fee Schedule

3. Chapter 5—General Operating Requirements

Section 501  Spill and Overfill Control

Section 503  Operation and Maintenance of Corrosion Protection

Section 505  Compatibility

Section 507  Repairs Allowed

Section 509  Reporting and Recordkeeping

4. Chapter 7—Methods of Release Detection and Release Reporting, Investigation, Confirmation, and Response

Section 701  Methods of Release Detection

Section 703  Requirements for Use of Release Detection Methods

Section 705  Release Detection Recordkeeping

Section 707  Reporting of Suspected Releases

Section 709  Investigation due to Off-site Impacts

Section 711  Release Investigation and Confirmation Steps

Section 713  Reporting and Cleanup of Spills and Overfills

Section 715  Release Response and Corrective Action for UST Systems Containing Petroleum or Hazardous Substances

5. Chapter 9—Out-of-Service UST Systems and Closure

Section 901  Applicability to Previously Closed UST Systems

Section 903  Temporary Closure

Section 905  Permanent Closure and Changes-in-Service

Section 907  Assessing the Site at Closure or Changes-in-Service

6. Chapter 11—Financial Responsibility

Section 1101  Applicability

Section 1103  Compliance Dates

Section 1105  Definition of Terms

Section 1107  Amount and Scope of Required Financial Responsibility

Section 1109  Allowable Mechanisms and Combinations of Mechanisms

Section 1111  Financial Test of Self-Insurance

Section 1113  Guarantee

Section 1115  Insurance and Risk Retention Group Coverage

Section 1117  Surety Bond

Section 1119  Letter of Credit

Section 1121  Use of the Underground Motor Fuel Storage Tank Trust

Section 1123  Trust Fund

Section 1125  Standby Trust Fund

Section 1127  Substitution of Financial Assurance Mechanisms by Owner or Operator

Section 1129  Cancellation or Nonrenewal by a Provider of Financial Assurance

Section 1131  Reporting by Owner or Operator

Section 1133  Recordkeeping

Section 1135  Drawing on Financial Assurance Mechanisms

Section 1137  Release from the Requirements

Section 1139  Bankruptcy or Other Incapacity of Owner or Operator or Provider of Financial Assurance

Section 1141  Replenishment of Guarantees, Letters of Credit, or Surety Bonds

Maine

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

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

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

Minnesota

(a) The statutory provisions include:

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

M. S. 13.01  Government Data

M. S. 13.02  Collection, security, and dissemination of records; definitions

M. S. 13.03  Access to government data

M. S. 13.04  Rights of subjects of data

M. S. 13.05  Duties of responsible authority

M. S. 13.06  Temporary classification

M. S. 13.07  Duties of the commissioner

M. S. 13.3806  Public health data coded elsewhere; subd. 1–3, 6, 10, 20: Scope; Certain epidemiologic studies; Public health studies; Health records; Health threat procedures; Hazardous substance exposure

M. S. 13.741  Pollution control; environmental quality data

M. S. 13.7411  Pollution control and environmental quality data coded elsewhere; subd. 1–3, 5–7: Scope; Environmental audits, performance schedules; Office of environmental assistance; Environmental response and liability; Petroleum tank release; Toxic pollution prevention plans

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

M. S. 115.01  Definitions

M. S. 115.061  Duty to notify and avoid water pollution

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

M. S. 115B.17  State Response to Releases; subd. 1–3, 12–14: Removal and remedial action; Other actions; Cleanup standards; Public notice of proposed response actions; Duty to provide information; Authorization of certain response actions; Priorities; rules; Requests for review, investigation, and oversight

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

M. S. 115C.01  Citation

M. S. 115C.02  Definitions

M. S. 115C.021  Responsible person

M. S. 115C.03  Response to releases [except subd. 10 insofar as it applies to contractors and consultants, who are not regulated under the federal program.]

M. S. 115C.06  Effect on other law

M. S. 115C.07  Petroleum tank release compensation board

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

M. S. 115C.09  Reimbursement [except subd. 5(b) and 6, which set forth enforcement authorities]

M. S. 115C.092  Tank Removals; Payment for pre-removal site assessment

(5) Minnesota Statutes, Chapter 115E, Oil and Hazardous Substance Discharge Preparedness

M. S. 115E.01  Definitions

M. S. 115E.02  Duty to prevent discharges

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

M. S. 116.06  Definitions

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

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

M. S. 116.48  Notification requirements [except subd. 1(b), insofar as it requires owners of aboveground storage tanks (ASTs) to notify the agency of the tank's status; subd. 2 and 6, insofar as they impose requirements on owners of ASTs; subd. 3, insofar as it imposes notification requirements on owners of ASTs removing a tank from service or changing the tank's service; subd. 4, insofar as it places notification requirements on persons transferring the title to regulated substances to be placed directly into an UST; and subd. 5, insofar as it imposes notification requirements on sellers of ASTs.]

M. S. 116.49  Environmental protection requirements

(7) Minnesota Statutes, Chapter 299F, Fire Marshal

M. S. 299F.011  Uniform Fire Code; adoption; subd. 1, 3, 4: Authority; Rules for code administration and enforcement; Applicability; local authority

M. S. 299F.19  Flammable liquids and explosives; subd. 1: Rules

(b) The regulatory provisions include:

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

2890.0010  Definitions

2890.0060  Reimbursement of Costs

2890.0065  Reduction of Reimbursement Amount

2890.0070  Eligible Costs

2890.0071  Ineligible Costs

2890.0072  Overview of Rules Governing Reasonableness of Costs for Consultant Services

2890.0073  Definitions Related to Consultant Services

2890.0074  Written Proposal and Invoice Required for Consultant Services

2890.0075  Reasonableness of Work Performed; Standard Tasks for Each Step of Consultant Services

2890.0076  Maximum Costs for Consultant Services

2890.0077  Competitive Bidding Requirements for Consultant Services Proposals

2890.0078  Deviations from Standard Tasks and Maximum Costs for Consultant Services

2890.0079  Reasonable, Necessary, and Actual Consultant Services Costs

2890.0080  Overview of Rules Governing Reasonableness of Costs for Contractor Services

2890.0081  Definitions Related to Contractor Services

2890.0082  Maximum Costs for Contractor Services

2890.0083  Competitive Bidding Requirements for Contractor Services

2890.0084  Deviations from Maximum Costs for Contractor Services

2890.0085  Reasonable, Necessary, and Actual Costs

2890.0086  Invoice

2890.0089  Exemptions from Competitive Bidding

2890.0090  Application Process

2890.0120  Funding of MPCA Actions

(2) Minnesota Rules, Chapter 7045—Minnesota Pollution Control Agency, Hazardous Waste Division, Hazardous Waste

7045.0275  Management of Hazardous Waste Spills

(3) Minnesota Rules, Chapter 7060–Minnesota Pollution Control Agency, Water Quality Division, Underground Waters

7060.0300  Definitions

7060.0500  Nondegradation Policy

7060.0600  Standards; subp. 2, 3, 4: Prohibition against discharge into unsaturated zone; Control measures; Toxic pollutants

7060.0800  Determination of Compliance

(4) Minnesota Rules, Chapter 7105–Minnesota Pollution Control Agency, Water Quality Division, Underground Storage Tanks: Training

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

7105.0020  Purpose

7105.0030  General Provisions; subp. 3: Tank owner or operator requirements

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

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

7150.0010  Applicability [except subp. 2, insofar as it does not exclude from regulation liquid traps or associated gathering lines directly related to oil or gas production or gas production and gathering operations; subp. 2(H), insofar as it does not exclude from regulation tanks of 1,100 gallons or more used exclusively for storing heating oil for consumptive use; and subp. 5, insofar as it does not exclude owners and operators of heating oil storage tanks with a storage capacity of greater than 1,100 gallons from notification requirements.]

7150.0020  Interim Standards for Deferred Underground Storage Tank Systems

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

7150.0100  Performance Standards for New Underground Storage Tank Systems

7150.0110  Upgrading of Existing Underground Storage Tank Systems

7150.0120  Notification Requirements

7150.0200  Spill and Overfill Control

7150.0210  Operation and Maintenance of Corrosion Protection

7150.0220  Compatibility

7150.0230  Repairs Allowed

7150.0240  Reporting and Recordkeeping

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

7150.0310  Requirements for Petroleum Underground Storage Tank Systems

7150.0320  Requirements for Hazardous Material Underground Storage Tank Systems

7150.0330  Methods of Release Detection for Tanks

7150.0340  Methods of Release Detection for Piping

7150.0350  Release Detection Recordkeeping

7150.0400  Temporary Closure

7150.0410  Permanent Closure and Changes-in-Service to Storage of Nonregulated Substances

7150.0420  Assessing the Site at Closure or Change in Service

7150.0430  Applicability to Previously Closed Underground Storage Tank Systems

7150.0440  Closure Records

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

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

Mississippi

(a) The statutory provisions include:

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

49–17–401  Short title

49–17–403  Definitions

49–17–405  Groundwater protection fund; duties of executive director; liability of tank owners; limitation on provisions of chapter and section

49–17–407  Environmental protection fee on motor fuels; deposit of fees; limits on use of fund; third party claims

49–17–409  Reports of contamination incidents; no recourse against tank owner; exceptions

49–17–411  Compliance with regulations

49–17–413  Rules and Regulations

49–17–417  Groundwater protection advisory committee

49–17–419  Authority of commission to take timely and effective corrective action; use of funds from pollution emergency fund

49–17–421  Tank regulatory fee

49–17–423  Commission to administer funds from Leaking Underground Storage Tank Trust Fund

49–17–425  Disclosure of records, reports, and information

49–17–433  Savings clause

49–17–435  Annual report on status of underground storage tank program

(b) The regulatory provisions include:

1. Technical Standards and Corrective Action Requirements for Owners and Operators of Underground Storage Tanks.

Subpart A—Program Scope and Interim Prohibition

280.10  Applicability

280.11  Interim Prohibition for deferred UST systems

280.12  Definitions

Subpart B—UST Systems: Design, Construction, Installation, and Notification

280.20  Performance standards for new UST systems

280.21  Upgrading of existing UST systems

280.22  Notification requirements

Subpart C—General Operating Requirements

280.30  Spill and overfill control

280.31  Operation and maintenance of corrosion protection

280.32  Compatibility

280.33  Repairs allowed

280.34  Reporting and recordkeeping

Subpart D—Release Detection

280.40  General requirements for all UST systems

280.41  Requirements for petroleum UST systems

280.42  Requirements for hazardous substance UST systems

280.43  Methods of release detection for tanks

280.43  Methods of release detection for piping

280.44  Release detection recordkeeping

Subpart E—Release Reporting, Investigation, and Confirmation

280.50  Reporting of suspected releases

280.51  Investigation due to off-site impacts

280.52  Release investigation and confirmation steps

280.53  Reporting and cleanup of spills and overfills

Subpart F—Release Response and Corrective Action for UST Systems Containing Petroleum or Hazardous Substances

280.60  General

280.61  Initial response

280.62  Initial abatement measures and site check

280.63  Initial site characterization

280.64  Free product removal

280.65  Investigations for soil and groundwater cleanup

280.66  Corrective action plan

280.67  Public participation

Subpart G—Out-of-Service UST Systems and Closure

280.70  Temporary closure

280.71  Permanent closure and changes-in-service

280.72  Assessing the site at closure or change-in-service

280.73  Applicability to previously closed UST systems

280.74  Closure records

2. Financial Responsibility Requirements for Underground Storage Tanks Containing Petroleum.

280.90  Applicability

280.91  Compliance dates

280.92  Definition of terms

280.93  Amount and scope of required financial responsibility

280.94  Allowable mechanisms and combinations of mechanisms

280.95  Financial test of self-insurance

280.96  Guarantee

280.97  Insurance and risk retention group coverage

280.98  Surety bond

280.99  Letter of credit

280.100  Use of state-required mechanism

280.101  State fund or other state assurance

280.102  Trust fund

280.103  Standby trust fund

280.104  Substitution of financial assurance mechanisms by owner or operator

280.105  Cancellation or nonrenewal by a provider of financial assurance

280.106  Reporting by owner or operator

280.107  Recordkeeping

280.108  Drawing on financial assurance mechanisms

280.109  Release from the requirements

280.110  Bankruptcy or other incapacity of owner or operator or provider of financial assurance

280.111  Replenishment of guarantees, letters of credit, or surety bonds

3. Mississippi Groundwater Protection Trust Fund Regulations.

Section I  General Intent

Section II  Legal Authority

Section III  Definitions

Section XIV  Eligibility for Reimbursement from the Mississippi Groundwater Protection Trust Fund

Section XV  Reimbursable Costs

Section XVI  Funds Disbursement

Section XVII  Third Party Claims

Section XVIII  Denial of Claims

Section XIX  Tank Regulatory Fees

Section XXI  Property Rights

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.

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.

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:

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

a. Part I: General Provisions

Section 100  Purpose

Section 101  Legal Authority

Section 102  Definitions

Section 103  Applicability

b. Part II: Registration of Tanks

Section 200  Existing Tanks

Section 201  Transfer of Ownership

Section 202  New UST System

Section 203  Substantially Modified UST Systems

Section 204  Notification of Spill or Release

Section 205  Emergency Repairs and Tank Replacement

Section 206  Application Forms

Section 207  Registration Certificate

c. Part III: Annual Fee

Section 300  Payment of Fee

Section 301  Amount of Fee

Section 302  Late Payment Penalties

d. Part IV: New and Upgraded UST Systems: Design, Construction, and Installation

Section 400  Performance Standards for New UST Systems

Section 401  Upgrading of Existing UST Systems

Section 402  Certificate of Compliance; Notification Requirements

e. Part V: General Operating Requirements

Section 500  Spill and Overfill Control

Section 501  Operation and Maintenance of Corrosion Protection

Section 502  Compatibility

Section 503  Repairs Allowed

Section 504  Reporting and Recordkeeping

Section 505  Inspections, Monitoring and Testing

f. Part VI: Release Detection

Section 600  General Requirements for All UST Systems

Section 601  Requirements for Petroleum UST Systems

Section 602  Requirements for Hazardous Substance UST Systems

Section 603  Methods of Release Detection for Tanks

Section 604  Methods of Release Detection for Piping

Section 605  Release Detection Recordkeeping

g. Part VII: Release Reporting, Investigation, and Confirmation

Section 700  Reporting of Suspected Releases

Section 701  Investigation Due to Off-Site Impacts

Section 702  Release Investigation and Confirmation Steps

Section 703  Reporting and Cleanup of Spills and Overfills

h. Part VIII: Out-of-Service Systems and Closure

Section 800  Temporary Closure

Section 801  Permanent Closure and Changes-in-Service

Section 802  Assessing the Site at Closure or Change-in-Service

Section 803  Applicability to Previously Closed UST Systems

Section 804  Closure Records

i. Part IX: Financial Responsibility

Section 900  Applicability

Section 901  Compliance Dates

Section 902  Definition of Terms

Section 903  Amount and Scope of Required Financial Responsibility

Section 904  Allowable Mechanisms and Combinations of Mechanisms

Section 905  Financial Test of Self-Insurance

Section 906  Guarantee

Section 907  Insurance and Risk Retention Group Coverage

Section 908  Surety Bond

Section 909  Letter of Credit

Section 910  Use of State-Required Mechanism

Section 911  State Fund or Other State Assurance

Section 912  Trust Fund

Section 913  Standby Trust Fund

Section 914  Substitution of Financial Assurance Mechanisms by Owner or Operator

Section 915  Cancellation or Nonrenewal by a Provider of Financial Assurance

Section 916  Reporting by Owner or Operator

Section 917  Recordkeeping

Section 918  Drawing on Financial Assurance Mechanisms

Section 919  Release from the Requirements

Section 920  Bankruptcy or Other Incapacity of Owner or Operator or Provider of Financial Assurance

Section 921  Replenishment of Guarantees, Letters of Credit, or Surety Bonds

Section 922  Suspension of Enforcement [Reserved]

j. Part XI: Miscellaneous

Section 1100  Compliance with Other Regulations

Section 1101  Construction

Section 1102  Severability

k. Part XII: Corrective Action for UST Systems Containing Petroleum

Section 1200  General

Section 1201  Definitions

Section 1202  Initial Response

Section 1203  Initial Abatement

Section 1204  72 Hour and 7 Day Reporting Requirements

Section 1205  On-Site Investigation

Section 1206  Report on the On-Site Investigation

Section 1207  Split Samples and Sampling Procedures

Section 1208  Free Product Removal

Section 1209  Treatment of Highly Contaminated Soils

Section 1210  Hydrogeologic Investigation

Section 1211  Review and Approval of Hydrogeologic Investigation

Section 1212  Reclamation Proposal

Section 1213  Public Notice of Reclamation Proposal

Section 1214  Review and Approval of Reclamation Proposal

Section 1215  Implementation of Reclamation Proposal

Section 1216  Quarterly Reports

Section 1217  Evaluation of Corrective Action System

Section 1218  Modification of Reclamation Proposal

Section 1219  Termination of Reclamation

Section 1220  Technical Infeasibility for Completion of Reclamation

Section 1221  Request for Extension of Time

Section 1222  Request for Variance

l. Part XIII: Corrective Action for UST Systems Containing Other Regulated Substances

Section 1300  General

Section 1301  Definitions

Section 1302  Initial Response

Section 1303  Initial Abatement

Section 1304  72 Hour and 7 Day Reporting Requirements

Section 1305  On-Site Investigation

Section 1306  Report on the On-Site Investigation

Section 1307  Split Samples and Sampling Procedures

Section 1308  Hydrogeologic Investigation

Section 1309  Review and Approval of Hydrogeologic Investigation

Section 1310  Reclamation Proposal

Section 1311  Public Notice of Reclamation Proposal

Section 1312  Review and Approval of Reclamation Proposal

Section 1313  Implementation of Reclamation Proposal

Section 1314  Quarterly Reports

Section 1315  Evaluation of Corrective Action System

Section 1316  Modification of Reclamation Proposal

Section 1317  Termination of Reclamation

Section 1318  Additional Water Quality Standards

Section 1319  Request for Extension of Time

Section 1320  Request for Variance

m. Part XV: Ground Water Protection Act Regulations

Section 1500  Purpose

Section 1501  Legal Authority

Section 1502  Definitions

Section 1503  Construction

Section 1504  Permissible Fund Expenditures

Section 1505  Priorities for Fund Expenditures

Section 1506  Site-Specific Allocation of Fund Monies

Section 1507  Reserved and Dedicated Fund Monies

Section 1508  Minimum Site Assessment

2. Corrective Action Fund Payment and Reimbursement Regulations

a. Part I: General Provisions

Section 101  Authority

Section 102  Purpose

Section 103  Applicability

Section 104  Definitions

b. Part II: Compliance Determinations

Section 201  General

Section 202  Determination of Compliance under Section 74–6B–8

Section 203  Compliance Determination Following Written Submission

c. Part III: Eligible and Ineligible Costs

Section 301  Minimum Site Assessment

Section 302  Corrective Action

d. Part IV: Application, Payment, and Reimbursement

Section 401  Application, Payment, and Reimbursement Process

e. Part V: Administrative Review

Section 501  Review by the Director on Written Submittal

Section 502  Request for Hearing on Determinations of Compliance and Cost Eligibility

Section 503  Notice of Docketing and Hearing Officer Assignment; Motions; Prehearing Procedures and Discovery; Hearing and Post-Hearing Procedures

f. Part VI: Miscellaneous Provisions

Section 601  Liberal Construction

Section 602  Severability

Section 603  Compliance

North Carolina

(a) The statutory provisions include:

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

§143–215.75  Title

§143–215.76  Purpose

§143–215.77  Definitions

§143–215.77A  Designation of hazardous substances and determination of quantities which may be harmful

§143–215.78  Oil pollution control program

§143–215.80  Confidential information

§143–215.81  Authority supplemental

§143–215.82  Local ordinances

§143–215.83  Discharges (Except insofar as (c) addresses permit requirements.)

§143–215.84  Removal of prohibited discharges

§143–215.85  Required notice

§143–215.86  Other State agencies and State-designated local agencies

§143–215.87  Oil or Other Hazardous Substances Pollution Protection Fund

§143–215.88  Payment to State agencies or State-designated local agencies

§143–215.89  Multiple liability for necessary expenses

§143–215.90  Liability for damage to public resources

§143–215.93  Liability for damage caused

§143–215.93A  Limitation on liability of persons engaged in removal of oil discharges

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

§143–215.94B  Commercial Leaking Petroleum Underground Storage Tank Cleanup Fund

§143–215.94D  Noncommercial Leaking Petroleum Underground Storage Tank Cleanup Fund

§143–215.94E  Rights and obligations of the owner and operator

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

§143–215.94H  Financial responsibility

§143–215.94I  Insurance pools authorized; requirements

§143–215.94J  Limitation of liability of the State of North Carolina

§143–215.94L  Adoption of rules; administrative procedure; short title; miscellaneous provisions

§143–215.94M  Reports

§143–215.94N  Applicability

§143–215.94O  Petroleum Underground Storage Tank Funds Council

§143–215.94P  Groundwater Protection Loan Fund

§143–215.94T  Adoption and implementation of regulatory program

§143–215.94V  Standards for petroleum underground storage tank cleanup

(b) The regulatory provisions include:

North Carolina Administrative Code, Title 15A—Department of Environment and Natural Resources; Chapter 2, Subchapter 2L: Groundwater Classification and Standards

1. Section .0100  General Considerations

.0101  Authorization

.0102  Definitions

.0103  Policy

.0104  Restricted Designation (RS)

.0105  Adoption by Reference (Repealed)

.0106  Corrective Action

.0107  Compliance Boundary

.0108  Review Boundary

.0109  Delegation

.0110  Monitoring

.0111  Reports

.0112  Analytical Procedures

.0113  Variance

.0114  Notification Requirements

.0115  Risk-Based Assessment and Corrective Action for Petroleum Underground Storage Tanks

2. Section .0200  Classifications and Groundwater Quality Standards

.0201  Groundwater Classifications

.0202  Groundwater Quality Standards

3. Section .0300  Assignment of Underground Water Classifications

.0301  Classifications: General

.0302  Statewide

.0303  Broad River Basin

.0304  Cape Fear River Basin

.0305  Catawba River Basin

.0306  Chowan River Basin

.0307  French Broad River Basin

.0308  Hiwassee River Basin

.0309  Little Tennessee River Basin

.0310  Savannah River Basin

.0311  Lumber River Basin

.0312  Neuse River Basin

.0313  New-Watauga River Basin

.0314  Pasquotank River Basin

.0315  Roanoke River Basin

.0316  Tar Pamlico River Basin

.0317  White Oak River Basin

.0318  Yadkin-Pee Dee River Basin

.0319  Reclassification

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

1. Section .0100  General Provisions

.0101  General (Except insofar as .0101(c) provides inspection and enforcement authority.)

.0102  Copies of referenced Federal regulations

.0103  Adoption by reference updates

.0104  Identification of tanks

2. Section .0200  Program Scope and Interim Prohibition

.0201  Applicability (Except insofar as it subjects USTs containing de minimis concentrations of regulated substances to closure requirements)

.0202  Interim prohibition for deferred UST systems

.0203  Definitions

3. Section .0300  UST Systems: Design, Construction, Installation, and Notification

.0301  Performance standards for new UST systems

.0302  Upgrading of existing UST systems

.0303  Notification requirements

4. Section .0400  General Operating Requirements

.0401  Spill and overfill control

.0402  Operation and maintenance of corrosion protection

.0403  Compatibility

.0404  Repairs allowed

.0405  Reporting and recordkeeping

5. Section .0500  Release Detection

.0501  General requirements for all UST systems

.0502  Requirements for petroleum UST systems

.0503  Requirements for hazardous substance UST systems

.0504  Methods of release detection for tanks

.0505  Methods of release detection for piping

.0506  Release detection recordkeeping

6. Section .0600  Release Reporting, Investigation, and Confirmation

.0601  Reporting of suspected releases

.0602  Investigation due to off-site impacts

.0603  Release investigation and confirmation steps

.0604  Reporting and cleanup of spills and overfills

7. Section .0700  Release Response and Corrective Action for UST Systems Containing Petroleum or Hazardous Substances

.0701  General

.0702  Initial response

.0703  Initial abatement measures and site check

.0704  Initial site characterization

.0705  Free product removal

.0706  Investigations for soil and ground water cleanup

.0707  Corrective action plan

.0708  Public participation

8. Section .0800  Out-of-Service UST Systems and Closure

.0801  Temporary closure

.0802  Permanent closure and changes-in-service (Except insofar as it subjects USTs containing de minimis concentrations of regulated substances to closure requirements)

.0803  Assessing the site at closure or change-in-service

.0804  Applicability to previously closed UST systems

.0805  Closure records

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

1. Section .0100  General Considerations

.0101  General (Except insofar as .0101(c) provides inspection and enforcement authority.)

.0102  Copies of referenced Federal regulations

.0103  Substituted sections

2. Section .0200  Program Scope

.0201  Applicability

.0202  Compliance dates

.0203  Definitions (Except insofar as (b)(1) defines “annual operating fee”)

.0204  Amount and scope of required financial responsibility

3. Section .0300  Assurance Mechanisms

.0301  Allowable mechanisms and combinations of mechanisms

.0302  Self insurance

.0303  Guarantee

.0304  Insurance and risk retention group coverage

.0305  Surety bond

.0306  Letter of credit

.0307  Standby trust fund

.0308  Insurance pools

.0309  Substitution of financial assurance mechanisms

.0310  Cancellation or nonrenewal by a provider of assurance

4. Section .0400  Responsibilities of Owners and Operators

.0401  Reporting by owner or operator

.0402  Record keeping (Except insofar as (b)(2) addresses annual operating fee requirements.)

5. Section .0500  Changes in Status

.0501  Drawing on financial assurance mechanisms

.0502  Release from the requirements

.0503  Incapacity of owner or operator or provider of assurance

.0504  Replenishment

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

1. Section .0100  General Considerations

.0101  General (Except insofar as .0101(d) provides inspection and enforcement authority.)

.0102  Copies of rules incorporated by reference

.0103  False or misleading information

2. Section .0200  Program Scope

.0201  Applicability (Except insofar as .0201(a) and (b) relate to annual operating fees.)

.0202  Definitions (Except insofar as .0202 (b)(1) relates to annual operating fees.)

3. Section .0300  Annual Operating Fees

.0302  Notification

4. Section .0400  Reimbursement Procedure

.0401  Eligibility of owner or operator (Except insofar as .0401(b) relates to annual operating fees.)

.0402  Cleanup costs

.0403  Third party claims

.0404  Requests for reimbursement

.0405  Method of reimbursement

.0406  Reimbursement apportionment

.0407  Final action

North Dakota

(a) The 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.

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

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

Pennsylvania

(a) The statutory provisions include:

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

35 PS Section 6021.101  Short title

35 PS Section 6021.102  Legislative findings

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

35 PS Section 6021.104   API

35 PS Section 6021.105  Advisory committee

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

35 PS Section 6021.107  Powers and duties of department ( except insofar as paragraphs (b), (c), (e), and (f) grant the Department enforcement authorities; and paragraph (d) establishes the Department's duties regarding a certification program )

35 PS Section 6021.109  Construction

35 PS Section 6021.110  Applicability of certain provisions to the Commonwealth

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

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

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

35 PS Section 6021.701  Financial responsibility 35 PS Section 6021.702 Storage Tank Fund ( except insofar as paragraph (a) addresses aboveground storage tanks )

35 PS Section 6021.703  Underground Storage Tank Indemnification Board

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

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

35 PS Section 6021.706  Eligibility of claimants

35 PS Section 6021.707  Audit

35 PS Section 6021.708 Performance review

35 PS Section 6021.710  Underground Storage Tank Environmental Cleanup Program

35 PS Section 6021.711  Underground Storage Tank Pollution Prevention Program

35 PS Section 6021.712  Upgrade Loan Program

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

35 PS Section 6021.2102  Saved from repeal

35 PS Section 6021.2103  Severability

35 PS Section 6021.2104  Repeals

35 PS Section 6021.2105  Effective date

(b) The regulatory provisions include:

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

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

Section 245.2  General

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

Section 245.301  Purpose

Section 245.302  Scope

Section 245.304  Investigation of suspected releases

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

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

Section 245.307  Affected or diminished water supplies

Section 245.308  Onsite storage of contaminated soil

Section 245.309  Site characterization

Section 245.310  Site characterization report

Section 245.311  Remedial action plan

Section 245.312  Remedial action

Section 245.313  Remedial action completion report

Section 245.314  Professional seals

Section 245.401  Purpose

Section 245.402  Scope

Section 245.403  Applicability

Section 245.404  Variances

Section 245.405  Codes and standards

Section 245.421  Performance standards for new underground storage tank systems

Section 245.422  Upgrading of existing underground storage tank systems

Section 245.423  Registration requirements

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

Section 245.431  Spill and overfill control

Section 245.432  Operation and maintenance including corrosion protection

Section 245.433  Compatibility

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

Section 245.435  Reporting and recordkeeping

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

Section 245.442  Requirements for petroleum underground storage tank systems

Section 245.443  Requirements for hazardous substance underground storage tank systems

Section 245.444  Methods of release detection for tanks

Section 245.445  Methods of release detection for piping

Section 245.446  Release detection recordkeeping

Section 245.451  Temporary closure

Section 245.452  Permanent closure and changes-in-service

Section 245.453  Assessing the site at closure or change-in-service

Section 245.454  Applicability to previously closed underground storage tank systems

Section 245.455  Closure records

Section 245.701  Purpose

Section 245.702  Scope

Section 245.703  Owner or operator financial responsibility

Section 245.704  General requirements

Section 245.705  Owner and operator liability

Section 245.706  Underground storage tanks not covered by USTIF

Section 245.707  Coverage amounts for financial responsibility

Section 245.708  Failure to maintain financial responsibility

Puerto Rico

(a) The statutory provisions include:

1. Public Policy Environmental Act of 1970, Act Number 9, June 18, 1970, as amended, 12 Laws of Puerto Rico Annotated (L.P.R.A.) §1121 et seq.

(1) Section 1121—Short title

(2) Section 1122—Purpose

(3) Section 1123—Declaration of policy

(4) Section 1124—Interpretation of legal provisions

(5) Section 1125—Duties of governmental agencies

(6) Section 1126—Savings clause

(7) Section 1127—Complementary character

(8) Section 1128—Annual report of Governor

(9) Section 1129—Creation of Board; composition; term

(10) Section 1130—Duties of Chairman

(11) Section 1130A—Consulting Council

(12) Section 1131—Functions and duties [Except paragraphs (10), (12), (19), (22), (23), (25), (26), (29), and (30), insofar as they outline enforcement authorities; paragraph (13), insofar as it addresses enforcement authorities, permit and license requirements and associated fees, as well as the NPDES and UIC programs; and paragraph (34), insofar as it relates solely to the solid and hazardous waste programs.]

(13) Section 1133—Consultation and use of facilities

(14) Section 1135—Character of Board for federal purposes [Except insofar as it addresses permit requirements.]

(15) Section 1135A—Administration of the Puerto Rico Water Pollution Control Revolving Fund

(16) Section 1137—Confidential documents

(17) Section 1138—Effectiveness of previous documents [Except insofar as it addresses permit and licensing requirements.]

(18) Section 1140—Limitations

(19) Section 1141—Definitions

(20) Section 1142—Powers [Except insofar as (b)(5) sets forth enforcement authorities.]

(b) The regulatory provisions include:

1. Underground Storage Tank Control Regulations, Regulation Number 4362, promulgated by the Commonwealth of Puerto Rico Environmental Quality Board on November 7, 1990.

a. Part I—Program Scope and Interim Prohibition.

(1) Rule 101—Program Scope

(2) Rule 102—Purpose

(3) Rule 103—Applicability

(4) Rule 104—Interim Prohibition for Deferred UST Systems

(5) Rule 105—Definitions and Abbreviations [Except insofar as the Puerto Rico definition of “Underground Storage Tank or UST” does not exclude from regulation heating oil tanks used for storing heating oil for consumptive use on the premises where stored.]

b. Part II—UST Systems: Design, Construction, Installation, and Notification.

(1) Rule 201—Performance Standards for New UST Systems

(2) Rule 202—Upgrading of Existing UST Systems

(3) Rule 203—Notification Requirements

c. Part III—General Operating Requirements.

(1) Rule 301—Spill and Overfill Control

(2) Rule 302—Operation and Maintenance of Corrosion Protection

(3) Rule 303—Compatibility

(4) Rule 304—Repairs Allowed

(5) Rule 305—Reporting and Recordkeeping

d. Part IV—Release Detection.

(1) Rule 401—General Requirements for all UST Systems

(2) Rule 402—Requirements for Petroleum UST Systems

(3) Rule 403—Requirements for Hazardous Substance UST Systems

(4) Rule 404—Methods of Release Detection for Tanks

(5) Rule 405—Methods of Release Detection for Piping

(6) Rule 406—Release Detection Recordkeeping

e. Part V—Release Reporting and Investigation.

(1) Rule 501—Reporting of Suspected Releases

(2) Rule 502—Investigation Due to Off-site Impacts

(3) Rule 503—Release Investigation and Confirmation Steps

(4) Rule 504—Reporting and Cleanup of Spills and Overfills

f. Part VI—Release Response and Corrective Action for UST Systems Containing Petroleum or Hazardous Substances.

(1) Rule 601—General

(2) Rule 602—Initial Response

(3) Rule 603—Initial Abatement Measures and Site Check [Except insofar as 603(A)(5) requires owners and operators to obtain permits or franchises for drilling and installation of groundwater monitoring and/or extraction wells.]

(4) Rule 604—Initial Site Characterization

(5) Rule 605—Free Product Removal [Except insofar as 605(A) and 605 (D)(6) require owners and operators to obtain permits or franchises for drilling and installation of water monitoring and/or extraction wells.]

(6) Rule 606—Investigation for Soil and Groundwater Clean-up

(7) Rule 607—Corrective Action Plan

(8) Rule 608—Public Participation

g. Part VII—Out-Of-Service UST Systems and Closure.

(1) Rule 701—Temporary Closure

(2) Rule 702—Permanent Closure and Changes-in-Service

(3) Rule 703—Assessing the Site at Closure or Change-in-Service

(4) Rule 704—Applicability to Previously Closed UST Systems

(5) Rule 705—Closure Methods

h. Part VIII—Notification Requirements and Procedures.

(1) Rule 801—Notification of Underground Storage System

(2) Rule 802—Notification Requirements

(3) Rule 803—Notification Responsibility

(4) Rule 804—UST Notification Identification Number

(5) Rule 805—Changes to Facility Notification Data

i. Part IX—Financial Responsibility Requirements.

(1) Rule 901—Applicability

(2) Rule 902—Compliance Dates

(3) Rule 903—Definition of Terms

(4) Rule 904—Amount and Scope of Required Financial Responsibility

(5) Rule 905—Allowable Mechanisms and Combinations of Mechanisms

(6) Rule 906—Financial Test of Self-Insurance

(7) Rule 907—Guarantee

(8) Rule 908—Insurance and Risk Retention Group Coverage

(9) Rule 909—Surety Bond

(10) Rule 910—Letter of Credit

(11) Rule 911—Trust Fund

(12) Rule 912—Standby Trust Fund

(13) Rule 913—Substitution of Financial Assurance Mechanisms by Owner or Operator

(14) Rule 914—Cancellation or Nonrenewal by a Provider of Financial Assurance

(15) Rule 915—Reporting by Owner or Operator

(16) Rule 916—Recordkeeping

(17) Rule 917—Drawing on Financial Assurance Mechanisms

(18) Rule 918—Release from the Requirements

(19) Rule 919—Bankruptcy or Other Incapacity of Owner or Operator of Provider of Financial Assurance

(20) Rule 920—Replenishment of Guarantees, Letters of Credit, or Surety Bonds

(21) Rule 921—Suspension of Enforcement

j. Part X—General Provisions.

(1) Rule 1001—Amendments to this Regulation

(2) Rule 1002—Monitoring, Recordkeeping, Reporting, Sampling, and Testing Methods

(3) Rule 1003—Malfunction or Non-compliance, Reporting

(4) Rule 1004—Confidentiality of Information

(5) Rule 1006—Public Notice and Public Hearings

(6) Rule 1009—Public Nuisance

(7) Rule 1011—Overlapping or Inconsistent Provisions

(8) Rule 1012—Derogation

(9) Rule 1013—Separability Clause

(10) Rule 1014—Effectiveness

k. Part XI—General Prohibitions.

(1) Rule 1101—Purpose, Scope and Applicability

(2) Rule 1102—General Prohibitions

Rhode Island

(a) The statutory provisions include Rhode Island Statute Title 46 of the General Laws of Rhode Island, 1956, as amended:

Chapter 12  Water Pollution

Chapter 12.1  Underground Storage Tanks

Chapter 12.3  The Environmental Injury Compensation Act

Chapter 12.5  Oil Pollution Control

Chapter 13.1  Groundwater Protection

Chapter 14  Contamination of Drinking Water

(b) The statutory provisions include Title 42 of the General Laws of Rhode Island, 1956, as amended.

Chapter 35  Administrative Procedures

(c) The statutory provisions include Title 38 of the General Laws of Rhode Island, 1956, as amended.

Chapter 2  Access to Public Records

(d) The statutory provisions include Title 37 of the General Laws of Rhode Island, 1956, as amended.

Chapter 18  Narragansett Indian and Management Corp.

(e) The statutory provisions include Title 23 of the General Laws of Rhode Island, 1956, as amended.

Chapter 19.1  Hazardous Waste Management

(f) The regulatory provisions include State of Rhode Island, Agency of Natural Resources, Underground Storage Tank Regulations, February 1, 1991:

Section 1.00  Purpose

Section 2.00  Authority

Section 3.00  Superseded Rules and Regulations

Section 4.00  Severability

Section 5.00  Applicability

Section 6.00  Administrative Findings

Section 7.00  Definitions

Section 8.00  Facility Registration and Notification

Section 9.00  Financial Responsibility

Section 10.00  Minimum Existing Facility Requirements

Section 11.00  New Facility and Replacement Tank Requirements

Section 12.00  Facility Modification

Section 13.00  Maintaining Records

Section 14.00  Leak and Spill Response

Section 15.00  Closure

Section 16.00  Leak Detection Methods and Precision Tester Licensing Requirements

Section 17.00  Signatories to Registration and Closure Applications

Section 18.00  Transfer of Certificates of Registration or Closure

Section 19.00  USTs/Holding Tanks Serving Floor Drains

Section 20.00  Variances

Section 21.00  Appeals

Section 22.00  Penalties

Appendix A

Appendix B

Appendix C

South Dakota

(a) The statutory provisions include South Dakota Statutes Annotated, Chapter 34A–2, Sections 98 and 99. Underground Storage Tanks:

Section 98  Underground storage tanks—Definitions.

Section 99  Underground storage tanks—Adoption of Rules—Violation.

(b) The regulatory provisions include State of South Dakota Administrative Rules, Chapter 74:03:28, Underground Storage Tanks, Department of Environment and Natural Resources, June 24, 1992:

Section 74:03:28:01  Definitions.

Section 74:03:28:02  Performance standards for new UST systems—General requirements.

Section 74:03:28:03  Upgrading of existing UST systems—General requirements and deadlines.

Section 74:03:28:04  Notification requirements for UST systems.

Section 74:03:28:05  Spill and overfill control.

Section 74:03:28:06  Operation and maintenance of cathodic protection.

Section 74:03:28:07  Compatibility.

Section 74:03:28:08  Repairs allowed—general requirements.

Section 74:03:28:09  Maintenance and availability of records.

Section 74:03:28:10  Release detection for all UST systems—general requirements and deadlines.

Section 74:03:28:11  Release detection requirements for petroleum UST systems.

Section 74:03:28:12  Release detection requirements for pressure piping.

Section 74:03:28:13  Recordkeeping.

Section 74:03:28:14  Release notification plan.

Section 74:03:28:15  Reported of suspected releases.

Section 74:03:28:16  Release investigation and confirmation.

Section 74:03:28:17  Off-site impacts and source investigation.

Section 74:03:28:18  General requirements for corrective action for releases from UST systems.

Section 74:03:28:19  Initial abatement requirements and procedures for releases from UST systems.

Section 74:03:28:20  Free product removal.

Section 74:03:28:21  Additional site investigation for releases from UST systems.

Section 74:03:28:22  Soil and groundwater cleanup for releases from UST systems.

Section 74:03:28:23  Reporting of releases from UST systems.

Section 74:03:28:28  Reporting of hazardous substance releases from UST systems.

Section 74:03:28:29  Temporary removal from use.

Section 74:03:28:30  Temporary closure.

Section 74:03:28:31  Permanent closure.

Section 74:03:28:32  Postclosure requirements.

Section 74:03:29:01  Applicability.

Section 74:03:29:23  Definitions.

Section 74:03:29:24  Financial responsibility rules.

Tennessee

(a) The statutory provisions include:

1. Section 68–215–101  Short title

2. Section 68–215–102  Legislative intent [Except §68–215–102(a)(3) and except §68–215–102(a)(5).]

3. Section 68–215–103  Definitions

4. Section 68–215–105  Minimum requirements for tanks

5. Section 68–215–106  Notification as to tanks in use and tanks taken out of operations [Except §68–215–106(a)(6) and except §68–215–106(c)(2).]

6. Section 68–215–107  Supervision, inspection, and enforcement responsibilities [Except §68–215–107(e) and except §68–215–107(f)(9).]

7. Section 68–215–108  Proprietary information

8. Section 68–215–118  Compliance by governmental entities

9. Section 68–215–123  Complaints—Hearings—Appeals

10. Section 68–215–124  Exemptions

11. Section 68–215–126  Preemption of local regulation—Exception

12. Section 68–215–127  Exclusivity of provisions

(b) The regulatory provisions include:

1. Section .01  Program Scope and Minimum Requirements for Tanks

Section .01(1)  Applicability

Section .01(2)  Minimum requirements for tanks

Section .01(3)  Definitions

2. Section .02  UST Systems: Design, Construction, Installation and Notification

Section .02(1)  Performance standards for new UST systems

Section .02(2)  Upgrading of existing UST systems

Section .02(3)  Notification requirements

3. Section .03  General Operating Requirements

Section .03(1)  Spill and overfill control

Section .03(2)  Operation and maintenance of corrosion protection

Section .03(3)  Compatibility

Section .03(4)  Repairs allowed

Section .03(5)  Reporting and recordkeeping

4. Section .04  Release Detection

Section .04(1)  General requirements for release detection

Section .04(2)  Requirements for petroleum UST systems

Section .04(3)  Methods of release detection for tanks

Section .04(4)  Methods of release detection for piping

Section .04(5)  Release detection recordkeeping

5. Section .05  Release Reporting, Investigation and Confirmation

Section .05(1)  Reporting of suspected releases

Section .05(2)  Investigation due to off-site impacts

Section .05(3)  Release investigation and confirmation steps

Section .05(4)  Reporting and cleanup of spills and overfills

6. Section .06  Release Response and Corrective Action for UST Systems Containing Petroleum

Section .06(1)  General

Section .06(2)  Initial response

Section .06(3)  Initial abatement measures and site check

Section .06(4)  Initial site characterization

Section .06(5)  Free products removal

Section .06(6)  Investigations for soil and ground water cleanup

Section .06(7)  Corrective action plan

Section .06(8)  Public participation

7. Section .07  Out-of-Service UST System and Closure

Section .07(1)  Temporary closure

Section .07(2)  Permanent closure and changes-in-service

Section .07(3)  Assessing the site at closure or change-in-service

Section .07(4)  Applicability to previously closed UST systems

Section .07(5)  Closure records

8. Section .08  Financial Responsibility

Section .08(1)  Applicability

Section .08(2)  Compliance dates

Section .08(3)  Definition of terms

Section .08(4)  Amount and scope of required financial responsibility

Section .08(5)  Allowable mechanisms and combinations of mechanisms

Section .08(6)  Financial test of self-insurance

Section .08(7)  Guarantee

Section .08(8)  Insurance and risk retention group coverage

Section .08(9)  Surety bond

Section .08(10)  Letter of credit

Section .08(11)  Petroleum underground storage tank fund

Section .08(12)  Trust fund

Section .08(13)  Standby trust fund

Section .08(14)  Substitution of financial assurance mechanisms by owner or operator

Section .08(15)  Cancellation or nonrenewel by a provider of financial assurance

Section .08(16)  Reporting by owner or operator

Section .08(17)  Recordkeeping

Section .08(18)  Drawing on financial assurance mechanisms

Section .08(19)  Release from requirements

Section .08(20)  Bankruptcy or other incapacity of owner or operator or provider of financial assurance

Section .08(21)  Replenishment of guarantees, letters of credit, or surety bonds

Texas

(a) The statutory provisions include

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

a. Subchapter I: Underground and Aboveground Storage Tanks

Section 26.341  Purpose (Except insofar as it applies to aboveground storage tanks.)

Section 26.342  Definitions (Except insofar as (10) and (12) apply to aboveground storage tanks.)

Section 26.343  Regulated Substances

Section 26.344  Exemptions (Except insofar as (a), (d), and (f) apply to aboveground storage tanks.)

Section 26.345  Administrative Provisions (Except insofar as (a) and (e) apply to aboveground storage tanks.)

Section 26.346  Registration Requirements (Except insofar as (a) applies to aboveground storage tanks.)

Section 26.347  Tank Standards

Section 26.348 Leak Detection and Record Maintenance

Section 26.349  Reporting of Releases and Corrective Action (Except insofar as (a) applies to aboveground storage tanks.)

Section 26.350  Tank Closure Requirements

Section 26.351  Corrective Action (Except insofar as it applies to aboveground storage tanks.)

Section 26.3511  Corrective Action by the Commission (Except insofar as it applies to aboveground storage tanks.)

Section 26.3512  Owner or Operator Responsibility; Limitations on Fund Payments for Corrective Action

Section 26.3513  Liability and Costs: Multiple Owners and Operators

Section 26.3514  Limits on Liability of Lender (Except insofar as it applies to aboveground storage tanks.)

Section 26.3515  Limits on Liability of Corporate Fiduciary (Except insofar as it applies to aboveground storage tanks.)

Section 26.352  Financial Responsibility

Section 26.355  Recovery of Costs (Except insofar as it applies to aboveground storage tanks.)

Section 26.357  Standards and Rules

Section 26.3571  Eligible Owner or Operator

Section 26.3572  Groundwater Protection Cleanup Program

Section 26.3573  Petroleum Storage Tank Remediation Fund

Section 26.35735  Claims Audit

Section 26.3574  Fee on Delivery of Certain Petroleum Products

Section 26.358  Storage Tank Fund; Fees (Except insofar as it applies to aboveground storage tanks.)

Section 26.359  Local Regulation or Ordinance

(b) The regulatory provisions include

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

a. Subchapter A: General Provisions

Section 334.1  Purpose and Applicability (Except insofar as Section 334.1(a)(1), (c), and (d)(2) apply to aboveground storage tanks.)

Section 334.2  Definitions

Section 334.3  Statutory Exemptions (Except insofar as Section 334.3(b) applies release reporting and corrective action requirements to certain hydraulic lift tanks that are exempt under the federal program.)

Section 334.4 Commission Exclusions (Except insofar as Section 334.4: (1) Does not exclude airport hydrant fuel distribution systems and UST systems with field-constructed tanks; excludes only sumps less than 110 gallons, as opposed to all tanks; and does not provide a release detection deferral for UST systems that store fuel solely for use by emergency power generators; (2) Subjects wastewater treatment tank systems that are deferred in the federal rules to the registration requirements, general operating requirements, and corrective action requirements; (3) Requires USTs that store radioactive substances or are part of a nuclear power plant to comply with registration and general operating requirements; and (4) Applies release reporting and corrective action requirements to certain hydraulic lift tanks that are exempt under the federal program.)

Section 334.5  General Prohibitions

Section 334.6  Construction Notification

Section 334.7  Registration

Section 334.8  Certification

Section 334.9  Seller's Disclosure

Section 334.10  Reporting and Recordkeeping

Section 334.12  Other General Provisions

2. Subchapter B: Underground Storage Tank Fees

Section 334.21  Fee Assessment

Section 334.22  Failure to Make Payment

Section 334.23  Disposition of Fees, Interest and Penalties

3. Subchapter C: Technical Standards

Section 334.41  Applicability

Section 334.42  General Standards

Section 334.43  Variances and Alternative Procedures

Section 334.44  Implementation Schedules

Section 334.45  Technical Standards for New UST Systems

Section 334.46  Installation Standards for New UST Systems

Section 334.47  Technical Standards for Existing UST Systems

Section 334.48  General Operating and Management Requirements

Section 334.49  Corrosion Protection

Section 334.50  Release Detection

Section 334.51  Spill and Overfill Prevention and Control

Section 334.52  UST System Repairs and Relining

Section 334.53  Reuse of Used Tanks

Section 334.54  Temporary Removal from Service

Section 334.55  Permanent Removal from Service

4. Subchapter D: Release Reporting and Corrective Action

Section 334.71  Applicability

Section 334.72  Reporting of Suspected Releases

Section 334.73  Investigation Due to Off-Site Impacts

Section 334.74  Release Investigation and Confirmation Steps

Section 334.75  Reporting and Cleanup of Surface Spills and Overfills

Section 334.76  Initial Response to Releases

Section 334.77  Initial Abatement Measures and Site Check

Section 334.78  Initial Site Characterization

Section 334.79  Free Product Removal

Section 334.80  Investigation for Soil and Groundwater Cleanup

Section 334.81  Corrective Action Plan

Section 334.82  Public Participation

Section 334.83  Emergency Orders

Section 334.84  Corrective Action by the Commission

Section 334.85  Management of Wastes

5. Subchapter E: Financial Responsibility

Section 334.91  Applicability

Section 334.92  Compliance Dates

Section 334.93  Amount and Scope of Required Financial Responsibility

Section 334.94  Allowable Mechanisms and Combinations of Mechanisms

Section 334.95  Financial Test of Self-Insurance

Section 334.96  Guarantee

Section 334.97  Insurance and Risk Retention Group Coverage

Section 334.98  Surety Bond

Section 334.99  Letter of Credit

Section 334.100  Trust Fund

Section 334.101  Standby Trust Fund

Section 334.102  Substitution of Financial Assurance Mechanisms by Owner or Operator

Section 334.103  Cancellation or Nonrenewal by a Provider of Financial Assurance

Section 334.104  Reporting by Owner or Operator

Section 334.105  Financial Assurance Recordkeeping

Section 334.106  Drawing on Financial Assurance Mechanisms

Section 334.107  Release from the Requirements

Section 334.108  Bankruptcy or Other Incapacity of Owner or Operator of Provider of Financial Assurance

Section 334.109  Replenishment of Guarantees, Letters of Credit, or Surety Bonds

6. Subchapter H: Interim Reimbursement Program

Section 334.301  Applicability of this Subchapter

Section 334.302  General Conditions and Limitations Regarding Reimbursement—Interim Period

Section 334.303  Time to File Application—Interim Period

Section 334.304  Who May File Application—Interim Period

Section 334.305  Where and How Documents Must Be Filed—Interim Period

Section 334.306  Form and Contents of Application—Interim Period

Section 334.307  Technical Information Required—Interim Period

Section 334.308  Allowable Costs and Restrictions on Allowable Costs—Interim Period

Section 334.309  Reimbursable Costs—Interim Period

Section 334.310  Requirements for Eligibility—Interim Period

Section 334.311  Determining the Number of Occurrences—Interim Period

Section 334.312  Owner/Operator Contribution

Section 334.313  Review of Application by Executive Director—Interim Period

Section 334.314  Executive Director's Fund Payment Report—Initial Period

Section 334.315  Protest of Fund Payment Report—Interim Period

Section 334.316  Formal Petition—Interim Period

Section 334.317  Hearing by the Commission—Interim Period

Section 334.318  Recovery of Costs—Interim Period

Section 334.319  Administrative Penalties and Other Actions—Initial Period

Section 334.320  Responsibilities of Owners and Operators—Interim Period

Section 334.321  Corrective Action by the Commission—Interim Period

Section 334.322  Subchapter H Definitions

7. Subchapter K: Petroleum Substance Waste

Section 334.481  Definitions

Section 334.482  General Prohibitions

Section 334.483  Disposal by Generator

Section 334.484  Registration Required for Petroleum-Substance Waste Storage or Treatment Facilities

Section 334.485  Authorization for Class C and Class D Facilities

Section 334.486  Exemptions

Section 334.487  Notification and Mobilization Requirements for Class B Facilities

Section 334.488  Effect on Existing Facilities

Section 334.489  Notice to Owners and Operators

Section 334.490  Public Notice

Section 334.491  Public Meetings for Class A Facilities

Section 334.492  Closure and Facility Expansion

Section 334.493  Location Standards for Class A Petroleum-Substance Waste Storage or Treatment Facilities

Section 334.494  Shipping Procedures Applicable to Generators of Petroleum-Substance Waste

Section 334.495  Recordkeeping and Reporting Procedures Applicable to Generators

Section 334.496 Shipping Requirements Applicable to Transporters of Petroleum-Substance Waste

Section 334.497  Shipping Requirements Applicable to Owners or Operators of Storage Treatment or Disposal Facilities

Section 334.498  Recordkeeping Requirements Applicable to Owners or Operators of Storage Treatment or Disposal Facilities

Section 334.499  Additional Reports

Section 334.500  Design and Operating Requirements of Stockpiles and Land Surface Treatment Units

Section 334.501  Reuse of Petroleum-Substance Waste

Section 334.502  Contaminant Assessment Program and Corrective Action

Section 334.503  Security

Section 334.504  Contingency Plan

Section 334.505  Emergency Procedures

Section 334.506  Closure Requirements Applicable to Class A and Class B Facilities

Section 334.507  General Requirements for Financial Assurance

Section 334.508  Mechanisms for Financial Assurance

Section 334.509  Liability Requirements for Class A and B Facilities

Section 334.510  Incapacity of Owners or Operators, Guarantors, or Financial Institutions

8. Subchapter L: Overpayment Prevention

Section 334.530  Purpose and Applicability of the Subchapter

Section 334.531  Responsibility of Recipients of Money from the PSTR Fund and Persons Paid by Recipients of Money from the PSTR Fund

Section 334.532  Payments

Section 334.533  Audits

Section 334.534  Notice of Overpayment

Section 334.535  Objections to the Notice of Overpayment and Formal Petition for Hearing

Section 334.536 Hearing by the Commission

Section 334.537  Failure to Return Overpayment or Cooperative with Audit or Investigation

Section 334.538  Administrative Penalties and Other Actions

9. Subchapter M: Reimbursable Cost Guidelines for the Petroleum Storage Tank Reimbursement Program

Section 334.560  Reimbursable Cost Guidelines

Utah

(a) The statutory provisions include: Utah Code 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).

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.

Section 8–604  Corrective Action.

Section 8–605  Closure of USTs.

Appendix A  Groundwater Monitoring Requirements.

Appendix B  Inventory Monitoring Procedures.

Appendix C  Procedures for Manual Tank Gauging.

Appendix D  Installation Requirements Applicable to New and Replacement UST Systems.

Virginia

(a) The statutory provisions include:

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

Article 9: Storage Tanks

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

Section 62.1–44.34:9  Powers and duties of Board

Article 10: Petroleum Storage Tank Fund

Section 62.1–44.34:10  Definitions, except “Aboveground storage tank” and “Regulated substance”

Section 62.1–44.34:11  Virginia Petroleum Storage Tank Fund

Section 62.1–44.34:12  Financial responsibility

(b) The regulatory provisions include:

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

Part I: Definitions, Applicability, and Interim Prohibition

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

9 VAC 25–580–20  Applicability

9 VAC 25–580–30  Interim prohibition for deferred UST systems

9 VAC 25–580–40  Permitting and inspection requirements for all UST systems

Part II: UST Systems: Design, Construction, Installation, and Notification

9 VAC 25–580–50  Performance standards for new UST systems

9 VAC 25–580–60  Upgrading of existing UST systems

9 VAC 25–580–70  Notification requirements

9 VAC 25–580–80  Spill and overfill control

9 VAC 25–580–90  Operation and maintenance of corrosion protection

9 VAC 25–580–100  Compatibility

9 VAC 25–580–110  Repairs allowed

Part III: General Operating Requirements

9 VAC 25–580–120  Reporting and recordkeeping

Part IV: Release Detection

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

9 VAC 25–580–140  Requirements for petroleum UST systems

9 VAC 25–580–150  Requirements for hazardous substance UST systems

9 VAC 25–580–160  Methods of release detection for tanks

9 VAC 25–580–170  Methods of release detection for piping

9 VAC 25–580–180  Release detection recordkeeping

Part V: Release Reporting, Investigation, and Confirmation

9 VAC 25–580–190  Reporting of suspected releases

9 VAC 25–580–200  Investigation due to off-site impacts

9 VAC 25–580–210  Release investigation and confirmation steps

9 VAC 25–580–220  Reporting and cleanup of spills and overfills

Part VI: Release Response and Corrective Action for UST Systems Containing Petroleum for Hazardous Substances

9 VAC 25–580–230  General

9 VAC 25–580–240  Initial response

9 VAC 25–580–250  Initial abatement measures and site check

9 VAC 25–580–260  Site characterization

9 VAC 25–580–270  Free product removal

9 VAC 25–580–280  Corrective action plan

9 VAC 25–580–300  Public participation

9 VAC 25–580–310  Temporary closure

Part VII: Out-of-Service UST Systems and Closure

9 VAC 25–580–320  Permanent closure and changes-in-service

9 VAC 25–580–330  Assessing the site at closure or change-in-service

9 VAC 25–580–340  Applicability to previously closed UST systems

9 VAC 25–580–350  Closure records

Part VIII: Delegation

9 VAC 25–580–360  Delegation of authority

Appendix I: Virginia Underground Storage Tank Notification Forms

Appendix II: Statement for Shipping tickets and Invoices

(2) Virginia Administrative Code, Title 9, Agency 25: State Water Control Board, Chapter 590: Petroleum Underground Storage Tank Financial Responsibility Requirements

9 VAC 25–590–10  Definitions

9 VAC 25–590–20  Applicability

9 VAC 25–590–30  Compliance dates

9 VAC 25–590–40  Amount and scope of financial responsibility requirement

9 VAC 25–590–50  Allowable mechanisms and combinations of mechanisms

9 VAC 25–590–60  Financial test of self-insurance

9 VAC 25–590–70  Guarantee

9 VAC 25–590–80  Insurance and group self-insurance pool coverage

9 VAC 25–590–90  Surety bond

9 VAC 25–590–100  Letter of credit

9 VAC 25–590–110  Trust fund

9 VAC 25–590–120  Standby trust fund

9 VAC 25–590–130  Substitution of financial assurance mechanisms by owner and operator

9 VAC 25–590–140  Cancellation or nonrenewal by a provider of financial assurance

9 VAC 25–590–150  Reporting by owner or operator

9 VAC 25–590–160  Recordkeeping

9 VAC 25–590–170  Drawing on financial assurance mechanism

9 VAC 25–590–180  Release from the requirements

9 VAC 25–590–190  Bankruptcy or other incapacity of owner, operator or provider of financial assurance

9 VAC 25–590–200  Replenishment of guarantees, letters of credit or surety bonds

9 VAC 25–590–210  Virginia Petroleum Storage Tank Fund

9 VAC 25–590–220  Notices to the State Water Control Board

9 VAC 25–590–230  Delegation of authority

9 VAC 25–590–240  Lender liability

9 VAC 25–590–250  Local government financial responsibility demonstration

9 VAC 25–590–260  Word or phrase substitutions

Appendix I: Letter from Chief Financial Officer

Appendix II: Guarantee

Appendix III: Endorsement

Appendix IV: Certificate of Insurance

Appendix V: Performance Bond

Appendix VI: Irrevocable Standby Letter of Credit

Appendix VII: Trust Agreement

Appendix VIII: Certification of Acknowledgment

Appendix IX: Certification of Financial Responsibility

Appendix X: Certification of Valid Claim

Appendix XI: Letter from Chief Financial Officer (short form)

West Virginia

(a) The statutory provisions include:

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

Section 22–17–1  Short title

Section 22–17–2  Declaration of policy and purpose

Section 22–17–3  Definitions

Section 22–17–4  Designation of division of environmental protection as the state underground storage tank program lead agency

Section 22–17–6  Promulgation of rules and standards by director, except §22–17–6.(b)(12) and (b)(13)

Section 22–17–8  Notification requirements

Section 22–17–9  Registration requirements; undertaking activities without registration

Section 22–17–10  Financial responsibility

Section 22–17–11  Performance standards for new underground storage tanks

Section 22–17–12  Confidentiality, except §22–17–12.(b)

Section 22–17–14  Corrective action for underground petroleum storage tanks

Section 22–17–22  Underground storage tank insurance fund

(b) The regulatory provisions include:

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

Section 33–30–1  General

Section 33–30–2  Adoption of Federal Regulations

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

[58 FR 58625, Nov. 2, 1993]

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