§ 282.90 - South Carolina State-Administered Program.

§ 282.90 South Carolina State-Administered Program.

Cross Reference

Link to an amendment published at 86 FR 15600, Mar. 24, 2021.

(a) History of the approval of South Carolina's program. The State of South Carolina (South Carolina or State) is approved to administer and enforce an underground storage tank (UST) program in lieu of the federal Federal program under Subtitle subtitle I of the Resource Conservation and Recovery Act of 1976 (RCRA or Act), as amended, 42 U.S.C. 6991 et seq. The State's programUnderground Storage Tank Program (UST Program), as administered by the South Carolina Department of Health and Environmental Control (DHEC), was approved by EPA pursuant to 42 U.S.C. 6991c and part 281 of this chapter. EPA published the notice of final determination approving the South Carolina underground storage tank program approved the South Carolina UST Program on August 28, 2002 , and that approval became it was effective on September 27, 2002. A subsequent program revision was approved by EPA and became effective May 24, 2021.

(b) Enforcement authority. South Carolina has primary responsibility for administering and enforcing its underground storage tank programfederally approved UST Program. However, EPA retains the authority to exercise its corrective action, inspection, and enforcement authorities under sections 9003(h), 9005, and 9006 of Subtitle subtitle I of RCRA, 42 U.S.C. 6991b(h), 6991d, and 6991e, as well as under any other applicable statutory and regulatory provisions.

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

(d) Final approval. South Carolina has final approval for the following elements of its UST Program submitted to EPA in the State's program application for final approval as of August 28, 2002. Copies of South Carolina's program application may be obtained from the South Carolina Department of Health and Environmental Control, Underground Storage Tank Program, 2600 Bull Street, Columbia, SC 29201; or the Underground Storage Tank Section, U.S. Environmental Protection Agency, Region 4, Atlanta Federal Center, 61 Forsyth Street SW., Atlanta, GA 30303-8960. and approved effective September 27, 2002, and the program revisions approved by EPA effective on May 24, 2021:

(1) State statutes and regulations. -

(i) The provisions Incorporation by reference. The South Carolina materials cited in this paragraph (d)(1)(i) of this section , and listed in appendix A to this part, are incorporated by reference as part of the underground storage tank program under Subtitle UST Program under subtitle I of RCRA, 42 U.S.C. 6991 et seq., with the approval of the The Director of the Federal Register under approves this incorporation by reference in accordance with 5 U.S.C. 552(a) and 1 CFR part 51. Material is incorporated as it exists on the date of the approval, and notice of any change in the material will be published in the Federal Register. All approved material is available for inspection at You may access copies of the South Carolina statutes and regulations that are incorporated by reference in this paragraph (d)(1)(i) from the South Carolina State Register, 223 Blatt Building, 1105 Pendleton Street, Columbia, South Carolina 29201; Phone number: [phone]; website: https://www.scstatehouse.gov/. You may inspect all approved material at EPA Region 4, 61 Forsyth Street SW, Atlanta, Georgia 30303; Phone number: [phone]; or the National Archives and Records Administration (NARA). For information on the availability of the material at NARA, call 202-741-6030 or go to http:, email: [e-mail], website: https://www.archives.gov/federal-register/code of federal regulationscfr/ibr-locations.html. Copies of South Carolina's program application may be obtained from the Underground Storage Tank Program, South Carolina Department of Health and Environmental Control, 2600 Bull Street, Columbia, SC 29201.

(A) South “South Carolina Statutory Requirements Applicable to the Underground Storage Tank Program, 2000” dated September 9, 2020.

(B) South “South Carolina Regulatory Requirements Applicable to the Underground Storage Tank Program, 2000” dated September 9, 2020.

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

(A) The statutory provisions include:

(1) Code of Laws of South Carolina, Title 44. Health, Chapter 2.

which provide the legal basis for the State's implementation of the UST Program, but they are not being incorporated by reference and do not replace Federal authorities:

(A) State Underground Petroleum Environmental Response Bank Act (SUPERB

Act):

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

(ii) Sec.

) of 1988, S.C. Code Ann. sections 44-2-10 to 44-2-150 (2010).

(1) Section 44-2-50(A) and (C) Regulations to be promulgated

; cost of rehabilitation

. Insofar as it provides for the promulgation of regulations for the implementation, compliance monitoring, and enforcement of the

chapter and regulations promulgated thereunder

UST Program.

(

iii

2)

Sec.

Section 44-2-

60 Registration

70(B) Financial responsibility of underground storage

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

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

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

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

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

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

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

(x) Sec.

tank owners and operators. As to the first sentence, insofar as it provides for the promulgation of regulations specifying financial responsibility requirements and for taking corrective action and compensating third parties for bodily injury and property damage caused by accidental releases arising from operating an underground storage tank.

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

(

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

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

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

(ii) [Reserved]

(B) The regulatory provisions include:

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

(i) Sec. 280.301

B) South Carolina Underground Storage Tank Control Regulations, R. 61-92 (2017).

(1) Section 280.26, Delivery Prohibitions. Insofar as it identifies specific authorities for enforcement response and delivery prohibition requirements.

(2) Section 280.67, Public Participation. Insofar as it identifies specific authorities for enabling public participation in the corrective action process.

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

(

ii

4)

Sec.

Section 280.302, Appeals. Insofar as it provides for appeal of any determination by

the Department pursuant to R. 61-92

DHEC under the provisions of

R.

S.C. Code Ann. Regs. 61-72, Procedures for Contested Cases, and the State Administrative Procedures Act.

(

2

C) SUPERB Site Rehabilitation and Fund Access Regulations, R.61-98. Insofar as it contains requirements for site rehabilitation for releases from underground storage tanks, access to the SUPERB Account, and certification of site rehabilitation contractors.

(D) South Carolina Rules of Civil Procedure, Rule 24(a)(2), Intervention. Insofar as it provides for public participation in the State enforcement process.

(iii) Other provisions not incorporated by reference. The following statutory and regulatory provisions applicable to the South Carolina UST Program are broader in scope than the federal program, Federal program or external to the state UST program approval requirements. Therefore, these provisions are not part of the approved program, UST Program and are not incorporated by reference herein for enforcement purposes. :

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

(1) Sec.

) of 1988, S.C. Code Ann. sections 44-2-10 to 44-2-150 (2010).

(1) Section 44-2-60 Registration of underground storage tanks; environmental impact fee. Insofar as it places requirements on petroleum distributors, prohibiting them from placing petroleum and petroleum products into an underground storage tank for which the owner or operator does not hold a currently valid registration, and insofar as it requires registration 40, insofar as it provides for the creation of a SUPERB Account and SUPERB Financial Responsibility Fund (collectively, “State funds”), and establishes criteria for accessing the funds.

(2) Section 44-2-50(B), is external insofar as it contains obligations on the State agency, not a regulated entity.

(3) Section 44-2-60, insofar as it requires registration, beyond the Federal notification requirements, and the payment of registration fees for underground storage tanks.

(

2

4)

Sec.

Section 44-2-

80 (B) and (C) Release of regulated substance; containment, removal, and abatement. Insofar as it places requirements that exceed the scope of the federal requirements applicable to a person who holds indicia of ownership to protect their security interests in an underground storage tank. (3) Sec. 44-2-120 Use of contractors, subcontractors, and employees for rehabilitation or cleanup. Insofar

75, insofar as it provides for a means of establishing insurance pools to demonstrate financial responsibility.

(5) Section 44-2-90, insofar as it refers to interest collected on State funds and the sunset date of the environmental impact fee.

(6) Section 44-2-110, insofar as it establishes criteria for qualified expenditure of funds from the SUPERB Account.

(7) Section 44-2-115, insofar as it regulates eligibility for the SUPERB Account.

(8) Section 44-2-120, insofar as it establishes requirements for site rehabilitation contractors.

(9) Section 44-2-130, insofar as it establishes criteria for compensation from the SUPERB Account.

(10) Section 44-2-150, insofar as it establishes provisions for the creation and operations of a SUPERB Advisory Committee.

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

(

(2017).

(1) Sec. Section 280.10(e) Applicability. Insofar as it places requirements on persons other than owners and operatorsd), insofar as it requires UST systems to be permitted or registered with DHEC.

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

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

Section 280.20, as to the text “obtain permits in accordance with section 280.23 and” in the introductory paragraph, and the text “on the Permit to Operate application form in accordance with Section 280.23” in (f), insofar as they require UST systems to be permitted by DHEC.

(3) Sections 280.22(h) and (i), insofar as they require UST systems to be registered with DHEC.

(4) Section 280.23, insofar as it requires UST systems to be permitted by DHEC.

(5) Sections 280.101(b) through (e), insofar as they establish regulations for the administration of the State funds.

(6) Section 280.240(b), is external insofar as it contains obligations on the State agency, not a regulated entity.

(7) Section 280.300, insofar as it gives DHEC broad authority to grant variances that may be beyond the scope of that allowed by the Memorandum of Agreement between DHEC and EPA.

(2) Statement of legal authority.

(i) “General Counsel

The Attorney General's Statement and Statement of Independent Legal Counsel,

”

signed by

the State General Counsel on September 5, 2000

DHEC's General Counsel in lieu of the Attorney General on March 27, 2019, though not incorporated by reference, is referenced as part of the approved underground storage tank program under

Subtitle

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

(3) Demonstration of procedures for adequate enforcement. The “Demonstration of Adequate Enforcement Procedures” submitted as part of the original application on September 5, 2000on April 16, 2019, though not incorporated by reference, is referenced as part of the approved underground storage tank program under Subtitle subtitle I of RCRA, 42 U.S.C. 6991 et seq.

(4) Program Descriptiondescription. The program description and any other material submitted as part of the original application on September 5, 2000on April 16, 2019, though not incorporated by reference, are referenced as part of the approved underground storage tank program under Subtitle subtitle I of RCRA, 42 U.S.C. 6991 et seq.

(5) Memorandum of Agreement. The Memorandum of Agreement between EPA Region 4 and the South Carolina Department of Health and Environmental Control, Underground Storage Tank Program, DHEC, signed by the EPA Regional Administrator on December 20October 12, 20012018, though not incorporated by reference, is referenced as part of the approved underground storage tank program under Subtitle subtitle I of RCRA, 42 U.S.C. 6991 et seq.

[79 86 FR 1983215600, AprMar. 1024, 20142021]