§ 282.96 - Virginia State-Administered Program.

§ 282.96 Virginia State-Administered Program.

Cross Reference

Link to an amendment published at 86 FR 12114, Mar. 2, 2021.

(a) The State Commonwealth of Virginia 's is approved to administer and enforce an underground storage tank program is approved in lieu of the Federal federal program in accordance with 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 Virginia Department of Environmental Quality, was approved by EPA pursuant to 42 U.S.C. 6991c and 40 CFR 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. A subsequent program revision application was approved by EPA and became effective on May 3, 2021.

(b) Virginia has primary responsibility for administering and enforcing its federally-approved underground storage tank program. However, EPA retains the authority to exercise its inspection and enforcement authorities in accordance with under 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 under any other applicable statutory and regulatory provisions.

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

(d) Virginia has final approval for the following elements of its program application originally submitted to EPA in the State's program application for final approval. On and approved on September 28, 1998 , EPA published notice of approval of the State's program in the Federal Register, 63 FR 51528. That approval became effective on and effective 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, and the program revision application approved by EPA, effective on May 3, 2021.

(1) State statutes and regulations. -

(i) Incorporation by reference. The provisions cited in this paragraph, and listed in Appendix A to Part 282, 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. (See § 282.2 for incorporation by reference approval and inspection information.) The Director of the Federal Register approves this incorporation by reference in accordance with 5 U.S.C. 552(a) and 1 CFR part 51. You may obtain copies of the Virginia regulations and statutes that are incorporated by reference in this paragraph from the Office of Spill Response and Remediation, Virginia DEQ, 1111 East Main Street, Suite 1400, Richmond, VA 23219; Phone number: 804-698-4010; [e-mail]. You may inspect all approved material at the EPA Region 3 office, 1650 Arch Street, Philadelphia, PA 19103-2029 (Phone number 215-814-2953) or the National Archives and Records Administration (NARA). For information on the availability of the material at NARA, email [e-mail] or go to http://www.archives.gov/federal-register/cfr/ibr-locations.html.

(A) Virginia Statutory Requirements Applicable to the Underground Storage Tank Program, 1998April 2004.

(B) Virginia Regulatory Requirements Applicable to the Underground Storage Tank Program, 1998June 2018.

(ii) Legal basis. EPA considered evaluated the following statutes in evaluating the State and regulations, which are part of the approved program, but did not incorporate them by reference. they are not being incorporated by reference for enforcement purposes, and do not replace federal authorities:

(A) The statutory provisions include:

(1) Code of Virginia, Title 102.12, Subtitle III, Chapter 11.15: Department of Environmental QualityLaw, Article 1: General Provisions, Section

10

2.

1-1186 General powers of the department

2-507.

(2) Code of Virginia, Title 622.12, 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

Subtitle II, Chapter 40: Administrative Process Act, Sections 2.2-4000 to -4031, insofar as the provisions and procedures serve to implement the underground storage tank program.

(3) Code of Virginia, Title 2.2, Subtitle II, Chapter 48: Virginia Debt Collection Act, Sections 2.2-4800 to -4809, insofar as the provisions and procedures serve to implement the underground storage tank program.

(4) Code of Virginia, Title

62

10.1, Subtitle II, Chapter

3

11.1:

State Water Control Law

Department of Environmental Quality, Article

5: Enforcement and Appeal Procedure Section 62

1: General Provisions, Sections 10.1-

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 §

1182, -1186, -1186.3, -1186.4.

(5) Code of Virginia, Title 36, Chapter 6: Uniform Statewide Building Code, Sections 36-97 to -119.1, especially sections 36-97, -98.1, -99.6.

(6) Code of Virginia, Title 42.1, Chapter 7: Virginia Public Records Act, Sections 42.1-76 to -90.1, insofar as the provisions and procedures serve to implement the underground storage tank program.

(7) Code of Virginia, Title 62.1, Chapter 3.1: State Water Control Law, Article 2: Control Board Generally, Sections 62.1-44.13, .15; Article 5: Enforcement and Appeal Procedure, Sections 62.1-44.

25

Section 62.1-44.29 Judicial review

Section

20, .21, .23; Article 6: Offenses and Penalties, Sections 62.1-44.

30 Appeal to Court of Appeals (4) Code of Virginia, Title 62.1, Chapter 3.1

31, .32.

(B) The regulatory provisions include:

(1) Virginia Administrative Code, Title 9, Agency 25: State Water Control

Law

Board,

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)

Chapter 580: Underground Storage Tanks: Technical Standards and Corrective Action Requirements, Part I Definitions, Applicability, and Installation Requirements for Partially Excluded Systems, 9VAC25-580-10 Definitions for “Delivery prohibition” and “Delivery prohibition tag;” Part IX Delivery Prohibition, 9VAC25-580-370 Requirements for delivery prohibition.

(2) 2015 Virginia Uniform Statewide Building Code, Part I, Virginia Construction Code, Sections 101.2, 102.3.10, 103, 108.1, 414.6.2, Chapter 2.

(iii) Provisions not incorporated by reference. The following statutory and regulatory provisions are broader “broader in scope scope” than the Federal federal program, are not part of the approved program, and are not incorporated by reference herein. 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, Article 9: Storage Tanks Section 62.1-44.34:8 Definitions,

“Aboveground storage tank” and

“Regulated substance” insofar as the term includes substances not regulated under the federal program.

(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” insofar as the term includes substances not regulated under the federal program

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

.

(1) Section 9VAC25-580-10 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

(

“Regulated substance” insofar as the term includes substances not regulated under the federal program

(2) Section 9VAC25-580-40 Permitting and inspection requirements for all UST systems, USBC permitting and inspection requirements

(3) Section 9VAC25-580-50 Performance standards for new UST systems, subdivision 4.b. USBC permitting and inspection requirements, subdivision 5. USBC permitting requirement to demonstrate compliance with subdivision 4. of 9VAC25-580-50

(4) Section 9VAC25-580-60 Upgrading of existing UST systems, USBC permitting and inspection requirements

(5) Section 9VAC25-580-110 Repairs allowed, USBC permitting and inspection requirements

(6) Section 9VAC25-580-160 Methods of release detection for tanks, USBC permitting and inspection requirements

(7) Section 9VAC25-580-170 Methods of release detection for piping, USBC permitting and inspection requirements

(8) Section 9VAC25-580-310 Temporary closure, USBC permitting and inspection requirements

(9) Section 9VAC25-580-320 Permanent closure and changes-in-service, USBC permitting and inspection requirements

(10) Section 9VAC25-580-380 General Requirements, USBC permitting and inspection requirements

(11) Section 9VAC25-580-390 Additions, exceptions, and alternatives for UST systems with field-constructed tanks and airport hydrant systems, USBC permitting and inspection requirements

(2) Statement of legal authority.

(i)

“Attorney General's Statement,” signed by the

State

Assistant 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

, via authority delegated by the Attorney General, on November 20, 2018, though not incorporated by reference, is referenced as part of the approved underground storage tank program

in accordance with

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” “Virginia UST Program Demonstration of Adequate Enforcement Procedures” submitted as part of the original program revision application for approval on July 15February 11, 19982019, though not incorporated by reference, is referenced as part of the approved underground storage tank program in accordance with under 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 program revision application on July 15February 11, 19982019, though not incorporated by reference, are referenced as part of the approved underground storage tank program in accordance with under Subtitle I of RCRA, 42 U.S.C. 6991 et seq.

(5) Memorandum of Agreement. The Memorandum of Agreement between EPA Region III 3 and the Virginia Department of Environmental Quality, signed by the EPA Regional Administrator on September 17November 26, 19982018, though not incorporated by reference, is referenced as part of the approved underground storage tank program in accordance with under Subtitle I of RCRA, 42 U.S.C. 6991 et seq.

[69 86 FR 33313, June 15, 200412114, Mar. 2, 2021]