§ 282.98 - West Virginia State-Administered Program.

§ 282.98 West Virginia State-Administered Program.

Cross Reference

Link to an amendment published at 85 FR 56176, Sept. 11, 2020.

(a) The State of West 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 West Virginia Department of Environmental Protection, was approved by EPA pursuant to 42 U.S.C. 6991c and 40 CFR 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. A subsequent program revision application was approved by EPA and became effective on November 10, 2020.

(b) West 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, West 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 West Virginia obtains approval for the revised requirements pursuant to section 9004 of RCRA, 42 U.S.C. 6991c, the newly approved statutory and regulatory provisions will be added to this subpart and notice of any change will be published in the Federal Register.

(d) West Virginia has final approval for the following elements of its program application originally submitted to EPA in the State's program application for final approval. On and approved on September 23, 1997 , EPA published notice of approval of the State's program in the Federal Register, 62 FR 49620. That approval became effective on and effective 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, and the program revision application approved by EPA, effective on November 10, 2020.

(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 West Virginia regulations and statutes that are incorporated by reference in this paragraph from Terry Fletcher, Acting Communications Director, West Virginia Department of Environmental Protection, 601 57th St. SE, Charleston, WV 25304; Phone number: 304-926-0499 ext 49720; email address, [e-mail]; Hours: Monday-Friday, 7:00 a.m. to 3:30 p.m. 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) West Virginia Statutory Requirements Applicable to the Underground Storage Tank Program, 1997June 2011.

(B) West Virginia Regulatory Requirements Applicable to the Underground Storage Tank Program, 1997June 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 West Virginia, Chapter 22, Article 17: Underground Storage Tanks Tank Act

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)

Code of West Virginia, Chapter 22, Article 1: Department of Environmental Protection

Section 22-1-2 Definitions

(B) The regulatory provisions include:

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

Section 33-30-5 Delivery Prohibition

(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. These provisions are not federally enforceable.

(A) The statutory provisions include:

(1) Code of West Virginia, Chapter 22, Article 17: Underground Storage Tanks Tank Act

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

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

Appropriation 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 (except as to Individuals who Install)

Section 33-30-

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

Section 33-30-5 Carriers

6 Operator Training Requirements

(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)

Legal Authority. “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

Acting General Counsel, Chief of the Office of Legal Services, West Virginia Department of Environmental Protection, on June 8, 2017, 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 Procedures for adequate enforcementAdequate Enforcement. The “Demonstration of Procedures for Adequate Enforcement” submitted as part of the original program revision application on July 7June 24, 19972018, 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 Description. The program description and any other material submitted as part of the original program revision application on July 7June 24, 19972018, though not incorporated by reference, are 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.

(5) Memorandum of Agreement. The Memorandum of Agreement between EPA Region III 3 and the West Virginia Division Department of Environmental Protection, signed by the EPA Regional Administrator on September 15July 8, 19972018, 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 85 FR 33311, June 15, 200456176, Sept. 11, 2020]