[Federal Register Volume 61, Number 12 (Thursday, January 18, 1996)]
[Rules and Regulations]
[Pages 1216-1220]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-521]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 282
[FRL-5304-2]
Underground Storage Tank Program: Approved State Program for New
Mexico
AGENCY: Environmental Protection Agency (EPA).
ACTION: Immediate final rule.
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SUMMARY: The Resource Conservation and Recovery Act of 1976, as amended
(RCRA), authorizes the U.S. Environmental Protection Agency (EPA) to
grant approval to states to operate their underground storage tank
programs in lieu of the federal program. 40 CFR part 282 codifies EPA's
decision to approve state programs and incorporates by reference those
provisions of the state statutes and regulations that will be subject
to EPA's inspection and enforcement authorities under sections 9005 and
9006 of RCRA subtitle I and other applicable statutory and regulatory
provisions. This rule codifies in part 282 the prior approval of New
Mexico's underground storage tank program and incorporates by reference
appropriate provisions of state statutes and regulations.
DATES: This regulation is effective March 18, 1996, unless EPA
publishes a prior Federal Register notice withdrawing this immediate
final rule. All comments on the codification of New Mexico's
underground storage tank program must be received by the close of
business February 20, 1996. The incorporation by reference of certain
publications listed in the regulations is approved by the Director of
the Federal Register, as of March 18, 1996, in accordance with 5 U.S.C.
552(a).
ADDRESSES: Comments may be mailed to the Docket Clerk, Underground
Storage Tank Program, 6H-A, U.S. EPA Region 6, 1445 Ross Avenue,
Dallas, TX 75202-2733. Comments received by EPA may be inspected in the
public docket, located in the EPA Region 6 Library (12th floor) from 8
a.m. to 4:30 p.m., Monday through Friday, excluding federal holidays.
FOR FURTHER INFORMATION CONTACT: Gary Fisher, Underground Storage Tank
Program, 6H-A, U.S. EPA Region 6, 1445 Ross Avenue, Dallas, TX 75202-
2733. Phone: (214) 665-8048.
SUPPLEMENTARY INFORMATION:
Background
Section 9004 of the Resource Conservation and Recovery Act of 1976,
as amended, (RCRA), 42 U.S.C. 6991c, allows the U.S. Environmental
Protection Agency to approve state underground storage tank programs to
operate in the state in lieu of the federal underground storage tank
program. EPA published a Federal Register document announcing its
decision to grant approval to New Mexico on August 21, 1990 (55 FR
38064). Approval was effective on November 16, 1990.
EPA codifies its approval of State programs in 40 CFR part 282 and
incorporates by reference therein the state statutes and regulations
that will be subject to EPA's inspection and enforcement authorities
under sections 9005 and 9006 of subtitle I of RCRA, 42 U.S.C. 6991d and
6991e, and other applicable statutory and regulatory provisions.
Today's rulemaking codifies EPA's approval of the New Mexico
underground storage tank program. This codification reflects the state
program in effect at the time EPA granted New Mexico approval under
section 9004(a), 42 U.S.C. 6991c(a) for its underground storage tank
program. Notice and opportunity for comment were provided earlier on
the Agency's decision to approve the New Mexico program, and EPA is not
now reopening that decision nor requesting comment on it.
This effort provides clear notice to the public of the scope of the
approved program in each state. By codifying the approved New Mexico
program and by amending the Code of Federal Regulations whenever a new
or different set of requirements is approved in New Mexico, the status
of federally approved requirements of the New Mexico program will be
readily discernible. Only those provisions of the New Mexico
underground storage tank program for which approval has been granted by
EPA will be incorporated by reference for enforcement purposes.
To codify EPA's approval of New Mexico's underground storage tank
program, EPA has added section 282.81 to title 40 of the CFR. Section
282.81 incorporates by reference for enforcement purposes the State's
statutes and regulations. Section 282.81 also references the Attorney
General's Statement, Demonstration of Adequate Enforcement Procedures,
the Program Description, and the Memorandum of Agreement, which are
approved as part of the underground storage tank program under subtitle
I of RCRA.
The Agency retains the authority under sections 9005 and 9006 of
subtitle I of RCRA, 42 U.S.C. 6991d and 6991e, and other applicable
statutory and regulatory provisions to undertake inspections and
enforcement actions in approved states. With respect to such an
enforcement action, the Agency will rely on federal sanctions, federal
inspection authorities, and federal
[[Page 1217]]
procedures rather than the state authorized analogs to these
provisions. Therefore, the approved New Mexico enforcement authorities
will not be incorporated by reference. Section 282.81 lists those
approved New Mexico authorities that would fall into this category.
The public also needs to be aware that some provisions of the
State's underground storage tank program are not part of the federally
approved state program. These non-approved provisions are not part of
the RCRA Subtitle I program because they are ``broader in scope'' than
Subtitle I of RCRA. See 40 CFR 281.12(a)(3)(ii). As a result, state
provisions which are ``broader in scope'' than the federal program are
not incorporated by reference for purposes of enforcement in part 282.
Section 282.81 of the codification simply lists for reference and
clarity the New Mexico statutory and regulatory provisions which are
``broader in scope'' than the federal program and which are not,
therefore, part of the approved program being codified today. ``Broader
in scope'' provisions cannot be enforced by EPA; the State, however,
will continue to enforce such provisions.
Certification Under the Regulatory Flexibility Act
This rule codifies the decision already made (55 FR 38064, August
21, 1990) to approve the New Mexico underground storage tank program
and thus has no separate effect. Therefore, this rule does not require
a regulatory flexibility analysis. Thus, pursuant to section 605(b) of
the Regulatory Flexibility Act, 5 U.S.C. 605(b), I hereby certify that
this rule will not have a significant economic impact on a substantial
number of small entities.
Compliance With Executive Order 12866
The Office of Management and Budget has exempted this rule from the
requirements of Section 6 of Executive Order 12866.
Paperwork Reduction Act
Under the Paperwork Reduction Act, 44 U.S.C. 3501 et seq., Federal
agencies must consider the paperwork burden imposed by any information
request contained in a proposed or final rule. This rule will not
impose any information requirements upon the regulated community.
List of Subjects in 40 CFR Part 282
Environmental protection, Hazardous substances, Incorporation by
reference, Intergovernmental relations, State program approval,
Underground storage tanks, Water pollution control.
Dated: October 20, 1995.
A. Stanley Meiburg,
Acting Regional Administrator.
For the reasons set forth in the preamble, 40 CFR Part 282 is
amended as follows:
PART 282--APPROVED UNDERGROUND STORAGE TANK PROGRAMS
1. The authority citation for part 282 continues to read as
follows:
Authority: 42 U.S.C. 6912, 6991c, 6991d, and 6991e.
Subpart B--Approved State Programs
2. Subpart B is amended by adding Sec. 282.81 to read as follows:
Sec. 282.81 New Mexico State-Administered Program.
(a) The State of New Mexico is approved to administer and enforce
an underground storage tank program in lieu of the federal program
under Subtitle I of the Resource Conservation and Recovery Act of 1976
(RCRA), as amended, 42 U.S.C. 6991 et seq. The State's program, as
administered by the New Mexico Environmental Improvement Board, was
approved by EPA pursuant to 42 U.S.C. 6991c and part 281 of this
Chapter. EPA approved the New Mexico program on August 21, 1990 and it
was effective on November 16, 1990.
(b) New Mexico has primary responsibility for enforcing its
underground storage tank program. However, EPA retains the authority to
exercise its inspection and enforcement authorities under sections 9005
and 9006 of subtitle I of RCRA, 42 U.S.C. 6991d and 6991e, as well as
under other statutory and regulatory provisions.
(c) To retain program approval, New Mexico must revise its approved
program to adopt new changes to the federal subtitle I program which
make it more stringent, in accordance with section 9004 of RCRA, 42
U.S.C. 6991c, and 40 CFR part 281, subpart E. If New Mexico obtains
approval for the revised requirements pursuant to section 9004 of RCRA,
42 U.S.C. 6991c, the newly approved statutory and regulatory provisions
will be added to this subpart and notice of any change will be
published in the Federal Register.
(d) New Mexico has final approval for the following elements
submitted to EPA in New Mexico's program application for final approval
and approved by EPA on August 21, 1990. Copies may be obtained from the
Underground Storage Tank Program, New Mexico Environmental Improvement
Board, 1190 St. Francis Drive, Santa Fe, NM 87503.
(1) State statutes and regulations. (i) The provisions cited in
this paragraph are incorporated by reference as part of the underground
storage tank program under subtitle I of RCRA, 42 U.S.C. 6991 et seq.
(A) New Mexico Statutory Requirements Applicable to the Underground
Storage Tank Program, 1995.
(B) New Mexico Regulatory Requirements Applicable to the
Underground Storage Tank Program, 1995.
(ii) The following statutes and regulations are part of the
approved state program, although not incorporated by reference herein
for enforcement purposes.
(A) The statutory provisions include:
(1) New Mexico Statutes 1978 Annotated, Chapter 74, Environmental
Improvement.
(i) Article 4: Hazardous Wastes.
74-4-4.2 Permits; Issuance; Denial; Modification; Suspension;
Revocation
74-4-4.3 Entry; Availability of Records
74-4-10 Enforcement; Compliance Orders; Civil Penalties
74-4-11 Penalty; Criminal
74-4-12 Penalty; Civil
74-4-13 Imminent Hazards; Authority of Director; Penalties
74-4-14 Administrative Actions; Judicial Review
(ii) Article 6: Water Quality.
74-6-7 Administrative Action; Judicial Review
74-6-10 Penalties Enforcement; Compliance Orders; Penalties;
Assurance of Discontinuance
74-6-10.1 Civil Penalties
74-6-10.2 Criminal Penalties
74-6-11 Emergency; Powers of Delegated Constituent Agencies;
Penalties
(iii) Article 6B: Ground Water Protection.
74-6B-5 Department's Right of Entry and Inspection
(B) The regulatory provisions include:
(1) State of New Mexico Environmental Improvement Board Underground
Storage Tank Regulations.
(i) Part X: Administrative Review.
Sec. 1000 Informal Review
Sec. 1001 Review By the Director on Written Memoranda
Sec. 1002 Public Participation
(2) New Mexico Rules Governing Appeals From Compliance Orders Under the
Hazardous Waste Act and the Solid Waste Act.
[[Page 1218]]
(i) Part I: General Provisions.
Sec. 101 Authority
Sec. 102 Scope of Rules; Applicability of Rules of Civil Procedure
Sec. 103 Definitions
Sec. 104 Use of Number and Gender
Sec. 105 Powers and Duties of the Director, Hearing Officer, and
Hearing Clerk
Sec. 106 Computation and Extension of Time
Sec. 107 Ex Parte Discussions
Sec. 108 Examination of Documents Filed
Sec. 109 Settlement; Consent Agreement
(ii) Part II: Document Requirements.
Sec. 201 Filing, Service, and Form of Documents
Sec. 202 Filing and Service of Documents Issued by Hearing Officer
Sec. 203 Compliance Order
Sec. 204 Request for Hearing; Answer to Compliance Order
Sec. 205 Notice of Docketing; Notice of Hearing Officer Assignment
Sec. 206 Motions
(iii) Part III: Prehearing Procedures and Discovery.
Sec. 301 General Rules Regarding Discovery
Sec. 302 Identity of Witnesses
Sec. 303 Production of Documents
Sec. 304 Request for Admissions
Sec. 305 Subpoenas
Sec. 306 Other Discovery
(iv) Part IV: Hearing Procedures.
Sec. 401 Scheduling the Hearing
Sec. 402 Evidence
Sec. 403 Objections and Offers of Proof
Sec. 404 Burden of Presentation; Burden of Persuasion
(v) Part V: Post-Hearing Procedures.
Sec. 501 Filing the Transcript
Sec. 502 Proposed Findings, Conclusions and Orders
Sec. 503 Recommended Decision
Sec. 504 Final Order by Director
Sec. 505 Judicial Review
(vi) Part VI: Miscellaneous Provisions.
Sec. 601 Liberal Construction
Sec. 602 Severability
Sec. 603 Supersession of Prior Rules
Sec. 604 Savings Clause
(iii) The following statutory and regulatory provisions are broader
in scope than the federal program, are not part of the approved
program, and are not incorporated by reference herein for enforcement
purposes.
(A) New Mexico Statutes 1978 Annotated, Chapter 74, Environmental
Improvement.
(1) 74-4-4.4 Underground Storage Tanks; Registration; Installer
Certification; Fees [Insofar as it applies to individuals other than
UST owners and operators.]
(B) State of New Mexico Environmental Improvement Board Underground
Storage Tank Regulations.
(1) Part I: General Provisions.
Sec. 103 Applicability [Insofar as it does not exclude UST systems
with de minimis concentrations of regulated substances; emergency spill
or overflow containment UST systems expeditiously emptied after use;
UST systems that are part of emergency generator systems at nuclear
power generation facilities; airport hydrant fuel distribution systems;
and UST systems with field-constructed tanks; and does not defer
emergency power generator UST systems.]
(2) Part XIV: Certification of Tank Installers [Insofar as it
applies to individuals other than UST owners and operators.]
Sec. 1400 Purpose
Sec. 1401 Legal Authority
Sec. 1402 Definitions
Sec. 1403 Applicability
Sec. 1404 General Requirements
Sec. 1405 Contractor Certification
Sec. 1406 Individual Certification
Sec. 1407 Experience Requirements
Sec. 1408 Written Examination
Sec. 1409 On-Site Examination
Sec. 1410 Approval of Comparable Certification Programs
Sec. 1411 Denial of Certificates
Sec. 1412 Renewal of Certificates
Sec. 1413 Installer Duties and Obligations
Sec. 1414 Division Approval of Training and Continuing Education
Sec. 1415 Complaints
Sec. 1416 Investigations, Enforcement, Penalties
Sec. 1417 Division Actions Against Certificates
(2) Statement of legal authority. (i) ``Attorney General's
Statement for Final Approval'', signed by the Attorney General of New
Mexico on June 25, 1990, though not incorporated by reference, is
referenced as part of the approved underground storage tank program
under Subtitle I of RCRA, 42 U.S.C. 6991 et seq.
(ii) Letter from the Attorney General of New Mexico to EPA, June
25, 1990, though not incorporated by reference, is referenced as part
of the approved underground storage tank program under Subtitle I of
RCRA, 42 U.S.C. 6991 et seq.
(3) Demonstration of procedures for adequate enforcement. The
``Demonstration of Procedures for Adequate Enforcement'' submitted as
part of the original application on September 25, 1989, though not
incorporated by reference, is referenced as part of the approved
underground storage tank program under subtitle I of RCRA, 42 U.S.C.
6991 et seq.
(4) Program Description. The program description and any other
material submitted as part of the original application on September 25,
1990, though not incorporated by reference, are referenced as part of
the approved underground storage tank program under Subtitle I of RCRA,
42 U.S.C. 6991 et seq.
(5) Memorandum of Agreement. The Memorandum of Agreement between
EPA Region 6 and the New Mexico Environmental Improvement Board, signed
by the EPA Regional Administrator on September 13, 1990, though not
incorporated by reference, is referenced as part of the approved
underground storage tank program under subtitle I of RCRA, 42 U.S.C.
6991 et seq.
3. Appendix A to Part 282 is amended by adding in alphabetical
order ``New Mexico'' and its listing.
Appendix A to Part 282--State Requirements Incorporated by
Reference in Part 282 of the Code of Federal Regulations
* * * * *
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
[[Page 1219]]
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
Sec. 100 Purpose
Sec. 101 Legal Authority
Sec. 102 Definitions
Sec. 103 Applicability
b. Part II: Registration of Tanks
Sec. 200 Existing Tanks
Sec. 201 Transfer of Ownership
Sec. 202 New UST System
Sec. 203 Substantially Modified UST Systems
Sec. 204 Notification of Spill or Release
Sec. 205 Emergency Repairs and Tank Replacement
Sec. 206 Application Forms
Sec. 207 Registration Certificate
c. Part III: Annual Fee
Sec. 300 Payment of Fee
Sec. 301 Amount of Fee
Sec. 302 Late Payment Penalties
d. Part IV: New and Upgraded UST Systems: Design, Construction,
and Installation
Sec. 400 Performance Standards for New UST Systems
Sec. 401 Upgrading of Existing UST Systems
Sec. 402 Certificate of Compliance; Notification Requirements
e. Part V: General Operating Requirements
Sec. 500 Spill and Overfill Control
Sec. 501 Operation and Maintenance of Corrosion Protection
Sec. 502 Compatibility
Sec. 503 Repairs Allowed
Sec. 504 Reporting and Recordkeeping
Sec. 505 Inspections, Monitoring and Testing
f. Part VI: Release Detection
Sec. 600 General Requirements for All UST Systems
Sec. 601 Requirements for Petroleum UST Systems
Sec. 602 Requirements for Hazardous Substance UST Systems
Sec. 603 Methods of Release Detection for Tanks
Sec. 604 Methods of Release Detection for Piping
Sec. 605 Release Detection Recordkeeping
g. Part VII: Release Reporting, Investigation, and Confirmation
Sec. 700 Reporting of Suspected Releases
Sec. 701 Investigation Due to Off-Site Impacts
Sec. 702 Release Investigation and Confirmation Steps
Sec. 703 Reporting and Cleanup of Spills and Overfills
h. Part VIII: Out-of-Service Systems and Closure
Sec. 800 Temporary Closure
Sec. 801 Permanent Closure and Changes-in-Service
Sec. 802 Assessing the Site at Closure or Change-in-Service
Sec. 803 Applicability to Previously Closed UST Systems
Sec. 804 Closure Records
i. Part IX: Financial Responsibility
Sec. 900 Applicability
Sec. 901 Compliance Dates
Sec. 902 Definition of Terms
Sec. 903 Amount and Scope of Required Financial Responsibility
Sec. 904 Allowable Mechanisms and Combinations of Mechanisms
Sec. 905 Financial Test of Self-Insurance
Sec. 906 Guarantee
Sec. 907 Insurance and Risk Retention Group Coverage
Sec. 908 Surety Bond
Sec. 909 Letter of Credit
Sec. 910 Use of State-Required Mechanism
Sec. 911 State Fund or Other State Assurance
Sec. 912 Trust Fund
Sec. 913 Standby Trust Fund
Sec. 914 Substitution of Financial Assurance Mechanisms by
Owner or Operator
Sec. 915 Cancellation or Nonrenewal by a Provider of Financial
Assurance
Sec. 916 Reporting by Owner or Operator
Sec. 917 Recordkeeping
Sec. 918 Drawing on Financial Assurance Mechanisms
Sec. 919 Release from the Requirements
Sec. 920 Bankruptcy or Other Incapacity of Owner or Operator or
Provider of Financial Assurance
Sec. 921 Replenishment of Guarantees, Letters of Credit, or
Surety Bonds
Sec. 922 Suspension of Enforcement [reserved]
j. Part XI: Miscellaneous
Sec. 1100 Compliance with Other Regulations
Sec. 1101 Construction
Sec. 1102 Severability
k. Part XII: Corrective Action for UST Systems Containing
Petroleum
Sec. 1200 General
Sec. 1201 Definitions
Sec. 1202 Initial Response
Sec. 1203 Initial Abatement
Sec. 1204 72 Hour and 7 Day Reporting Requirements
Sec. 1205 On-Site Investigation
Sec. 1206 Report on the On-Site Investigation
Sec. 1207 Split Samples and Sampling Procedures
Sec. 1208 Free Product Removal
Sec. 1209 Treatment of Highly Contaminated Soils
Sec. 1210 Hydrogeologic Investigation
Sec. 1211 Review and Approval of Hydrogeologic Investigation
Sec. 1212 Reclamation Proposal
Sec. 1213 Public Notice of Reclamation Proposal
Sec. 1214 Review and Approval of Reclamation Proposal
Sec. 1215 Implementation of Reclamation Proposal
Sec. 1216 Quarterly Reports
Sec. 1217 Evaluation of Corrective Action System
Sec. 1218 Modification of Reclamation Proposal
Sec. 1219 Termination of Reclamation
Sec. 1220 Technical Infeasibility for Completion of Reclamation
Sec. 1221 Request for Extension of Time
Sec. 1222 Request for Variance
l. Part XIII: Corrective Action for UST Systems Containing Other
Regulated Substances
Sec. 1300 General
Sec. 1301 Definitions
Sec. 1302 Initial Response
Sec. 1303 Initial Abatement
Sec. 1304 72 Hour and 7 Day Reporting Requirements
Sec. 1305 On-Site Investigation
Sec. 1306 Report on the On-Site Investigation
Sec. 1307 Split Samples and Sampling Procedures
Sec. 1308 Hydrogeologic Investigation
Sec. 1309 Review and Approval of Hydrogeologic Investigation
Sec. 1310 Reclamation Proposal
Sec. 1311 Public Notice of Reclamation Proposal
Sec. 1312 Review and Approval of Reclamation Proposal
Sec. 1313 Implementation of Reclamation Proposal
Sec. 1314 Quarterly Reports
Sec. 1315 Evaluation of Corrective Action System
Sec. 1316 Modification of Reclamation Proposal
Sec. 1317 Termination of Reclamation
Sec. 1318 Additional Water Quality Standards
Sec. 1319 Request for Extension of Time
[[Page 1220]]
Sec. 1320 Request for Variance
m. Part XV: Ground Water Protection Act Regulations
Sec. 1500 Purpose
Sec. 1501 Legal Authority
Sec. 1502 Definitions
Sec. 1503 Construction
Sec. 1504 Permissible Fund Expenditures
Sec. 1505 Priorities for Fund Expenditures
Sec. 1506 Site-Specific Allocation of Fund Monies
Sec. 1507 Reserved and Dedicated Fund Monies
Sec. 1508 Minimum Site Assessment
2. Corrective Action Fund Payment and Reimbursement Regulations
a. Part I: General Provisions
Sec. 101 Authority
Sec. 102 Purpose
Sec. 103 Applicability
Sec. 104 Definitions
b. Part II: Compliance Determinations
Sec. 201 General
Sec. 202 Determination of Compliance under Section 74-6B-8
Sec. 203 Compliance Determination Following Written Submission
c. Part III: Eligible and Ineligible Costs
Sec. 301 Minimum Site Assessment
Sec. 302 Corrective Action
d. Part IV: Application, Payment, and Reimbursement
Sec. 401 Application, Payment, and Reimbursement Process
e. Part V: Administrative Review
Sec. 501 Review by the Director on Written Submittal
Sec. 502 Request for Hearing on Determinations of Compliance
and Cost Eligibility
Sec. 503 Notice of Docketing and Hearing Officer Assignment;
Motions; Prehearing Procedures and Discovery; Hearing and Post-
Hearing Procedures
f. Part VI: Miscellaneous Provisions
Sec. 601 Liberal Construction
Sec. 602 Severability
Sec. 603 Compliance
[FR Doc. 96-521 Filed 1-17-96; 8:45 am]
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