[Federal Register Volume 61, Number 12 (Thursday, January 18, 1996)]
[Rules and Regulations]
[Pages 1223-1228]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-523]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 282
[FRL-5304-4]
Underground Storage Tank Program: Approved State Program for
Texas
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 Texas'
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 Texas' 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 Texas on March 7, 1995 (60 FR 14373).
Approval was effective on April 17, 1995.
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 Texas underground
storage tank program. This codification reflects the state program in
effect at the time EPA granted Texas 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 Texas 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 Texas program
and by amending the Code of Federal Regulations whenever a new or
different set of requirements is approved in Texas, the status of
federally approved requirements of the Texas program will be readily
discernible. Only those provisions of the Texas 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 Texas' underground storage tank
program, EPA has added section 282.93 to title 40 of the CFR. Section
282.93 incorporates by reference for enforcement purposes the State's
statutes and regulations. Section 282.93 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 procedures rather than the state
[[Page 1224]]
authorized analogs to these provisions. Therefore, the approved Texas
enforcement authorities will not be incorporated by reference. Section
282.93 lists those approved Texas 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 282.93 of the codification simply lists for reference and
clarity the Texas 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 (60 FR 14373, March 7,
1995) to approve the Texas 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
proposed to be 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. 282.93 to read as follows:
Sec. 282.93 Texas State-Administered Program.
(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 the Federal 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.
Sec. 26.013 Research, Investigations
Sec. 26.014 Power to Enter Property
Sec. 26.015 Power to Examine Records
Sec. 26.016 Enforcement Proceedings
Sec. 26.017 Cooperation
Sec. 26.019 Orders
Sec. 26.020 Hearing Powers
Sec. 26.021 Delegation of Hearing Powers
Sec. 26.022 Notice of Hearings; Continuance
Sec. 26.042 Monitoring and Reporting
Sec. 26.121 Unauthorized Discharges Prohibited
Sec. 26.122 Civil Penalty
Sec. 26.123 Enforcement by Commission
Sec. 26.124 Enforcement by Others
Sec. 26.125 Venue and Procedure
Sec. 26.126 Disposition of Civil Penalties
Sec. 26.136 Administrative Penalty
Sec. 26.212 Criminal Offense
Sec. 26.213 Criminal Penalty
Sec. 26.268 Penalties
Sec. 26.353 Commission Orders
Sec. 26.354 Emergency Orders
Sec. 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
Sec. 334.11 Enforcement
Sec. 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.
Sec. 337.1 Enforcement Orders
[[Page 1225]]
Sec. 337.2 Hearings on Violations
Sec. 337.3 Legal Proceedings
Sec. 337.4 Complaint File
Sec. 337.5 Confidentiality of Enforcement Information
Sec. 337.6 Force Majeure
(ii) Subchapter B: Enforcement Hearings.
Sec. 337.31 Purpose
Sec. 337.32 Remedies
Sec. 337.33 Definitions
Sec. 337.34 Substantial Noncompliance and Emergency Conditions
Sec. 337.35 Emergencies
Sec. 337.36 Preliminary Enforcement Report
Sec. 337.37 Notice
Sec. 337.38 Answer
Sec. 337.39 Commission Action
Sec. 337.40 Appeals of Administrative Penalties
(iii) Subchapter C: Water Rights Enforcement.
Sec. 337.51 Show-Cause Enforcement Procedures
Sec. 337.52 Notice
Sec. 337.53 Enforcement of Commission Orders
Sec. 337.54 Enforcement
(3) 31 Texas Administrative Code, Chapter 265--Procedures Before Public
Hearing.
Sec. 265.1 Initial Pleadings
Sec. 265.2 Executive Director Forwards Initial Pleadings to the
Commission
Sec. 265.3 Acceptance for Filing
Sec. 265.4 Affidavit of Publication
Sec. 265.5 Effect of Failure to Furnish Affidavit
Sec. 265.6 Conference Before Hearing
Sec. 265.7 Recordation of Conference Action
Sec. 265.8 Prefiled Testimony and Exhibits
Sec. 265.9 Written Protest
Sec. 265.10 Discovery
Sec. 265.11 Forms of Discovery
Sec. 265.12 Scope of Discovery
Sec. 265.13 Exceptions
Sec. 265.14 Protective Orders
Sec. 265.15 Duty to Supplement
Sec. 265.16 Discovery of Documents and Things
Sec. 265.17 Interrogatories to Parties
Sec. 265.18 Admission of Facts and Genuineness of Document
Sec. 265.19 Requests for Requests for Information
Sec. 265.20 Sanctions for Failure to Comply with Discovery Ruling
(4) 31 Texas Administrative Code, Chapter 267--Procedures During Public
Hearing.
Sec. 267.1 Designation of Parties
Sec. 267.2 Statutory Parties
Sec. 267.3 Rights of Parties at the Hearing
Sec. 267.4 Persons Not Parties
Sec. 267.5 Effect of Postponement
Sec. 267.6 Furnishing Copies of Pleadings
Sec. 267.7 Conference During Hearing
Sec. 267.8 Recordation of Hearing Conference Action
Sec. 267.9 Agreements to be in Writing
Sec. 267.10 Rulings in Commission Evidentiary Hearings
Sec. 267.11 Order of Presentation
Sec. 267.12 Alignment of Participants
Sec. 267.13 General Admissibility of Evidence
Sec. 267.14 Objections
Sec. 267.15 Interlocutory Appeals
Sec. 267.16 Cross-Examination of Witnesses
Sec. 267.17 Stipulation
Sec. 267.18 Exhibits
Sec. 267.19 Copies of Exhibits
Sec. 267.20 Abstracts of Documents
Sec. 267.21 Excluding Exhibits
Sec. 267.22 Official Notice
Sec. 267.23 Parties to be Informed of Material Officially Noticed
Sec. 267.24 Continuance
Sec. 267.25 Oral Argument
Sec. 267.26 Submittal of Findings of Fact and Conclusions of Law
(5) 31 Texas Administrative Code, Chapter 273--Procedures After Final
Decision.
Sec. 273.1 Motion for Rehearing
Sec. 273.2 Reply to Motion for Rehearing
Sec. 273.3 Granting of Motion for Rehearing
Sec. 273.4 Modification of Time Limits
Sec. 273.5 Decision Final and Appealable
Sec. 273.6 Appeal
Sec. 273.7 The Record
Sec. 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.
Sec. 26.341 Purpose (Insofar as it applies to aboveground storage
tanks.)
Sec. 26.342 Definitions (Insofar as (10) and (12) apply to aboveground
storage tanks.)
Sec. 26.344 Exemptions (Insofar as (a), (d), and (f) apply to
aboveground storage tanks.)
Sec. 26.3441 Aboveground Storage Tanks (Insofar as it applies to
aboveground storage tanks.)
Sec. 26.345 Administrative Provisions (Insofar as (a) and (e) apply to
aboveground storage tanks.)
Sec. 26.346 Registration Requirements (Insofar as (a) applies to
aboveground storage tanks.)
Sec. 26.349 Reporting of Releases and Corrective Action (Insofar as
(a) applies to aboveground storage tanks.)
Sec. 26.351 Corrective Action (Insofar as it applies to aboveground
storage tanks.)
Sec. 26.3511 Corrective Action by the Commission (Insofar as it
applies to aboveground storage tanks.)
Sec. 26.3514 Limits on Liability of Lender (Insofar as it applies to
aboveground storage tanks.)
Sec. 26.3515 Limits on Liability of Corporate Fiduciary (Insofar as it
applies to aboveground storage tanks.)
Sec. 26.355 Recovery of Costs (Insofar as it applies to aboveground
storage tanks.)
Sec. 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 Sec. 334.1(a)(1), (c), and (d)(2) apply to
aboveground storage tanks.
(ii) Insofar as Sec. 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 Sec. 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 Sec. 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 Sec. 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 Sec. 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)
Sec. 334.121 Purpose and Applicability
[[Page 1226]]
Sec. 334.122 Definitions
Sec. 334.123 Statutory Exemptions
Sec. 334.124 Commission Exclusions
Sec. 334.125 General Prohibitions and Requirements
Sec. 334.126 Installation Notification
Sec. 334.127 Registration
Sec. 334.128 Annual Facility Fees
Sec. 334.129 Release Reporting and Corrective Action
Sec. 334.130 Reporting and Recordkeeping
Sec. 334.131 Enforcement
Sec. 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)
Sec. 334.401 Certificate of Registration for UST Contractor
Sec. 334.402 Application for Certificate of Registration
Sec. 334.403 Issuance of Certificate of Registration
Sec. 334.404 Renewal of Certificate of Registration
Sec. 334.405 Denial of Certificate of Registration
Sec. 334.406 Fee Assessments for Certificate of Registration
Sec. 334.407 Other Requirements
Sec. 334.408 Exception to Registration Requirements
Sec. 334.409 Revocation, Suspension or Reinstatement of Certification
of Registration and License
Sec. 334.410 Notice of Hearings
Sec. 334.411 Type of Hearing
Sec. 334.412 Subchapter I Definitions
Sec. 334.413 License for Installers and On-Site Supervisors
Sec. 334.414 License for Installers and On-Site Supervisors
Sec. 334.415 License A and License B
Sec. 334.416 Requirements for Issuance of License A and License B
Sec. 334.417 Application for License A and License B
Sec. 334.418 Notification of Examination
Sec. 334.419 License A and License B Examination
Sec. 334.420 Issuance of License A or License B
Sec. 334.421 Renewal of License
Sec. 334.422 Denial of License A or License B
Sec. 334.423 Fees Assessments for License A and License B
Sec. 334.424 Other Requirements for a License A and License B
Sec. 334.425 Exceptions to License A and License B Requirements
Sec. 334.426 Revocation, Suspension, or Reinstatement of a License A
and License B
Sec. 334.427 Notice of Hearings
Sec. 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)
Sec. 334.451 Applicability of Subchapter J
Sec. 334.452 Exemptions from Subchapter J
Sec. 334.453 General Requirements and Prohibitions
Sec. 334.454 Exception for Emergency Abatement Actions
Sec. 334.455 Notice to Owner or Operator
Sec. 334.456 Application for Certificate of Registration for
Corrective Action Specialist
Sec. 334.457 Application for Certificate of Registration for
Corrective Action Project Manager
Sec. 334.458 Review and Issuance of Certificates of Registration
Sec. 334.459 Continuing Education Requirements for Corrective Action
Project Managers
Sec. 334.460 Renewal of Certificate of Registration for Corrective
Action Specialist and Corrective Action Project Manager
Sec. 334.461 Denial of Certificate of Registration
Sec. 334.462 Other Requirements
Sec. 334.463 Grounds for Revocation or Suspension of Certificate of
Registration
Sec. 334.465 Procedures for Revocation or Suspension of Certificate of
Registration
Sec. 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.
3. Appendix A to Part 282 is amended by adding in alphabetical
order ``Texas'' and its listing.
Appendix A to Part 282--State Requirements Incorporated by
Reference in part 282 of the Code of Federal Regulations
* * * * *
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
Sec. 26.341 Purpose (Except insofar as it applies to aboveground
storage tanks.)
Sec. 26.342 Definitions (Except insofar as (10) and (12) apply to
aboveground storage tanks.)
Sec. 26.343 Regulated Substances
Sec. 26.344 Exemptions (Except insofar as (a), (d), and (f) apply
to aboveground storage tanks.)
Sec. 26.345 Administrative Provisions (Except insofar as (a) and
(e) apply to aboveground storage tanks.)
Sec. 26.346 Registration Requirements (Except insofar as (a)
applies to aboveground storage tanks.)
Sec. 26.347 Tank Standards
Sec. 26.348 Leak Detection and Record Maintenance
Sec. 26.349 Reporting of Releases and Corrective Action (Except
insofar as (a) applies to aboveground storage tanks.)
Sec. 26.350 Tank Closure Requirements
Sec. 26.351 Corrective Action (Except insofar as it applies to
aboveground storage tanks.)
Sec. 26.3511 Corrective Action by the Commission (Except insofar as
it applies to aboveground storage tanks.)
Sec. 26.3512 Owner or Operator Responsibility; Limitations on Fund
Payments for Corrective Action
Sec. 26.3513 Liability and Costs: Multiple Owners and Operators
Sec. 26.3514 Limits on Liability of Lender (Except insofar as it
applies to aboveground storage tanks.)
[[Page 1227]]
Sec. 26.3515 Limits on Liability of Corporate Fiduciary (Except
insofar as it applies to aboveground storage tanks.)
Sec. 26.352 Financial Responsibility
Sec. 26.355 Recovery of Costs (Except insofar as it applies to
aboveground storage tanks.)
Sec. 26.357 Standards and Rules
Sec. 26.3571 Eligible Owner or Operator
Sec. 26.3572 Groundwater Protection Cleanup Program
Sec. 26.3573 Petroleum Storage Tank Remediation Fund
Sec. 26.35735 Claims Audit
Sec. 26.3574 Fee on Delivery of Certain Petroleum Products
Sec. 26.358 Storage Tank Fund; Fees (Except insofar as it applies
to aboveground storage tanks.)
Sec. 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
Sec. 334.1 Purpose and Applicability (Except insofar as
Sec. 334.1(a)(1), (c), and (d)(2) apply to aboveground storage
tanks.)
Sec. 334.2 Definitions
Sec. 334.3 Statutory Exemptions (Except insofar as Sec. 334.3(b)
applies release reporting and corrective action requirements to
certain hydraulic lift tanks that are exempt under the federal
program.)
Sec. 334.4 Commission Exclusions (Except insofar as Sec. 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.)
Sec. 334.5 General Prohibitions
Sec. 334.6 Construction Notification
Sec. 334.7 Registration
Sec. 334.8 Certification
Sec. 334.9 Seller's Disclosure
Sec. 334.10 Reporting and Recordkeeping
Sec. 334.12 Other General Provisions
2. Subchapter B: Underground Storage Tank Fees
Sec. 334.21 Fee Assessment
Sec. 334.22 Failure to Make Payment
Sec. 334.23 Disposition of Fees, Interest and Penalties
3. Subchapter C: Technical Standards
Sec. 334.41 Applicability
Sec. 334.42 General Standards
Sec. 334.43 Variances and Alternative Procedures
Sec. 334.44 Implementation Schedules
Sec. 334.45 Technical Standards for New UST Systems
Sec. 334.46 Installation Standards for New UST Systems
Sec. 334.47 Technical Standards for Existing UST Systems
Sec. 334.48 General Operating and Management Requirements
Sec. 334.49 Corrosion Protection
Sec. 334.50 Release Detection
Sec. 334.51 Spill and Overfill Prevention and Control
Sec. 334.52 UST System Repairs and Relining
Sec. 334.53 Reuse of Used Tanks
Sec. 334.54 Temporary Removal from Service
Sec. 334.55 Permanent Removal from Service
4. Subchapter D: Release Reporting and Corrective Action
Sec. 334.71 Applicability
Sec. 334.72 Reporting of Suspected Releases
Sec. 334.73 Investigation Due to Off-Site Impacts
Sec. 334.74 Release Investigation and Confirmation Steps
Sec. 334.75 Reporting and Cleanup of Surface Spills and Overfills
Sec. 334.76 Initial Response to Releases
Sec. 334.77 Initial Abatement Measures and Site Check
Sec. 334.78 Initial Site Characterization
Sec. 334.79 Free Product Removal
Sec. 334.80 Investigation for Soil and Groundwater Cleanup
Sec. 334.81 Corrective Action Plan
Sec. 334.82 Public Participation
Sec. 334.83 Emergency Orders
Sec. 334.84 Corrective Action by the Commission
Sec. 334.85 Management of Wastes
5. Subchapter E: Financial Responsibility
Sec. 334.91 Applicability
Sec. 334.92 Compliance Dates
Sec. 334.93 Amount and Scope of Required Financial Responsibility
Sec. 334.94 Allowable Mechanisms and Combinations of Mechanisms
Sec. 334.95 Financial Test of Self-Insurance
Sec. 334.96 Guarantee
Sec. 334.97 Insurance and Risk Retention Group Coverage
Sec. 334.98 Surety Bond
Sec. 334.99 Letter of Credit
Sec. 334.100 Trust Fund
Sec. 334.101 Standby Trust Fund
Sec. 334.102 Substitution of Financial Assurance Mechanisms by
Owner or Operator
Sec. 334.103 Cancellation or Nonrenewal by a Provider of Financial
Assurance
Sec. 334.104 Reporting by Owner or Operator
Sec. 334.105 Financial Assurance Recordkeeping
Sec. 334.106 Drawing on Financial Assurance Mechanisms
Sec. 334.107 Release from the Requirements
Sec. 334.108 Bankruptcy or Other Incapacity of Owner or Operator of
Provider of Financial Assurance
Sec. 334.109 Replenishment of Guarantees, Letters of Credit, or
Surety Bonds
6. Subchapter H: Interim Reimbursement Program
Sec. 334.301 Applicability of this Subchapter
Sec. 334.302 General Conditions and Limitations Regarding
Reimbursement--Interim Period
Sec. 334.303 Time to File Application--Interim Period
Sec. 334.304 Who May File Application--Interim Period
Sec. 334.305 Where and How Documents Must Be Filed--Interim Period
Sec. 334.306 Form and Contents of Application--Interim Period
Sec. 334.307 Technical Information Required--Interim Period
Sec. 334.308 Allowable Costs and Restrictions on Allowable Costs--
Interim Period
Sec. 334.309 Reimbursable Costs--Interim Period
Sec. 334.310 Requirements for Eligibility--Interim Period
Sec. 334.311 Determining the Number of Occurrences--Interim Period
Sec. 334.312 Owner/Operator Contribution
Sec. 334.313 Review of Application by Executive Director--Interim
Period
Sec. 334.314 Executive Director's Fund Payment Report--Initial
Period
Sec. 334.315 Protest of Fund Payment Report--Interim Period
Sec. 334.316 Formal Petition--Interim Period
Sec. 334.317 Hearing by the Commission--Interim Period
Sec. 334.318 Recovery of Costs--Interim Period
Sec. 334.319 Administrative Penalties and Other Actions--Initial
Period
Sec. 334.320 Responsibilities of Owners and Operators--Interim
Period
Sec. 334.321 Corrective Action by the Commission--Interim Period
Sec. 334.322 Subchapter H Definitions
7. Subchapter K: Petroleum Substance Waste
Sec. 334.481 Definitions
Sec. 334.482 General Prohibitions
Sec. 334.483 Disposal by Generator
Sec. 334.484 Registration Required for Petroleum-Substance Waste
Storage or Treatment Facilities
Sec. 334.485 Authorization for Class C and Class D Facilities
Sec. 334.486 Exemptions
Sec. 334.487 Notification and Mobilization Requirements for Class B
Facilities
Sec. 334.488 Effect on Existing Facilities
Sec. 334.489 Notice to Owners and Operators
Sec. 334.490 Public Notice
Sec. 334.491 Public Meetings for Class A Facilities
Sec. 334.492 Closure and Facility Expansion
Sec. 334.493 Location Standards for Class A Petroleum-Substance
Waste Storage or Treatment Facilities
Sec. 334.494 Shipping Procedures Applicable to Generators of
Petroleum-Substance Waste
Sec. 334.495 Recordkeeping and Reporting Procedures Applicable to
Generators
Sec. 334.496 Shipping Requirements Applicable to Transporters of
Petroleum-Substance Waste
Sec. 334.497 Shipping Requirements Applicable to Owners or
Operators of Storage Treatment or Disposal Facilities
[[Page 1228]]
Sec. 334.498 Recordkeeping Requirements Applicable to Owners or
Operators of Storage Treatment or Disposal Facilities
Sec. 334.499 Additional Reports
Sec. 334.500 Design and Operating Requirements of Stockpiles and
Land Surface Treatment Units
Sec. 334.501 Reuse of Petroleum-Substance Waste
Sec. 334.502 Contaminant Assessment Program and Corrective Action
Sec. 334.503 Security
Sec. 334.504 Contingency Plan
Sec. 334.505 Emergency Procedures
Sec. 334.506 Closure Requirements Applicable to Class A and Class B
Facilities
Sec. 334.507 General Requirements for Financial Assurance
Sec. 334.508 Mechanisms for Financial Assurance
Sec. 334.509 Liability Requirements for Class A and B Facilities
Sec. 334.510 Incapacity of Owners or Operators, Guarantors, or
Financial Institutions
8. Subchapter L: Overpayment Prevention
Sec. 334.530 Purpose and Applicability of the Subchapter
Sec. 334.531 Responsibility of Recipients of Money from the PSTR
Fund and Persons Paid by Recipients of Money from the PSTR Fund
Sec. 334.532 Payments
Sec. 334.533 Audits
Sec. 334.534 Notice of Overpayment
Sec. 334.535 Objections to the Notice of Overpayment and Formal
Petition for Hearing
Sec. 334.536 Hearing by the Commission
Sec. 334.537 Failure to Return Overpayment or Cooperative with
Audit or Investigation
Sec. 334.538 Administrative Penalties and Other Actions
9. Subchapter M: Reimbursable Cost Guidelines for the Petroleum
Storage Tank Reimbursement Program
Sec. 334.560 Reimbursable Cost Guidelines
[FR Doc. 96-523 Filed 1-17-96; 8:45 am]
BILLING CODE 6560-50-P
