[Code of Federal Regulations]
[Title 40, Volume 24]
[Revised as of July 1, 2003]
From the U.S. Government Printing Office via GPO Access
[CITE: 40CFR281.11]

[Page 521-522]
 
                   TITLE 40--PROTECTION OF ENVIRONMENT
 
                           AGENCY (CONTINUED)
 
PART 281--APPROVAL OF STATE UNDERGROUND STORAGE TANK PROGRAMS--Table of Contents
 
           Subpart A--Purpose, General Requirements and Scope
 
Sec. 281.11  General requirements.

    (a) State program elements. The following substantive elements of a 
state program must be addressed in a state application for approval:
    (1) Requirements for all existing and new underground storage tanks:
    (i) New UST systems (design, construction, installation, and 
notification);
    (ii) Upgrading of existing UST systems;
    (iii) General operating requirements;
    (iv) Release detection;
    (v) Release reporting, investigation, and confirmation;
    (vi) Out-of-service USTs and closure;
    (vii) Release response and corrective action; and
    (viii) Financial responsibility for UST systems containing 
petroleum.
    (2) Provisions for adequate enforcement of compliance with the above 
program elements.
    (b) Final approval. The state must demonstrate that its requirements

[[Page 522]]

under each state program element for existing and new UST systems are no 
less stringent than the corresponding federal requirements as set forth 
in subpart C of this part, except as provided in paragraph (c) of this 
section. The state must also demonstrate that it has a program that 
provides adequate enforcement of compliance with these requirements.
    (c) Interim approval. (1) The Administrator may approve state 
programs with requirements less stringent than the federal requirements 
for a period of 1 to 3 years from September 23, 1988. Such interim 
approval may be granted only if state regulatory and/or legislative 
change is required in order for the state program to be no less 
stringent than the federal requirements and standards under part 280 for 
one or more of the following program elements: Release detection at 
existing UST systems; release reporting and investigation; and out-of-
service or closed UST systems.
    (2) A state program may receive interim approval if it:
    (i) Has requirements for three elements:
    (A) Release Detection;
    (B) Release Reporting, Investigation, and Confirmation; and
    (C) Out-of-Service UST Systems and Closure; and
    (ii) Has requirements that are no less stringent than the 
corresponding federal requirements for five elements:
    (A) New UST System Design, Construction, Installation and 
Notification;
    (B) Upgrading Existing UST Systems;
    (C) General Operating Requirements;
    (D) Release Response and Corrective Action; and
    (E) Financial Responsibility for UST systems containing petroleum; 
and
    (iii) Provides for adequate enforcement of compliance with these 
requirements.
    (3) A state with a program that has received interim approval must 
receive final approval of an amended program containing program elements 
that are no less stringent than the corresponding federal program 
elements under subpart C in accordance with the following schedule:
    (i) If only state regulatory action is required, the state must 
submit an amended program to EPA for approval before September 23, 1989.
    (ii) If only state legislative action is required, the state must 
submit an amended program to EPA for approval before September 23, 1990.
    (iii) If both state legislative and regulatory action are required, 
the state must submit an amended program to EPA for approval before 
September 23, 1991.
    (d) States with programs approved under this part are authorized to 
administer the state program in lieu of the federal program and will 
have primary enforcement responsibility with respect to the requirements 
of the approved program. EPA retains authority to take enforcement 
action in approved states as necessary and will notify the designated 
lead state agency of any such intended action.