[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: 40CFR282.79]

[Page 549-550]
 
                   TITLE 40--PROTECTION OF ENVIRONMENT
 
                           AGENCY (CONTINUED)
 
PART 282--APPROVED UNDERGROUND STORAGE TANK PROGRAMS--Table of Contents
 
                   Subpart B--Approved State Programs
 
Sec. 282.79  New Hampshire State-Administered Program.

    (a) The State of New Hampshire 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 Hampshire Department of Environmental Services, was approved 
by EPA pursuant to 42 U.S.C. 6991c and part 281 of this Chapter. EPA's 
approval was effective on July 19, 1991.
    (b) New Hampshire has primary responsibility for enforcing its 
underground storage tank program. However, EPA retains the authority to 
exercise its enforcement authorities under sections 9005 and 9006 of 
subtitle I of RCRA, 42 U.S.C. 6991d and 6991e, as well as under other 
applicable statutory and regulatory provisions.
    (c) To retain program approval, New Hampshire must revise its 
approved program to adopt 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 Hampshire 
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 section and notice of any change will 
be published in the Federal Register.
    (d) New Hampshire has final approval for the following elements 
submitted to EPA in New Hampshire's program application for final 
approval and approved by EPA on June 19, 1991, becoming effective on 
July 19, 1991. Copies may be obtained from the Underground Storage Tank 
Program, New Hampshire Department of Environmental Services, 6 Hazen 
Drive, Concord, NH 03302-0095.
    (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 Hampshire Statutory Requirements Applicable to the 
Underground Storage Tank Program, 1993.
    (B) New Hampshire Regulatory Requirements Applicable to the 
Underground Storage Tank Program, 1993.
    (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: New Hampshire Revised Statutes 
Annotated (Supplement 1988) Sections 146-C:9a, 146-C:10, and 146-C:10a; 
147 A:1 through 147-A:13; 541-A:1 through 541-A:10; 91-A:1 through 91-
A:8.
    (B) The regulatory provisions include: New Hampshire Code of 
Administrative Rules (1990) Part Env. C-602.08; Part He-P 1905.
    (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) The statutory provisions include: New Hampshire Revised Statutes 
Annotated (Supplement 1988) Section 146-C:1.XII, insofar as it refers to 
heating oil for consumptive use on the premises where stored.
    (B) The regulatory provisions include: New Hampshire Code of 
Administrative Rules (1990) Sections Env-Ws 411.01 and 411.02, insofar 
as they refer to heating oil for consumptive use on the premises where 
stored.
    (2) Statement of legal authority. (i) ``Attorney General's Statement 
for Final Approval'', signed by the Attorney General of New Hampshire on 
November 1, 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 Hampshire to EPA, 
November 1, 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.

[[Page 550]]

    (3) Demonstration of procedures for adequate enforcement. The 
``Demonstration of Procedures For Adequate Enforcement'' submitted as 
part of the original application in December 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.
    (4) Program description. The program description and any other 
material submitted as part of the original application in December 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 I and the New Hampshire Department of Environmental Services, 
signed by the EPA Regional Administrator on August 8, 1991, 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.