[Code of Federal Regulations] [Title 40, Volume 26] [Revised as of July 1, 2005] From the U.S. Government Printing Office via GPO Access [CITE: 40CFR282.68] [Page 556-557] TITLE 40--PROTECTION OF ENVIRONMENT AGENCY (CONTINUED) PART 282_APPROVED UNDERGROUND STORAGE TANK PROGRAMS--Table of Contents Subpart B_Approved State Programs Sec. 282.68 Louisiana State-Administered Program. (a) The State of Louisiana 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 Louisiana Department of Environmental Quality, was approved by EPA pursuant to 42 U.S.C. 6991c and part 281 of this Chapter. EPA approved the Louisiana program on July 24, 1992 and it was effective on September 4, 1992. (b) Louisiana 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, Louisiana 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 Louisiana 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) Louisiana has final approval for the following elements submitted to EPA in Louisiana's program application for final approval and approved by EPA on July 24, 1992. Copies may be obtained from the Underground Storage Tank Program, Louisiana Department of Environmental Quality, 7290 Bluebonnet Road, Baton Rouge, LA 70810-1612. (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) Louisiana Statutory Requirements Applicable to the Underground Storage Tank Program, 1995. (B) Louisiana 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) Louisiana Revised Statutes, Title 30 Sec. 2012 Enforcement Inspections Sec. 2025 Enforcement Sec. 2026 Citizen Suits Sec. 2077 Remediation of Pollution Sec. 2172 Policy and Purpose Sec. 2275 Demand by Secretary; Remedial Action (B) The regulatory provisions include: (1) Louisiana Environmental Regulatory Code, Part XI: Underground Storage Tanks, Chapter 15--Enforcement: Sec. 1501 Inspection and Entry Sec. 1503 Failure to Comply Sec. 1505 Investigations: Purposes, Notice (iii) The following 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) Louisiana Environmental Regulatory Code, Part XI: Underground Storage Tanks (1) Chapter 13--Certification Requirements for Persons Who Install, Repair, or Close Underground Storage Tank Systems [Insofar as it applies to individuals other than UST owners and operators.] Sec. 1301 Applicability Sec. 1303 Definitions Sec. 1305 Categories of Certification and Requirements for Issuance and Renewal of Certificates Sec. 1307 Certification Examinations Sec. 1309 Approval of Continuing Training Courses Sec. 1311 Denial of Issuance or Renewal of a Certificate or Revocation of a Certificate Sec. 1313 UST Certification Board (2) Statement of legal authority. (i) ``Attorney General's Statement for Final Approval'', signed by the Attorney General of Louisiana on September 12, 1991, though not incorporated by reference, is referenced as part of the [[Page 557]] approved underground storage tank program under Subtitle I of RCRA, 42 U.S.C. 6991 et seq. (ii) Letter from the Attorney General of Louisiana to EPA, September 12, 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. (3) Demonstration of procedures for adequate enforcement. The ``Demonstration of Procedures for Adequate Enforcement'' submitted as part of the original application on October 15, 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. (4) Program description. The program description and any other material submitted as part of the original application on October 15, 1991, 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 Louisiana Department of Environmental Quality, signed by the EPA Regional Administrator on May 14, 1992, 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. [61 FR 1212, Jan. 18, 1996]