[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: 40CFR282.78]

[Page 564-565]
 
                   TITLE 40--PROTECTION OF ENVIRONMENT
 
                           AGENCY (CONTINUED)
 
PART 282_APPROVED UNDERGROUND STORAGE TANK PROGRAMS--Table of Contents
 
                    Subpart B_Approved State Programs
 
Sec. 282.78  Nevada State-Administered Program.

    (a) The State of Nevada 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 Nevada Division of Environmental Protection was approved by EPA 
pursuant to 42 U.S.C. 6991c and part 281 of this chapter. EPA approved 
the Nevada program on December 24, 1992 and it was effective March 30, 
1993.
    (b) Nevada 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, Nevada must revise its approved 
program to adopt new changes to the Federal Subtitle I program, which 
makes it more stringent in accordance with section 9004 of RCRA, 42 
U.S.C. 6991c, and 40 CFR part 281, subpart E. If Nevada obtains approval 
for the revised requirements pursuant to section 9004 of

[[Page 565]]

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) Nevada has final approval for the following elements submitted 
to EPA in Nevada's program application for final approval and approved 
by EPA on December 24, 1992. Copies may be obtained from the Nevada 
State Office Library, Board Room, 100 Stewart Street, Carson City, 
Nevada 89710.
    (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) Nevada Statutory Requirements Applicable to the Underground 
Storage Tank Program, 1992.
    (B) Nevada Regulatory Requirements Applicable to the Underground 
Storage Tank Program, 1992.
    (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: Nevada Revised Statutes 459 
Underground Storage Tank Program (1992) Sections 459.826, 459.830, 
459.832, 459.834, 459.844, 459.846, 459.848, 459.850, 459.852, 459.854, 
and 459.856.
    (B) The regulatory provisions include: none.
    (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: 
none.
    (2) Statement of legal authority. (i) ``Attorney General's Statement 
of Final Approval,'' signed by the Attorney General of Nevada on 
December 1, 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.
    (ii) Letter from the Attorney General of Nevada to EPA, dated 
December 1, 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.
    (3) Demonstration of procedures for adequate enforcement. The 
``Demonstration of Procedures for Adequate Enforcement'' submitted as 
part of the original application of October 1, 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.
    (4) Program description. The program description and any other 
material submitted as part of the original application in October 1992, 
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 9 and the Nevada Division of Environmental Protection, signed by 
the EPA Regional Administrator on December 17, 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.

[63 FR 38500, July 17, 1998]