[Code of Federal Regulations]

[Title 40, Volume 26]

[Revised as of July 1, 2006]

From the U.S. Government Printing Office via GPO Access

[CITE: 40CFR281.11]



[Page 573-574]

 

                   TITLE 40--PROTECTION OF ENVIRONMENT

 

         CHAPTER I--ENVIRONMENTAL PROTECTION 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 

under each state program element for existing and new UST systems are no



[[Page 574]]



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.