[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: 40CFR281.12]



[Page 574-575]

 

                   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.  281.12  Scope and definitions.



    (a) Scope. (1) The Administrator may approve either partial or 

complete state programs. A ``partial'' state program regulates either 

solely UST systems containing petroleum or solely UST systems containing 

hazardous substances. If a ``partial'' state program is approved, EPA 

will administer the remaining part of the program. A ``complete'' state 

program regulates both petroleum and hazardous substance tanks.

    (2) EPA will administer the UST program on Indian lands, except 

where Congress has clearly expressed an intention to grant a state 

authority to regulate petroleum and hazardous substance USTs on Indian 

lands. In either case, this decision will not impair a state's ability 

to obtain program approval for petroleum and/or hazardous substances on 

non-Indian lands in accordance with this part.

    (3) Nothing in this subpart precludes a state from:

    (i) Adopting or enforcing requirements that are more stringent or 

more extensive than those required under this part; or

    (ii) Operating a program with a greater scope of coverage than that 

required under this part. Where an approved state program has a greater



[[Page 575]]



scope of coverage than required by federal law, the additional coverage 

is not part of the federally-approved program.

    (b) Definitions. (1) The definitions in part 280 apply to all 

subparts of this part.

    (2) For the purpose of this part, the term interim approval means 

the approval received by a state program that meets the requirements in 

Sec.  281.11(c) (1) and (2) for the time period defined in Sec.  

281.11(c)(3).

    (3) For the purposes of this part the term final approval means the 

approval received by a state program that meets the requirements in 

Sec.  281.11(b).