[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: 40CFR281.21]



[Page 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 B_Components of a Program Application

 

Sec.  281.21  Description of state program.



    A state seeking to administer a program under this part must submit 

a description of the program it proposes to administer under state law 

in lieu of the federal program. The description of a state's existing or 

planned program must include:

    (a) The scope of the state program:

    (1) Whether the state program regulates UST systems containing 

petroleum or hazardous substances, or both;

    (2) Whether the state is applying for interim or final approval;

    (3) Whether the state program is more stringent or broader in scope 

than the federal program, and in what ways; and

    (4) Whether the state has any existing authority over Indian lands 

or has existing agreements with Indian tribes relevant to the regulation 

of underground storage tanks.

    (b) The organization and structure of the state and local agencies 

with responsibility for administering the program. The jurisdiction and 

responsibilities of all state and local implementing agencies must be 

delineated, appropriate procedures for coordination set forth, and one 

state agency designated as a ``lead agency'' to facilitate 

communications between EPA and the state.

    (c) Staff resources to carry out and enforce the required state 

program elements, both existing and planned, including the number of 

employees, agency where employees are located, general duties of the 

employees, and current limits or restrictions on hiring or utilization 

of staff.

    (d) An existing state funding mechanism to meet the estimated costs 

of administering and enforcing the required state program elements, and 

any restrictions or limitations upon this funding.