[Federal Register Volume 64, Number 103 (Friday, May 28, 1999)]
[Rules and Regulations]
[Pages 28927-28931]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-13194]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 282

[FRL-6334-7]


Underground Storage Tank Program: Approved State Petroleum 
Program for Tennessee

AGENCY: Environmental Protection Agency (EPA).

ACTION: Immediate final rule.

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SUMMARY: The Resource Conservation and Recovery Act of 1976, as amended 
(RCRA), authorizes the Environmental Protection Agency (EPA) to grant 
approval to states to operate their underground storage tank programs 
in lieu of the federal program. 40 CFR part 282 codifies EPA's decision 
to approve state programs and incorporates by reference those 
provisions of the state statutes and regulations that will be subject 
to EPA's inspection and enforcement authorities under sections 9005 and 
9006 of RCRA subtitle I and other applicable statutory and regulatory 
provisions. This rule codifies in part 282 the prior approval of 
Tennessee's petroleum underground storage tank program and incorporates 
by reference appropriate provisions of state statutes and regulations.

DATES: This regulation is effective July 27, 1999, unless EPA publishes 
a prior Federal Register document withdrawing this immediate final 
rule. All comments on the codification of Tennessee's petroleum 
underground storage tank program must be received by the close of 
business June 28, 1999. The incorporation by reference of certain 
publications listed in the regulations is approved by the Director of 
the Federal Register, as of July 27, 1999, in accordance with 5 U.S.C. 
552(a).

ADDRESSES: Comments may be mailed to Mr. John K. Mason, Chief, 
Underground Storage Tank Section, U.S. EPA Region 4, Atlanta Federal 
Center, 61 Forsyth Street, SW, 15th Floor Tower, Atlanta, GA 30303. 
Comments received by EPA may be inspected in the Underground Storage 
Tank Section, located at EPA Region 4 from 9 a.m. to 4:30 p.m., Monday 
through Friday, excluding federal holidays.

FOR FURTHER INFORMATION CONTACT: Mr. John K. Mason, Chief, Underground 
Storage Tank Section, U.S. EPA Region 4, Atlanta Federal Center, 61 
Forsyth St. S.W., Atlanta, GA 30303-3104. Phone: (404) 562-9441.

SUPPLEMENTARY INFORMATION:

Background

    Section 9004 of the Resource Conservation and Recovery Act of 1976, 
as amended, (RCRA), 42 U.S.C. 6991c, allows the U.S. Environmental 
Protection Agency to approve state underground storage tank programs to 
operate in the state in lieu of the federal underground storage tank 
program. EPA published a Federal Register document announcing its 
decision to grant approval to Tennessee on November 17, 1998, Federal 
Register Vol. 63, No. 221. Approval was effective on January 19, 1999.
    EPA codifies its approval of State programs in 40 CFR part 282 and 
incorporates by reference therein the state statutes and regulations 
that will be subject to EPA's inspection and enforcement authorities 
under sections 9005 and 9006 of subtitle I of RCRA, 42 U.S.C. 6991d and 
6991e, and other applicable statutory and regulatory provisions. 
Today's rulemaking codifies EPA's approval of Tennessee's petroleum 
underground storage tank program. This codification reflects the state 
program in effect at the time EPA granted Tennessee approval under 
section 9004(a), 42 U.S.C. 6991c(a) for its petroleum underground 
storage tank program. Notice and opportunity for comment were provided 
earlier on the Agency's decision to approve the Tennessee program, and 
EPA is not now reopening that decision nor requesting comment on it.
    This effort provides clear notice to the public of the scope of the 
approved program in each state. By codifying the approved Tennessee 
program and by amending the Code of Federal Regulations whenever a new 
or different set of requirements is approved in Tennessee, the status 
of federally approved requirements of the Tennessee program will be 
readily discernible. Only those provisions of the Tennessee petroleum 
underground storage tank program for which approval has been granted by 
EPA will be incorporated by reference for enforcement purposes.
    To codify EPA's approval of Tennessee's petroleum underground 
storage tank program, EPA has added section 282.92 to title 40 of the 
CFR. Section 282.92 incorporates by reference for enforcement purposes 
the State's statutes and regulations. Section 282.92 also references 
the Attorney General's Statement, Demonstration of Adequate Enforcement 
Procedures, the Program Description, and the Memorandum of Agreement, 
which are approved as part of the underground storage tank program 
under subtitle I of RCRA.
    The Agency retains the authority under sections 9005 and 9006 of 
subtitle I of RCRA, 42 U.S.C. 6991d and 6991e, and other applicable 
statutory and regulatory provisions to undertake inspections and 
enforcement actions in approved states. With respect to such an 
enforcement action, the Agency will rely on federal sanctions, federal 
inspection authorities, and federal procedures rather than the state 
authorized analogues to these provisions. Therefore, the approved 
Tennessee enforcement authorities will not be incorporated by 
reference. Section 282.92 lists those approved Tennessee authorities 
that would fall into this category.
    The public also needs to be aware that some provisions of the 
State's petroleum underground storage tank program are not part of the 
federally approved state program. These non-approved provisions are not 
part of the RCRA subtitle I program because they are ``broader in 
scope'' than subtitle I of RCRA. See 40 CFR 281.12(a)(3)(ii). As a 
result, state provisions which are ``broader in scope'' than the 
federal program are not incorporated by reference for purposes of 
enforcement in part 282. Section 282.92 of the codification simply 
lists for reference and clarity the Tennessee statutory and regulatory 
provisions which are ``broader in scope'' than the federal program and 
which are not, therefore, part of the approved program being codified 
today. ``Broader in scope'' provisions cannot be enforced by EPA;

[[Page 28928]]

the State, however, will continue to enforce such provisions.

Compliance With Executive Order 12866

    The Office of Management and Budget has exempted this rule from the 
requirements of section 6 of Executive Order 12866.

Certification Under the Regulatory Flexibility Act

    EPA has determined that this codification will not have a 
significant economic impact on a substantial number of small entities. 
Such small entities which own and/or operate USTs are already subject 
to the state requirements authorized by EPA under 40 CFR part 281. 
EPA's codification does not impose any additional burdens on these 
small entities. This is because EPA's codification would simply result 
in an administrative change, rather than a change in the substantive 
requirements imposed on small entities.
    Therefore, EPA provides the following certification under the 
Regulatory Flexibility Act, as amended by the Small Business Regulatory 
Enforcement Fairness Act. Pursuant to the provision at 5 U.S.C. 605(b), 
I hereby certify that this codification will not have a significant 
economic impact on a substantial number of small entities. This 
codification incorporates Tennessee's requirements which have been 
authorized by EPA under 40 CFR part 281 into the Code of Federal 
Regulations. It does not impose any new burdens on small entities. This 
rule, therefore, does not require a regulatory flexibility analysis.

Submission to Congress and the General Accounting Office

    Under 5 U.S.C. 801(a)(1)(A) as added by the Small Business 
Regulatory Enforcement Fairness Act of 1996, EPA submitted a report 
containing this rule and other required information to the U.S. Senate, 
the U.S. House of Representatives and the Comptroller General of the 
General Accounting Office prior to publication of this rule in today's 
Federal Register. This rule is not a ``major rule'' as defined by 5 
U.S.C. 804(2).

Unfunded Mandates Reform Act

    Title II of the Unfunded Mandates Reform Act of 1995 (UMRA), Public 
Law 104-4, establishes requirements for federal agencies to assess the 
effects of certain regulatory actions on State, local, and tribal 
governments and the private sector. Under sections 202 and 205 of the 
UMRA, EPA generally must prepare a written statement of economic and 
regulatory alternatives for proposed and final rules with federal 
mandates, as defined by the UMRA, that may result in expenditures to 
State, local, and tribal governments, in the aggregate, or to the 
private sector, of $100 million or more in any one year. The section 
202 and 205 requirements do not apply to today's action because it is 
not a ``federal mandate'' and because it does not impose annual costs 
of $100 million or more.
    Today's rule contains no federal mandates for State, local or 
tribal governments or the private sector for two reasons. First, 
today's action does not impose new or additional enforceable duties on 
any State, local or tribal governments or the private sector because it 
merely makes federally enforceable existing requirements with which 
regulated entities must already comply under State law. Second, the Act 
also generally excludes from the definition of a ``federal mandate'' 
duties that arise from participation in a voluntary federal program. 
The requirements being codified today are the result of Tennessee's 
voluntary participation in accordance with RCRA Subtitle I.
    Even if today's rule did contain a federal mandate, this rule will 
not result in annual expenditures of $100 million or more for State, 
local, and/or tribal governments in the aggregate, or the private 
sector because today's action merely codifies an existing State program 
that EPA previously authorized. Thus, today's rule is not subject to 
the requirements of sections 202 and 205 of the UMRA.
    The requirements of section 203 of UMRA also do not apply to this 
action. Before EPA establishes any regulatory requirements that may 
significantly or uniquely affect small governments, section 203 of UMRA 
requires EPA to develop a small government agency plan. This rule 
contains no regulatory requirements that might significantly or 
uniquely affect small governments. The Agency recognizes that although 
small governments may own and/or operate USTs, this codification 
incorporates into the Code of Federal Regulations Tennessee's 
requirements which have already been authorized by EPA under 40 CFR 
part 281 and, thus, small governments are not subject to any additional 
significant or unique requirements by virtue of this codification.

Compliance With Executive Order 12875: Enhancing the 
Intergovernmental Partnership

    Under Executive Order 12875, EPA may not issue a regulation that is 
not required by statute and that creates a mandate upon a State, local 
or tribal government, unless the federal government provides the funds 
necessary to pay the direct compliance costs incurred by those 
governments, or EPA consults with those governments. If EPA complies by 
consulting, Executive Order 12875 requires EPA to provide to the Office 
of Management and Budget a description of the extent of EPA's prior 
consultation with representatives of affected State, local and tribal 
governments, the nature of their concerns, any written communications 
from the governments, and a statement supporting the need to issue the 
regulation. In addition, Executive Order 12875 requires EPA to develop 
an effective process permitting elected officials and other 
representatives of State, local and tribal governments ``to provide 
meaningful and timely input in the development of regulatory proposals 
containing significant unfunded mandates.''
    Today's rule does not create a mandate on State, local or tribal 
governments. The rule does not impose any enforceable duties on these 
entities. The State administers its underground storage tank program 
voluntarily, and any duties on other State, local or tribal 
governmental entities arise from that program, not from today's action. 
This rule merely codifies existing requirements which regulated 
entities must already comply with under State and federal law. 
Accordingly, the requirements of section 1(a) of Executive Order 12875 
do not apply to this rule.

Compliance With Executive Order 13045

    Executive Order 13045 applies to any rule that the Office of 
Management and Budget determines is ``economically significant'' as 
defined under Executive Order 12866, and that EPA determines that the 
environmental health or safety risk addressed by the rule has a 
disproportionate effect on children. If the regulatory action meets 
both criteria, the Agency must evaluate the environmental health or 
safety effects of the planned rule on children and explain why the 
planned regulation is preferable to other potentially effective and 
reasonably feasible alternatives considered by the Agency.
    The Agency has determined that the final rule is not a covered 
regulatory action as defined in the Executive Order because it is not 
economically significant and does not address environmental health and 
safety risks. As such, the final rule is not subject to

[[Page 28929]]

the requirements of Executive Order 13045.

Compliance With Executive Order 13084: Consultation and 
Coordination With Indian Tribal Governments

    Under Executive Order 13084, EPA may not issue a regulation that is 
not required by statute, that significantly or uniquely affects the 
communities of Indian tribal governments, and that imposes substantial 
direct compliance costs on those communities, unless the federal 
government provides the funds necessary to pay the direct compliance 
costs incurred by the tribal governments, or EPA consults with those 
governments. If EPA complies by consulting, Executive Order 13084 
requires EPA to provide to the Office of Management and Budget, in a 
separately identified section of the preamble to the rule, a 
description of the extent of EPA's prior consultation with 
representatives of affected tribal governments, a summary of the nature 
of their concerns, and a statement supporting the need to issue the 
regulation. In addition, Executive Order 13084 requires EPA to develop 
an effective process permitting elected officials and other 
representatives of Indian tribal governments ``to provide meaningful 
and timely input in the development of regulatory policies on matters 
that significantly or uniquely affect their communities.''
    Today's rule does not significantly or uniquely affect the 
communities of Indian tribal governments. Tennessee is not approved to 
implement the underground storage tank program in Indian Country. This 
rule has no effect on the underground storage tank program that EPA 
implements in the Indian Country within the State. Accordingly, the 
requirements of section 3(b) of Executive Order 13084 do not apply to 
this rule.

National Technology Transfer and Advancement Act

    Section 12(d) of the National Technology Transfer and Advancement 
Act of 1995 (``NTTAA''), Public Law 104-113, section 12(d) (15 U.S.C. 
272 note) directs EPA to use voluntary consensus standards in its 
regulatory activities unless to do so would be inconsistent with 
applicable law or otherwise impractical. Voluntary consensus standards 
are technical standards (e.g., materials specifications, test methods, 
sampling procedures, and business practices) that are developed or 
adopted by voluntary consensus standards bodies. The NTTAA directs EPA 
to provide Congress, through OMB, with explanations when the Agency 
decides not to use available and applicable voluntary consensus 
standards.
    This action does not involve technical standards. Therefore, EPA 
did not consider the use of any voluntary consensus standards.

Paperwork Reduction Act

    Under the Paperwork Reduction Act, 44 U.S.C. 3501 et seq., federal 
agencies must consider the paperwork burden imposed by any information 
request contained in a proposed or final rule. This rule will not 
impose any information requirements upon the regulated community.

List of Subjects In 40 CFR Part 282

    Environmental protection, Hazardous substances, Incorporation by 
reference, Intergovernmental relations, State program approval, 
Underground storage tanks, Water pollution control.

    Dated: April 23, 1999.
A. Stanley Meiburg,
Acting Regional Administrator, Region 4.

    For the reasons set forth in the preamble, 40 CFR Part 282 is 
amended as follows:

PART 282--APPROVED UNDERGROUND STORAGE TANK PROGRAMS

    1. The authority citation for part 282 continues to read as 
follows:

    Authority: 42 U.S.C. 6912, 6991c, 6991d, and 6991e.

Subpart B--Approved State Programs

    2. Subpart B is amended by adding Sec. 282.92 to read as follows:


Sec. 282.92  Tennessee State-Administered Program.

    (a) The State of Tennessee is approved to administer and enforce a 
petroleum 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 Tennessee Department of Environment and 
Conservation, Division of Underground Storage Tanks, was approved by 
EPA pursuant to 42 U.S.C. 6991c and part 281 of this chapter. EPA 
approved the Tennessee program on November 17, 1998 and it was 
effective on January 19, 1999.
    (b) Tennessee has primary responsibility for enforcing its 
petroleum 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. EPA 
also retains all authority to operate the hazardous substance 
underground storage tank program.
    (c) To retain program approval, Tennessee 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 Tennessee 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) Tennessee has final approval for the following elements 
submitted to EPA in the State's program application for final approval 
and approved by EPA on November 17, 1998. Copies may be obtained from 
the Underground Storage Tank Program, Tennessee Department of 
Environment and Conservation, Division of Underground Storage Tanks, 
4th Floor, L&C Tower, 401 Church Street, Nashville, Tennessee 37243-
1541.
    (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) Tennessee Statutory Requirements Applicable to the Underground 
Storage Tank Program, 1998.
    (B) Tennessee Regulatory Requirements Applicable to the Underground 
Storage Tank Program, 1998.
    (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) General Statutes of Tennessee, Chapter 215--Tennessee Petroleum 
Underground Storage Tank Act:

Section 68-215-107  Supervision, inspection, and enforcement 
responsibilities
Section 68-215-114  Order for correction--Liability
Section 68-215-116  Failure to take proper action
Section 68-215-119  Review of orders and revocations
Section 68-215-120  Criminal penalties--Suspension of certificates

[[Page 28930]]

Section 68-215-121  Civil penalty--Assessment
Section 68-215-122  Injunctions

    (B) The regulatory provisions include:
    (1) Tennessee Department of Environment and Conservation, 
Underground Storage Tank Program Rules, Chapter 1200-1-15:
    Not applicable.
    (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.
    (A) The statutory provisions include:
    (1) Tennessee Code Annotated, Title 68, Chapter 215:

Section 68-215-102(a)(3)  [Insofar as it refers to the intent to 
develop long range plans to meet future petroleum underground storage 
tank demands.]
Section 68-215-102(a)(5)  [Insofar as it provides for a cleanup fund.]
Section 68-215-104  [Insofar as it applies to persons other than 
underground storage tank owners or operators.]
Section 68-215-106(a)(6)  [Insofar as it requires any person who 
deposits petroleum in underground storage tanks to notify the owner or 
operator of state notification requirements.]
Section 68-215-106(c)(2)  [Insofar as it applies to persons other than 
owners and operators placing petroleum substances in an underground 
storage tank.]
Section 68-215-107(f)(9)  [Insofar as it provides for rule development 
for the assessment and collections of fees.]
Section 68-215-109  [Insofar as it allows for levying and collection of 
annual fees to operate the underground storage tank fund and develop 
rules.]
Section 68-215-110  [Insofar as it establishes a petroleum underground 
storage tank fund.]
Section 68-215-111  [Insofar as it refers to uses of the state 
underground storage tank fund.]
Section 68-215-112  [Insofar as it established a petroleum underground 
storage tank board.]
Section 68-215-113  [Insofar as it established board meeting, public 
hearing, and board compensation.]
Section 68-215-115  [Insofar as it establishes cost recovery and 
apportionment of liability for cleanups.]
Section 68-215-117  [Insofar as it applies to persons other than 
underground storage tank owners and operators.]
Section 68-215-125  [Insofar as it applies to the state underground 
storage tank fund.]
Section 68-215-128  [Insofar as it requires a report to the General 
Assembly.]

    (B) The regulatory provisions include:
    (1) Tennessee Department of Environment and Conservation, 
Underground Storage Tank Program Rules, Chapter 1200-1-15:

Section .09  [Insofar as it refers to guidelines and procedures for 
administering the Tennessee petroleum underground storage tank fund.]
Section .10  [Insofar as it refers to annual fees, the use, collection 
and failure to pay fees.]
Section .11  [Insofar as it requires underground storage tank fees, 
use, collection and failure to pay penalties, and fee notices.]

    (2) Statement of legal authority. ``Attorney General's Statement of 
`No Less Stringent' Requirements and `Adequate Enforcement' Authorities 
Implementing Underground Storage Tank Program'', signed by the State 
Attorney General on June 3, 1996, 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 September 1, 1996, 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 September 1, 
1996, 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 4 and the Tennessee Department of Environment and 
Conservation, Division of Underground Storage Tanks, signed by the EPA 
Regional Administrator on July 1, 1998, 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. Appendix A to Part 282 is amended by adding in alphabetical 
order ``Tennessee'' and its listing.

Appendix A to Part 282--State Requirements Incorporated by Reference in 
Part 282 of the Code of Federal Regulations

* * * * *

Tennessee

    (a) The statutory provisions include:

1. Section 68-215-101  Short title
2. Section 68-215-102  Legislative intent [Except Sec. 68-215-
102(a)(3) and except Sec. 68-215-102(a)(5).]
3. Section 68-215-103  Definitions
4. Section 68-215-105  Minimum requirements for tanks
5. Section 68-215-106  Notification as to tanks in use and tanks 
taken out of operations [Except Sec. 68-215-106(a)(6) and except 
Sec. 68-215-106(c)(2).]
6. Section 68-215-107  Supervision, inspection, and enforcement 
responsibilities [Except Sec. 68-215-107(e) and except Sec. 68-215-
107(f)(9).]
7. Section 68-215-108  Proprietary information
8. Section 68-215-118  Compliance by governmental entities
9. Section 68-215-123  Complaints--Hearings--Appeals
10. Section 68-215-124  Exemptions
11. Section 68-215-126  Preemption of local regulation--Exception
12. Section 68-215-127  Exclusivity of provisions

    (b) The regulatory provisions include:

1. Section .01  Program Scope and Minimum Requirements for Tanks
    Section .01(1)  Applicability
    Section .01(2)  Minimum requirements for tanks
    Section .01(3)  Definitions
2. Section .02  UST Systems: Design, Construction, Installation and 
Notification
    Section .02(1)  Performance standards for new UST systems
    Section .02(2)  Upgrading of existing UST systems
    Section .02(3)  Notification requirements
3. Section .03  General Operating Requirements
    Section .03(1)  Spill and overfill control
    Section .03(2)  Operation and maintenance of corrosion 
protection
    Section .03(3)  Compatibility
    Section .03(4)  Repairs allowed
    Section .03(5)  Reporting and recordkeeping
4. Section .04  Release Detection
    Section .04(1)  General requirements for release detection
    Section .04(2)  Requirements for petroleum UST systems
    Section .04(3)  Methods of release detection for tanks
    Section .04(4)  Methods of release detection for piping
    Section .04(5)  Release detection recordkeeping
5. Section .05  Release Reporting, Investigation and Confirmation
    Section .05(1)  Reporting of suspected releases
    Section .05(2)  Investigation due to off-site impacts
    Section .05(3)  Release investigation and confirmation steps

[[Page 28931]]

    Section .05(4)  Reporting and cleanup of spills and overfills
6. Section .06  Release Response and Corrective Action for UST 
Systems Containing Petroleum
    Section .06(1)  General
    Section .06(2)  Initial response
    Section .06(3)  Initial abatement measures and site check
    Section .06(4)  Initial site characterization
    Section .06(5)  Free products removal
    Section .06(6)  Investigations for soil and ground water cleanup
    Section .06(7)  Corrective action plan
    Section .06(8)  Public participation
7. Section .07  Out-of-Service UST System and Closure
    Section .07(1)  Temporary closure
    Section .07(2)  Permanent closure and changes-in-service
    Section .07(3)  Assessing the site at closure or change-in-
service
    Section .07(4)  Applicability to previously closed UST systems
    Section .07(5)  Closure records
8. Section .08  Financial Responsibility
    Section .08(1)  Applicability
    Section .08(2)  Compliance dates
    Section .08(3)  Definition of terms
    Section .08(4)  Amount and scope of required financial 
responsibility
    Section .08(5)  Allowable mechanisms and combinations of 
mechanisms
    Section .08(6)  Financial test of self-insurance
    Section .08(7)  Guarantee
    Section .08(8)  Insurance and risk retention group coverage
    Section .08(9)  Surety bond
    Section .08(10)  Letter of credit
    Section .08(11)  Petroleum underground storage tank fund
    Section .08(12)  Trust fund
    Section .08(13)  Standby trust fund
    Section .08(14)  Substitution of financial assurance mechanisms 
by owner or operator
    Section .08(15)  Cancellation or nonrenewel by a provider of 
financial assurance
    Section .08(16)  Reporting by owner or operator
    Section .08(17)  Recordkeeping
    Section .08(18)  Drawing on financial assurance mechanisms
    Section .08(19)  Release from requirements
    Section .08(20)  Bankruptcy or other incapacity of owner or 
operator or provider of financial assurance
    Section .08(21)  Replenishment of guarantees, letters of credit, 
or surety bonds

[FR Doc. 99-13194 Filed 5-27-99; 8:45 am]
BILLING CODE 6560-50-P