[Federal Register Volume 66, Number 116 (Friday, June 15, 2001)]
[Rules and Regulations]
[Pages 32566-32571]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 01-14895]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 282

[FRL-6976-5]


Underground Storage Tank Program: Approved State Program for 
North Carolina

AGENCY: Environmental Protection Agency (EPA).

ACTION: Immediate final rule.

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SUMMARY: The Resource Conservation and Recovery Act (RCRA) of 1976, as 
amended, authorizes the Environmental Protection Agency (EPA) to grant 
approval to states to operate their underground storage tank programs 
in lieu of the Federal program. 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 North 
Carolina's underground storage tank program and incorporates by 
reference appropriate provisions of the State's statutes and 
regulations.

DATES: This regulation is effective August 14, 2001, unless EPA 
publishes a prior Federal Register document withdrawing this immediate 
final rule. All comments on the codification of North Carolina's 
underground storage tank program must be received by the close of 
business July 16, 2001. The incorporation by reference of certain 
publications listed in the regulations is approved by the Director of 
the Federal Register, as of August 14, 2001, 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, Sam Nunn Federal 
Center, 61 Forsyth Street SW., 15th Floor Tower, Atlanta, Georgia 
30303. Comments received by EPA may be inspected in the Underground 
Storage Tank Section, located at EPA Region 4 Library from 8 a.m. to 4 
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, Sam Nunn Federal Center, 61 
Forsyth Street S.W., Atlanta, Georgia 30303, phone number: (404) 562-
9441.

SUPPLEMENTARY INFORMATION:

Background

    Section 9004 of the Resource Conservation and Recovery Act (RCRA) 
of 1976, as amended, 42 U.S.C. 6991c, allows the Environmental 
Protection Agency (EPA) to approve state underground storage tank 
programs to operate in the state in lieu of the Federal underground 
storage tank program. EPA is publishing elsewhere in this issue a 
Federal Register document announcing its decision to grant approval to 
North Carolina. Approval is effective on August 14, 2001.
    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 North Carolina's 
underground storage tank program. This codification reflects the state 
program in effect at the time EPA granted North Carolina approval under 
section 9004(a), 42 U.S.C. 6991c(a) for its underground storage tank 
program. Notice and opportunity for comment were provided earlier on 
the Agency's decision to approve the North Carolina 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 North 
Carolina program and by amending the Code of Federal Regulations 
whenever a new or different set of requirements is approved in North 
Carolina, the status of Federally approved requirements of the North 
Carolina program will be readily discernible.
    To codify EPA's approval of North Carolina's underground storage 
tank program, EPA has added section 282.83 to title 40 of the CFR. 
Section 282.83 incorporates by reference for enforcement purposes the 
State's statutes and regulations. Section 282.83 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

[[Page 32567]]

procedures rather than the state authorized analogues to these 
provisions. Therefore, the approved North Carolina enforcement 
authorities will not be incorporated by reference. Section 282.83 lists 
those approved North Carolina authorities that would fall into this 
category.
    The public also needs to be aware that some provisions of the 
State's 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 282.83 of the codification simply lists for reference and 
clarity the North Carolina 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; the State, however, 
will continue to enforce such provisions.

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 their regulatory actions on State, local, and tribal 
governments and the private sector. Under section 202 of the UMRA, EPA 
generally must prepare a written statement, including a cost-benefit 
analysis, for proposed and final rules with ``Federal mandates'' 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. Before promulgating an EPA rule for which a written statement 
is needed, section 205 of the UMRA generally requires EPA to identify 
and consider a reasonable number of regulatory alternatives and adopt 
the least costly, most cost-effective or least burdensome alternative 
that achieves the objectives of the rule. The provisions of section 205 
do not apply when they are inconsistent with applicable law. Moreover, 
section 205 allows EPA to adopt an alternative other than the least 
costly, most cost-effective or least burdensome alternative if the 
Administrator publishes with the final rule an explanation why that 
alternative was not adopted. Before EPA establishes any regulatory 
requirements that may significantly or uniquely affect small 
governments, including tribal governments, it must have developed under 
section 203 of the UMRA a small government agency plan. The plan must 
provide for notifying potentially affected small governments, enabling 
officials of affected small governments to have meaningful and timely 
input in the development of EPA regulatory proposals with significant 
Federal intergovernmental mandates, and informing, educating, and 
advising small governments on compliance with the regulatory 
requirements.
    Today's rule contains no Federal mandates (under the regulatory 
provisions of Title II of the UMRA) for State, local or tribal 
governments or the private sector. It does not impose new or additional 
enforceable duties on any State, local or tribal governments or the 
private sector. This rule merely incorporates by reference certain 
existing State underground storage tank program requirements which EPA 
previously approved and with which regulated entities must already 
comply. Further, the UMRA generally excludes from the definition of 
``Federal intergovernmental mandate'' duties that arise from 
participation in a voluntary Federal program. The requirements being 
codified today are the result of North Carolina's voluntary 
participation in EPA's state program approval process under RCRA 
Subtitle I. Thus, today's rule is not subject to the requirements of 
sections 202 and 205 of the UMRA.
    In addition, EPA has determined that this rule contains no 
regulatory requirements that might significantly or uniquely affect 
small governments. Although small governments may own and/or operate 
underground storage tanks, this codification incorporates into the CFR 
North Carolina's underground storage tank program requirements which 
EPA already approved under 40 CFR Part 281. Small governments are not 
subject to any additional significant or unique requirements by virtue 
of this action. Thus, the requirements of section 203 of the UMRA also 
do not apply to today's rule.

Regulatory Flexibility Act (RFA) (as Amended by the Small Business 
Regulatory Enforcement Fairness Act of 1996 (SBREFA), 5 U.S.C. 601 
et seq.)

    The RFA generally requires an agency to prepare a regulatory 
flexibility analysis of any rule subject to notice and comment 
rulemaking requirements under the Administrative Procedure Act or any 
other statute unless the agency certifies that the rule will not have a 
significant economic impact on a substantial number of small entities. 
Small entities include small businesses, small organizations, and small 
governmental jurisdictions.
    For purposes of assessing the impacts of today's action on small 
entities, small entity is defined as: (1) A small business as specified 
in the Small Business Administration regulations; (2) a small 
governmental jurisdiction that is a government of a city, county, town, 
school district or special district with a population of less than 
50,000; and (3) a small organization that is any not-for-profit 
enterprise which is independently owned and operated and is not 
dominant in its field.
    After considering the economic impacts of this action on small 
entities, I certify that this action will not have a significant 
economic impact on a substantial number of small entities. This action 
does not impose any new requirements on small entities because small 
entities that own and/or operate underground storage tanks are already 
subject to the State underground storage tank program requirements 
which EPA is now incorporating by reference.

Submission to Congress and the Comptroller General

    The Congressional Review Act, 5 U.S.C. 801 et seq., as added by the 
Small Business Regulatory Enforcement Fairness Act of 1996, generally 
provides that before a rule may take effect, the agency promulgating 
the rule must submit a rule report, which includes a copy of the rule, 
to each House of the Congress and to the Comptroller General of the 
United States. The EPA will submit 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 United States prior 
to publication of the rule in today's Federal Register. This rule is 
not a ``major rule'' as defined by 5 U.S.C. 804(2).

Compliance With Executive Order 12866

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

Compliance With Executive Order 13045 (Children's Health)

    Executive Order 13045, ``Protection of Children from Environmental 
Health Risks and Safety Risks,'' applies to any rule that: (1) The 
Office of Management and Budget determines is ``economically 
significant'' as defined under Executive Order 12866, and (2) concerns 
an environmental health or safety risk that EPA has reason to believe 
may have a disproportionate effect on children. If the regulatory 
action meets both criteria,

[[Page 32568]]

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.
    This rule is not subject to Executive Order 13045 because it is not 
an economically significant rule as defined by Executive Order 12866, 
and because it does not involve decisions based on environmental health 
or safety risks.

Compliance With Executive Order 13175 (Consultation and 
Coordination With Indian Tribal Governments)

    Executive Order 13175, entitled ``Consultation and Coordination 
with Indian Tribal Governments'' (65 FR 67249, November 6, 2000), 
requires EPA to develop an accountable process to ensure ``meaningful 
and timely input by tribal officials in the development of regulatory 
policies that have tribal implications.'' ``Policies that have tribal 
implications'' is defined in the Executive Order to include regulations 
that have ``substantial direct effects on one or more Indian tribes, on 
the relationship between the Federal government and the Indian tribes, 
or on the distribution of power and responsibilities between the 
Federal government and Indian tribes.''
    This final rule does not have tribal implications. It will not have 
substantial direct effects on tribal governments, on the relationship 
between the Federal government and Indian tribes, or on the 
distribution of power and responsibilities between the Federal 
government and Indian tribes, as specified in Executive Order 13175. 
This rule is not subject to Executive Order 13175 because it does not 
significantly or uniquely affect the communities of Indian tribal 
governments. This rule merely incorporates by reference the North 
Carolina underground storage tank program requirements that EPA has 
already approved. North Carolina is not approved to implement the RCRA 
underground storage tank program in Indian country. This action has no 
effect on the underground storage tank program that EPA implements in 
the Indian country within the State. Thus, Executive Order 13175 does 
not apply to this rule.

Compliance With Executive Order 13132 (Federalism)

    Executive Order 13132, entitled ``Federalism'' (64 FR 43255, August 
10, 1999), requires EPA to develop an accountable process to ensure 
``meaningful and timely input by State and local officials in the 
development of regulatory policies that have Federalism implications.'' 
``Policies that have Federalism implications'' is defined in the 
Executive Order to include regulations that have ``substantial direct 
effects on the States, on the relationship between the national 
government and the States, or on the distribution of power and 
responsibilities among the various levels of government.''
    Under section 6 of Executive Order 13132, EPA may not issue a 
regulation that has Federalism implications, that imposes substantial 
direct compliance costs, and that is not required by statute, unless 
the Federal government provides the funds necessary to pay the direct 
compliance costs incurred by State and local governments, or EPA 
consults with State and local officials early in the process of 
developing the proposed regulation. EPA also may not issue a regulation 
that has Federalism implications and that preempts State law unless the 
Agency consults with State and local officials early in the process of 
developing the proposed regulation.
    This action does not have Federalism implications. It will not have 
a substantial direct effect on States, on the relationship between the 
national government and the States, or on the distribution of power and 
responsibilities among the various levels of government, as specified 
in Executive Order 13132, because it affects only one State. Further, 
this action simply incorporates by reference the State's already 
approved underground storage tank program requirements. Thus, the 
requirements of section 6 of the Executive Order do not apply.

National Technology Transfer and Advancement Act

    Section 12(d) of the National Technology Transfer and Advancement 
Act of 1995 (``NTTAA''), Public Law 104-113, 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, 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 26, 2001.
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. 282.83 to read as follows:


Sec. 282.83  North Carolina State-Administered Program.

    (a) The State of North Carolina 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 North Carolina Department of Environment and 
Natural Resources, Division of Waste Management, UST Section, was 
approved by EPA pursuant to 42 U.S.C. 6991c and part 281 of this 
chapter. EPA approved the North Carolina program on April 26, 2001 with 
an effective date of August 14, 2001.
    (b) North Carolina 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.

[[Page 32569]]

    (c) To retain program approval, North Carolina 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 North Carolina 
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) North Carolina has final approval for the following elements 
submitted to EPA in the State's program application for final approval 
and approved by EPA on April 26, 2001. Copies may be obtained from the 
North Carolina Department of Environment and Natural Resources, 
Division of Waste Management, UST Section, 2728 Capital Blvd., Raleigh, 
NC 27604.
    (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) North Carolina Statutory Requirements Applicable to the 
Underground Storage Tank Program, 1997.
    (B) North Carolina Regulatory Requirements Applicable to the 
Underground Storage Tank Program, 1997 and 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 North Carolina, Chapter 143--State Departments, 
Institutions, and Commissions; Article 21, Water and Air Resources
Sec. 143-215.6A  Enforcement procedures: civil penalties
Sec. 143-215.6B  Enforcement procedures: criminal penalties
Sec. 143-215.6C  Enforcement procedures: injunctive relief
(2) General Statutes of North Carolina, Chapter 143--State Departments, 
Institutions, and Commissions; Article 21A, Oil Pollution and Hazardous 
Substances Control
Sec. 143-215.79  Inspections and investigations; entry upon property
Sec. 143-215.88A  Enforcement procedures: civil penalties
Sec. 143-215.88B  Enforcement procedures: criminal penalties
Sec. 143-215.91A  Limited liability for volunteers in oil and hazardous 
substance abatement
Sec. 143-215.94  Joint and several liability
Sec. 143-215.94F  Limited amnesty
Sec. 143-215.94G  Authority of the Department to engage in cleanups; 
actions for fund reimbursement (Insofar as (e) outlines enforcement 
authorities.)
Sec. 143-215.94K  Enforcement
Sec. 143-215.94W  Enforcement procedures: civil penalties
Sec. 143-215.94Y  Enforcement procedures: criminal penalties
Sec. 143-215.94Z  Enforcement procedures: injunctive relief
(3) General Statutes of North Carolina, Chapter 143B--Executive 
Organization Act of 1973
Sec. 143B-282  Environmental Management Commission--Creation; powers 
and duties
Sec. 143B-282.1  Environmental Management Commission--quasi-judicial 
powers; procedures
(4) General Statutes of North Carolina, Chapter 150B--Administrative 
Procedure Act
Sec. 150B-23  Commencement; assignment of administrative law judge; 
hearing required; notice; intervention
(5) General Statutes of North Carolina, Chapter 1A--Rules of Civil 
Procedure
Rule 24  Intervention

    (B) The regulatory provisions include:
(1) North Carolina Administrative Code, Title 15A--Department of 
Environment and Natural Resources; Chapter 2, Subchapter 2N, 
Underground Storage Tanks
Section .0100  General Considerations (Insofar as .0101(c) provides 
inspection and enforcement authority.)
(2) North Carolina Administrative Code, Title 15A--Department of 
Environment and Natural Resources; Chapter 2, Subchapter 2O: Financial 
Responsibility Requirements for Owners and Operators of Underground 
Storage Tanks
Section .0100  General Considerations (Insofar as .0101(c) provides 
inspection and enforcement authority.)
(3) North Carolina Administrative Code, Title 15A--Department of 
Environment and Natural Resources; Chapter 2, Subchapter 2P: Leaking 
Petroleum Underground Storage Tank Cleanup Funds
Section .0100  General Considerations (Insofar as .0101(d) provides 
inspection and enforcement authority.)

    (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) General Statutes of North Carolina, Chapter 143--State Departments, 
Institutions, and Commissions; Article 21A, Oil Pollution and Hazardous 
Substances Control
Sec. 143-215.83  Discharges (Insofar as (c) addresses permit 
requirements.)
Sec. 143-215.92  Lien on vessel (Insofar as it addresses vessels, which 
are not regulated by the Federal program.)
Sec. 143-215.94A  Definitions (Insofar as .94A(2) subjects certain 
heating oil tanks and the piping connected to otherwise excluded tanks 
to the regulatory requirements.)
Sec. 143-215.94C  Commercial leaking petroleum underground storage tank 
cleanup fees (Insofar as it establishes annual operating fees.)
Sec. 143-215.94U  Registration of petroleum commercial underground 
storage tanks; operation of petroleum underground storage tanks; 
operating permit required (Insofar as it requires owners and operators 
to obtain operating permits and pay operating fees for their tanks, and 
imposes requirements on individuals other than UST owners and 
operators.)

    (B) The regulatory provisions include:
(1) North Carolina Administrative Code, Title 15A--Department of 
Environment and Natural Resources; Chapter 2, Subchapter 2N, 
Underground Storage Tanks
Section .0200  Program Scope and Interim Prohibition (Insofar as .0201 
subjects USTs containing de minimis concentrations of regulated 
substances to closure requirements)
Section .0800  Out-of-Service UST Systems and Closure Insofar as .0802 
subjects USTs containing de minimis concentrations of regulated 
substances to closure requirements)
(2) North Carolina Administrative Code, Title 15A--Department of 
Environment and Natural Resources; Chapter 2, Subchapter 2O: Financial 
Responsibility Requirements for Owners and Operators of Underground 
Storage Tanks
Section .0200   Program Scope (Insofar as .0203(b)(1) defines ``annual 
operating fee'')
Section .0400  Responsibilities of Owners and Operators (Insofar as

[[Page 32570]]

.0402(b)(2) addresses annual operating fee requirements.)
(3) North Carolina Administrative Code, Title 15A--Department of 
Environment and Natural Resources; Chapter 2, Subchapter 2P: Leaking 
Petroleum Underground Storage Tank Cleanup Funds
Section .0200  Program Scope (Insofar as .0201(a) and (b) and .0202 
(b)(1) relate to annual operating fees.)
Section .0300  Annual Operating Fees (Insofar as .0301 sets forth 
annual operating fee requirements.)
Section .0400  Reimbursement Procedure (Insofar as .0401(b) relates to 
annual operating fees.)

    (2) Statement of legal authority. (i) ``Attorney General's 
Statement for Final Approval'', signed by the State Attorney General on 
January 5, 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.
    (ii) Letter from the Attorney General of North Carolina to EPA, 
August 11, 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.
    (iii) Letter from the Attorney General of North Carolina to EPA, 
September 24, 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) Demonstration of procedures for adequate enforcement. The 
``Demonstration of Procedures for Adequate Enforcement'' submitted as 
part of the original application on December 19, 1997, 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 December 19, 
1997, 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 North Carolina Department of Environment and 
Natural Resources, Division of Waste Management, UST Section, signed by 
the EPA Regional Administrator on July 29, 1999, 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 ``North Carolina'' and its listing.

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

* * * * *

North Carolina

    (a) The statutory provisions include:

General Statutes of North Carolina, Chapter 143--State Departments, 
Institutions, and Commissions; Article 21A, Oil Pollution and Hazardous 
Substances Control

Sec. 143-215.75  Title
Sec. 143-215.76  Purpose
Sec. 143-215.77  Definitions
Sec. 143-215.77A  Designation of hazardous substances and 
determination of quantities which may be harmful
Sec. 143-215.78  Oil pollution control program
Sec. 143-215.80  Confidential information
Sec. 143-215.81  Authority supplemental
Sec. 143-215.82  Local ordinances
Sec. 143-215.83  Discharges (Except insofar as (c) addresses permit 
requirements.)
Sec. 143-215.84  Removal of prohibited discharges
Sec. 143-215.85  Required notice
Sec. 143-215.86  Other State agencies and State-designated local 
agencies
Sec. 143-215.87  Oil or Other Hazardous Substances Pollution 
Protection Fund
Sec. 143-215.88  Payment to State agencies or State-designated local 
agencies
Sec. 143-215.89  Multiple liability for necessary expenses
Sec. 143-215.90  Liability for damage to public resources
Sec. 143-215.93  Liability for damage caused
Sec. 143-215.93A  Limitation on liability of persons engaged in 
removal of oil discharges
Sec. 143-215.94A  Definitions (Except insofar as .94A(2) subjects 
certain heating oil tanks and the piping connected to otherwise 
excluded tanks to the regulatory requirements.)
Sec. 143-215.94B  Commercial Leaking Petroleum Underground Storage 
Tank Cleanup Fund
Sec. 143-215.94D  Noncommercial Leaking Petroleum Underground 
Storage Tank Cleanup Fund
Sec. 143-215.94E  Rights and obligations of the owner and operator
Sec. 143-215.94G  Authority of the Department to engage in cleanups; 
actions for fund reimbursement (Except insofar as (e) outlines 
enforcement authorities.)
Sec. 143-215.94H  Financial responsibility
Sec. 143-215.94I  Insurance pools authorized; requirements
Sec. 143-215.94J  Limitation of liability of the State of North 
Carolina
Sec. 143-215.94L  Adoption of rules; administrative procedure; short 
title; miscellaneous provisions
Sec. 143-215.94M  Reports
Sec. 143-215.94N  Applicability
Sec. 143-215.94O  Petroleum Underground Storage Tank Funds Council
Sec. 143-215.94P  Groundwater Protection Loan Fund
Sec. 143-215.94T  Adoption and implementation of regulatory program
Sec. 143-215.94V  Standards for petroleum underground storage tank 
cleanup

    (b) The regulatory provisions include:

North Carolina Administrative Code, Title 15A--Department of 
Environment and Natural Resources; Chapter 2, Subchapter 2L: 
Groundwater Classification and Standards

1. Section .0100  General Considerations

.0101  Authorization
.0102  Definitions
.0103  Policy
.0104  Restricted Designation (RS)
.0105  Adoption by Reference (Repealed)
.0106  Corrective Action
.0107  Compliance Boundary
.0108  Review Boundary
.0109  Delegation
.0110  Monitoring
.0111  Reports
.0112  Analytical Procedures
.0113  Variance
.0114  Notification Requirements
.0115  Risk-Based Assessment and Corrective Action for Petroleum 
Underground Storage Tanks

2. Section .0200  Classifications and Groundwater Quality Standards

.0201  Groundwater Classifications
.0202  Groundwater Quality Standards

3. Section .0300  Assignment of Underground Water Classifications

.0301  Classifications: General
.0302  Statewide
.0303  Broad River Basin
.0304  Cape Fear River Basin
.0305  Catawba River Basin
.0306  Chowan River Basin
.0307  French Broad River Basin
.0308  Hiwassee River Basin
.0309  Little Tennessee River Basin
.0310  Savannah River Basin
.0311  Lumber River Basin
.0312  Neuse River Basin
.0313  New-Watauga River Basin
.0314  Pasquotank River Basin
.0315  Roanoke River Basin
.0316  Tar Pamlico River Basin
.0317  White Oak River Basin
.0318  Yadkin-Pee Dee River Basin
.0319  Reclassification

North Carolina Administrative Code, Title 15A--Department of 
Environment and Natural Resources; Chapter 2, Subchapter 2N, 
Underground Storage Tanks

1. Section .0100  General Provisions

.0101  General (Except insofar as .0101(c) provides inspection and 
enforcement authority.)
.0102  Copies of referenced Federal regulations
.0103  Adoption by reference updates
.0104  Identification of tanks

2. Section .0200  Program Scope and Interim Prohibition

.0201  Applicability (Except insofar as it subjects USTs containing 
de minimis

[[Page 32571]]

concentrations of regulated substances to closure requirements)
.0202  Interim prohibition for deferred UST systems
.0203  Definitions

3. Section .0300  UST Systems: Design, Construction, Installation, and 
Notification

.0301  Performance standards for new UST systems
.0302  Upgrading of existing UST systems
.0303  Notification requirements

4. Section .0400  General Operating Requirements

.0401  Spill and overfill control
.0402  Operation and maintenance of corrosion protection
.0403  Compatibility
.0404  Repairs allowed
.0405  Reporting and recordkeeping

5. Section .0500  Release Detection

.0501  General requirements for all UST systems
.0502  Requirements for petroleum UST systems
.0503  Requirements for hazardous substance UST systems
.0504  Methods of release detection for tanks
.0505  Methods of release detection for piping
.0506  Release detection recordkeeping

6. Section .0600  Release Reporting, Investigation, and Confirmation

.0601  Reporting of suspected releases
.0602  Investigation due to off-site impacts
.0603  Release investigation and confirmation steps
.0604  Reporting and cleanup of spills and overfills

7. Section .0700  Release Response and Corrective Action for UST 
Systems Containing Petroleum or Hazardous Substances

.0701  General
.0702  Initial response
.0703  Initial abatement measures and site check
.0704  Initial site characterization
.0705  Free product removal
.0706  Investigations for soil and ground water cleanup
.0707  Corrective action plan
.0708  Public participation

8. Section .0800  Out-of-Service UST Systems and Closure

.0801  Temporary closure
.0802  Permanent closure and changes-in-service (Except insofar as 
it subjects USTs containing de minimis concentrations of regulated 
substances to closure requirements)
.0803  Assessing the site at closure or change-in-service
.0804  Applicability to previously closed UST systems
.0805  Closure records

North Carolina Administrative Code, Title 15A--Department of 
Environment and Natural Resources; Chapter 2, Subchapter 2O: Financial 
Responsibility Requirements for Owners and Operators of Underground 
Storage Tanks

1. Section .0100  General Considerations

.0101  General (Except insofar as .0101(c) provides inspection and 
enforcement authority.)
.0102  Copies of referenced Federal regulations
.0103  Substituted sections

2. Section .0200  Program Scope

.0201  Applicability
.0202  Compliance dates
.0203  Definitions (Except insofar as (b)(1) defines ``annual 
operating fee'')
.0204  Amount and scope of required financial responsibility

3. Section .0300  Assurance Mechanisms

.0301  Allowable mechanisms and combinations of mechanisms
.0302  Self insurance
.0303  Guarantee
.0304  Insurance and risk retention group coverage
.0305  Surety bond
.0306  Letter of credit
.0307  Standby trust fund
.0308  Insurance pools
.0309  Substitution of financial assurance mechanisms
.0310  Cancellation or nonrenewal by a provider of assurance

4. Section .0400  Responsibilities of Owners and Operators

.0401  Reporting by owner or operator
.0402  Record keeping (Except insofar as (b)(2) addresses annual 
operating fee requirements.)

5. Section .0500  Changes in Status

.0501  Drawing on financial assurance mechanisms
.0502  Release from the requirements
.0503  Incapacity of owner or operator or provider of assurance
.0504  Replenishment

North Carolina Administrative Code, Title 15A--Department of 
Environment and Natural Resources; Chapter 2, Subchapter 2P: Leaking 
Petroleum Underground Storage Tank Cleanup Funds

1. Section .0100  General Considerations

.0101  General (Except insofar as .0101(d) provides inspection and 
enforcement authority.)
.0102  Copies of rules incorporated by reference
.0103  False or misleading information

2. Section .0200  Program Scope

.0201  Applicability (Except insofar as .0201(a) and (b) relate to 
annual operating fees.)
.0202  Definitions (Except insofar as .0202 (b)(1) relates to annual 
operating fees.)

3. Section .0300  Annual Operating Fees

.0302  Notification

4. Section .0400  Reimbursement Procedure

.0401  Eligibility of owner or operator (Except insofar as .0401(b) 
relates to annual operating fees.)
.0402  Cleanup costs
.0403  Third party claims
.0404  Requests for reimbursement
.0405  Method of reimbursement
.0406  Reimbursement apportionment
.0407  Final action

[FR Doc. 01-14895 Filed 6-14-01; 8:45 am]
BILLING CODE 6560-50-P