[Federal Register Volume 71, Number 52 (Friday, March 17, 2006)]
[Rules and Regulations]
[Pages 13769-13773]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 06-2480]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 282

[FRL-8011-3]


Underground Storage Tank Program: Approved State Program for 
Pennsylvania

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 EPA to grant approval to States to operate their 
underground storage tank programs in lieu of the Federal program. Title 
40 of the Code of Federal Regulations (40 CFR) 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 in accordance with 
sections 9005 and 9006 of RCRA Subtitle I and other applicable 
statutory and regulatory provisions. This rule codifies the prior 
approval of the Commonwealth of Pennsylvania's underground storage tank 
program and incorporates by reference appropriate provisions of State 
statutes and regulations.

DATES: This regulation is effective May 16, 2006, unless EPA publishes 
a prior Federal Register notice withdrawing this immediate final rule. 
All comments on the codification of the Commonwealth of Pennsylvania's 
underground storage tank program must be received by the close of 
business April 17, 2006. The incorporation by reference of certain 
publications listed in the regulations is approved by the Director of 
the Federal Register, as of May 16, 2006, in accordance with 5 U.S.C. 
552(a) and 1 CFR part 51.

ADDRESSES: Send written comments to Carletta Parlin, U.S. EPA Region 3, 
Mailcode 3WC21, RCRA State Programs Branch, 1650 Arch Street, 
Philadelphia, PA 19103-2029. Comments may also be submitted 
electronically through the Internet to: [email protected] or by 
facsimile at (215) 814-3163. You can examine copies of the codification 
materials during normal business hours at the following location: EPA 
Region 3, Library, 2nd Floor, 1650 Arch Street, Philadelphia, PA 19103-
2029. Phone: (215) 814-5254.

FOR FURTHER INFORMATION CONTACT: Carletta Parlin, U.S. EPA Region 3, 
Mailcode 3WC21, RCRA State Programs Branch, 1650 Arch Street, 
Philadelphia, PA 19103-2029. Phone: (215) 814-3380.

SUPPLEMENTARY INFORMATION:

Background

    Section 9004 of RCRA, 42 U.S.C. 6991c, allows the EPA to approve a 
State underground storage tank program to operate in the State in lieu 
of the Federal underground storage tank program. EPA published a rule 
in the Federal Register granting approval to the Commonwealth of 
Pennsylvania on September 11, 2003, and approval was effective on 
September 11, 2003 (66 FR 53520).
    EPA codifies its approval of a State program in 40 CFR part 282 and 
incorporates by reference therein the State's statutes and regulations 
that make up the approved program which is federally-enforceable in 
accordance with 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 the 
Commonwealth of Pennsylvania's underground storage tank program. This 
codification reflects the State program in effect at the time EPA 
granted the Commonwealth approval, in accordance with RCRA 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 Commonwealth's program, and EPA is not 
now reopening that decision nor requesting comment on it.
    To codify EPA's approval of the Commonwealth of Pennsylvania's 
underground storage tank program, EPA has added Sec.  282.88 to title 
40 of the CFR. 40 CFR 282.88(d)(1)(i) incorporates by reference the 
State's statutes and regulations that make up the approved program 
which is federally-enforceable. 40 CFR 282.88 also references the 
Attorney General's Statement, the Demonstration of Adequate Enforcement 
Procedures, the Program Description, and the Memorandum of Agreement, 
which were evaluated as part of the approval process of the underground 
storage tank program, in accordance with Subtitle I of RCRA.
    EPA retains the authority in accordance with 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, EPA will rely on Federal sanctions, Federal 
inspection authorities, and Federal procedures rather than the State

[[Page 13770]]

analogues to these provisions. Therefore, the Commonwealth of 
Pennsylvania's inspection and enforcement authorities are not 
incorporated by reference, nor are they part of the Commonwealth of 
Pennsylvania's approved state program which operates in lieu of the 
Federal program. These authorities, however, are listed in 40 CFR 
282.88(d)(1)(ii) for informational purposes, and also because EPA 
considered them in determining the adequacy of the Commonwealth's 
enforcement authority. The Commonwealth of Pennsylvania's authority to 
inspect and enforce the State's underground storage tank requirements 
continues to operate independently under State law.
    Some provisions of the Commonwealth'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, or are 
otherwise not applicable. See 40 CFR 281.12(a)(3)(ii). As a result, 
State provisions which are ``broader in scope'' than the Federal 
program, or are otherwise not applicable, are not incorporated by 
reference for purposes of Federal enforcement in 40 CFR part 282. 
Section 282.88(d)(1)(iii) of the codification simply lists for 
reference and clarity the Commonwealth's 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.
    When the phrases, ``insofar'' and ``except insofar,'' are used in 
Appendix A (which provides an informational listing of the state 
requirements incorporated by reference in Part 282 of the Code of 
Federal Regulations), refer to the binders in the codification 
materials for specifics as to any words, phrases, sentences, 
paragraphs, or subsections that are ``crossed-out'' in the binders. 
These crossed-out materials are not incorporated by reference in Part 
282 of the Code of Federal Regulations.

Statutory and Executive Order Reviews

    This rule only codifies EPA-authorized underground storage tank 
program requirements pursuant to RCRA section 9004 and imposes no 
requirements other than those imposed by State law (see Supplementary 
Information). Therefore, this rule complies with applicable executive 
orders and statutory provisions as follows.
    1. Executive Order 12866: Regulatory Planning Review--The Office of 
Management and Budget has exempted this rule from its review under 
Executive Order (EO) 12866.
    2. Paperwork Reduction Act--This rule does not impose an 
information collection burden under the Paperwork Reduction Act.
    3. Regulatory Flexibility Act--After considering the economic 
impacts of today's rule on small entities under the Regulatory 
Flexibility Act, I certify that this rule will not have a significant 
economic impact on a substantial number of small entities.
    4. Unfunded Mandates Reform Act--Because this rule codifies pre-
existing requirements under state law and does not impose any 
additional enforceable duty beyond that required by state law, it does 
not contain any unfunded mandate or significantly or uniquely affect 
small governments, as described in the Unfunded Mandates Reform Act.
    5. Executive Order 13132: Federalism--EO 13132 does not apply to 
this rule because it will not have federalism implications (i.e., 
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).
    6. Executive Order 13175: Consultation and Coordination with Indian 
Tribal Governments--EO 13175 does not apply to this rule because it 
will not have tribal implications (i.e., substantial direct effects on 
one or more Indian tribes, 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).
    7. Executive Order 13045: Protection of Children from Environmental 
Health & Safety Risks--This rule is not subject to EO 13045 because it 
is not economically significant and it is not based on health or safety 
risks.
    8. Executive Order 13211: Actions that Significantly Affect Energy 
Supply, Distribution, or Use--This rule is not subject to EO 13211 
because it is not a significant regulatory action as defined in EO 
12866.
    9. National Technology Transfer and Advancement Act--EPA has 
previously addressed the non-applicability of the National Technology 
Transfer and Advancement Act in its final approval of this state 
program. See 66 FR 53520. Section 12(d) of the National Technology 
Transfer and Advancement Act does not apply to this rule.
    10. Congressional Review Act--EPA will submit a report containing 
this rule and other information required by the Congressional Review 
Act (5 U.S.C. 801 et seq.) to the U.S. Senate, the U.S. House of 
Representatives, and the Comptroller General of the United States prior 
to publication in the Federal Register. A major rule cannot take effect 
until 60 days after it is published in the Federal Register. This 
action is not a ``major rule'' as defined by 5 U.S.C. 804(2). 
Nevertheless, to allow time for public comment, this action will be 
effective on May 16, 2006.

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: November 30, 2005.
Donald S. Welsh,
Regional Administrator, EPA Region 3.

0
For the reasons set forth in the preamble, 40 CFR part 282 is amended 
as follows:

PART 282--APPROVED UNDERGROUND STORAGE TANK PROGRAMS

0
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

0
2. Subpart B is amended by adding Sec.  282.88 to read as follows:


Sec.  282.88  Pennsylvania State-Administered Program.

    (a) The Commonwealth of Pennsylvania's underground storage tank 
program is approved in lieu of the Federal program in accordance with 
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 Pennsylvania Department of Environmental 
Protection, was approved by EPA pursuant to 42 U.S.C. 6991c and part 
281 of this chapter. EPA approved the Pennsylvania underground storage 
tank program on September 11, 2003, and approval was effective on 
September 11, 2003.
    (b) The Commonwealth has primary responsibility for enforcing its 
underground storage tank program. However, EPA retains the authority to 
exercise its inspection and enforcement authorities in accordance with 
sections 9005 and 9006 of Subtitle I of RCRA, 42 U.S.C. 6991d and 
6991e, regardless of

[[Page 13771]]

whether the State has taken its own actions, as well as in accordance 
with other statutory and regulatory provisions.
    (c) To retain program approval, the Commonwealth must revise its 
approved program to adopt new changes to the Federal Subtitle I program 
that make it more stringent, in accordance with section 9004 of RCRA, 
42 U.S.C. 6991c, and 40 CFR part 281, subpart E. If the Commonwealth 
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) The Commonwealth has final approval for the following elements 
submitted to EPA in the State's program application for final approval. 
On September 11, 2003, EPA published a rule approving the State's 
program in the Federal Register, 66 FR 53520. That approval became 
effective on September 11, 2003. Copies of the Commonwealth's program 
application may be obtained from the Pennsylvania Department of 
Environmental Protection, Bureau of Land Recycling and Waste 
Management, Storage Tank Program, Rachel Carson State Office Building, 
Harrisburg, PA 17105-8762.
    (1) State statutes and regulations. (i) The provisions cited in 
paragraph (d)(1)(i) of this section are incorporated by reference as 
part of the approved underground storage tank program in accordance 
with Subtitle I of RCRA, 42 U.S.C. 6991 et seq.
    (A) Pennsylvania Statutory Requirements Applicable to the 
Underground Storage Tank Program, 2002.
    (B) Pennsylvania Regulatory Requirements Applicable to the 
Underground Storage Tank Program, 2002.
    (ii) EPA considered the following statutes and regulations in 
evaluating the State program, but did not incorporate them by 
reference.
    (A) The statutory provisions include:
    (1) Storage Tank and Spill Prevention Act of 1989, Public Law 169, 
No. 32

35 PS Section 6021.107 Powers and duties of department (insofar as 
paragraphs (b), (c), (e), and (f) grant the department enforcement 
authorities)
35 PS Section 6021 Ch. 13 Enforcement

    (2) Title 35. Health and Safety; Chapter 44. Environmental Hearing 
Board Act

35 P.S. Section 7514 Jurisdiction

    (3) Title 71. Article IV. Organization of Departmental 
Administrative Boards and Commissions and of Advisory Boards and 
Commissions

71 P.S. Section 180-1 Environmental Quality Board

    (4) Title 71. Article XIX-A. Powers and Duties of the Department of 
Environmental Resources, its Officers and Departmental and Advisory 
Boards and Commissions

71 P.S. Section 510-17 Abatement of nuisances
71 P.S. Section 510-20 Environmental Quality Board

    (B) The regulatory provisions include:
    (1) Pennsylvania Code, Chapter 245, Administration of the Storage 
Tank and Spill Prevention Programs

Section 245.303 General

    (2) Pennsylvania Rules of Civil Procedure

Pa R.C.P. Rule 2326 Definitions
Pa R.C.P. Rule 2327 Who May Intervene
Pa R.C.P. Rule 2328 Petition to Intervene
Pa R.C.P. Rule 2329 Action of Court on Petition
Pa R.C.P. Rule 2330 Practice

    (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. These provisions are 
not federally enforceable.
    (A) The statutory provisions include:

    Storage Tank and Spill Prevention Act of 1989, Public Law 169, 
No. 32
35 PS Section 6021.103 Definitions (insofar as the section addresses 
aboveground storage tanks; encompasses a broader range of regulated 
substances; and insofar as certain classes of tanks excluded or 
deferred under the federal definition of ``underground storage 
tank'' are not excluded or deferred under the state definition)
35 PS Section 6021.106 Powers and duties of Environmental Quality 
Board (insofar as it addresses aboveground storage tanks)
35 PS Section 6021.107 Powers and duties of department (insofar as 
paragraph (d) establishes the Department's duties regarding a 
certification program)
35 PS Section 6021.108 Interim certification of installers and 
inspectors (insofar as the section establishes a certification 
program for installers and inspectors)
35 PS Section 6021 Ch 3 Aboveground storage tanks (insofar as the 
Chapter regulates aboveground storage tanks)
35 PS Section 6021.501 Underground storage tank requirements 
(insofar as subparagraph (a)(1) requires payment of registration 
fees; subparagraph (a)(8) sets forth permitting requirements; 
subparagraph (a)(12) addresses permitting; subparagraph (a)(15) 
regulates handlers of regulated substances; and paragraph (c) 
establishes a certified installer and inspector program)
35 PS Section 6021.502 Interim requirements and discontinued use 
(insofar as paragraph (a) establishes interim registration fees; and 
subparagraph (b)(5) requires tanks to be installed by a certified 
installer)
35 PS Section 6021.503 Registration (insofar as paragraph (a) 
requires payment of registration fees; paragraph (b) regulates 
selling, distributing, depositing, or filling unregistered 
underground storage tanks; and paragraph (c) establishes uses for 
registration fees)
35 PS Section 6021.504 Permits and plans
35 PS Section 6021.506 Small operator assistance program for 
underground storage tanks
35 PS Section 6021.507 Reimbursement for testing
35 PS Section 6021.702 Storage Tank Fund (insofar as paragraph (a) 
addresses aboveground storage tanks)
35 PS Section 6021.704 Underground Storage Tank Indemnification Fund 
(insofar as subparagraph (e)(3) addresses payment of fees)
35 PS Section 6021.705 Powers and duties of Underground Storage Tank 
Indemnification Board (insofar as paragraphs (d) and (e) address 
payment of fees)
35 PS Section 6021 Ch 9 Spill Prevention Response Plan
35 PS Section 6021 Ch 11 Siting of New Aboveground Storage Tank 
Facility and Regulations
35 PS Section 6021.2101 Start-up costs (insofar as it addresses 
aboveground storage tanks)

    (B) The regulatory provisions include:

    Pennsylvania Code, Chapter 245, Administration of the Storage 
Tank and Spill Prevention Programs

Section 245.1 Definitions (insofar as the section addresses 
aboveground storage tanks; insofar as it encompasses a broader range 
of regulated substances; and insofar as it includes individuals that 
are not regulated under the federal program under its definition of 
``responsible party'')
Section 245.21 Tank handling and inspection requirements (insofar as 
the section imposes requirements on tank installers and addresses 
requirements for aboveground tanks)
Section 245.31 Underground storage tank tightness testing 
requirements (insofar as paragraph (a) requires Department 
certification for underground tightness testing installers)
Ch 245, Subch. B Certification Program for Installers and Inspectors 
of Storage Tanks and Storage Tank Facilities (insofar as the 
Subchapter establishes a certification program)
Ch 245, Subch. C Permitting of Underground and Aboveground Storage 
Tank Systems and Facilities (insofar as the Subchapter establishes a 
permitting program)
Section 245.305 Reporting releases (insofar as paragraph (h) 
addresses aboveground storage tanks)
Section 245.306 Interim remedial actions (insofar as subparagraph 
(b)(3) requires permits for treatment and disposal activities; and 
paragraph (d) regulates parties removing contaminated materials)

[[Page 13772]]

Section 245.411 Inspection frequency (insofar as the section 
addresses inspections by certified inspectors)
Section 245.424 Standards for new field constructed tank systems 
(insofar as the section sets forth requirements that exceed the 
federal requirements)
Section 245.425 Reuse of removed tanks (insofar as subparagraph (1) 
requires installation by a certified installer)
Section 245.434 Repairs allowed (insofar as subparagraph (1) 
requires repairs to be performed by a certified installer)
Section 245.441 General requirements for underground storage tank 
systems (insofar as subparagraph (a)(3)(i) requires third-party 
verification; and subparagraph (a)(3)(ii) requires manufacturers to 
reevaluate methods within 24 months of EPA changes)
Ch 245, Subch. F Technical standards for Aboveground Storage Tanks 
and Facilities (insofar as the Subchapter addresses aboveground 
storage tanks)
Ch 245, Subch. G Simplified Program for Small Aboveground Storage 
Tanks (insofar as the Subchapter addresses aboveground storage 
tanks)

    (2) Statement of legal authority. (i) ``Attorney General's 
Statement,'' signed by the State Attorney General on October 1, 2002, 
though not incorporated by reference, is referenced as part of the 
approved underground storage tank program in accordance with Subtitle I 
of RCRA, 42 U.S.C. 6991 et seq.
    (ii) Letter from the Attorney General of Pennsylvania to EPA, 
October 1, 2002, though not incorporated by reference, is referenced as 
part of the approved underground storage tank program in accordance 
with 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 November 25, 2002, though not 
incorporated by reference, is referenced as part of the approved 
underground storage tank program in accordance with 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 November 25, 
2002, though not incorporated by reference, are referenced as part of 
the approved underground storage tank program in accordance with 
Subtitle I of RCRA, 42 U.S.C. 6991 et seq.
    (5) Memorandum of Agreement. The Memorandum of Agreement between 
EPA Region 3 and the Pennsylvania Department of Environmental 
Protection, signed by the EPA Regional Administrator on August 22, 
2003, though not incorporated by reference, is referenced as part of 
the approved underground storage tank program in accordance with 
Subtitle I of RCRA, 42 U.S.C. 6991 et seq.

0
3. Appendix A to Part 282 is amended by adding in alphabetical order 
``Pennsylvania'' and its listing.

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

* * * * *

Pennsylvania

    (a) The statutory provisions include:
    Pennsylvania Storage Tank and Spill Prevention Act of 1989, 
Public Law 169, No. 32

35 PS Section 6021.101 Short title
35 PS Section 6021.102 Legislative findings
35 PS Section 6021.103 Definitions (except insofar as the section 
addresses aboveground storage tanks; encompasses a broader range of 
regulated substances; and insofar as certain classes of tanks 
excluded or deferred under the federal definition of ``underground 
storage tank'' are not excluded or deferred under the state 
definition)
35 PS Section 6021.104 API
35 PS Section 6021.105 Advisory committee
35 PS Section 6021.106 Powers and duties of Environmental Quality 
Board (except insofar as it addresses aboveground storage tanks)
35 PS Section 6021.107 Powers and duties of department (except 
insofar as paragraphs (b), (c), (e), and (f) grant the Department 
enforcement authorities; and paragraph (d) establishes the 
Department's duties regarding a certification program)
35 PS Section 6021.109 Construction
35 PS Section 6021.110 Applicability of certain provisions to the 
Commonwealth
35 PS Section 6021.501 Underground storage tank requirements (except 
insofar as subparagraph (a)(1) requires payment of registration 
fees; subparagraph (a)(8) sets forth permitting requirements; 
subparagraph (a)(12) addresses permitting; subparagraph (a)(15) 
regulates handlers of regulated substances; and paragraph (c) 
establishes a certified installer and inspector program)
35 PS Section 6021.502 Interim requirements and discontinued use 
(except insofar as paragraph (a) establishes interim registration 
fees; and subparagraph (b)(5) requires tanks to be installed by a 
certified installer)
35 PS Section 6021.503 Registration (except insofar as paragraph (a) 
requires payment of registration fees; paragraph (b) regulates 
selling, distributing, depositing or filling unregistered 
underground storage tanks; and paragraph (c) establishes uses for 
registration fees)
35 PS Section 6021.701 Financial responsibility 35 PS Section 
6021.702 Storage Tank Fund (except insofar as paragraph (a) 
addresses aboveground storage tanks)
35 PS Section 6021.703 Underground Storage Tank Indemnification 
Board
35 PS Section 6021.704 Underground Storage Tank Indemnification Fund 
(except insofar as subparagraph (e)(3) addresses payment of fees)
35 PS Section 6021.705 Powers and duties of Underground Storage Tank 
Indemnification Board (except insofar as paragraphs (d) and (e) 
address payment of fees)
35 PS Section 6021.706 Eligibility of claimants
35 PS Section 6021.707 Audit
35 PS Section 6021.708 Performance review
35 PS Section 6021.710 Underground Storage Tank Environmental 
Cleanup Program
35 PS Section 6021.711 Underground Storage Tank Pollution Prevention 
Program
35 PS Section 6021.712 Upgrade Loan Program
35 PS Section 6021.2101 Start-up costs (except insofar as it 
addresses aboveground storage tanks)
35 PS Section 6021.2102 Saved from repeal
35 PS Section 6021.2103 Severability
35 PS Section 6021.2104 Repeals
35 PS Section 6021.2105 Effective date

    (b) The regulatory provisions include:
    Pennsylvania Code, Chapter 245, Administration of the Storage 
Tank and Spill Prevention Programs

Section 245.1 Definitions (except insofar as the section addresses 
aboveground storage tanks; encompasses a broader range of regulated 
substances; and includes individuals that are not regulated under 
the federal program under its definition of ``responsible party'')
Section 245.2 General
Section 245.31 Underground storage tank tightness testing 
requirements (except insofar as paragraph (a) requires Department 
certification for underground tightness testing installers)
Section 245.301 Purpose
Section 245.302 Scope
Section 245.304 Investigation of suspected releases
Section 245.305 Reporting releases (except insofar as paragraph (h) 
addresses aboveground storage tanks)
Section 245.306 Interim remedial actions (except insofar as 
subparagraph (b)(3) requires permits for treatment and disposal 
activities; and paragraph (d) regulates parties removing 
contaminated materials)
Section 245.307 Affected or diminished water supplies
Section 245.308 Onsite storage of contaminated soil
Section 245.309 Site characterization
Section 245.310 Site characterization report
Section 245.311 Remedial action plan
Section 245.312 Remedial action
Section 245.313 Remedial action completion report
Section 245.314 Professional seals
Section 245.401 Purpose
Section 245.402 Scope
Section 245.403 Applicability
Section 245.404 Variances
Section 245.405 Codes and standards
Section 245.421 Performance standards for new underground storage 
tank systems

[[Page 13773]]

Section 245.422 Upgrading of existing underground storage tank 
systems
Section 245.423 Registration requirements
Section 245.425 Reuse of removed tanks (except insofar as 
subparagraph (1) requires installation by a certified installer)
Section 245.431 Spill and overfill control
Section 245.432 Operation and maintenance including corrosion 
protection
Section 245.433 Compatibility
Section 245.434 Repairs allowed (except insofar as subparagraph (1) 
requires repairs to be performed by a certified installer)
Section 245.435 Reporting and recordkeeping
Section 245.441 General requirements for underground storage tank 
systems (except insofar as subparagraph (a)(3)(i) requires third-
party verification; and subparagraph (a)(3)(ii) requires 
manufacturers to reevaluate methods within 24 months of EPA changes)
Section 245.442 Requirements for petroleum underground storage tank 
systems
Section 245.443 Requirements for hazardous substance underground 
storage tank systems
Section 245.444 Methods of release detection for tanks
Section 245.445 Methods of release detection for piping
Section 245.446 Release detection recordkeeping
Section 245.451 Temporary closure
Section 245.452 Permanent closure and changes-in-service
Section 245.453 Assessing the site at closure or change-in-service
Section 245.454 Applicability to previously closed underground 
storage tank systems
Section 245.455 Closure records
Section 245.701 Purpose
Section 245.702 Scope
Section 245.703 Owner or operator financial responsibility
Section 245.704 General requirements
Section 245.705 Owner and operator liability
Section 245.706 Underground storage tanks not covered by USTIF
Section 245.707 Coverage amounts for financial responsibility
Section 245.708 Failure to maintain financial responsibility

[FR Doc. 06-2480 Filed 3-16-06; 8:45 am]
BILLING CODE 6560-50-P