[Federal Register Volume 79, Number 69 (Thursday, April 10, 2014)]
[Rules and Regulations]
[Pages 19830-19834]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2014-08049]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 282
[EPA-R04-UST-2013-0679; FRL-9909-12-Region 4]
Underground Storage Tank Program: Codification of Approved State
Program for South Carolina
AGENCY: Environmental Protection Agency (EPA).
ACTION: Direct final rule.
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SUMMARY: The Resource Conservation and Recovery Act of 1976, as amended
(RCRA), authorizes the United States Environmental Protection Agency
(EPA) to grant approval to states to operate their underground storage
tank programs in lieu of the federal program. The EPA codifies its
decision to approve state underground storage tank programs and
incorporate by reference those provisions of the state statutes and
regulations that EPA has approved. This action codifies the prior
approval of South Carolina's underground storage tank program, which
EPA approved on August 28, 2002, and incorporates by reference approved
provisions of South Carolina's statutes and regulations.
DATES: This direct final rule is effective June 9, 2014, unless EPA
publishes a prior Federal Register notice withdrawing this direct final
rule. All comments on the codification of South Carolina's underground
storage tank program must be received by the close of business May 12,
2014. The incorporation by reference of certain publications listed in
the regulations is approved by the Director of the Federal Register, as
of June 9, 2014, in accordance with 5 U.S.C. 552(a) and 1 CFR part 51.
ADDRESSES: Comments may be submitted, identified by Docket ID No. EPA-
R04-UST-2013-0679, by one of the following methods:
Federal eRulemaking Portal: http://www.regulations.gov.
Follow the on-line instructions for submitting comments.
Email: [email protected]. Include Docket ID No. EPA-R04-
UST-2013-0679 in the subject line of the message.
Fax: (404) 562-8689/8439 (prior to faxing, please notify
EPA contact listed below).
Mail: Send written comments to Mr. Bill Truman, Chief,
Underground Storage Tank Section, Restoration and Underground Storage
Tank Branch, RCRA Division, U.S. Environmental Protection Agency,
Region 4, Atlanta Federal Center, 61 Forsyth Street SW., Atlanta, GA
30303-8960.
Hand Delivery or Courier: Deliver your comments to Mr.
Bill Truman, Chief, Underground Storage Tank Section, Restoration and
Underground Storage Tank Branch, RCRA Division, U.S. Environmental
Protection Agency, Region 4, Atlanta Federal Center, 61 Forsyth Street
SW., Atlanta, GA 30303-8960.
Instructions: Comments should reference Docket ID No. EPA-R04-UST-
2013-0679. EPA's policy is that all comments received will be included
in the public docket without change and may be made available online at
www.regulations.gov, including any personal information provided,
unless the comment includes information claimed to be Confidential
Business
[[Page 19831]]
Information (CBI) or other information whose disclosure is restricted
by statue. Do not submit information that you consider to be CBI or
otherwise protected through www.regulations.gov or email. The
www.regulations.gov Web site is an ``anonymous access'' system, which
means EPA will not know your identity or contact information unless you
provide it in the body of your comment. If you send an email comment
directly to EPA without going through www.regulations.gov, your email
address will be automatically captured and included as part of the
comment that is placed in the public docket and made available on the
Internet. If you submit an electronic comment, EPA recommends that you
include your name and other contact information in the body of your
comment and with any materials you submit. If EPA cannot read your
comment due to technical difficulties and cannot contact you for
clarification, EPA may not be able to consider your comment. Electronic
files should avoid the use of special characters, any form of
encryption, and be free of any defects or viruses. For additional
information about EPA's public docket, visit the EPA Docket Center
homepage at www.epa.gov/epahome/dockets.htm.
Docket: All documents in the docket are listed in the
www.regulations.gov index. Although listed in the index, some
information is not publicly available (e.g., CBI or other information
whose disclosure is restricted by statute). Certain other materials,
such as copyrighted material, will be publicly available only in hard
copy. Publicly available docket materials are available either
electronically through www.regulations.gov or in hard copy at the
following locations: EPA, Region 4, RCRA Division, Atlanta Federal
Center, 61 Forsyth Street SW., Atlanta, Georgia 30303-8960; telephone
number: (404) 562-9457; the South Carolina Department of Health and
Environmental Control (SCDHEC), 2600 Bull Street, Columbia SC 29201, by
email at [email protected] or call (803) 898-3882; and the National
Archives and Records Administration (NARA). For the availability of
this material at NARA, call 202-741-6030, or go http://archives.gov/federal-register/cfr/ibr-locations.html. Interested persons wanting to
examine these documents should make an appointment with the office in
advance.
FOR FURTHER INFORMATION CONTACT: Mr. Bill Truman, Chief, Underground
Storage Tank Section, Restoration and Underground Storage Tank Branch,
RCRA Division, U.S. Environmental Protection Agency, Region 4, Atlanta
Federal Center, 61 Forsyth Street SW., Atlanta, GA 30303-8960;
telephone number: (404) 562-9457; fax number: (404) 562-8689/8439;
email address: [email protected].
SUPPLEMENTARY INFORMATION:
A. Background
Section 9004 of RCRA, 42 U.S.C. 6991c, authorizes 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 notice
of final determination in the Federal Register announcing its decision
to grant approval to South Carolina on August 28, 2002, and approval
was effective on September 27, 2002 (67 FR 55160-55162).
EPA codifies its approval of state programs in 40 CFR Part 282, and
incorporates by reference therein the state's statutes and regulations.
Today's action codifies EPA's prior approval of South Carolina's
underground storage tank program. This codification reflects the state
program in effect at the time EPA granted South Carolina approval under
Section 9004(a), 42 U.S.C. 6991c, for its underground storage tank
program. Notice and opportunity for comment were provided earlier on
EPA's decision to approve the South 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 South Carolina. By codifying the approved South
Carolina program and by amending the Code of Federal Regulations (CFR)
whenever a new or different set of requirements is approved in South
Carolina, the status of federally-approved requirements of the South
Carolina program will be readily discernible. Only those provisions of
the South Carolina underground storage tank program EPA has approved
will be incorporated by reference.
To codify EPA's approval of South Carolina's underground storage
tank program, EPA has added Section 282.90 to Title 40 of the CFR.
Section 282.90(d)(1)(i) incorporates by reference the State's statutes
and regulations that make up the approved program. Section 282.90(d)
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 9003(h),
9005 and 9006 of Subtitle I of RCRA, 42 U.S.C. 6991b(h), 6991d and
6991e, and other applicable statutory and regulatory provisions, to
undertake corrective actions, 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 authorized analogues to these
provisions. Therefore, the South Carolina inspection and enforcement
authorities are not incorporated by reference, nor are they part of
South Carolinas's approved state program which operates in lieu of the
federal program. These authorities, however, are listed in Section
282.90(d)(1)(ii) for informational purposes, and also because EPA
considered them in determining the adequacy of South Carolina's
enforcement authority. South Carolina's authority to inspect and
enforce the State's underground storage tank requirements continues to
operate independently under State law.
Some provisions of South Carolina'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
in 40 CFR Part 282. Section 282.90(d)(1)(iii) of the codification
simply lists for reference and clarity the South Carolina statutory and
regulatory provisions which are ``broader in scope'' than the federal
program and which are not, therefore, part of the approved State
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 CFR Part 282), 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.
B. Statutory and Executive Order Review
This action codifies South Carolina's underground storage tank
program that
[[Page 19832]]
EPA has previously approved pursuant to RCRA Section 9004, and imposes
no requirements other than those imposed by State law. This action
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 action from its
review under Executive Order (E.O.) 12866. 2. Paperwork Reduction Act--
This action does not impose an information collection burden under the
Paperwork Reduction Act, 44 U.S.C. 3501 et seq., because this action
does not establish or modify any information or recordkeeping
requirements for the regulated community, and only seeks to codify the
pre-existing and previously approved requirements under State law and
imposes no additional requirements beyond those imposed by State law.
3. Regulatory Flexibility Act and Unfunded Mandates Reform Act--After
considering the economic impacts of today's action on small entities
under the Regulatory Flexibility Act, I certify that this action will
not have a significant economic impact on a substantial number of small
entities because the action will only have the effect of authorizing
pre-existing requirements under State law and imposes no additional
requirements beyond those imposed by State law. 4. Unfunded Mandates
Reform Act--Because this action codifies pre-existing requirements
under South Carolina 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--E.O. 13132 does not apply to this
action because it will not have Federalism implications. It will not
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 various levels of government. 6.
Executive Order 13175: Consultation and Coordination with Indian Tribal
Governments--This action 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 action merely incorporates by reference the
South Carolina underground storage tank program requirements that EPA
has already approved. South Carolina is not approved to implement RCRA
underground storage tank program in Indian Country. This action has no
effect on the underground storage tank program that EPA implements in
Indian Country. Thus, Executive Order 13175 does not apply to this
action. 7. Executive Order 13045: Protection of Children from
Environmental Health & Safety Risks--EPA interprets Executive Order
13045 (62 FR 19885, April 23, 1997) as applying only to those
regulatory actions that concern health or safety risks, such that the
analysis required under Section 5-501 of the Executive Order has the
potential to influence the regulation. This action is not subject to
Executive Order 13045 because it will codify a previously approved
state program. 8. Executive Order 13211: Actions that Significantly
Affect Energy Supply, Distribution, or Use--This action is not subject
to E.O. 13211 because it is not a ``significant regulatory action'' as
defined in E.O. 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 67 FR 55160. Section 12(d) of the National
Technology Transfer and Advancement Act of 1995 (``NTTAA''), (15 U.S.C.
272 note), 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, Section 12(d) of the National Technology Transfer and
Advancement Act does not apply to this action. 10. Executive Order
12898: Federal Actions To Address Environmental Justice in Minority
Populations and Low Income Populations--Executive Order 12898 (59 FR
7629, February 16, 1994) establishes Federal executive policy on
environmental justice. Its main provision directs Federal agencies, to
the greatest extent practicable and permitted by law, to make
environmental justice part of their mission by identifying and
addressing, as appropriate, disproportionately high and adverse human
health or environmental effects of their programs, policies, and
activities on minority populations and low-income populations in the
United States. EPA has determined that this action will not have
disproportionately high and adverse human health or environmental
effects on minority or low-income populations. This action does not
affect the level of protection provided to human health or the
environment because this action simply codifies pre-existing and
previously approved State rules which are no less stringent than
existing Federal requirements. 11. Congressional Review Act--EPA will
submit a report containing this action 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).
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.
Authority: This document is issued under the authority of
Section 9004 of the Resource Conservation and Recovery Act of 1976
(RCRA), as amended, 42 U.S.C. 6991c.
Dated: March 10, 2014.
A. Stanley Meiburg,
Deputy Regional Administrator, U.S. EPA 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
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. 282.90 to read as follows:
Sec. 282.90 South Carolina State-Administered Program.
(a) The State of South 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 South Carolina Department of Health and
Environmental Control, was approved by EPA pursuant to 42 U.S.C. 6991c
and part 281 of this chapter. EPA published the notice of final
determination approving the South
[[Page 19833]]
Carolina underground storage tank program on August 28, 2002, and that
approval became effective on September 27, 2002.
(b) South Carolina has primary responsibility for enforcing its
underground storage tank program. However, EPA retains the authority to
exercise its corrective action, inspection and enforcement authorities
under sections 9003(h), 9005 and 9006 of Subtitle I of RCRA, 42 U.S.C.
6991b(h), 6991d and 6991e, as well as under other statutory and
regulatory provisions.
(c) To retain program approval, South 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 South 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) South Carolina has final approval for the following elements
submitted to EPA in the State's program application for final approval
as of August 28, 2002. Copies of South Carolina's program application
may be obtained from the South Carolina Department of Health and
Environmental Control, Underground Storage Tank Program, 2600 Bull
Street, Columbia, SC 29201; or the Underground Storage Tank Section,
U.S. Environmental Protection Agency, Region 4, Atlanta Federal Center,
61 Forsyth Street SW., Atlanta, GA 30303-8960.
(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 underground storage tank program under Subtitle I of RCRA,
42 U.S.C. 6991 et seq., with the approval of the Director of the
Federal Register under 5 U.S.C. 552(a) and 1 CFR part 51. Material is
incorporated as it exists on the date of the approval, and notice of
any change in the material will be published in the Federal Register.
All approved material is available for inspection at the National
Archives and Records Administration (NARA). For information on the
availability of the material at NARA, call 202-741-6030 or go to http://www.archives.gov/federal register/code of federal regulations/ibr
locations.html. Copies of South Carolina's program application may be
obtained from the Underground Storage Tank Program, South Carolina
Department of Health and Environmental Control, 2600 Bull Street,
Columbia, SC 29201.
(A) South Carolina Statutory Requirements Applicable to the
Underground Storage Tank Program, 2000.
(B) South Carolina Regulatory Requirements Applicable to the
Underground Storage Tank Program, 2000.
(ii) EPA considered the following statutes and regulations in
evaluating the State program, but is not incorporating them by
reference.
(A) The statutory provisions include:
(1) Code of Laws of South Carolina, Title 44. Health, Chapter 2.
State Underground Petroleum Environmental Response Bank Act (SUPERB
Act):
(i) Sec. 44-2-40 SUPERB Account and SUPERB Financial Responsibility
Fund created; purposes and uses. Insofar as it provides for the
creation of a SUPERB Account and SUPERB Financial Responsibility Fund,
and insofar as it establishes criteria for accessing the funds.
(ii) Sec. 44-2-50 Regulations to be promulgated; cost of
rehabilitation. Insofar as it provides for compliance monitoring and
enforcement of the chapter and regulations promulgated thereunder.
(iii) Sec. 44-2-60 Registration of underground storage tanks;
environmental impact fee. Insofar as this statute places requirements
on petroleum distributors, prohibiting them from placing petroleum and
petroleum products into an underground storage tank for which the owner
or operator does not hold a currently valid registration, and insofar
as it requires registration and the payment for registration fees and
environmental impact fees for underground storage tanks.
(iv) Sec. 44-2-75 Insurance pools. Insofar as its provides for a
means of establishing insurance pools to demonstrate financial
responsibility.
(v) Sec. 44-2-90 Accrued interest; prospective abolition of
environmental interest fee; use of residual funds for site
rehabilitation. Insofar as it refers to interest collected on state
fund accounts and the sunset date of the state funds.
(vi) Sec. 44-2-110 Early detection incentive program. Insofar as it
establishes criteria for qualified expenditure of funds from the SUPERB
Account.
(vii) Sec. 44-2-115 Eligibility requirements to be applied to favor
eligibility; qualified site remains qualified until correction and
compensation; petition for matter to be heard as contested case;
reconsideration by mediation panel. Insofar as is regulates eligibility
for state funds.
(viii) Sec. 44-2-120 Use of contractors, subcontractors, and
employees for rehabilitation or cleanup. Insofar as this statute
establishes requirements for site rehabilitation contractors.
(ix) Sec. 44-2-130 Compensation from SUPERB Account; other
insurance or financial responsibility mechanism; deadline for
submission; site rehabilitation not a state contract; criteria and
restrictions; application, certification, approval, denial, appeal;
records; rehabilitation plan; payments; federal government sites
exempt. Insofar as it establishes criteria for access to state funds.
(x) Sec. 44-2-140 Enforcement of chapter or department order,
penalties for violations. Insofar as it provides for compliance
monitoring and enforcement of the underground storage tank
requirements.
(xi) Sec. 44-2-150 SUPERB Advisory Committee; establishment;
purposes; composition; terms; officers; quorum; operating procedures;
facilities; duties and responsibilities; reports. Insofar as it
establishes provisions for an advisory committee to study the
implementation and administration of the SUPERB program.
(2) Code of Laws of South Carolina, Title 15, Civil Remedies and
Procedures.
(i) Rule 24(a)(2) Appeals from department decisions giving rise to
contested case; procedures. Insofar as it provides for compliance
monitoring and enforcement of the underground storage tank
requirements.
(B) The regulatory provisions include:
(1) South Carolina Underground Storage Tank Control Regulations, R.
61-92, Part 280.
(i) Sec. 280.301 Violations and Penalties. Insofar as it provides
for notice to violators, assessment of penalties, criminal prosecution,
and appeals under the SUPERB Act.
(ii) Sec. 280.302 Appeals. Insofar as it provides for appeal of any
determination by the Department pursuant to R. 61-92 under the
provisions of R. 61-72, Procedures for Contested Cases, and the
Administrative Procedures Act.
(2) SUPERB Site Rehabilitation and Fund Access Regulations, R.61-
98.
(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) Code of Laws of South Carolina, Title 44. Health, Chapter 2.
State
[[Page 19834]]
Underground Petroleum Environmental Response Bank Act (SUPERB Act):
(1) Sec. 44-2-60 Registration of underground storage tanks;
environmental impact fee. Insofar as it places requirements on
petroleum distributors, prohibiting them from placing petroleum and
petroleum products into an underground storage tank for which the owner
or operator does not hold a currently valid registration, and insofar
as it requires registration and the payment of registration fees for
underground storage tanks.
(2) Sec. 44-2-80 (B) and (C) Release of regulated substance;
containment, removal, and abatement. Insofar as it places requirements
that exceed the scope of the federal requirements applicable to a
person who holds indicia of ownership to protect their security
interests in an underground storage tank.
(3) Sec. 44-2-120 Use of contractors, subcontractors, and employees
for rehabilitation or cleanup. Insofar as it establishes requirements
for site rehabilitation contractors.
(B) South Carolina Underground Storage Tank Control Regulations,
R.61-92, Part 280:
(1) Sec. 280.10(e) Applicability. Insofar as it places requirements
on persons other than owners and operators.
(2) Sec. 280.23 New Tanks--permits required. Insofar as it requires
issuance of permits to install and operate for all new tanks.
(3) Sec. 280.300 Variances. Insofar as it exceeds the scope of the
federal program.
(2) Statement of legal authority. (i) ``General Counsel's
Statement,'' signed by the State General Counsel on September 5, 2000,
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 Adequate Enforcement Procedures'' submitted as part
of the original application on September 5, 2000, 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 5,
2000, 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 South Carolina Department of Health and
Environmental Control, Underground Storage Tank Program, signed by EPA
Regional Administrator on December 20, 2001, 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.
0
3. Appendix A to Part 282 is amended by adding in alphabetical order
``South Carolina'' and its listing to read as follows:
Appendix A to Part 282--State Requirements Incorporated by Reference in
Part 282 of the Code of Federal Regulations
* * * * *
South Carolina
(a) The statutory provisions include:
(1) Code of Laws of South Carolina, Title 44. Health, Chapter 2.
State Underground Petroleum Environmental Response Bank Act (SUPERB
Act)
44-2-10 Short Title
44-2-20 Definitions
44-2-70 Financial responsibility of underground storage tank owners
and operators
44-2-80 Release of regulated substance; containment, removal, and
abatement
(b) The regulatory provisions include:
(1) South Carolina Underground Storage Tank Control Regulations,
R.61-92, Part 280
280.10 Applicability
280.11 Interim prohibition for deferred UST systems
280.12 Definitions
280.20 Performance standards for new UST systems
280.21 Upgrading of Existing UST systems
280.22 Notification requirements
280.23 New tanks--B permits required
280.24 Testing
280.25 Secondary containment required
280.30 Spill and overfill control
280.31 Operation and maintenance of corrosion protection
280.32 Compatibility
280.33 Repairs allowed
280.34 Reporting and recordkeeping
280.40 General requirements for all UST systems
280.41 Requirements for petroleum UST systems
280.42 Requirements for hazardous substance UST systems
280.43 Methods of release detection for tanks
280.44 Methods of release detection for piping
280.45 Release detection recordkeeping
280.50 Reporting of suspected releases
280.51 Investigation due to off-site impacts
280.52 Release investigation and confirmation steps
280.53 Reporting and cleanup of spills and overfills
280.60 General
280.61 Initial response
280.62 Initial abatement measures and site check
280.63 Initial site characterization
280.64 Free product removal
280.65 Investigations for soil and ground-water cleanup
280.66 Corrective action plan
280.67 Public participation
280.70 Temporary closure
280.71 Permanent closure and changes-in-service
280.72 Assessing the site at closure or change-in-service and
reporting requirements
280.73 Applicability to previously closed UST systems
280.74 Closure records
280.90 Applicability
280.91 Compliance dates
280.92 Definition of terms
280.93 Amount and scope of required financial responsibility
280.94 Allowable mechanisms and combinations of mechanisms
280.95 Financial test of self-assurance
280.96 Guarantee
280.97 Insurance and risk retention group coverage
280.98 Surety Bond
280.99 Letter of credit
280.101 State Underground Petroleum Environmental Response Bank
(SUPERB) or other state assurance
280.102 Trust Fund
280.103 Standby trust fund
280.104 Local government bond rating test
280.105 Local government financial test
280.106 Local government guarantee
280.107 Local government fund
280.108 Substitution of financial assurance mechanism by owner or
operator
280.109 Cancellation or non-renewal by a provider of financial
assurance
280.110 Reporting by owner or operator
280.111 Recordkeeping
280.112 Drawing on financial assurance mechanisms
280.113 Release from requirements
280.114 Bankruptcy or other incapacity of owner or operator or
provider of financial assurance
280.115 Replenishment of guarantees, letters of credit, or surety
bonds
280.116 Suspension of enforcement (reserved)
280.200 Definitions
280.210 Participation in management
280.220 Ownership of an underground storage tank or underground
storage tank system or facility or property on which an underground
storage tank or underground storage tank system is located
280.230 Operating an underground storage tank or underground storage
tank system
* * * * *
[FR Doc. 2014-08049 Filed 4-9-14; 8:45 am]
BILLING CODE 6560-50-P