EPA - 40 CFR PART 281
APPROVAL OF STATE UNDERGROUND STORAGE TANK PROGRAMS
|Publication Date:||1 July 2014|
(1) The Administrator may approve either partial or complete state programs. A ''partial'' state program regulates either solely UST systems containing petroleum or solely UST systems containing hazardous substances. If a ''partial'' state program is approved, EPA will administer the remaining part of the program. A ''complete'' state program regulates both petroleum and hazardous substance tanks
(2) EPA will administer the UST program on Indian lands, except where Congress has clearly expressed an intention to grant a state authority to regulate petroleum and hazardous substance USTs on Indian lands. In either case, this decision will not impair a state's ability to obtain program approval for petroleum and/or hazardous substances on non-Indian lands in accordance with this part.
(3) Nothing in this subpart precludes a state from:
(i) Adopting or enforcing requirements that are more stringent or more extensive than those required under this part; or
(ii) Operating a program with a greater scope of coverage than that required under this part. Where an approved state program has a greater scope of coverage than required by federal law, the additional coverage is not part of the federally-approved program.
(a) This subpart specifies the requirements that state programs must meet for approval by the Administrator under section 9004 of RCRA, and the procedures EPA will follow in approving, revising and withdrawing approval of state programs.
(b) State submissions for program approval must be in accordance with the procedures set out in this part.
(c) A state may apply for approval under this subpart at any time after the promulgation of release detection, prevention, and correction regulations under section 9003 of RCRA.
(d) Any state program approved by the Administrator under this part shall at all times be conducted in accordance with the requirements of this part.