(a) State program elements. The following substantive elements of a state program must be addressed in a state application for approval:
(1) Requirements for all existing and new underground storage tanks:
(i) New UST systems (design, construction, installation, and notification);
(ii) Upgrading of existing UST systems;
(iii) General operating requirements;
(iv) Release detection;
(v) Release reporting, investigation, and confirmation;
(vi) Out-of-service USTs and closure;
(vii) Release response and corrective action; and
(viii) Financial responsibility for UST systems containing petroleum.
(2) Provisions for adequate enforcement of compliance with the above program elements.
(b) Final approval. The state must demonstrate that its requirements under each state program element for existing and new UST systems are no less stringent than the corresponding federal requirements as set forth in subpart C of this part, except as provided in paragraph (c) of this section. The state must also demonstrate that it has a program that provides adequate enforcement of compliance with these requirements.
(c) Interim approval. (1) The Administrator may approve state programs with requirements less stringent than the federal requirements for a period of 1 to 3 years from September 23, 1988. Such interim approval may be granted only if state regulatory and/or legislative change is required in order for the state program to be no less stringent than the federal requirements and standards under part 280 for one or more of the following program elements: Release detection at existing UST systems; release reporting and investigation; and out-of-service or closed UST systems.
(1) The Administrator may approve state programs with requirements less stringent than the federal requirements for a period of 1 to 3 years from September 23, 1988. Such interim approval may be granted only if state regulatory and/or legislative change is required in order for the state program to be no less stringent than the federal requirements and standards under part 280 for one or more of the following program elements: Release detection at existing UST systems; release reporting and investigation; and out-of-service or closed UST systems.
(2) A state program may receive interim approval if it:
(i) Has requirements for three elements:
(A) Release Detection;
(B) Release Reporting, Investigation, and Confirmation; and
(C) Out-of-Service UST Systems and Closure; and
(ii) Has requirements that are no less stringent than the corresponding federal requirements for five elements:
(A) New UST System Design, Construction, Installation and Notification;
(B) Upgrading Existing UST Systems;
(C) General Operating Requirements;
(D) Release Response and Corrective Action; and
(E) Financial Responsibility for UST systems containing petroleum; and
(iii) Provides for adequate enforcement of compliance with these requirements.
(3) A state with a program that has received interim approval must receive final approval of an amended program containing program elements that are no less stringent than the corresponding federal program elements under subpart C in accordance with the following schedule:
(i) If only state regulatory action is required, the state must submit an amended program to EPA for approval before September 23, 1989.
(ii) If only state legislative action is required, the state must submit an amended program to EPA for approval before September 23, 1990.
(iii) If both state legislative and regulatory action are required, the state must submit an amended program to EPA for approval before September 23, 1991.
(d) States with programs approved under this part are authorized to administer the state program in lieu of the federal program and will have primary enforcement responsibility with respect to the requirements of the approved program. EPA retains authority to take enforcement action in approved states as necessary and will notify the designated lead state agency of any such intended action.