(a) The State of Tennessee is approved to administer and enforce a petroleum 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 Tennessee Department of Environment and Conservation, Division of Underground Storage Tanks, was approved by EPA pursuant to 42 U.S.C. 6991c and part 281 of this chapter. EPA approved the Tennessee program on November 17, 1998 and it was effective on January 19, 1999.
(b) Tennessee has primary responsibility for enforcing its petroleum 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. EPA also retains all authority to operate the hazardous substance underground storage tank program.
(c) To retain program approval, Tennessee 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 Tennessee 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) Tennessee has final approval for the following elements submitted to EPA in the State's program application for final approval and approved by EPA on November 17, 1998. Copies may be obtained from the Underground Storage Tank Program, Tennessee Department of Environment and Conservation, Division of Underground Storage Tanks, 4th Floor, L&C Tower, 401 Church Street, Nashville, Tennessee 37243-1541.
(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) Tennessee Statutory Requirements Applicable to the Underground Storage Tank Program, 1998.
(B) Tennessee Regulatory Requirements Applicable to the Underground Storage Tank Program, 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 Tennessee, Chapter 215—Tennessee Petroleum Underground Storage Tank Act:
Section 68-215-107 Supervision, inspection, and enforcement responsibilities
Section 68-215-114 Order for correction—Liability
Section 68-215-116 Failure to take proper action
Section 68-215-119 Review of orders and revocations
Section 68-215-120 Criminal penalties—Suspension of certificates
Section 68-215-121 Civil penalty—Assessment
Section 68-215-122 Injunctions
(B) The regulatory provisions include:
(1) Tennessee Department of Environment and Conservation, Underground Storage Tank Program Rules, Chapter 1200-1-15: Not applicable.
(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) Tennessee Code Annotated, Title 68, Chapter 215:
Section 68-215-102(a)(3) [Insofar as it refers to the intent to develop long range plans to meet future petroleum underground storage tank demands.]
Section 68-215-102(a)(5) [Insofar as it provides for a cleanup fund.]
Section 68-215-104 [Insofar as it applies to persons other than underground storage tank owners or operators.]
Section 68-215-106(a)(6) [Insofar as it requires any person who deposits petroleum in underground storage tanks to notify the owner or operator of state notification requirements.]
Section 68-215-106(c)(2) [Insofar as it applies to persons other than owners and operators placing petroleum substances in an underground storage tank.]
Section 68-215-107(f)(9) [Insofar as it provides for rule development for the assessment and collections of fees.]
Section 68-215-109 [Insofar as it allows for levying and collection of annual fees to operate the underground storage tank fund and develop rules.]
Section 68-215-110 [Insofar as it establishes a petroleum underground storage tank fund.]
Section 68-215-111 [Insofar as it refers to uses of the state underground storage tank fund.]
Section 68-215-112 [Insofar as it established a petroleum underground storage tank board.]
Section 68-215-113 [Insofar as it established board meeting, public hearing, and board compensation.]
Section 68-215-115 [Insofar as it establishes cost recovery and apportionment of liability for cleanups.]
Section 68-215-117 [Insofar as it applies to persons other than underground storage tank owners and operators.]
Section 68-215-125 [Insofar as it applies to the state underground storage tank fund.]
Section 68-215-128 [Insofar as it requires a report to the General Assembly.]
(B) The regulatory provisions include:
(1) Tennessee Department of Environment and Conservation, Underground Storage Tank Program Rules, Chapter 1200-1-15:
Section .09 [Insofar as it refers to guidelines and procedures for administering the Tennessee petroleum underground storage tank fund.]
Section .10 [Insofar as it refers to annual fees, the use, collection and failure to pay fees.]
Section .11 [Insofar as it requires underground storage tank fees, use, collection and failure to pay penalties, and fee notices.]
(2) Statement of legal authority. “Attorney General's Statement of ‘No Less Stringent’ Requirements and ‘Adequate Enforcement’ Authorities Implementing Underground Storage Tank Program”, signed by the State Attorney General on June 3, 1996, 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 September 1, 1996, 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 1, 1996, 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 Tennessee Department of Environment and Conservation, Division of Underground Storage Tanks, signed by the EPA Regional Administrator on July 1, 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.
[64 FR 28929, May 28, 1999]
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