19830 Federal Register / Vol. 79, No. 69 / Thursday, April 10, 2014 / Rules and Regulations 

EPA-APPROVED ALASKA NONREGULATORY PROVISIONS AND QUASI-REGULATORY MEASURES—Continued 

Name of SIP provision Applicable geographic or 

nonattainment area State submittal date EPA approval date Comments 

Section V Ambient Air Monitoring 

ADEC Ambient Analysis 

Procedures.

Statewide .......................... 11/15/83 ............................ 4/24/84, 49 FR 17497.

Section VI Small Business Assistance Program 

Section VI Small Business 

Assistance Program.

Statewide .......................... 4/18/94 .............................. 9/5/95, 60 FR 46024.

Section 128 Requirements 

Public Official Financial 

Disclosure (2 AAC 

50.010–2 AAC 50.200).

Statewide .......................... 7/9/12 ................................ 10/22/12, 77 FR 64425.

Executive Branch Code of 

Ethics (9 AAC 52.010–9 

AAC 52.990).

Statewide .......................... 7/9/12 ................................ 10/22/12, 77 FR 64425.

Section 110(a)(2) Infrastructure and Interstate Transport 

Interstate Transport Requirements—1997 8- 

Hour Ozone and PM2.5

NAAQS.

Statewide .......................... 2/7/08 ................................ 10/15/08, 73 FR 60957 ..... Approves SIP for purposes 

of CAA section 

110(a)(2)(D)(i) for the 

1997 8-hour ozone and 

1997 PM2.5 NAAQS. 

110(a)(2) Infrastructure Requirements—1997 ozone 

standard.

Statewide .......................... 7/9/12 ................................ 10/22/12, 77 FR 64425 ..... Approves SIP for purposes 

of CAA sections 

110(a)(2)(A), (B), (C), 

(D)(ii), (E), (F), (G), (H), 

(J), (K), (L), and (M) for 

the 1997 8-hour ozone 

NAAQS. 

§ 52.97 [Removed and Reserved] 

■ 4. Remove and reserve § 52.97. 

§ 52.98 [Removed and Reserved] 

■ 5. Remove and reserve § 52.98. 

[FR Doc. 2014–08048 Filed 4–9–14; 8:45 am] 

BILLING CODE 6560–50–P 

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. 

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: Truman.bill@epa.gov. 

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 


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Federal Register / Vol. 79, No. 69 / Thursday, April 10, 2014 / Rules and Regulations 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 foi@dhec.sc.gov 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/ibrlocations.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: 

Truman.bill@epa.gov. 

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 


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19832 Federal Register / Vol. 79, No. 69 / Thursday, April 10, 2014 / Rules and Regulations 

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 nonapplicability 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 preexisting 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 

■ 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 

■ 2. Subpart B is amended by adding 

§ 282.90 to read as follows: 

§ 282.90 South Carolina StateAdministered 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 


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Federal Register / Vol. 79, No. 69 / Thursday, April 10, 2014 / Rules and Regulations 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 


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19834 Federal Register / Vol. 79, No. 69 / Thursday, April 10, 2014 / Rules and Regulations 

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. 

■ 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 groundwater cleanup 

280.66 Corrective action plan 

280.67 Public participation 

280.70 Temporary closure 

280.71 Permanent closure and changes-inservice 

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 


ehiers on DSK2VPTVN1PROD with RULES