Underground Storage Tank Program: Codification of Approved State Program for South Carolina, 19830-19834 [2014-08049]

Agencies

• ENVIRONMENTAL PROTECTION AGENCY

[Federal Register Volume 79, Number 69 (Thursday, April 10, 2014)]
[Rules and Regulations]
[Pages 19830-19834]
From the Federal Register Online via the Government Printing 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: https://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

[[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 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 https://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: 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

[[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 https://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]
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