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Federal Register / Vol. 86, No. 39 / Tuesday, March 2, 2021 / Rules and Regulations CFR part 51. You may obtain copies of the Virginia regulations and statutes that are incorporated by reference in this paragraph from the Office of Spill Response and Remediation, Virginia DEQ, 1111 East Main Street, Suite 1400, Richmond, VA 23219; Phone number:
8046984010; tank@deq.virginia.gov.
You may inspect all approved material at the EPA Region 3 office, 1650 Arch Street, Philadelphia, PA 191032029
Phone number 2158142953 or the National Archives and Records Administration NARA. For information on the availability of the material at NARA, email fedreg.legal@
nara.gov or go to http
www.archives.gov/federal-register/cfr/
ibr-locations.html.
A Virginia Statutory Requirements Applicable to the Underground Storage Tank Program, April 2004.
B Virginia Regulatory Requirements Applicable to the Underground Storage Tank Program, June 2018.
ii Legal basis. EPA evaluated the following statutes and regulations, which are part of the approved program, but they are not being incorporated by reference for enforcement purposes, and do not replace federal authorities:
A The statutory provisions include:
1 Code of Virginia, Title 2.2, Subtitle I, Chapter 5: Department of Law, Article 1: General Provisions, Section 2.2507.
2 Code of Virginia, Title 2.2, Subtitle II, Chapter 40: Administrative Process Act, Sections 2.24000 to 4031, insofar as the provisions and procedures serve to implement the underground storage tank program.
3 Code of Virginia, Title 2.2, Subtitle II, Chapter 48: Virginia Debt Collection Act, Sections 2.24800 to 4809, insofar as the provisions and procedures serve to implement the underground storage tank program.
4 Code of Virginia, Title 10.1, Subtitle II, Chapter 11.1: Department of Environmental Quality, Article 1:
General Provisions, Sections 10.11182, 1186, 1186.3, 1186.4.
5 Code of Virginia, Title 36, Chapter 6: Uniform Statewide Building Code, Sections 3697 to 119.1, especially sections 3697, 98.1, 99.6.
6 Code of Virginia, Title 42.1, Chapter 7: Virginia Public Records Act, Sections 42.176 to 90.1, insofar as the provisions and procedures serve to implement the underground storage tank program.
7 Code of Virginia, Title 62.1, Chapter 3.1: State Water Control Law, Article 2: Control Board Generally, Sections 62.144.13, .15; Article 5:
Enforcement and Appeal Procedure, Sections 62.144.20, .21, .23; Article 6:

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Offenses and Penalties, Sections 62.1
44.31, .32.
B The regulatory provisions include:
1 Virginia Administrative Code, Title 9, Agency 25: State Water Control Board, Chapter 580: Underground Storage Tanks: Technical Standards and Corrective Action Requirements, Part I
Definitions, Applicability, and Installation Requirements for Partially Excluded Systems, 9VAC2558010
Definitions for Delivery prohibition and Delivery prohibition tag; Part IX
Delivery Prohibition, 9VAC25580370
Requirements for delivery prohibition.
2 2015 Virginia Uniform Statewide Building Code, Part I, Virginia Construction Code, Sections 101.2, 102.3.10, 103, 108.1, 414.6.2, Chapter 2.
iii Provisions not incorporated by reference. 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.
These provisions are not federally enforceable:
A The statutory provisions include:
1 Code of Virginia, Title 62.1, Chapter 3.1: State Water Control Law, Article 9: Storage Tanks Section 62.1
44.34:8 Definitions, Regulated substance insofar as the term includes substances not regulated under the federal program.
2 Code of Virginia, Title 62.1, Chapter 3.1: State Water Control Law, Article 10: Petroleum Storage Tank Fund.
Section 62.144.34:10 Definitions, Regulated substance insofar as the term includes substances not regulated under the federal program Section 62.144.34:13 Levy of fee for Fund maintenance B The regulatory provisions include Virginia Administrative Code, Title 9, Agency 25: State Water Control Board, Chapter 580: Underground Storage Tanks: Technical Standards and Corrective Action Requirements.
1 Section 9VAC2558010
Definitions, Regulated substance insofar as the term includes substances not regulated under the federal program 2 Section 9VAC2558040
Permitting and inspection requirements for all UST systems, USBC permitting and inspection requirements 3 Section 9VAC2558050
Performance standards for new UST
systems, subdivision 4.b. USBC
permitting and inspection requirements, subdivision 5. USBC
permitting requirement to demonstrate compliance with subdivision 4. of 9VAC2558050

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4 Section 9VAC2558060
Upgrading of existing UST systems, USBC permitting and inspection requirements 5 Section 9VAC25580110 Repairs allowed, USBC permitting and inspection requirements 6 Section 9VAC25580160 Methods of release detection for tanks, USBC
permitting and inspection requirements 7 Section 9VAC25580170 Methods of release detection for piping, USBC permitting and inspection requirements 8 Section 9VAC25580310
Temporary closure, USBC
permitting and inspection requirements 9 Section 9VAC25580320
Permanent closure and changes-inservice, USBC permitting and inspection requirements 10 Section 9VAC25580380 General Requirements, USBC permitting and inspection requirements 11 Section 9VAC25580390
Additions, exceptions, and alternatives for UST systems with field-constructed tanks and airport hydrant systems, USBC permitting and inspection requirements 2 Statement of legal authority.
Attorney Generals Statement, signed by the Assistant Attorney General, via authority delegated by the Attorney General, on November 20, 2018, 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 Virginia UST Program Demonstration of Adequate Enforcement Procedures submitted as part of the program revision application for approval on February 11, 2019, 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 program revision application on February 11, 2019, 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 3 and the Virginia Department of Environmental Quality, signed by the EPA Regional Administrator on November 26, 2018,
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