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Federal Register / Vol. 86, No. 39 / Tuesday, March 2, 2021 / Rules and Regulations
approval for the following program changes:
Required Federal element
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40 CFR
40 CFR
40 CFR
40 CFR
40 CFR
40 CFR
40 CFR
40 CFR
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40 CFR
40 CFR

281.30, 281.31, 281.32, 281.33, 281.34, 281.35, 281.36, 281.37,
Implementing state authority
New UST Systems and Notification
Upgrading Existing UST Systems
General Operating Requirements
Release Detection
Release Reporting, Investigation, and Confirmation
Release Response and Corrective Action
Out-of-service Systems and Closure
Financial Responsibility for USTs Containing Petro-

281.38, Lender Liability
281.39, Operator Training

The State also demonstrates that its program provides adequate enforcement of compliance as described in 40 CFR
281.11b and part 281, subpart D.
Virginias State Water Control Board has broad statutory and regulatory authority with respect to USTs to regulate installation, operation, maintenance, closure, and UST releases, and to the issuance of orders, as implemented by the Virginia Department of Environmental Quality VADEQ. The statutory authority is found in the Code of Virginia in the following titles: Title 2.2, Subtitle I, Chapter 5: Department of Law, Article 1: General Provisions, section 2.2507; Title 2.2, Subtitle II, Chapter 40: Administrative Process Act;
Title 2.2, Subtitle II, Chapter 48:
Virginia Debt Collection Act; Title 10.1, Subtitle II, Chapter 11.1: Department of Environmental Quality, Article 1:
General Provisions, sections 10.11182, 1186, 1186.3, 1186.4; Title 36, Chapter 6: Uniform Statewide Building Code USBC, sections 3697 to 119.1, in particular, sections 3697, 98.1, 99.6; Title 42.1, Chapter 7: Virginia Public Records Act; and Title 62.1, Chapter 3.1: State Water Control Law, in the following articles: Article 2: Control Board Generally, sections 62.144.13, .15, Article 5: Enforcement and Appeal Procedure, sections 62.144.20, .21, .23, Article 6: Offenses and Penalties, sections 62.144.31, .32, Article 9:
Storage Tanks, sections 62.144.34:8 to :9, and Article 10: Petroleum Storage Tank Fund, sections 62.144.34:10 to :13. The regulatory authority is found in the Virginia Administrative Code at Title 9, Agency 25: State Water Control Board, Chapter 580, 9VAC25580 et seq.
and Chapter 590, 9VAC25590 et seq., and the Virginia Uniform Statewide Building Code, Part I, Virginia Construction Code VCC, Chapter 1, Sections 101.2, 102.3.10, 103, 108.1, 414.6.2 and Chapter 2.

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9VAC2558020, 9VAC2558020, 9VAC2558020, 9VAC2558020, 9VAC2558020, 9VAC2558020, 9VAC2558020, 9VAC2559040,
30, 50.1 to .5, & .7, 70, 1201a, 380, 390.
60, 380, 390.
60, 80, 82, 85, 90, 100, 110, 120, 180.
50, 85, 130 to 170, 380, 390.
80B, 190, 200 to 220.
230 to 280, 300.
310 to 350, 390.
50 to 150, 160, 170, 200, 210, 250, 260.

9VAC25590240, 260.
9VAC2558020, 125.

H. Where are the revised rules different from the Federal rules?
Broader in Scope Provisions Where an approved state program has a greater scope of coverage than required by federal law, the additional coverage is not part of the federallyapproved program and is not federally enforceable 40 CFR 281.12a3ii.
The following Virginia requirements are considered broader in scope than the federal program. In accordance with 40
CFR 281.12a3ii, this additional coverage is not part of the federallyapproved program and is not federally enforceable.
Virginias statutory and regulatory definitions of a regulated substance under Va. Code Sec. 62.144.34:8 and :10 and 9VAC2558010, include an element, compound, mixture, solution or substance that, when released into the environment, may present substantial danger to the public health or welfare or the environment. The federal definition of regulated substance, which is found at 40 CFR
280.12, includes only hazardous substances and petroleum. To the extent that Virginia regulates a larger tank community with respect to regulated substance tanks which are not specifically exempted, such a requirement is broader in scope than the federal program.
Under Va. Code Sec. 62.144.34:13, Virginia levies a fee on certain types of fuels sold in the State to maintain the Petroleum Storage Tank Fund. Such fee requirements are broader in scope than the federal program.
Virginia requires owners and operators of UST systems undergoing installation, upgrade, repair and closure to obtain a permit from local building officials for state-owned facilities, the Department of General Services serves as the building official and an inspection in accordance with the USBC
and VCC when conducting such activities. 9VAC2558040, 50, 60,
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110, 160, 170, 310, 320, 380, 390. The USBC permitting and inspection requirements are broader in scope than the federal program.
I. How does this action affect Indian country 18 U.S.C. 1151 in Virginia?
Virginia is not authorized to carry out its program in Indian Country 18 U.S.C.
1151 within the State. This authority remains with EPA. Therefore, this action has no effect in Indian Country.
See 40 CFR 281.12a2.
II. Codification A. What is codification?
Codification is the process of placing a states statutes and regulations that comprise the states approved UST
program into the Code of Federal Regulations CFR. Section 9004b of RCRA, as amended, allows EPA to approve state UST programs to operate in lieu of the federal program. EPA
codifies its authorization of state programs in 40 CFR part 282 and incorporates by reference state statutes and regulations that EPA will enforce under sections 9005 and 9006 of RCRA
and any other applicable statutory provisions. The incorporation by reference of state authorized programs in the CFR should substantially enhance the publics ability to discern the current status of the approved state program and state requirements that can be federally enforced. This effort provides clear notice to the public of the scope of the approved program in each state.
B. What is the history of codification of Virginias UST program?
EPA incorporated by reference Virginias UST program, approved effective October 28, 1998, on June 15, 2004 69 FR 33312, June 15, 2004. In this document, EPA is revising 40 CFR
282.96 to include the approved revisions.

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