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Federal Register / Vol. 86, No. 55 / Wednesday, March 24, 2021 / Rules and Regulations
Program in South Carolina. DHEC has broad statutory and regulatory authority to regulate the installation, operation, maintenance, and closure of USTs, as well as UST releases, under the State Underground Petroleum Environmental Response Bank Act SUPERB of 1988, S.C. Code Ann. sections 44210 to 44
2150, and the South Carolina UST
Rules at S.C. Code Ann. Regs. 6192
2017.
As part of the State Application, South Carolina has identified the following specific authorities for compliance monitoring, required pursuant to 40 CFR 281.40: S.C. Code.
Ann. section 44250C; and S.C. Code.
Ann. Regs. 6192, section 280.34.
As part of the State Application, South Carolina has identified the following specific authorities for enforcement response, required pursuant to 40 CFR 281.41: S.C. Code.
Ann. section 442140; and S.C. Code.
Ann. Regs. 6192, sections 280.26 and 280.301.
As part of the State Application, South Carolina has identified the following specific authorities enabling public participation in the State enforcement process, required pursuant to 40 CFR 281.42: Rule 24a2 of the South Carolina Rules of Civil Procedure;
and S.C. Code. Ann. Regs. 6192, section 280.67. Further, through a Memorandum of Agreement between DHEC and the EPA, effective October 12, 2018, the State maintains procedures for receiving and ensuring proper consideration of information about violations submitted by the public, and DHEC will not oppose citizen intervention when permissive intervention is allowed by statute, rule or regulation. As required pursuant to 40 CFR 281.43, through the Memorandum of Agreement between the State and the EPA, the State agrees to furnish the EPA, upon request, any information in State files obtained or used in the administration of the State UST Program.
To qualify for final approval, revisions to a states UST program must be no less stringent than the 2015
Federal Revisions. In the 2015 Federal Revisions, the EPA addressed UST
systems deferred in the 1988 UST
regulations, and added, among other things: New operation and maintenance requirements; secondary containment requirements for new and replaced tanks and piping; operator training requirements; and a requirement to ensure UST system compatibility before storing certain biofuel blends. In addition, the EPA removed past deferrals for emergency generator tanks, field constructed tanks, and airport
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hydrant systems. South Carolina adopted all of the required 2015 Federal Revisions at S.C. Code. Ann. Regs. 61
92 2017.
As part of the State Application, the DHEC General Counsel has certified that the State regulations provide for adequate enforcement of compliance and meet the no less stringent criteria in 40 CFR part 281, subparts C and D. The EPA is relying on this certification, in addition to the analysis submitted by the State, in approving the States changes.
H. Where are the revised State rules different from the Federal rules?
States may enact laws that are more stringent than their Federal counterparts. See RCRA section 9008, 42 U.S.C. 6991g. When an approved state program includes requirements that are considered more stringent than those required by Federal law, the more stringent requirements become part of the federally approved program in accordance with 40 CFR 281.12a3i.
The EPA has determined that some of South Carolinas regulations are considered more stringent than the Federal program, and upon approval, they will become part of the federally approved State UST Program and therefore federally enforceable.
In addition, states may enact laws which are broader in scope than their Federal counterparts in accordance with 40 CFR 281.12a3. State requirements that go beyond the scope of the Federal program are not part of the federally approved program and the EPA cannot enforce them. Although these requirements are enforceable by the State in accordance with South Carolina law, they are not Federal RCRA
requirements. The EPA considers the following State requirements to be broader in scope than the Federal program and therefore not part of the federally approved State UST Program:
Statutory Broader in Scope Provisions i. S.C. Code Ann. section 44240, insofar as it provides for the creation of a SUPERB Account and SUPERB
Financial Responsibility Fund collectively, State funds, and establishes criteria for accessing the funds.
ii. S.C. Code Ann. section 44260, insofar as it requires registration, beyond the Federal notification requirements, and the payment of registration fees for underground storage tanks.
iii. S.C. Code Ann. section 44275, insofar as it provides for a means of establishing insurance pools to demonstrate financial responsibility.

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iv. S.C. Code Ann. section 44290, insofar as it refers to interest collected on State funds and the sunset date of the environmental impact fee.
v. S.C. Code Ann. section 442110, insofar as it establishes criteria for qualified expenditure of funds from the SUPERB Account.
vi. S.C. Code Ann. section 442115, insofar as it regulates eligibility for the SUPERB Account.
vii. S.C. Code Ann. section 442120, insofar as it establishes requirements for site rehabilitation contractors.
viii. S.C. Code Ann. section 442130, insofar as it establishes criteria for compensation from the SUPERB
Account.
ix. S.C. Code Ann. section 442150, insofar as it establishes provisions for the creation and operations of a SUPERB Advisory Committee.
Regulatory Broader in Scope Provisions i. S.C. Code Ann. Regs. 6192, section 280.10d, insofar as it requires UST
systems to be permitted or registered with DHEC.
ii. S.C. Code Ann. Regs. 6192, section 280.20, as to the text obtain permits in accordance with section 280.23 and in the introductory paragraph, and the text on the Permit to Operate application form in accordance with section 280.23 in f, insofar as they require UST systems to be permitted by DHEC.
iii. S.C. Code Ann. Regs. 6192, sections 280.22h and i, insofar as they require UST systems to be registered with DHEC.
iv. S.C. Code Ann. Regs. 6192, section 280.23, insofar as it requires UST systems to be permitted by DHEC.
v. S.C. Code Ann. Regs. 6192, sections 280.101b through e, insofar as they establish regulations for the administration of the State funds.
vi. S.C. Code Ann. Regs. 6192, section 280.300, insofar as it gives DHEC broad authority to grant variances that may be beyond the scope of that allowed by the Memorandum of Agreement between DHEC and EPA.
I. How does this action affect Indian country 18 U.S.C. 1151 in South Carolina?
The EPAs approval of South Carolinas UST Program does not extend to Indian country as defined in 18
U.S.C. 1151, which includes the Catawba Indian Nation. The EPA will retain responsibilities under RCRA for underground storage tanks in Indian country. Therefore, this action has no effect in Indian country. See 40 CFR
281.12a2.

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