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Federal Register / Vol. 86, No. 55 / Wednesday, March 24, 2021 / Rules and Regulations enforcement response and delivery prohibition requirements.
2 Section 280.67, Public Participation. Insofar as it identifies specific authorities for enabling public participation in the corrective action process.
3 Section 280.301, Violations and Penalties. Insofar as it provides for notice to violators, assessment of penalties, criminal prosecution, and appeals under the SUPERB Act.
4 Section 280.302, Appeals. Insofar as it provides for appeal of any determination by DHEC under the provisions of S.C. Code Ann. Regs. 61
72, Procedures for Contested Cases, and the State Administrative Procedures Act.
C SUPERB Site Rehabilitation and Fund Access Regulations, R.6198.
Insofar as it contains requirements for site rehabilitation for releases from underground storage tanks, access to the SUPERB Account, and certification of site rehabilitation contractors.
D South Carolina Rules of Civil Procedure, Rule 24a2, Intervention.
Insofar as it provides for public participation in the State enforcement process.
iii Other provisions not incorporated by reference. The following statutory and regulatory provisions applicable to the South Carolina UST Program are broader in scope than the Federal program or external to the state UST
program approval requirements.
Therefore, these provisions are not part of the approved UST Program and are not incorporated by reference herein:
A State Underground Petroleum Environmental Response Bank Act SUPERB of 1988, S.C. Code Ann.
sections 44210 to 442150 2010.
1 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.
2 Section 44250B, is external insofar as it contains obligations on the State agency, not a regulated entity.
3 Section 44260, insofar as it requires registration, beyond the Federal notification requirements, and the payment of registration fees for underground storage tanks.
4 Section 44275, insofar as it provides for a means of establishing insurance pools to demonstrate financial responsibility.
5 Section 44290, insofar as it refers to interest collected on State funds and the sunset date of the environmental impact fee.
6 Section 442110, insofar as it establishes criteria for qualified
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expenditure of funds from the SUPERB
Account.
7 Section 442115, insofar as it regulates eligibility for the SUPERB
Account.
8 Section 442120, insofar as it establishes requirements for site rehabilitation contractors.
9 Section 442130, insofar as it establishes criteria for compensation from the SUPERB Account.
10 Section 442150, insofar as it establishes provisions for the creation and operations of a SUPERB Advisory Committee.
B South Carolina Underground Storage Tank Control Regulations, R.61
92 2017. 1 Section 280.10d, insofar as it requires UST systems to be permitted or registered with DHEC.
2 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.
3 Sections 280.22h and i, insofar as they require UST systems to be registered with DHEC.
4 Section 280.23, insofar as it requires UST systems to be permitted by DHEC.
5 Sections 280.101b through e, insofar as they establish regulations for the administration of the State funds.
6 Section 280.240b, is external insofar as it contains obligations on the State agency, not a regulated entity.
7 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.
2 Statement of legal authority. The Attorney Generals Statement and Statement of Independent Legal Counsel, signed by DHECs General Counsel in lieu of the Attorney General on March 27, 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.
3 Demonstration of procedures for adequate enforcement. The Demonstration of Adequate Enforcement Procedures submitted on April 16, 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 on April 16, 2019, though not incorporated by reference, are referenced as part of the approved
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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 DHEC, signed by the EPA Regional Administrator on October 12, 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. Amend appendix A to part 282 by revising the entry for South Carolina to read as follows:
Appendix A to Part 282State Requirements Incorporated by Reference in Part 282 of the Code of Federal Regulations

South Carolina A The statutory provisions include:
State Underground Petroleum Environmental Response Bank Act SUPERB
of 1988, S.C. Code Ann. sections 44210 to 442150 2010:
44210 Short Title.
44220 Definitions.
44270 Financial responsibility of underground storage tank owners and operators; except the first sentence of B.
44280 Release of regulated substance;
containment, removal, and abatement.
B The regulatory provisions include:
South Carolina Underground Storage Tank Control Regulations, R.6192 2017:
280.10 Applicability, except d.
280.11 Installation requirements for partially excluded UST systems.
280.12 Definitions.
280.20 Performance standards for new UST systems, except for 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.
280.21 Upgrading of Existing UST
systems.
280.22 Notification requirements, except h and i.
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.
280.35 Periodic testing of spill prevention equipment and containment sumps used for interstitial monitoring of piping and periodic inspection of overfill prevention equipment.
280.36 Periodic operation and maintenance walkthrough inspections.
280.40 General requirements for all UST
systems.
280.41 Requirements for petroleum UST
systems.
280.42 Requirements for hazardous substance UST systems.

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