Federal Register - September 9, 2021
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Source: Federal Register
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Federal Register / Vol. 86, No. 172 / Thursday, September 9, 2021 / Rules and Regulations
9 Section 68215108, insofar as it provides for the protection of proprietary information and sharing of information in the files obtained or used in the administration of the Petroleum UST Program with the EPA.
10 Section 68215114, insofar as it provides for the issuance and enforcement of correction orders; and establishes liability costs for responsible parties.
11 Section 68215116, insofar as it provides for an assessment of penalties under the UST Act.
12 Section 68215117, insofar as it provides for immunity from liability under the UST Act in certain circumstances.
13 Section 68215118, insofar as it identifies authorities for enforcement response, specifically authority over governmental entities, under the UST
Act.
14 Section 68215119, insofar as it identifies authorities for enforcement response and provides for review of orders and appeal of any determination by the Tennessee Department of Environment and Conservation TDEC
under the UST Act.
15 Section 68215120, insofar as it provides for criminal prosecution under the UST Act.
16 Section 68215121, insofar as it identifies authorities for enforcement response and public participation, provides for assessment of civil penalties and damages, and establishes third-party intervention under the UST
Act.
17 Section 68215122, insofar as it identifies authorities for enforcement response and provides for injunctions as a legal remedy under the UST Act.
18 Section 68215123, insofar as it identifies specific authorities for compliance monitoring and public participation and provides for any person to submit a complaint against any person for violating the UST Act.
19 Section 68215126, insofar as it establishes authority in relation to local laws or regulations.
20 Section 68215127, insofar as it establishes authority over releases of petroleum from underground storage tanks and creates the soil and groundwater classification and cleanup criteria.
B Tennessees Underground Storage Tank Regulations, Tenn. Comp. R. &
Regs. 04001801.01 to .17 2018. 1
04001801.015e, insofar as it provides for the States sharing of information with the EPA.
2 04001801.032, insofar as it identifies specific authorities for compliance monitoring and provides for reporting and maintenance of records.
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3 04001801.0611, insofar as it provides for public participation in the corrective action process.
4 04001801.0820 and 21, insofar as these provisions provide procedures governing the forfeiture of financial assurance and release of financial assurance mechanism documents.
5 04001801.0917, insofar as it provides for assessment of civil penalties for failure to comply with orders issued under the UST Act.
6 04001801.11, insofar as it provides for appeal of any determination by TDEC under the provisions of Tennessees Underground Storage Tank Regulations, procedures for contested cases, and the State Administrative Procedures Act.
7 04001801.15, insofar as it identifies specific authorities for enforcement response and delivery prohibition requirements.
C Tennessees Uniform Administrative Procedures Act, Part 3
Contested Cases, Tenn. Code Ann.
sections 45301 to 45325 2018. 1
Section 45308a through c, insofar as these provisions identify authorities for public participation and provide for the filing of pleadings, briefs, motions, and other documents.
2 Section 45310, insofar as it identifies authorities for public participation and provides for intervention in contested case proceedings.
3 Section 45313, insofar as it identifies authorities for enforcement response and provides procedures for contested cases.
iii Other provisions not incorporated by reference. The following statutory and regulatory provisions applicable to the Tennessee Petroleum 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 Petroleum UST Program and are not incorporated by reference in this section:
A Tennessee Petroleum Underground Storage Tank Act the UST Act of 1988, Tenn. Code Ann.
sections 68215101 to 68215204
2018. 1 Section 68215102 is external insofar as it contains the States public policy for regulating underground storage tanks.
2 Section 6821510317Aiii and iv, as to the definition of Responsible party, insofar as these provisions include entities other than owners and operators, as these terms are defined in 40 CFR 280.12.
3 Section 682151043, insofar as it refers to the payment of fees
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associated with the Petroleum UST
Program.
4 Section 682151044, insofar as it refers to reimbursement from Tennessees Petroleum Underground Storage Tank Fund State Fund.
5 Section 68215106a6, insofar as it places notification requirements on persons other than owners and operators, as these terms are defined in 40 CFR 280.12.
6 Section 68215106b1 and 2
are external insofar as these provisions contain obligations on the State agency, not a regulated entity.
7 Section 68215109, insofar as it establishes annual tank fees and provides for promulgation of regulations regarding these fees.
8 Section 68215110b through h, insofar as these provisions provide for the creation of the State Fund and environmental assurance fee.
9 Section 68215111, insofar as it provides criteria for the qualified expenditure of funds, requirements for fund eligibility, and promulgation of regulations regarding the State Fund.
10 Section 68215115, insofar as it provides the procedures for the State to recover its costs for investigation, identification, containment, or cleanup of a particular site.
11 Section 68215125, insofar as it prohibits the State Fund from being considered an insurance company or a member of the Tennessee Insurance Guaranty Association.
12 Section 68215129, insofar as it provides criteria for cleanup contracts and reimbursement from the State Fund.
B Tennessees Underground Storage Tank Regulations, Tenn. Comp. R. &
Regs. 04001801.01 to .17 2018. 1
04001801.0141.iii and iv, as to the definition for Responsible party, insofar as these provisions include entities other than owners and operators, as these terms are defined in 40 CFR 280.12.
2 04001801.015a through d are external insofar as these provisions contain obligations on the State agency with respect to proprietary information, not a regulated entity.
3 04001801.021a2., insofar as it requires owners to submit annual tank fees as part of the notification requirement.
4 04001801.024c6.iiIIIV., insofar as it refers to tank fees and late penalties.
5 04001801.041e, insofar as it requires inspection of dispensers.
6 04001801.051b and c, insofar as these provisions contain requirements for coverage and reimbursement from the State Fund.
7 04001801.062b1., as to the text The fund shall not reimburse the
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