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61 FR 1216-1220 January 18, 1996 (Volume 61, Number 12) 40 CFR Part 282 [FRL-5304-2] Underground Storage Tank Program: Approved State Program for New Mexico

[Federal Register: January 18, 1996 (Volume 61, Number 12)]
[Rules and Regulations]               
[Page 1216-1220]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr18ja96-3]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 282
[FRL-5304-2]
Underground Storage Tank Program: Approved State Program for New 
Mexico
AGENCY: Environmental Protection Agency (EPA).
ACTION: Immediate final rule.
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SUMMARY: The Resource Conservation and Recovery Act of 1976, as amended 
(RCRA), authorizes the U.S. Environmental Protection Agency (EPA) to 
grant approval to states to operate their underground storage tank 
programs in lieu of the federal program. 40 CFR part 282 codifies EPA's 
decision to approve state programs and incorporates by reference those 
provisions of the state statutes and regulations that will be subject 
to EPA's inspection and enforcement authorities under sections 9005 and 
9006 of RCRA subtitle I and other applicable statutory and regulatory 
provisions. This rule codifies in part 282 the prior approval of New 
Mexico's underground storage tank program and incorporates by reference 
appropriate provisions of state statutes and regulations.

DATES: This regulation is effective March 18, 1996, unless EPA 
publishes a prior Federal Register notice withdrawing this immediate 
final rule. All comments on the codification of New Mexico's 
underground storage tank program must be received by the close of 
business February 20, 1996. The incorporation by reference of certain 
publications listed in the regulations is approved by the Director of 
the Federal Register, as of March 18, 1996, in accordance with 5 U.S.C. 
552(a).

ADDRESSES: Comments may be mailed to the Docket Clerk, Underground Storage Tank 
Program, 6H-A, U.S. EPA Region 6, 1445 Ross Avenue, 
Dallas, TX 75202-2733. Comments received by EPA may be inspected in the 
public docket, located in the EPA Region 6 Library (12th floor) from 8 
a.m. to 4:30 p.m., Monday through Friday, excluding federal holidays.

FOR FURTHER INFORMATION CONTACT: Gary Fisher, Underground Storage Tank 
Program, 6H-A, U.S. EPA Region 6, 1445 Ross Avenue, Dallas, TX 75202-
2733. Phone: (214) 665-8048.

SUPPLEMENTARY INFORMATION:

Background

    Section 9004 of the Resource Conservation and Recovery Act of 1976, 
as amended, (RCRA), 42 U.S.C. 6991c, allows the U.S. Environmental 
Protection Agency to approve state underground storage tank programs to 
operate in the state in lieu of the federal underground storage tank 
program. EPA published a Federal Register document announcing its 
decision to grant approval to New Mexico on August 21, 1990 (55 FR 
38064). Approval was effective on November 16, 1990.
    EPA codifies its approval of State programs in 40 CFR part 282 and 
incorporates by reference therein the state statutes and regulations 
that will be subject to EPA's inspection and enforcement authorities 
under sections 9005 and 9006 of subtitle I of RCRA, 42 U.S.C. 6991d and 
6991e, and other applicable statutory and regulatory provisions. 
Today's rulemaking codifies EPA's approval of the New Mexico 
underground storage tank program. This codification reflects the state 
program in effect at the time EPA granted New Mexico approval under 
section 9004(a), 42 U.S.C. 6991c(a) for its underground storage tank 
program. Notice and opportunity for comment were provided earlier on 
the Agency's decision to approve the New Mexico program, and EPA is not 
now reopening that decision nor requesting comment on it.
    This effort provides clear notice to the public of the scope of the 
approved program in each state. By codifying the approved New Mexico 
program and by amending the Code of Federal Regulations whenever a new 
or different set of requirements is approved in New Mexico, the status 
of federally approved requirements of the New Mexico program will be 
readily discernible. Only those provisions of the New Mexico 
underground storage tank program for which approval has been granted by 
EPA will be incorporated by reference for enforcement purposes.
    To codify EPA's approval of New Mexico's underground storage tank 
program, EPA has added section 282.81 to title 40 of the CFR. Section 
282.81 incorporates by reference for enforcement purposes the State's 
statutes and regulations. Section 282.81 also references the Attorney 
General's Statement, Demonstration of Adequate Enforcement Procedures, 
the Program Description, and the Memorandum of Agreement, which are 
approved as part of the underground storage tank program under subtitle 
I of RCRA.
    The Agency retains the authority under sections 9005 and 9006 of 
subtitle I of RCRA, 42 U.S.C. 6991d and 6991e, and other applicable 
statutory and regulatory provisions to undertake inspections and 
enforcement actions in approved states. With respect to such an 
enforcement action, the Agency will rely on federal sanctions, federal 
inspection authorities, and federal 

[[Page 1217]]
procedures rather than the state authorized analogs to these 
provisions. Therefore, the approved New Mexico enforcement authorities 
will not be incorporated by reference. Section 282.81 lists those 
approved New Mexico authorities that would fall into this category.
    The public also needs to be aware that some provisions of the 
State's underground storage tank program are not part of the federally 
approved state program. These non-approved provisions are not part of 
the RCRA Subtitle I program because they are "broader in scope" than 
Subtitle I of RCRA. See 40 CFR 281.12(a)(3)(ii). As a result, state 
provisions which are "broader in scope" than the federal program are 
not incorporated by reference for purposes of enforcement in part 282. 
Section 282.81 of the codification simply lists for reference and 
clarity the New Mexico statutory and regulatory provisions which are 
"broader in scope" than the federal program and which are not, 
therefore, part of the approved program being codified today. "Broader 
in scope" provisions cannot be enforced by EPA; the State, however, 
will continue to enforce such provisions.

Certification Under the Regulatory Flexibility Act

    This rule codifies the decision already made (55 FR 38064, August 
21, 1990) to approve the New Mexico underground storage tank program 
and thus has no separate effect. Therefore, this rule does not require 
a regulatory flexibility analysis. Thus, pursuant to section 605(b) of 
the Regulatory Flexibility Act, 5 U.S.C. 605(b), I hereby certify that 
this rule will not have a significant economic impact on a substantial 
number of small entities.

Compliance With Executive Order 12866

    The Office of Management and Budget has exempted this rule from the 
requirements of Section 6 of Executive Order 12866.

Paperwork Reduction Act

    Under the Paperwork Reduction Act, 44 U.S.C. 3501 et seq., Federal 
agencies must consider the paperwork burden imposed by any information 
request contained in a proposed or final rule. This rule will not 
impose any information requirements upon the regulated community.

List of Subjects in 40 CFR Part 282

    Environmental protection, Hazardous substances, Incorporation by 
reference, Intergovernmental relations, State program approval, 
Underground storage tanks, Water pollution control.

    Dated: October 20, 1995.
A. Stanley Meiburg,
Acting Regional Administrator.

    For the reasons set forth in the preamble, 40 CFR Part 282 is 
amended as follows:

PART 282--APPROVED UNDERGROUND STORAGE TANK PROGRAMS

    1. The authority citation for part 282 continues to read as 
follows:

    Authority: 42 U.S.C. 6912, 6991c, 6991d, and 6991e.

Subpart B--Approved State Programs

    2. Subpart B is amended by adding Sec. 282.81 to read as follows:


Sec. 282.81  New Mexico State-Administered Program.

    (a) The State of New Mexico is approved to administer and enforce 
an underground storage tank program in lieu of the federal program 
under Subtitle I of the Resource Conservation and Recovery Act of 1976 
(RCRA), as amended, 42 U.S.C. 6991 et seq. The State's program, as 
administered by the New Mexico Environmental Improvement Board, was 
approved by EPA pursuant to 42 U.S.C. 6991c and part 281 of this 
Chapter. EPA approved the New Mexico program on August 21, 1990 and it 
was effective on November 16, 1990.
    (b) New Mexico has primary responsibility for enforcing its 
underground storage tank program. However, EPA retains the authority to 
exercise its inspection and enforcement authorities under sections 9005 
and 9006 of subtitle I of RCRA, 42 U.S.C. 6991d and 6991e, as well as 
under other statutory and regulatory provisions.
    (c) To retain program approval, New Mexico must revise its approved 
program to adopt new changes to the federal subtitle I program which 
make it more stringent, in accordance with section 9004 of RCRA, 42 
U.S.C. 6991c, and 40 CFR part 281, subpart E. If New Mexico obtains 
approval for the revised requirements pursuant to section 9004 of RCRA, 
42 U.S.C. 6991c, the newly approved statutory and regulatory provisions 
will be added to this subpart and notice of any change will be 
published in the Federal Register.
    (d) New Mexico has final approval for the following elements 
submitted to EPA in New Mexico's program application for final approval 
and approved by EPA on August 21, 1990. Copies may be obtained from the 
Underground Storage Tank Program, New Mexico Environmental Improvement 
Board, 1190 St. Francis Drive, Santa Fe, NM 87503.
    (1) State statutes and regulations. (i) The provisions cited in 
this paragraph are incorporated by reference as part of the underground 
storage tank program under subtitle I of RCRA, 42 U.S.C. 6991 et seq.
    (A) New Mexico Statutory Requirements Applicable to the Underground 
Storage Tank Program, 1995.
    (B) New Mexico Regulatory Requirements Applicable to the 
Underground Storage Tank Program, 1995.
    (ii) The following statutes and regulations are part of the 
approved state program, although not incorporated by reference herein 
for enforcement purposes.
    (A) The statutory provisions include:

(1) New Mexico Statutes 1978 Annotated, Chapter 74, Environmental 
Improvement.
    (i) Article 4: Hazardous Wastes.
    74-4-4.2  Permits; Issuance; Denial; Modification; Suspension; 
Revocation
    74-4-4.3  Entry; Availability of Records
    74-4-10  Enforcement; Compliance Orders; Civil Penalties
    74-4-11  Penalty; Criminal
    74-4-12  Penalty; Civil
    74-4-13  Imminent Hazards; Authority of Director; Penalties
    74-4-14  Administrative Actions; Judicial Review
    (ii) Article 6: Water Quality.
    74-6-7  Administrative Action; Judicial Review
    74-6-10  Penalties Enforcement; Compliance Orders; Penalties; 
Assurance of Discontinuance
    74-6-10.1  Civil Penalties
    74-6-10.2  Criminal Penalties
    74-6-11  Emergency; Powers of Delegated Constituent Agencies; 
Penalties
    (iii) Article 6B: Ground Water Protection.
    74-6B-5  Department's Right of Entry and Inspection

    (B) The regulatory provisions include:

(1) State of New Mexico Environmental Improvement Board Underground 
Storage Tank Regulations.
    (i) Part X: Administrative Review.
    Sec. 1000  Informal Review
    Sec. 1001  Review By the Director on Written Memoranda
    Sec. 1002  Public Participation
(2) New Mexico Rules Governing Appeals From Compliance Orders Under the 
Hazardous Waste Act and the Solid Waste Act. 

[[Page 1218]]

    (i) Part I: General Provisions.
    Sec. 101  Authority
    Sec. 102  Scope of Rules; Applicability of Rules of Civil Procedure
    Sec. 103  Definitions
    Sec. 104  Use of Number and Gender
    Sec. 105  Powers and Duties of the Director, Hearing Officer, and 
Hearing Clerk
    Sec. 106  Computation and Extension of Time
    Sec. 107  Ex Parte Discussions
    Sec. 108  Examination of Documents Filed
    Sec. 109  Settlement; Consent Agreement
    (ii) Part II: Document Requirements.
    Sec. 201  Filing, Service, and Form of Documents
    Sec. 202  Filing and Service of Documents Issued by Hearing Officer
    Sec. 203  Compliance Order
    Sec. 204  Request for Hearing; Answer to Compliance Order
    Sec. 205  Notice of Docketing; Notice of Hearing Officer Assignment
    Sec. 206  Motions
    (iii) Part III: Prehearing Procedures and Discovery.
    Sec. 301  General Rules Regarding Discovery
    Sec. 302  Identity of Witnesses
    Sec. 303  Production of Documents
    Sec. 304  Request for Admissions
    Sec. 305  Subpoenas
    Sec. 306  Other Discovery
    (iv) Part IV: Hearing Procedures.
    Sec. 401  Scheduling the Hearing
    Sec. 402  Evidence
    Sec. 403  Objections and Offers of Proof
    Sec. 404  Burden of Presentation; Burden of Persuasion
    (v) Part V: Post-Hearing Procedures.
    Sec. 501  Filing the Transcript
    Sec. 502  Proposed Findings, Conclusions and Orders
    Sec. 503  Recommended Decision
    Sec. 504  Final Order by Director
    Sec. 505  Judicial Review
    (vi) Part VI: Miscellaneous Provisions.
    Sec. 601  Liberal Construction
    Sec. 602  Severability
    Sec. 603  Supersession of Prior Rules
    Sec. 604  Savings Clause

    (iii) 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 for enforcement 
purposes.

(A) New Mexico Statutes 1978 Annotated, Chapter 74, Environmental 
Improvement.
    (1) 74-4-4.4  Underground Storage Tanks; Registration; Installer 
Certification; Fees [Insofar as it applies to individuals other than 
UST owners and operators.]
(B) State of New Mexico Environmental Improvement Board Underground 
Storage Tank Regulations.
    (1) Part I: General Provisions.
    Sec. 103  Applicability [Insofar as it does not exclude UST systems 
with de minimis concentrations of regulated substances; emergency spill 
or overflow containment UST systems expeditiously emptied after use; 
UST systems that are part of emergency generator systems at nuclear 
power generation facilities; airport hydrant fuel distribution systems; 
and UST systems with field-constructed tanks; and does not defer 
emergency power generator UST systems.]
    (2) Part XIV: Certification of Tank Installers [Insofar as it 
applies to individuals other than UST owners and operators.]
    Sec. 1400  Purpose
    Sec. 1401  Legal Authority
    Sec. 1402  Definitions
    Sec. 1403  Applicability
    Sec. 1404  General Requirements
    Sec. 1405  Contractor Certification
    Sec. 1406  Individual Certification
    Sec. 1407  Experience Requirements
    Sec. 1408  Written Examination
    Sec. 1409  On-Site Examination
    Sec. 1410  Approval of Comparable Certification Programs
    Sec. 1411  Denial of Certificates
    Sec. 1412  Renewal of Certificates
    Sec. 1413  Installer Duties and Obligations
    Sec. 1414  Division Approval of Training and Continuing Education
    Sec. 1415  Complaints
    Sec. 1416  Investigations, Enforcement, Penalties
    Sec. 1417  Division Actions Against Certificates

    (2) Statement of legal authority. (i) "Attorney General's 
Statement for Final Approval", signed by the Attorney General of New 
Mexico on June 25, 1990, 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.
    (ii) Letter from the Attorney General of New Mexico to EPA, June 
25, 1990, 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 Procedures for Adequate Enforcement" submitted as 
part of the original application on September 25, 1989, 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 original application on September 25, 
1990, 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 6 and the New Mexico Environmental Improvement Board, signed 
by the EPA Regional Administrator on September 13, 1990, 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. Appendix A to Part 282 is amended by adding in alphabetical 
order "New Mexico" and its listing.

Appendix A to Part 282--State Requirements Incorporated by 
Reference in Part 282 of the Code of Federal Regulations

* * * * *

New Mexico

    (a) The statutory provisions include:

1. New Mexico Statutes 1978 Annotated, Chapter 74, Environmental 
Improvement (1993 Replacement Pamphlet and 1994 Supplement)
    a. Article 4: Hazardous Wastes
    74-4-1  Short Title
    74-4-2  Purpose
    74-4-3  Definitions
    74-4-3.1  Application of Act
    74-4-3.3  Hazardous Wastes of Other States
    74-4-4  Duties and Powers of the Board
    74-4-4.1  Hazardous Agricultural Waste; Duties and 
Responsibilities of the Department of Agriculture
    74-4-4.4  Underground Storage Tanks; Registration; Installer 
Certification; Fees [Except insofar as it applies to individuals 
other than UST owners and operators.]
    74-4-4.5  Hazardous Waste Fund Created; Appropriation
    74-4-4.7  Permit Applicant Disclosure
    74-4-4.8  Underground Storage Tank Fund Created; Appropriation
    74-4-5  Adoption of Regulations; Notice and Hearing
    74-4-7  Containment and Cleanup of Hazardous Substance 
Incidents; Division Powers
    74-4-8  Emergency Fund
    74-4-9  Existing Hazardous Waste Facilities; Interim Status
    74-4-10.1  Hazardous Waste Monitoring; Analysis and Testing
     b. Article 6: Water Quality 
    
[[Page 1219]]

    74-6-1  Short Title
    74-6-2  Definitions
    74-6-3  Water Quality Control Commission Created
    74-6-3.1  Legal Advice
    74-6-4  Duties and Powers of Commission
    74-6-5  Permits; Certification; Appeals to Commission
    74-6-5.1  Disclosure Statements
    74-6-5.2  Water Quality Management Fund Created
    74-6-6  Adoption of Regulations and Standards; Notice and 
Hearing
    74-6-8  Duties of Constituent Agencies
    74-6-9  Powers of Constituent Agencies
    74-6-12  Limitations
    74-6-13  Construction
    74-6-14  Recompiled
    74-6-15  Confidential Information; Penalties
    74-6-16  Effect and Enforcement of Water Quality Act During 
Transition
    74-6-17  Termination of Agency Life; Delayed Repeal
    c. Article 6B: Ground Water Protection
    74-6B-1  Short Title
    74-6B-2  Findings; Purpose of Act
    74-6B-3  Definitions
    74-6B-4  Underground Storage Tank Committee; Creation; Terms; 
Powers and Duties
    74-6B-6  Civil Liability for Damage to Property from Leaking 
Underground Storage Tank
    74-6B-7  Corrective Action Fund Created; Authorization for 
Expenditures
    74-6B-8  Liability; Cost Recovery
    74-6B-9  Underground Storage Tank Fee; Deposit in Underground 
Storage Tank Fund
    74-6B-10  Act Does not Create Insurance Company or Fund
    74-6B-12  Early Response Team Created
    74-6B-13  Payment Program
    74-6B-14  State Liability; Insufficient Balance in the Fund

    (b) The regulatory provisions include:

1. State of New Mexico Environmental Improvement Board Underground 
Storage Tank Regulations
    a. Part I: General Provisions
    Sec. 100  Purpose
    Sec. 101  Legal Authority
    Sec. 102  Definitions
    Sec. 103  Applicability
    b. Part II: Registration of Tanks
    Sec. 200  Existing Tanks
    Sec. 201  Transfer of Ownership
    Sec. 202  New UST System
    Sec. 203  Substantially Modified UST Systems
    Sec. 204  Notification of Spill or Release
    Sec. 205  Emergency Repairs and Tank Replacement
    Sec. 206  Application Forms
    Sec. 207  Registration Certificate
    c. Part III: Annual Fee
    Sec. 300  Payment of Fee
    Sec. 301  Amount of Fee
    Sec. 302  Late Payment Penalties
    d. Part IV: New and Upgraded UST Systems: Design, Construction, 
and Installation
    Sec. 400  Performance Standards for New UST Systems
    Sec. 401  Upgrading of Existing UST Systems
    Sec. 402  Certificate of Compliance; Notification Requirements
    e. Part V: General Operating Requirements
    Sec. 500  Spill and Overfill Control
    Sec. 501  Operation and Maintenance of Corrosion Protection
    Sec. 502  Compatibility
    Sec. 503  Repairs Allowed
    Sec. 504  Reporting and Recordkeeping
    Sec. 505  Inspections, Monitoring and Testing
    f. Part VI: Release Detection
    Sec. 600  General Requirements for All UST Systems
    Sec. 601  Requirements for Petroleum UST Systems
    Sec. 602  Requirements for Hazardous Substance UST Systems
    Sec. 603  Methods of Release Detection for Tanks
    Sec. 604  Methods of Release Detection for Piping
    Sec. 605  Release Detection Recordkeeping
    g. Part VII: Release Reporting, Investigation, and Confirmation
    Sec. 700  Reporting of Suspected Releases
    Sec. 701  Investigation Due to Off-Site Impacts
    Sec. 702  Release Investigation and Confirmation Steps
    Sec. 703  Reporting and Cleanup of Spills and Overfills
    h. Part VIII: Out-of-Service Systems and Closure
    Sec. 800  Temporary Closure
    Sec. 801  Permanent Closure and Changes-in-Service
    Sec. 802  Assessing the Site at Closure or Change-in-Service
    Sec. 803  Applicability to Previously Closed UST Systems
    Sec. 804  Closure Records
    i. Part IX: Financial Responsibility
    Sec. 900  Applicability
    Sec. 901  Compliance Dates
    Sec. 902  Definition of Terms
    Sec. 903  Amount and Scope of Required Financial Responsibility
    Sec. 904  Allowable Mechanisms and Combinations of Mechanisms
    Sec. 905  Financial Test of Self-Insurance
    Sec. 906  Guarantee
    Sec. 907  Insurance and Risk Retention Group Coverage
    Sec. 908  Surety Bond
    Sec. 909  Letter of Credit
    Sec. 910  Use of State-Required Mechanism
    Sec. 911  State Fund or Other State Assurance
    Sec. 912  Trust Fund
    Sec. 913  Standby Trust Fund
    Sec. 914  Substitution of Financial Assurance Mechanisms by 
Owner or Operator
    Sec. 915  Cancellation or Nonrenewal by a Provider of Financial 
Assurance
    Sec. 916  Reporting by Owner or Operator
    Sec. 917  Recordkeeping
    Sec. 918  Drawing on Financial Assurance Mechanisms
    Sec. 919  Release from the Requirements
    Sec. 920  Bankruptcy or Other Incapacity of Owner or Operator or 
Provider of Financial Assurance
    Sec. 921  Replenishment of Guarantees, Letters of Credit, or 
Surety Bonds
    Sec. 922  Suspension of Enforcement [reserved]
    j. Part XI: Miscellaneous
    Sec. 1100  Compliance with Other Regulations
    Sec. 1101  Construction
    Sec. 1102  Severability
    k. Part XII: Corrective Action for UST Systems Containing 
Petroleum
    Sec. 1200  General
    Sec. 1201  Definitions
    Sec. 1202  Initial Response
    Sec. 1203  Initial Abatement
    Sec. 1204  72 Hour and 7 Day Reporting Requirements
    Sec. 1205  On-Site Investigation
    Sec. 1206  Report on the On-Site Investigation
    Sec. 1207  Split Samples and Sampling Procedures
    Sec. 1208  Free Product Removal
    Sec. 1209  Treatment of Highly Contaminated Soils
    Sec. 1210  Hydrogeologic Investigation
    Sec. 1211  Review and Approval of Hydrogeologic Investigation
    Sec. 1212  Reclamation Proposal
    Sec. 1213  Public Notice of Reclamation Proposal
    Sec. 1214  Review and Approval of Reclamation Proposal
    Sec. 1215  Implementation of Reclamation Proposal
    Sec. 1216  Quarterly Reports
    Sec. 1217  Evaluation of Corrective Action System
    Sec. 1218  Modification of Reclamation Proposal
    Sec. 1219  Termination of Reclamation
    Sec. 1220  Technical Infeasibility for Completion of Reclamation
    Sec. 1221  Request for Extension of Time
    Sec. 1222  Request for Variance
    l. Part XIII: Corrective Action for UST Systems Containing Other 
Regulated Substances
    Sec. 1300  General
    Sec. 1301  Definitions
    Sec. 1302  Initial Response
    Sec. 1303  Initial Abatement
    Sec. 1304  72 Hour and 7 Day Reporting Requirements
    Sec. 1305  On-Site Investigation
    Sec. 1306  Report on the On-Site Investigation
    Sec. 1307  Split Samples and Sampling Procedures
    Sec. 1308  Hydrogeologic Investigation
    Sec. 1309  Review and Approval of Hydrogeologic Investigation
    Sec. 1310  Reclamation Proposal
    Sec. 1311  Public Notice of Reclamation Proposal
    Sec. 1312  Review and Approval of Reclamation Proposal
    Sec. 1313  Implementation of Reclamation Proposal
    Sec. 1314  Quarterly Reports
    Sec. 1315  Evaluation of Corrective Action System
    Sec. 1316  Modification of Reclamation Proposal
    Sec. 1317  Termination of Reclamation
    Sec. 1318  Additional Water Quality Standards
    Sec. 1319  Request for Extension of Time 
    
[[Page 1220]]

    Sec. 1320  Request for Variance
    m. Part XV: Ground Water Protection Act Regulations
    Sec. 1500  Purpose
    Sec. 1501  Legal Authority
    Sec. 1502  Definitions
    Sec. 1503  Construction
    Sec. 1504  Permissible Fund Expenditures
    Sec. 1505  Priorities for Fund Expenditures
    Sec. 1506  Site-Specific Allocation of Fund Monies
    Sec. 1507  Reserved and Dedicated Fund Monies
    Sec. 1508  Minimum Site Assessment
2. Corrective Action Fund Payment and Reimbursement Regulations
    a. Part I: General Provisions
    Sec. 101  Authority
    Sec. 102  Purpose
    Sec. 103  Applicability
    Sec. 104  Definitions
    b. Part II: Compliance Determinations
    Sec. 201  General
    Sec. 202  Determination of Compliance under Section 74-6B-8
    Sec. 203  Compliance Determination Following Written Submission
    c. Part III: Eligible and Ineligible Costs
    Sec. 301  Minimum Site Assessment
    Sec. 302  Corrective Action
    d. Part IV: Application, Payment, and Reimbursement
    Sec. 401  Application, Payment, and Reimbursement Process
    e. Part V: Administrative Review
    Sec. 501  Review by the Director on Written Submittal
    Sec. 502  Request for Hearing on Determinations of Compliance 
and Cost Eligibility
    Sec. 503  Notice of Docketing and Hearing Officer Assignment; 
Motions; Prehearing Procedures and Discovery; Hearing and Post-
Hearing Procedures
    f. Part VI: Miscellaneous Provisions
    Sec. 601  Liberal Construction
    Sec. 602  Severability
    Sec. 603  Compliance
[FR Doc. 96-521 Filed 1-17-96; 8:45 am]
BILLING CODE 6560-50-P

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