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63 FR 4591-4595 January 30, 1998 (Volume 63, Number 20) 40 CFR Part 282 [FRL 5938-6] Underground Storage Tank Program: Approved State Program for the Commonwealth of Puerto Rico

[Federal Register: January 30, 1998 (Volume 63, Number 20)]
[Rules and Regulations]               
[Page 4591-4595]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr30ja98-17]

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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 282

[FRL 5938-6]

 
Underground Storage Tank Program: Approved State Program for the 
Commonwealth of Puerto Rico

AGENCY: Environmental Protection Agency (EPA).

ACTION: Immediate final rule.

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SUMMARY: The Resource Conservation and Recovery Act of 1976 (RCRA), as 
amended, authorizes the United States Environmental Protection Agency 
(EPA) to grant approval to any State to operate its underground storage 
tank program in the State 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 
approval of the Commonwealth of Puerto Rico's underground storage tank 
program and incorporates by reference appropriate provisions of the 
Commonwealth's statutes and regulations.

DATES: This regulation is effective March 31, 1998, unless EPA 
publishes a prior Federal Register document withdrawing this immediate 
final rule. All comments on the codification of the Commonwealth of 
Puerto Rico's underground storage tank program must be received by the 
close of business March 2, 1998. The incorporation by reference of 
certain publications listed in the regulations is approved by the 
Director of the Federal Register, as of March 31, 1998, in accordance 
with 5 U.S.C. 552(a).

ADDRESSES: Comments may be mailed to the Mr. John Kushwara, Chief, 
Ground Water Compliance Section (DECA-WCB), U.S. EPA Region II, 290 
Broadway, 20th Floor, New York, NY 10007-1866 or Mr. Victor Trinidad, 
Caribbean Environmental Protection Division, Centro Europa Building, 
Suite 417, 1492 Ponce De Leon, Stop 22, Santurce, Puerto Rico 00907-
4127. Comments received by EPA may be inspected in the public docket, 
located in the EPA Region II Library, 290 Broadway, 16th Floor, New 
York , New York 10007-1866, from 9 a.m. to 4:30 p.m., Monday through 
Thursday and from 9 a.m. to 1:30 p.m. on Friday, excluding Federal 
holidays, Phone: (212) 637-3185 or EPA Region II, Caribbean 
Environmental Protection Division, Centro Europa Building, 1492 Ponce 
De Leon Avenue, Suite 417, Santurce, Puerto Rico 00907-4127, Phone: 
(787) 729-6951.

FOR FURTHER INFORMATION CONTACT: Madho Ramnarine Singh, U.S. EPA Region 
II, Water Compliance Branch (DECA-EWCB), 290 Broadway, New York, NY 
10007-1866. Phone: (212) 637-4237 or Mr. Victor Trinidad, Caribbean 
Environmental Protection Division, Centro Europa Building, Suite 417, 
1492 Ponce De Leon Avenue, Stop 22, Santurce, Puerto Rico 00907-4127, 
Phone: (787) 729-6951.

SUPPLEMENTARY INFORMATION:

Background

    Section 9004 of the Resource Conservation and Recovery Act of 1976 
(RCRA), as amended, 42 U.S.C. 6991c, authorizes the United States 
Environmental Protection Agency (EPA) to grant approval to any State, 
which term includes the Commonwealth of Puerto Rico pursuant to Section 
1004(31) of RCRA, 42 U.S.C. 6903(31), to operate its underground 
storage tank program in the State in lieu of the federal underground 
storage tank program. EPA is publishing a Federal Register document 
announcing its decision to grant approval to Commonwealth of Puerto 
Rico concurrently with this document. Approval will be effective on 
March 31, 1998.
    EPA codifies its approval of State programs in 40 CFR part 282 and 
incorporates by reference therein 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 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 Commonwealth of Puerto Rico's underground storage tank program. 
This codification reflects the State program in effect at the time EPA 
grants the Commonwealth's 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 EPA's tentative 
determination to approve the Commonwealth of Puerto Rico 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 the Commonwealth of Puerto Rico. Codifying and 
incorporating by reference the Commonwealth's statutes and regulations 
does not restrict in any way federal authority to promulgate new laws 
or regulations relating to subtitle I of RCRA or to act otherwise 
pursuant to federal authority. By codifying the approved Commonwealth 
of Puerto Rico program and by amending the Code of Federal Regulations 
whenever a new or different set of requirements is approved in Puerto 
Rico, the status of federally approved requirements of the Commonwealth 
of Puerto Rico program will be readily discernible. Only those 
provisions of the Commonwealth's underground storage tank program for 
which approval has been granted by EPA may be incorporated by reference 
for enforcement purposes.
    To codify EPA's approval of the Commonwealth of Puerto Rico's 
underground storage tank program, EPA has added section 282.102 to 
Title 40 of the CFR. Section 282.102 incorporates by reference for 
enforcement purposes the Commonwealth's statutes and regulations. 
Section 282.102 also references the Attorney General's

[[Page 4592]]

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. With regard to the statutory references contained in the 
Attorney General's Statement, the Commonwealth of Puerto Rico has 
chosen to cite to Articles in a compilation of the Commonwealth's 
statute in its amended form, rather than to corresponding Sections in 
the codified version of that amended statute.
    EPA retains the authority under sections 9003(h)(1), 9005 and 9006 
of subtitle I of RCRA, 42 U.S.C. 6991b(h)(1), 6991d and 6991e, and 
other applicable statutory and regulatory provisions to undertake 
inspections, enforcement and corrective actions in approved States. 
With respect to such actions, EPA will rely on federal sanctions, 
federal authorities, and federal procedures rather than the State 
authorized analogues to these provisions. Therefore, the approved 
Commonwealth of Puerto Rico enforcement authorities will not be 
incorporated by reference. Section 282.102 lists those approved 
Commonwealth authorities that would fall into this category.
    The public also needs to be aware that some provisions of the 
Commonwealth's underground storage tank program are not part of the 
federally approved State program, because such provisions 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 282.102 of the codification simply 
lists for reference and clarity the Commonwealth of Puerto Rico 
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 Commonwealth of Puerto Rico, however, will 
continue to implement and enforce such provisions.

Certification Under the Regulatory Flexibility Act

    EPA has determined that this codification will not have a 
significant economic impact on a substantial number of small entities. 
Such small entities which own and/or operate USTs are already subject 
to the Commonwealth requirements authorized by EPA under 40 CFR Part 
281. EPA's codification does not impose any additional burdens on these 
small entities. This is because EPA's codification would simply result 
in an administrative change, rather than a change in the substantive 
requirements imposed on small entities.
    Therefore, EPA provides the following certification under the 
Regulatory Flexibility Act, as amended by the Small Business Regulatory 
Enforcement Fairness Act. Pursuant to the provision at 5 U.S.C. 605(b), 
I hereby certify that this codification will not have a significant 
economic impact on a substantial number of small entities. This 
codification incorporates the Commonwealth of Puerto Rico's 
requirements which have been authorized by EPA under 40 CFR Part 281 
into the Code of Federal Regulations. It does not impose any new 
burdens on small entities. This rule, therefore, does not require a 
regulatory flexibility analysis.

Submission to Congress and the General Accounting Office

    Under 5 U.S.C. 801(a)(1)(A) as added by the Small Business 
Regulatory Enforcement Fairness Act of 1996, EPA submitted a report 
containing this rule and other required information to the U.S. Senate, 
the U.S. House of Representatives and the Comptroller General of the 
General Accounting Office prior to publication of this rule in today's 
Federal Register. This rule is not a ``major rule'' as defined by 5 
U.S.C. 804(2).

Unfunded Mandates Reform Act

    Title II of the Unfunded Mandates Reform Act of 1995 (UMRA), P.L. 
104-4, establishes requirements for federal agencies to assess the 
effects of certain regulatory actions on State, local, and tribal 
governments and the private sector. Under sections 202 and 205 of the 
UMRA, EPA generally must prepare a written statement of economic and 
regulatory alternatives analyses for proposed and final rules with 
federal mandates, as defined by the UMRA, that may result in 
expenditures to State, local, and tribal governments, in the aggregate, 
or to the private sector, of $100 million or more in any one year. The 
section 202 and 205 requirements do not apply to today's action because 
it is not a ``federal mandate'' and because it does not impose annual 
costs of $100 million or more.
    Today's rule contains no federal mandates for State, local or 
tribal governments or the private sector for two reasons. First, 
today's action does not impose new or additional enforceable duties on 
any State, local or tribal governments or the private sector because it 
merely makes federally enforceable existing requirements with which 
regulated entities must already comply under Commonwealth law. Second, 
the Act also generally excludes from the definition of a ``federal 
mandate'' duties that arise from participation in a voluntary federal 
program. The requirements being codified today are the result of the 
Commonwealth of Puerto Rico's voluntary participation in accordance 
with RCRA subtitle I.
    Even if today's rule did contain a federal mandate, this rule will 
not result in annual expenditures of $100 million or more for State, 
local, and/or tribal governments in the aggregate, or the private 
sector because today's action merely codifies an existing Commonwealth 
program that EPA is authorizing. Thus, today's rule is not subject to 
the requirements of sections 202 and 205 of the UMRA.
    The requirements of section 203 of UMRA also do not apply to this 
action. Before EPA establishes any regulatory requirements that may 
significantly or uniquely affect small governments, section 203 of UMRA 
requires EPA to develop a small government agency plan. This rule 
contains no regulatory requirements that might significantly or 
uniquely affect small governments. EPA recognizes that although small 
governments may own and/or operate USTs, this codification incorporates 
into the Code of Federal Regulations the Commonwealth of Puerto Rico's 
requirements which are being authorized concurrently by EPA under 40 
CFR part 281 and, thus, small governments are not subject to any 
additional significant or unique requirements by virtue of this 
codification.

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

[[Page 4593]]

program approval, Underground storage tanks, Water pollution control.

    Dated: December 10, 1997.
Jeanne M. Fox,
Regional Administrator, Region 2.

    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, 6991b(h)(1), 6991c, 6991d, and 6991e.

Subpart B--Approved State Programs

    2. Subpart B is amended by adding Sec. 282.102 to read as follows:


Sec. 282.102  Puerto Rico State-Administered Program.

    (a) The Commonwealth of Puerto Rico 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 Commonwealth's 
program, as administered by the Commonwealth of Puerto Rico 
Environmental Quality Board, is approved by EPA pursuant to 42 U.S.C. 
6991c and Part 281 of this chapter. EPA is publishing the notice of 
final determination on the approved Commonwealth of Puerto Rico 
underground storage tank program concurrently with this notice and it 
will be effective on March 31, 1998.
    (b) The Commonwealth of Puerto Rico has primary responsibility for 
enforcing its underground storage tank program. However, EPA retains 
the authority to exercise its corrective action, inspection and 
enforcement authorities under sections 9003(h)(1), 9005 and 9006 of 
subtitle I of RCRA, 42 U.S.C. 6991b(h)(1), 6991d and 6991e, as well as 
its authority under other statutory and regulatory provisions.
    (c) To retain program approval, the Commonwealth of Puerto Rico 
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 the Commonwealth 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) The Commonwealth of Puerto Rico has final approval for the 
following elements submitted to EPA in its program application for 
final approval and to be published in the Federal Register concurrently 
with this notice, and to be effective on March 31, 1998. Copies may be 
obtained from the Underground Storage Tank Program, Puerto Rico 
Environmental Quality Board, 431 Ponce De Leon Avenue, Nacional Plaza, 
Suite 614, Hato Rey, PR 00917, Phone: (787) 767-8109.
    (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) Puerto Rico Statutory Requirements Applicable to the 
Underground Storage Tank Program, 1997.
    (B) Puerto Rico Regulatory Requirements Applicable to the 
Underground Storage Tank Program, 1997.
    (ii) The following specifically identified sections and rules in 
the Commonwealth of Puerto Rico's statutes, regulations and rules are 
part of the approved Commonwealth program, although not incorporated by 
reference herein for enforcement purposes.
    (A) The statutory provisions include:
    (1) Public Policy Environmental Act of 1970, Act Number 9, June 18, 
1970, as amended, 12 Laws of Puerto Rico Annotated (L.P.R.A.) Sec. 1121 
et seq.

(i) Section 1131 Functions and duties [Insofar as paragraphs (10), 
(12), (13), (19), (22), (23), (25), (26), (29), and (30) set forth 
enforcement authorities.]
(ii) Section 1134 Hearings, orders and judicial proceedings
(iii) Section 1136 Penalty
(iv) Section 1139 Civil actions
(v) Section 1142 Powers [Insofar as (b)(5) sets forth enforcement 
authorities.]

    (2) Puerto Rico Environmental Emergency Fund Act, 12 L.P.R.A. 
Sec. 1269 et seq.
    (B) The regulatory provisions include:
    (1) Underground Storage Tank Control Regulations, Regulation Number 
4362, promulgated by the Commonwealth of Puerto Rico Environmental 
Quality Board on November 7, 1990.
    (2) Part X--General Provisions.

(i) Rule 1005 Right of Entry
(ii) Rule 1007 Notice of Violation and Compliance Order
(iii) Rule 1008 Closure of an Underground Storage Tank
(iv) Rule 1010  Penalties

    (C) Other provisions include:
    (1) Puerto Rico Civil Procedure Rules of 1979, 32 L.P.R.A. Appendix 
III
    (2) Rules of Administrative Procedure for Hearings in Environmental 
Quality Board, Regulation Number 3672, promulgated on October 19, 1988.
    (iii) The following specifically identified sections and rules in 
the Commonwealth of Puerto Rico's statutes, regulations and rules 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) The statutory provisions include:
    (1) Public Policy Environmental Act of 1970, Act Number 9, June 18, 
1970, as amended, 12 Laws of Puerto Rico Annotated (L.P.R.A.) 
Secs. 1121 et seq.

(i) Section 1131--Functions and duties [Insofar as paragraph (13) 
addresses permit and license requirements and associated fees, as well 
as the NPDES and UIC programs; and paragraph (34) relates solely to the 
solid and hazardous waste programs.]
(ii) Section 1132--Transfer of powers
(iii) Section 1135--Character of Board for federal purposes [Insofar as 
it addresses permit requirements.]
(iv) Section 1138--Effectiveness of previous documents [Insofar as it 
addresses permit and licensing requirements.]

    (B) The regulatory provisions include:
    (1) Underground Storage Tank Control Regulations, Regulation Number 
4362, promulgated by the Commonwealth of Puerto Rico Environmental 
Quality Board on November 7, 1990.
    (i) Part VI--Release Response and Corrective Action for UST Systems 
Containing Petroleum or Hazardous Substances: Rule 603--Initial 
Abatement Measures and Site Check [Insofar as 603(A)(5) requires owners 
and operators to obtain permits or franchises for drilling and 
installation of groundwater monitoring and/or extraction wells.]; Rule 
605--Free Product Removal [Insofar as 605(A) and 605(D)(6) require 
owners and operators to obtain permits or franchises for drilling and 
installation of water monitoring and/or extraction wells.].
    (ii) Part XII--Fee Rules [Insofar as fees are broader in scope than 
the federal program.]: Rule 1201--Applicability; Rule 1202--Annual 
Notification Fees; Rule 1203--Fee Relative to Transfer of Ownership; 
Rule 1204--Fees for Duplication of Records; Rule 1205--Fee Payments; 
Rule 1206--Exemptions from Fees; Rule 1207--Fees for Revision of 
Permanent Closure Plans; Rule 1208--Fees for Annual Re-certification of 
UST Facilities.
    (2) Statement of legal authority. The Attorney General Statement, a 
letter

[[Page 4594]]

signed on July 2, 1997, 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 application for approval on January 17, 1996, 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 application on January 17, 1996 and 
supplemented on April 17, 1997, 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 2 and the Puerto Rico Environmental Quality Board, signed by 
an authorized representative of the Environmental Quality Board on 
March 7, 1997 and subsequently by an authorized representative of EPA, 
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 ``Puerto Rico'' and its listing.

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

* * * * *

Puerto Rico

    (a) The statutory provisions include:
    1. Public Policy Environmental Act of 1970, Act Number 9, June 
18, 1970, as amended, 12 Laws of Puerto Rico Annotated (L.P.R.A.) 
Sec. 1121 et seq.

(1) Section 1121--Short title
(2) Section 1122--Purpose
(3) Section 1123--Declaration of policy
(4) Section 1124--Interpretation of legal provisions
(5) Section 1125--Duties of governmental agencies
(6) Section 1126--Savings clause
(7) Section 1127--Complementary character
(8) Section 1128--Annual report of Governor
(9) Section 1129--Creation of Board; composition; term
(10) Section 1130--Duties of Chairman
(11) Section 1130A--Consulting Council
(12) Section 1131--Functions and duties [Except paragraphs (10), 
(12), (19), (22), (23), (25), (26), (29), and (30), insofar as they 
outline enforcement authorities; paragraph (13), insofar as it 
addresses enforcement authorities, permit and license requirements 
and associated fees, as well as the NPDES and UIC programs; and 
paragraph (34), insofar as it relates solely to the solid and 
hazardous waste programs.]
(13) Section 1133--Consultation and use of facilities
(14) Section 1135--Character of Board for federal purposes [Except 
insofar as it addresses permit requirements.]
(15) Section 1135A--Administration of the Puerto Rico Water 
Pollution Control Revolving Fund
(16) Section 1137--Confidential documents
(17) Section 1138--Effectiveness of previous documents [Except 
insofar as it addresses permit and licensing requirements.]
(18) Section 1140--Limitations
(19) Section 1141--Definitions
(20) Section 1142--Powers [Except insofar as (b)(5) sets forth 
enforcement authorities.]

    (b) The regulatory provisions include:
    1. Underground Storage Tank Control Regulations, Regulation 
Number 4362, promulgated by the Commonwealth of Puerto Rico 
Environmental Quality Board on November 7, 1990.
    a. Part I--Program Scope and Interim Prohibition.

(1) Rule 101--Program Scope
(2) Rule 102--Purpose
(3) Rule 103--Applicability
(4) Rule 104--Interim Prohibition for Deferred UST Systems
(5) Rule 105--Definitions and Abbreviations [Except insofar as the 
Puerto Rico definition of ``Underground Storage Tank or UST'' does 
not exclude from regulation heating oil tanks used for storing 
heating oil for consumptive use on the premises where stored.]

    b. Part II--UST Systems: Design, Construction, Installation, and 
Notification.

(1) Rule 201--Performance Standards for New UST Systems
(2) Rule 202--Upgrading of Existing UST Systems
(3) Rule 203--Notification Requirements

    c. Part III--General Operating Requirements.

(1) Rule 301--Spill and Overfill Control
(2) Rule 302--Operation and Maintenance of Corrosion Protection
(3) Rule 303--Compatibility
(4) Rule 304--Repairs Allowed
(5) Rule 305--Reporting and Recordkeeping

    d. Part IV--Release Detection.

(1) Rule 401--General Requirements for all UST Systems
(2) Rule 402--Requirements for Petroleum UST Systems
(3) Rule 403--Requirements for Hazardous Substance UST Systems
(4) Rule 404--Methods of Release Detection for Tanks
(5) Rule 405--Methods of Release Detection for Piping
(6) Rule 406--Release Detection Recordkeeping

    e. Part V--Release Reporting and Investigation.

(1) Rule 501--Reporting of Suspected Releases
(2) Rule 502--Investigation Due to Off-site Impacts
(3) Rule 503--Release Investigation and Confirmation Steps
(4) Rule 504--Reporting and Cleanup of Spills and Overfills

    f. Part VI--Release Response and Corrective Action for UST 
Systems Containing Petroleum or Hazardous Substances.

(1) Rule 601--General
(2) Rule 602--Initial Response
(3) Rule 603--Initial Abatement Measures and Site Check [Except 
insofar as 603(A)(5) requires owners and operators to obtain permits 
or franchises for drilling and installation of groundwater 
monitoring and/or extraction wells.]
(4) Rule 604--Initial Site Characterization
(5) Rule 605--Free Product Removal [Except insofar as 605(A) and 605 
(D)(6) require owners and operators to obtain permits or franchises 
for drilling and installation of water monitoring and/or extraction 
wells.]
(6) Rule 606--Investigation for Soil and Groundwater Clean-up
(7) Rule 607--Corrective Action Plan
(8) Rule 608--Public Participation

    g. Part VII--Out-Of-Service UST Systems and Closure.

(1) Rule 701--Temporary Closure
(2) Rule 702--Permanent Closure and Changes-in-Service
(3) Rule 703--Assessing the Site at Closure or Change-in-Service
(4) Rule 704--Applicability to Previously Closed UST Systems
(5) Rule 705--Closure Methods

    h. Part VIII--Notification Requirements and Procedures.

(1) Rule 801--Notification of Underground Storage System
(2) Rule 802--Notification Requirements
(3) Rule 803--Notification Responsibility
(4) Rule 804--UST Notification Identification Number
(5) Rule 805--Changes to Facility Notification Data

    i. Part IX--Financial Responsibility Requirements.

(1) Rule 901--Applicability
(2) Rule 902--Compliance Dates
(3) Rule 903--Definition of Terms
(4) Rule 904--Amount and Scope of Required Financial Responsibility
(5) Rule 905--Allowable Mechanisms and Combinations of Mechanisms
(6) Rule 906--Financial Test of Self-Insurance
(7) Rule 907--Guarantee
(8) Rule 908--Insurance and Risk Retention Group Coverage
(9) Rule 909--Surety Bond
(10) Rule 910--Letter of Credit
(11) Rule 911--Trust Fund
(12) Rule 912--Standby Trust Fund
(13) Rule 913--Substitution of Financial Assurance Mechanisms by 
Owner or Operator
(14) Rule 914--Cancellation or Nonrenewal by a Provider of Financial 
Assurance
(15) Rule 915--Reporting by Owner or Operator
(16) Rule 916--Recordkeeping

[[Page 4595]]

(17) Rule 917--Drawing on Financial Assurance Mechanisms
(18) Rule 918--Release from the Requirements
(19) Rule 919--Bankruptcy or Other Incapacity of Owner or Operator 
of Provider of Financial Assurance
(20) Rule 920--Replenishment of Guarantees, Letters of Credit, or 
Surety Bonds
(21) Rule 921--Suspension of Enforcement

    j. Part X--General Provisions.

(1) Rule 1001--Amendments to this Regulation
(2) Rule 1002--Monitoring, Recordkeeping, Reporting, Sampling, and 
Testing Methods
(3) Rule 1003--Malfunction or Non-compliance, Reporting
(4) Rule 1004--Confidentiality of Information
(5) Rule 1006--Public Notice and Public Hearings
(6) Rule 1009--Public Nuisance
(7) Rule 1011--Overlapping or Inconsistent Provisions
(8) Rule 1012--Derogation
(9) Rule 1013--Separability Clause
(10) Rule 1014--Effectiveness

    k. Part XI--General Prohibitions.

(1) Rule 1101--Purpose, Scope and Applicability
(2) Rule 1102--General Prohibitions

[FR Doc. 98-1532 Filed 1-29-98; 8:45 am]
BILLING CODE 6560-50-P

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