['Waste', 'Tank Systems']
['Solid Waste', 'Underground Storage Tanks', 'Tank Systems']
05/29/2024
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(a) The State of Connecticut 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 Connecticut Department of Energy and Environment Protection (“DEEP”), was approved by EPA pursuant to 42 U.S.C. 6991c and 40 CFR part 281. EPA approved the Connecticut program on July 5, 1995, which was effective on August 4, 1995.
(b) Connecticut has primary responsibility for administering and enforcing its federally approved 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 any other applicable statutory and regulatory provisions.
(c) To retain program approval, Connecticut must revise its approved program to adopt new changes to the Federal Subtitle I program which makes it more stringent, in accordance with section 9004 of RCRA, 42 U.S.C. 6991c and 40 CFR part 281, subpart E. If Connecticut 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 notification of any change will be published in the Federal Register .
(d) Connecticut has final approval for the following elements of its program application originally submitted to EPA and approved effective August 4, 1995, and the program revision application approved by EPA, effective on September 12, 2022.
(1) State statutes and regulations— (i) Incorporation by reference. The material cited in this paragraph, and listed in Appendix A to this part, is incorporated by reference as part of the underground storage tank program under Subtitle I of RCRA, 42 U.S.C. 6991 et seq. (See § 282.2 for incorporation by reference approval and inspection information.) You may obtain copies of the Connecticut regulations and statutes that are incorporated by reference in this paragraph from Mark Latham, Supervising Environmental Analyst, Licensing and Enforcement Unit, Emergency Response and Spill Prevention Division, Connecticut Department of Energy and Environmental Protection, 79 Elm Street; Hartford, CT 06106-5127; Phone number: 860-418-5930; Mark.Latham@ct.gov ; Hours: Monday to Friday, 8:00 a.m. to 4:30 p.m.; link to statutes and regulations: Connecticut General Assembly's website: https://www.cga.ct.gov/current/pub/chap_446k.htm#sec_22a-449 ; state's e-regulation portal: https://eregulations.ct.gov/eRegsPortal/Search/getDocument?guid=%7b3048737D-0000-CD35-9265-186385876C76%7d.
(A) EPA-Approved Connecticut Statutory and Regulatory Requirements Applicable to the Underground Storage Tank Program, December 2021.
(B) [Reserved]
(ii) Legal basis. EPA evaluated the following statutes and regulations which are part of the approved program, but they are not being incorporated by reference for enforcement purposes, and do not replace Federal authorities:
(A) The statutory provisions include:
(1) Connecticut General Statutes Title 4. Management of State Agencies, Section 22a-177a. Contested cases. Party Intervenor Status.
(2) Connecticut General Statutes Title 52. Civil Actions, Section 52-107. Additional parties may be summoned in.
(3) Connecticut General Statutes Title 22A. Environmental Protection Chapter 439. Department of Energy and Environmental Protection. State Policy Part II. General Provisions, Section 22a-6. Commissioner to establish environmental standards, regulations, and fees, to make contracts and studies and to issue permits. Complaints. Hearings. Bonds. Notice of contested cases. Fee waivers. Public notices on department's internet website, Section 22a-7. Cease and desist orders. Service. Hearings. Injunctions, and Section 22a-19. Administrative proceedings.
(4) Connecticut General Statutes Title 22A. Environmental Protection Chapter 446K. Water Pollution Control, Section 22a-428. Orders to municipalities to abate pollution, Section 22a-432. Order to correct potential sources of pollution, Section 22a-433. Order to landowner, Section 22a-435. Injunction, and Section 22a-438. Forfeiture for violations. Penalties.
(B) The regulatory provisions include:
(1) 2021 Connecticut Practice Book, Chapter 9 Parties, Sec. 9-18. Addition or Substitution of Parties; Additional Parties Summoned in by Court.
(2) Regulations of Connecticut State Agencies (RSCA) Title 22a. Environmental Protection Section 22a—3a-6(k) Intervention.
(iii) Provisions not incorporated by reference. The following specifically identified statutory and regulatory provisions applicable to the Connecticut's UST program are broader in scope than the Federal program, are not part of the approved program, and are not incorporated by reference in this section for enforcement purposes:
(A) Connecticut General Statutes Title 22A. Environmental Protection Chapter 446K. Water Pollution Control, Section 22a-449. Duties and powers of commissioner resources of potential pollution or damages. Licenses, regulations. Nonresidential underground storage tank systems, (g), delivery prohibition.
(B) RCSA, Title 22a. Environmental Protection, Section 22a-449(d)-1, Control of the nonresidential underground storage and handling of oil and petroleum liquids
RCSA, Title 22a. Environmental Protection, Section 22a-449(d)-1(d)(1) and (2), Reporting of life expectancy determination.
RCSA, Title 22a. Environmental Protection, Section 22a-449(d)-1(l), Variances.
RCSA, Title 22a. Environmental Protection, Section 22a-449(d)-111. Life expectancy.
(2) Statement of legal authority. The Attorney General's Statements, signed by the Attorney General of Connecticut on December 21, 1994, and December 20, 2021, 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.
(3) Demonstration of procedures for adequate enforcement. The “Demonstration of Procedures for Adequate Enforcement” submitted as part of the original application in December 1994, and as part of the program revision application for approval on December 22, 2021, 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 in December 1994, and as part of the program revision application on December 22, 2021, 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 1 and the Connecticut Department of Energy and Environmental Protection, signed by the EPA Regional Administrator on December 20, 2021, 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.
[87 FR 42088, July 14, 2022]
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['Waste', 'Tank Systems']
['Solid Waste', 'Underground Storage Tanks', 'Tank Systems']
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