guarantor guarantees to [implementing agency] and to any and all third
parties that:
    In the event that [owner or operator] fails to provide alternative
coverage within 60 days after receipt of a notice of cancellation of
this guarantee and the [Director of the implementing agency] has
determined or suspects that a release has occurred at an underground
storage tank covered by this guarantee, the guarantor, upon
instructions from the [Director], shall fund a standby trust fund in
accordance with the provisions of 40 CFR 280.112, in an amount not to
exceed the coverage limits specified above.
    In the event that the [Director] determines that [owner or
operator] has failed to perform corrective action for releases arising
out of the operation of the above-identified tank(s) in accordance with
40 CFR part 280, subpart F, the guarantor upon written instructions
from the [Director] shall fund a standby trust in accordance with the
provisions of 40 CFR 280.112, in an amount not to exceed the coverage
limits specified above.
    If [owner or operator] fails to satisfy a judgment or award based
on a determination of liability for bodily injury or property damage to
third parties caused by [``sudden'' and/or ``nonsudden''] accidental
releases arising from the operation of the above-identified tank(s), or
fails to pay an amount agreed to in settlement of a claim arising from
or alleged to arise from such injury or damage, the guarantor, upon
written instructions from the [Director], shall fund a standby trust in
accordance with the provisions of 40 CFR 280.112 to satisfy such
judgment(s), award(s), or settlement

agreement(s) up to the limits of coverage specified above.
* * * * *
    (d) An owner or operator who uses a guarantee to satisfy the
requirements of Sec.  280.93 must establish a standby trust fund when
the guarantee is obtained. Under the terms of the guarantee, all
amounts paid by the guarantor under the guarantee will be deposited
directly into the standby trust fund in accordance with instructions
from the Director of the implementing agency under Sec.  280.112. This
standby trust fund must meet the requirements specified in Sec.
280.103.
    24. In Sec.  280.97 revise paragraph (a) to read as follows:

Sec.  280.97  Insurance and risk retention group coverage.

    (a) An owner or operator may satisfy the requirements of Sec.
280.93 by obtaining liability insurance that conforms to the
requirements of this section from a qualified insurer or risk retention
group. Such insurance may be in the form of a separate insurance policy
or an endorsement to an existing insurance policy.
* * * * *
    25. In Sec.  280.98 revise paragraphs (b) and (d) to read as
follows:

Sec.  280.98  Surety bond.

* * * * *
    (b) The surety bond must be worded as follows, except that
instructions in brackets must be replaced with the relevant information
and the brackets deleted:

Performance Bond

Date bond executed:----------------------------------------------------
Period of coverage:----------------------------------------------------
Principal: [legal name and business address of owner or operator]
-----------------------------------------------------------------------
Type of organization: [insert ``individual,'' ``joint venture,''
``partnership,'' or ``corporation'']
-----------------------------------------------------------------------
State of incorporation (if applicable):
-----------------------------------------------------------------------
Surety(ies): [name(s) and business address(es)]
-----------------------------------------------------------------------
Scope of Coverage: [List the number of tanks at each facility and
the name(s) and address(es) of the facility(ies) where the tanks are
located. If more than one instrument is used to assure different
tanks at any one facility, for each tank covered by this instrument,
list the tank identification number provided in the notification
submitted pursuant to 40 CFR 280.22, or the corresponding state
requirement, and the name and address of the facility. List the
coverage guaranteed by the bond: ``taking corrective action'' and/or
``compensating third parties for bodily injury and property damage
caused by'' either ``sudden accidental releases'' or ``nonsudden
accidental releases'' or ``accidental releases'' ``arising from
operating the underground storage Tank''].
Penal sums of bond:
Per occurrence $-------------------------------------------------------
Annual aggregate $-----------------------------------------------------
Surety's bond number:--------------------------------------------------

    Know All Persons by These Presents, that we, the Principal and
Surety(ies), hereto are firmly bound to [the implementing agency],
in the above penal sums for the payment of which we bind ourselves,
our heirs, executors, administrators, successors, and assigns
jointly and severally; provided that, where the Surety(ies) are
corporations acting as co-sureties, we, the Sureties, bind ourselves
in such sums jointly and severally only for the purpose of allowing
a joint action or actions against any or all of us, and for all
other purposes each Surety binds itself, jointly and severally with
the Principal, for the payment of such sums only as is set forth
opposite the name of such Surety, but if no limit of liability is
indicated, the limit of liability shall be the full amount of the
penal sums.
    Whereas said Principal is required under Subtitle I of the Solid
Waste Disposal Act, as amended, to provide financial assurance for
[insert: ``taking corrective action'' and/or ``compensating third
parties for bodily injury and property damage caused by'' either
``sudden accidental releases'' or ``nonsudden accidental releases''
or ``accidental releases''; if coverage is different for different
tanks or locations, indicate the type of coverage applicable to each
tank or location] arising from operating the underground storage
tanks identified above, and
    Whereas said Principal shall establish a standby trust fund as
is required when a surety bond is used to provide such financial
assurance;
    Now, therefore, the conditions of the obligation are such that
if the Principal shall faithfully [``take corrective action, in
accordance with 40 CFR part 280, subpart F and the Director of the
state implementing agency's instructions for,'' and/or ``compensate
injured third parties for bodily injury and property damage caused
by'' either ``sudden accidental releases'' or ``nonsudden accidental
releases'' or ``accidental releases''] arising from operating the
tank(s) indentified above, or if the Principal shall provide
alternate financial assurance, as specified in 40 CFR part 280,
subpart H, within 120 days after the date the notice of cancellation
is received by the Principal from the Surety(ies), then this
obligation shall be null and void; otherwise it is to remain in full
force and effect.
    Such obligation does not apply to any of the following:
    (a) Any obligation of [insert owner or operator] under a
workers' compensation, disability benefits, or unemployment
compensation law or other similar law;
    (b) Bodily injury to an employee of [insert owner or operator]
arising from, and in the course of, employment by [insert owner or
operator];
    (c) Bodily injury or property damage arising from the ownership,
maintenance, use, or entrustment to others of any aircraft, motor
vehicle, or watercraft;
    (d) Property damage to any property owned, rented, loaned to, in
the care, custody, or control of, or occupied by [insert owner or
operator] that is not the direct result of a release from a
petroleum underground storage tank;
    (e) Bodily injury or property damage for which [insert owner or
operator] is obligated to pay damages by reason of the assumption of
liability in a contract or agreement other than a contract or
agreement entered into to meet the requirements of 40 CFR 280.93.
    The Surety(ies) shall become liable on this bond obligation only
when the Principal has failed to fulfill the conditions described
above.
    Upon notification by [the Director of the implementing agency]
that the Principal has failed to [``take corrective action, in
accordance with 40 CFR part 280, subpart F and the Director's
instructions,'' and/or ``compensate injured third parties''] as
guaranteed by this bond, the Surety(ies) shall either perform
[``corrective action in accordance with 40 CFR part 280 and the
Director's instructions,'' and/or ``third-party liability
compensation''] or place funds in an amount up to the annual
aggregate penal sum into the standby trust fund as directed by [the
Regional Administrator or the Director] under 40 CFR 280.112.
    Upon notification by [the Director] that the Principal has
failed to provide alternate financial assurance within 60 days after
the date the notice of cancellation is received by the Principal
from the Surety(ies) and that [the Director] has determined or
suspects that a release has occurred, the Surety(ies) shall place
funds in an amount not exceeding the annual aggregate penal sum into
the standby trust fund as directed by [the Director] under 40 CFR
280.112.
    The Surety(ies) hereby waive(s) notification of amendments to
applicable laws, statutes, rules, and regulations and agrees that no
such amendment shall in any way alleviate its (their) obligation on
this bond.
    The liability of the Surety(ies) shall not be discharged by any
payment or succession of payments hereunder, unless and until such
payment or payments shall amount in the annual aggregate to the
penal sum shown on the face of the bond, but in no event shall the
obligation of the Surety(ies) hereunder exceed the amount of said
annual aggregate penal sum.
    The Surety(ies) may cancel the bond by sending notice of
cancellation by certified mail to the Principal, provided, however,
that cancellation shall not occur during the 120 days beginning on
the date of receipt of the notice of cancellation by the Principal,
as evidenced by the return receipt.
    The Principal may terminate this bond by sending written notice
to the Surety(ies).
    In Witness Thereof, the Principal and Surety(ies) have executed
this Bond and have affixed their seals on the date set forth above.
    The persons whose signatures appear below hereby certify that
they are authorized to execute this surety bond on behalf of the
Principal and Surety(ies) and that the wording of this surety bond
is identical to the wording specified in 40 CFR 280.98(b) as such
regulations were constituted on the date this bond was executed.

Principal
[Signature(s)]
[Names(s)]
[Title(s)]
[Corporate seal]
Corporate Surety(ies)
[Name and address]
[State of Incorporation: ----------]
[Liability limit: $----------]
[Signature(s)]
[Names(s) and title(s)]
[Corporate seal]
[For every co-surety, provide signature(s), corporate seal, and
other information in the same manner as for Surety above.]
Bond premium: $----------
* * * * *

    (d) The owner or operator who uses a surety bond to satisfy the
requirements of Sec.  280.93 must establish a standby trust fund when
the surety bond is acquired. Under the terms of the bond, all amounts
paid by the surety under the bond will be deposited directly into the
standby trust fund in accordance with instructions from the Director
under Sec.  280.112. This standby trust fund must meet the requirements
specified in Sec.  280.103.
    26. In Sec.  280.99 revise paragraphs (b) and (c) to read as
follows:

Sec.  280.99  Letter of credit.

* * * * *
    (b) The letter of credit must be worded as follows, except that
instructions in brackets are to be replaced with the relevant
information and the brackets deleted:

Irrevocable Standby Letter of Credit

[Name and address of issuing institution]
[Name and address of Director(s) of state implementing agency(ies)]

    Dear Sir or Madam: We hereby establish our Irrevocable Standby
Letter of Credit No. ---------- in your favor, at the request and
for the account of [owner or operator name] of [address] up to the
aggregate amount of [in words] U.S. dollars ($[insert dollar
amount]), available upon presentation [insert, if more than one
Director of a state implementing agency is a beneficiary, ``by any
one of you''] of
    (1) your sight draft, bearing reference to this letter of
credit, No. ----------, and
    (2) your signed statement reading as follows: ``I certify that
the amount of the draft is payable pursuant to regulations issued
under authority of Subtitle I of the Solid Waste Disposal Act, as
amended.''
    This letter of credit may be drawn on to cover [insert: ``taking
corrective action'' and/or ``compensating third parties for bodily
injury and property damage caused by'' either ``sudden accidental
releases'' or ``nonsudden accidental releases'' or ``accidental
releases''] arising from operating the underground storage tank(s)
identified below in the amount of [in words] $[insert dollar amount]
per occurrence and [in words] $[insert dollar amount] annual
aggregate:
    [List the number of tanks at each facility and the name(s) and
address(es) of the facility(ies) where the tanks are located. If
more than one instrument is used to assure different tanks at any
one facility, for each tank covered by this instrument, list the
tank identification number provided in the notification submitted
pursuant to 40 CFR 280.22, or the corresponding state requirement,
and the name and address of the facility.]
    The letter of credit may not be drawn on to cover any of the
following:
    (a) Any obligation of [insert owner or operator] under a
workers' compensation, disability benefits, or unemployment
compensation law or other similar law;
    (b) Bodily injury to an employee of [insert owner or operator]
arising from, and in the course of, employment by [insert owner or
operator];
    (c) Bodily injury or property damage arising from the ownership,
maintenance, use, or entrustment to others of any aircraft, motor
vehicle, or watercraft;
    (d) Property damage to any property owned, rented, loaned to, in
the care, custody, or control of, or occupied by [insert owner or
operator] that is not the direct result of a release from a
petroleum underground storage tank;
    (e) Bodily injury or property damage for which [insert owner or
operator] is obligated to pay damages by reason of the assumption of
liability in a contract or agreement other than a contract or
agreement entered into to meet the requirements of 40 CFR 280.93.
    This letter of credit is effective as of [date] and shall expire
on [date], but such expiration date shall be automatically extended
for a period of [at least the length of the original term] on
[expiration date] and on each successive expiration date, unless, at
least 120 days before the current expiration date, we notify [owner
or operator] by certified mail that we have decided not to extend
this letter of credit beyond the current expiration date. In the
event that [owner or operator] is so notified, any unused portion of
the credit shall be available upon presentation of your sight draft
for 120 days after the date of receipt by [owner or operator], as
shown on the signed return receipt.
    Whenever this letter of credit is drawn on under and in
compliance with the terms of this credit, we shall duly honor such
draft upon presentation to us, and we shall deposit the amount of
the draft directly into the standby trust fund of [owner or
operator] in accordance with your instructions.
    We certify that the wording of this letter of credit is
identical to the wording specified in 40 CFR 280.99(b) as such
regulations were constituted on the date shown immediately below.

[Signature(s) and title(s) of official(s) of issuing institution]
[Date]

    This credit is subject to [insert ``the most recent edition of
the Uniform Customs and Practice for Documentary Credits, published
and copyrighted by the International Chamber of Commerce,'' or ``the
Uniform Commercial Code''].
    (c) An owner or operator who uses a letter of credit to satisfy
the requirements of Sec.  280.93 must also establish a standby trust
fund when the letter of credit is acquired. Under the terms of the
letter of credit, all amounts paid pursuant to a draft by the
Director of the implementing agency will be deposited by the issuing
institution directly into the standby trust fund in accordance with
instructions from the Director under Sec.  280.112. This standby
trust fund must meet the requirements specified in Sec.  280.103.
* * * * *

    27. In Sec.  280.101 revise paragraph (d) to read as follows:

Sec.  280.101  State fund or other state assurance.

* * * * *
    (d) The Regional Administrator will notify the state of his
determination regarding the acceptability of the state's fund or other
assurance in lieu of financial mechanisms specified in this subpart.
Within 60 days after the Regional Administrator notifies a state that a
state fund or other state assurance is acceptable, the state must
provide to each owner or operator for which it is assuming financial
responsibility a letter or certificate describing the nature of the
state's assumption of responsibility. The letter or certificate from
the state must include, or have attached to it, the following
information: The facility's name and address and the amount of funds
for corrective action and/or for compensating third parties that is
assured by the state. The owner or operator must maintain this letter
or certificate on file as proof of financial responsibility in
accordance with Sec.  280.111(b)(8).
    28. In Sec.  280.103 revise paragraph (b)(1) and the Trust
Agreement introductory text and section 4 to read as follows:

Sec.  280.103  Standby trust fund.

* * * * *
    (b)(1) The standby trust agreement, or trust agreement, must be
worded as follows, except that instructions in brackets are to be
replaced with the relevant information and the brackets deleted:

Trust Agreement

    Trust agreement, the ``Agreement,'' entered into as of [date] by
and between [name of the owner or operator], a [name of state]
[insert ``corporation,'' ``partnership,'' ``association,'' or
``proprietorship''], the ``Grantor,'' and [name of corporate
trustee], [insert ``Incorporated in the state of ----------'' or ``a
national bank''], the ``Trustee.''
    Whereas, the United States Environmental Protection Agency,
``EPA,'' an agency of the United States Government, has established
certain regulations applicable to the Grantor, requiring that an
owner or operator of an underground storage tank shall provide
assurance that funds will be available when needed for corrective
action and third-party compensation for bodily injury and property

damage caused by sudden and nonsudden accidental releases arising
from the operation of the underground storage tank. The attached
Schedule A lists the number of tanks at each facility and the
name(s) and address(es) of the facility(ies) where the tanks are
located that are covered by the [insert ``standby'' where trust
agreement is standby trust agreement] trust agreement.
    [Whereas, the Grantor has elected to establish [insert either
``a guarantee,'' ``surety bond,'' or ``letter of credit''] to
provide all or part of such financial assurance for the underground
storage tanks identified herein and is required to establish a
standby trust fund able to accept payments from the instrument (This
paragraph is only applicable to the standby trust agreement.)];
    Whereas, the Grantor, acting through its duly authorized
officers, has selected the Trustee to be the trustee under this
agreement, and the Trustee is willing to act as trustee;
    Now, therefore, the Grantor and the Trustee agree as follows:
* * * * *

Section 4. Payment for [``Corrective Action'' and/or ``Third-Party
Liability Claims'']

    The Trustee shall make payments from the Fund as [the Director
of the implementing agency] shall direct, in writing, to provide for
the payment of the costs of [insert: ``taking corrective action''
and/or ``compensating third parties for bodily injury and property
damage caused by'' either ``sudden accidental releases'' or
``nonsudden accidental Releases'' or ``accidental releases'']
arising from operating the tanks covered by the financial assurance
mechanism identified in this Agreement.
    The Fund may not be drawn upon to cover any of the following:
    (a) Any obligation of [insert owner or operator] under a
workers' compensation, disability benefits, or unemployment
compensation law or other similar law;
    (b) Bodily injury to an employee of [insert owner or operator]
arising from, and in the course of employment by [insert owner or
operator];
    (c) Bodily injury or property damage arising from the ownership,
maintenance, use, or entrustment to others of any aircraft, motor
vehicle, or watercraft;
    (d) Property damage to any property owned, rented, loaned to, in
the care, custody, or control of, or occupied by [insert owner or
operator] that is not the direct result of a release from a
petroleum underground storage tank;
    (e) Bodily injury or property damage for which [insert owner or
operator] is obligated to pay damages by reason of the assumption of
liability in a contract or agreement other than a contract or
agreement entered into to meet the requirements of 40 CFR 280.93.
    The Trustee shall reimburse the Grantor, or other persons as
specified by [the Director], from the Fund for corrective action
expenditures and/or third-party liability claims in such amounts as
[the Director] shall direct in writing. In addition, the Trustee
shall refund to the Grantor such amounts as [the Director] specifies
in writing. Upon refund, such funds shall no longer constitute part
of the Fund as defined herein.
* * * * *
    29. Amend Sec.  280.104 as follows:
    a. By revising paragraph (b)
    b. By revising paragraph (d)
    c. By revising paragraph (e)
    d. By adding paragraph (h)

Sec.  280.104  Local government bond rating test.

* * * * *
    (b) A local government owner or operator or local government
serving as a guarantor that is not a general-purpose local government
and does not have the legal authority to issue general obligation bonds
may satisfy the requirements of Sec.  280.93 by having a currently
outstanding issue or issues of revenue bonds of $1 million or more,
excluding refunded issues, and by also having a Moody's rating of Aaa,
Aa, A, or Baa, or a Standard & Poor's rating of AAA, AA, A, or BBB as
the lowest rating for any rated revenue bond issued by the local
government. Where bonds are rated by both Moody's and Standard &
Poor's, the lower rating for each bond must be used to determine
eligibility. Bonds that are backed by credit enhancement may not be
considered in determining the amount of applicable bonds outstanding.
* * * * *
    (d) To demonstrate that it meets the local government bond rating
test, the chief financial officer of a general purpose local government
owner or operator and/or guarantor must sign a letter worded exactly as
follows, except that the instructions in brackets are to be replaced by
the relevant information and the brackets deleted:

Letter from Chief Financial Officer

    I am the chief financial officer of [insert: name and address of
local government owner or operator, or guarantor]. This letter is in
support of the use of the bond rating test to demonstrate financial
responsibility for [insert: ``taking corrective action'' and/or
``compensating third parties for bodily injury and property
damage''] caused by [insert: ``sudden accidental releases'' or
``nonsudden accidental releases'' or ``accidental releases''] in the
amount of at least [insert: dollar amount] per occurrence and
[insert: dollar amount] annual aggregate arising from operating (an)
underground storage tank(s).
    Underground storage tanks at the following facilities are
assured by this bond rating test: [List for each facility: the name
and address of the facility where tanks are assured by the bond
rating test].
    The details of the issue date, maturity, outstanding amount,
bond rating, and bond rating agency of all outstanding bond issues
that are being used by [name of local government owner or operator,
or guarantor] to demonstrate financial responsibility are as
follows: [complete table]

--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                           Outstanding
                Issue date                        Maturity date               amount         Bond rating                   Rating agency
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                                [Moody's or Standard & Poor's]
--------------------------------------------------------------------------------------------------------------------------------------------------------

    The total outstanding obligation of [insert amount], excluding
refunded bond issues, exceeds the minimum amount of $1 million. All
outstanding general obligation bonds issued by this government that
have been rated by Moody's or Standard & Poor's are rated as at
least investment grade (Moody's Baa or Standard & Poor's BBB) based
on the most recent ratings published within the last 12 months.
Neither rating service has provided notification within the last 12
months of downgrading of bond ratings below investment grade or of
withdrawal of bond rating other than for repayment of outstanding
bond issues.
    I hereby certify that the wording of this letter is identical to
the wording specified in 40 CFR part 280.104(d) as such regulations
were constituted on the date shown immediately below.

[Date]-----------------------------------------------------------------
[Signature]------------------------------------------------------------
[Name]-----------------------------------------------------------------
[Title]----------------------------------------------------------------

    (e) To demonstrate that it meets the local government bond rating
test, the chief financial officer of local government owner or operator
and/or guarantor other than a general purpose government must sign a
letter worded exactly as follows, except that the instructions in
brackets are to be replaced by the relevant information and the
brackets deleted:

Letter from Chief Financial Officer

    I am the chief financial officer of [insert: name and address of
local government owner or operator, or guarantor]. This letter is in
support of the use of the bond rating test to demonstrate financial
responsibility for [insert: ``taking corrective action'' and/or
``compensating third parties for bodily injury and property
damage''] caused by [insert: ``sudden accidental releases'' or
``nonsudden accidental releases'' or ``accidental releases''] in the
amount of at least [insert: dollar amount] per occurrence and
[insert: dollar amount] annual aggregate arising from

operating (an) underground storage tank(s). This local government is
not organized to provide general governmental services and does not
have the legal authority under state law or constitutional
provisions to issue general obligation debt.
    Underground storage tanks at the following facilities are
assured by this bond rating test: [List for each facility: the name
and address of the facility where tanks are assured by the bond
rating test].
    The details of the issue date, maturity, outstanding amount,
bond rating, and bond rating agency of all outstanding revenue bond
issues that are being used by [name of local government owner or
operator, or guarantor] to demonstrate financial responsibility are
as follows: [complete table]

--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                           Outstanding
                Issue date                        Maturity date               amount         Bond rating                   Rating agency
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                                [Moody's or Standard & Poor's]
--------------------------------------------------------------------------------------------------------------------------------------------------------

    The total outstanding obligation of [insert amount], excluding
refunded bond issues, exceeds the minimum amount of $1 million. All
outstanding revenue bonds issued by this government that have been
rated by Moody's or Standard & Poor's are rated as at least
investment grade (Moody's Baa or Standard & Poor's BBB) based on the
most recent ratings published within the last 12 months. The revenue
bonds listed are not backed by third-party credit enhancement or
insured by a municipal bond insurance company. Neither rating
service has provided notification within the last 12 months of
downgrading of bond ratings below investment grade or of withdrawal
of bond rating other than for repayment of outstanding bond issues.
    I hereby certify that the wording of this letter is identical to
the wording specified in 40 CFR part 280.104(e) as such regulations
were constituted on the date shown immediately below.

[Date]-----------------------------------------------------------------
[Signature]------------------------------------------------------------
[Name]-----------------------------------------------------------------
[Title]----------------------------------------------------------------
* * * * *

    (h) If the local government owner or operator fails to obtain
alternate assurance within 150 days of finding that it no longer meets
the requirements of the bond rating test or within 30 days of
notification by the Director of the implementing agency that it no
longer meets the requirements of the bond rating test, the owner or
operator must notify the Director of such failure within 10 days.
    30. In Sec.  280.105 revise paragraph (c) and the Letter From Chief
Financial Officer to read as follows:

Sec.  280.105  Local government financial test.

* * * * *
    (c) To demonstrate that it meets the financial test under paragraph
(b) of this section, the chief financial officer of the local
government owner or operator, must sign, within 120 days of the close
of each financial reporting year, as defined by the twelve-month period
for which financial statements used to support the financial test are
prepared, a letter worded exactly as follows, except that the
instructions in brackets are to be replaced by the relevant information
and the brackets deleted:

Letter From Chief Financial Officer

    I am the chief financial officer of [insert: name and address of
the owner or operator]. This letter is in support of the use of the
local government financial test to demonstrate financial
responsibility for [insert: ``taking corrective action'' and/or
``compensating third parties for bodily injury and property
damage''] caused by [insert: ``sudden accidental releases'' or
``nonsudden accidental releases'' or ``accidental releases''] in the
amount of at least [insert: dollar amount] per occurrence and
[insert: dollar amount] annual aggregate arising from operating [an]
underground storage tank[s].
    Underground storage tanks at the following facilities are
assured by this financial test [List for each facility: the name and
address of the facility where tanks assured by this financial test
are located. If separate mechanisms or combinations of mechanisms
are being used to assure any of the tanks at this facility, list
each tank assured by this financial test by the tank identification
number provided in the notification submitted pursuant to 40 CFR
part 280.22 or the corresponding state requirements.]
    This owner or operator has not received an adverse opinion, or a
disclaimer of opinion from an independent auditor on its financial
statements for the latest completed fiscal year. Any outstanding
issues of general obligation or revenue bonds, if rated, have a
Moody's rating of Aaa, Aa, A, or Baa or a Standard and Poor's rating
of AAA, AA, A, or BBB; if rated by both firms, the bonds have a
Moody's rating of Aaa, Aa, A, or Baa and a Standard and Poor's
rating of AAA, AA, A, or BBB.

Worksheet for Municipal Financial Test

Part I: Basic Information

    1. Total Revenues

a. Revenues (dollars)--------------------

    Value of revenues excludes liquidation of investments and
issuance of debt. Value includes all general fund operating and non-
operating revenues, as well as all revenues from all other
governmental funds including enterprise, debt service, capital
projects, and special revenues, but excluding revenues to funds held
in a trust or agency capacity.

b. Subtract interfund transfers (dollars)--------------------
c. Total Revenues (dollars)--------------------
    2. Total Expenditures

a. Expenditures (dollars)--------------------

    Value consists of the sum of general fund operating and non-
operating expenditures including interest payments on debt, payments
for retirement of debt principal, and total expenditures from all
other governmental funds including enterprise, debt service, capital
projects, and special revenues.

b. Subtract interfund transfers (dollars)--------------------
c. Total Expenditures (dollars) --------------------

    3. Local Revenues

a. Total Revenues (from 1c) (dollars)--------------------
b. Subtract total intergovernmental transfers (dollars)------------
--------
c. Local Revenues (dollars)--------------------

    4. Debt Service

a. Interest and fiscal charges (dollars)--------------------
b. Add debt retirement (dollars)--------------------
c. Total Debt Service (dollars)--------------------

    5. Total Funds (Dollars)--------------------

(Sum of amounts held as cash and investment securities from all
funds, excluding amounts held for employee retirement funds, agency
funds, and trust funds)

    6. Population (Persons)--------------------

Part II: Application of Test

    7. Total Revenues to Population

a. Total Revenues (from 1c)--------------------
b. Population (from 6)--------------------
c. Divide 7a by 7b--------------------
d. Subtract 417--------------------
e. Divide by 5,212--------------------
f. Multiply by 4.095--------------------

    8. Total Expenses to Population

a. Total Expenses (from 2c)--------------------
b. Population (from 6)--------------------
c. Divide 8a by 8b--------------------
d. Subtract 524--------------------
e. Divide by 5,401--------------------
f. Multiply by 4.095--------------------

    9. Local Revenues to Total Revenues
a. Local Revenues (from 3c)--------------------

b. Total Revenues (from 1c)--------------------
c. Divide 9a by 9b--------------------
d. Subtract .695--------------------
e. Divide by .205--------------------
f. Multiply by 2.840--------------------

    10. Debt Service to Population

a. Debt Service (from 4c)--------------------

b. Population (from 6)--------------------
c. Divide 10a by 10b----------------
d. Subtract 51----------------
e. Divide by 1,038----------------
f. Multiply by -1.866----------------

    11. Debt Service to Total Revenues

a. Debt Service (from 4c)----------------
b. Total Revenues (from 1c)----------------
c. Divide 11a by 11b----------------
d. Subtract .068----------------
e. Divide by .259----------------
f. Multiply by -3.533----------------

    12. Total Revenues to Total Expenses

a. Total Revenues (from 1c)----------------
b. Total Expenses (from 2c)----------------
c. Divide 12a by 12b----------------
d. Subtract .910----------------
e. Divide by .899----------------
f. Multiply by 3.458----------------

    13. Funds Balance to Total Revenues

a. Total Funds (from 5)----------------
b. Total Revenues (from 1c)----------------
c. Divide 13a by 13b----------------
d. Subtract .891----------------
e. Divide by 9.156----------------
f. Multiply by 3.270----------------

    14. Funds Balance to Total Expenses

a. Total Funds (from 5)----------------
b. Total Expenses (from 2c)----------------
c. Divide 14a by 14b----------------
d. Subtract .866----------------
e. Divide by 6.409----------------
f. Multiply by 3.270----------------

    15. Total Funds to Population----------------

a. Total Funds (from 5)----------------
b. Population (from 6)----------------
c. Divide 15a by 15b----------------
d. Subtract 270----------------
e. Divide by 4,548----------------
f. Multiply by 1.866----------------

    16. Add 7f + 8f + 9f + 10f + 11f + 12f + 13f + 14f + 15f +
4.937----------------

    I hereby certify that the financial index shown on line 16 of
the worksheet is greater than zero and that the wording of this
letter is identical to the wording specified in 40 CFR part
280.105(c) as such regulations were constituted on the date shown
immediately below.

[Date]
[Signature]
[Name]
[Title]
* * * * *

    31. Amend Sec.  280.106 as follows:
    a. By revising paragraph (a)(1)
    b. By revising paragraph (b)
    c. By revising paragraph (d)(7)(d)
    d. By revising paragraph (e)(7)(d)
    e. By revising paragraph (e)(8)(d)

Sec.  280.106  Local government guarantee.

    (a) * * *
    (1) Demonstrate that it meets the bond rating test requirement of
Sec.  280.104 and deliver a copy of the chief financial officer's
letter as contained in Sec.  280.104(d) and Sec.  280.104(e) to the
local government owner or operator; or
* * * * *
    (b) If the local government guarantor is unable to demonstrate
financial assurance under any of Sec.  Sec.  280.104, 280.105,
280.107(a), 280.107(b), or 280.107(c), at the end of the financial
reporting year, the guarantor shall send by certified mail, before
cancellation or non-renewal of the guarantee, notice to the owner or
operator. The guarantee will terminate no less than 120 days after the
date the owner or operator receives the notification, as evidenced by
the return receipt. The owner or operator must obtain alternative
coverage as specified in Sec.  280.114(e).
* * * * *
    (d) * * *
    (7) * * *
    (d) Property damage to any property owned, rented, loaned to, in
the care, custody, or control of, or occupied by [insert: local
government owner or operator] that is not the direct result of a
release from a petroleum underground storage tank;
* * * * *
    (e) * * *
    (7) * * *
    (d) Property damage to any property owned, rented, loaned to, in
the care, custody, or control of, or occupied by [insert: local
government owner or operator] that is not the direct result of a
release from a petroleum underground storage tank;
* * * * *
    (8) * * *
    (d) Property damage to any property owned, rented, loaned to, in
the care, custody, or control of, or occupied by [insert: local
government owner or operator] that is not the direct result of a
release from a petroleum underground storage tank;
* * * * *
    32. In Sec.  280.107 revise paragraph (d) to read as follows:

Sec.  280.107  Local government fund.

* * * * *
    (d) To demonstrate that it meets the requirements of the local
government fund, the chief financial officer of the local government
owner or operator and/or guarantor must sign a letter worded exactly as
follows, except that the instructions in brackets are to be replaced by
the relevant information and the brackets deleted:

Letter from Chief Financial Officer

    I am the chief financial officer of [insert: name and address of
local government owner or operator, or guarantor]. This letter is in
support of the use of the local government fund mechanism to
demonstrate financial responsibility for [insert: ``taking
corrective action'' and/or ``compensating third parties for bodily
injury and property damage''] caused by [insert: ``sudden accidental
releases'' or ``nonsudden accidental releases'' or ``accidental
releases''] in the amount of at least [insert: dollar amount] per
occurrence and [insert: dollar amount] annual aggregate arising from
operating (an) underground storage tank(s).
    Underground storage tanks at the following facilities are
assured by this local government fund mechanism: [List for each
facility: the name and address of the facility where tanks are
assured by the local government fund].
    [Insert: ``The local government fund is funded for the full
amount of coverage required under Sec.  280.93, or funded for part
of the required amount of coverage and used in combination with
other mechanism(s) that provide the remaining coverage.'' or ``The
local government fund is funded for five times the full amount of
coverage required under Sec.  280.93, or funded for part of the
required amount of coverage and used in combination with other
mechanisms(s) that provide the remaining coverage,'' or ``A payment
is made to the fund once every year for seven years until the fund
is fully-funded and [name of local government owner or operator] has
available bonding authority, approved through voter referendum, of
an amount equal to the difference between the required amount of
coverage and the amount held in the dedicated fund'' or ``A payment
is made to the fund once every year for seven years until the fund
is fully-funded and I have attached a letter signed by the State
Attorney General stating that (1) the use of the bonding authority
will not increase the local government's debt beyond the legal debt
ceilings established by the relevant state laws and (2) that prior
voter approval is not necessary before use of the bonding
authority''].
    The details of the local government fund are as follows:

Amount in Fund (market value of fund at close of last fiscal
year):----------

    [If fund balance is incrementally funded as specified in Sec.
280.107(c), insert:

Amount added to fund in the most recently completed fiscal year:----
------
Number of years remaining in the pay-in period: ----------]

    A copy of the state constitutional provision, or local
government statute, charter, ordinance or order dedicating the fund
is attached.
    I hereby certify that the wording of this letter is identical to
the wording specified in 40 CFR 280.107(d) as such regulations were
constituted on the date shown immediately below.

[Date]
[Signature]
[Name]
[Title]
* * * * *

    33. In Sec.  280.109 revise paragraph (b) (3) to read as follows:

Sec.  280.109  Cancellation or nonrenewal by a provider of financial
assurance.

* * * * *
    (b) * * *
    (3) The evidence of the financial assistance mechanism subject to
the termination maintained in accordance with Sec.  280.111(b).
    34. In Sec.  280.111 revise paragraphs (b)(9)(ii) and (iii) to read
as follows:

Sec.  280.111  Recordkeeping.

* * * * *
    (b) * * *
    (9) * * *
    (ii) Year-end financial statements for the most recent completed
financial reporting year showing the amount in the fund. If the fund is
established under Sec.  280.107(c) using incremental funding backed by
bonding authority, the financial statements must show the previous
year's balance, the amount of funding during the year, and the closing
balance in the fund.
    (iii) If the fund is established under Sec.  280.107(c) using
incremental funding backed by bonding authority, the owner or operator
must also maintain documentation of the required bonding authority,
including either the results of a voter referendum (under Sec.
280.107(c)(1)), or attestation by the State Attorney General as
specified under Sec.  280.107(c)(2).
* * * * *
    35. Revise Sec.  280.113 to read as follows:

Sec.  280.113  Release from the requirements.

    An owner or operator is no longer required to maintain financial
responsibility under this subpart for an underground storage tank after
the tank has been permanently closed or, if corrective action is
required, after corrective action has been completed and the tank has
been permanently closed as required by 40 CFR part 280, subpart G.
    36. Add Subpart J to read as follows:

Subpart J--Operator Training

Sec.
280.240 General requirement for all UST systems.
280.241 Designation of operators.
280.242 Requirements for operator training.
280.243 Timing of operator training.
280.244 Retraining.
280.245 Documentation.

Subpart J--Operator Training

Sec.  280.240  General requirement for all UST systems.

    Not later than [Three years after effective date of rule], all
owners and operators of UST systems must ensure they have designated
Class A, Class B, and Class C operators who meet the requirements of
this subpart.

Sec.  280.241  Designation of operators.

    UST system owners and operators must designate:
    (a) At least one Class A and one Class B operator for each UST or
group of USTs at a facility; and
    (b) Each individual who meets the definition of Class C operator at
the UST facility as a Class C operator. Class C operators must be
employees of the UST system owner and operator.

Sec.  280.242  Requirements for operator training.

    UST system owners and operators must ensure Class A, Class B, and
Class C operators meet the requirements of this section. Any individual
designated for more than one operator class must successfully complete
the required training program or comparable examination according to
the operator class in which the individual is designated.
    (a) Class A operators. Each designated Class A operator must either
be trained in accordance with paragraphs (a)(1) and (a)(2) of this
section or pass a comparable examination in accordance with paragraph
(e) of this section. Class A operators must receive training from an
independent trainer.
    (1) At a minimum, the training program for the Class A operator
must provide general knowledge of the requirements in this paragraph.
At a minimum, the training must teach the Class A operators, as
applicable, on the purpose, methods, and function of:
    (i) Spill and overfill prevention;
    (ii) Release detection;
    (iii) Corrosion protection;
    (iv) Emergency response;
    (v) Product and equipment compatibility;
    (vi) Financial responsibility;
    (vii) Notification and storage tank registration;
    (viii) Temporary and permanent closure;
    (ix) Related reporting and recordkeeping;
    (x) Environmental and regulatory consequences of releases; and
    (xi) Training requirements for Class B and Class C operators.
    (2) At a minimum, the training program must evaluate Class A
operators to determine these individuals have the knowledge and skills
to make informed decisions regarding compliance and determine whether
appropriate individuals are fulfilling the operation, maintenance, and
recordkeeping requirements for UST systems in accordance with paragraph
(a)(1) of this section.
    (b) Class B operators. Each designated Class B operator must either
receive training in accordance with paragraphs (b)(1) and (b)(2) of
this section or pass a comparable examination, in accordance with
paragraph (e) of this section. Class B operators must receive training
from an independent trainer.
    (1) At a minimum, the training program for the Class B operator
must cover either: General requirements that encompass all regulatory
requirements and typical equipment used at UST facilities; or site-
specific requirements which address only the regulatory requirements
and equipment specific to the facility. At a minimum, the training
program for Class B operators must teach the Class B operator, as
applicable, on the purpose, methods, and function of:
    (i) Operation and maintenance;
    (ii) Spill and overfill prevention;
    (iii) Release detection and related reporting;
    (iv) Corrosion protection and related testing;
    (v) Emergency response;
    (vi) Product and equipment compatibility;
    (vii) Reporting and recordkeeping;
    (viii) Environmental and regulatory consequences of releases; and
    (ix) Training requirements for Class C operator.
    (2) At a minimum, the training program must evaluate Class B
operators to determine these individuals have the knowledge and skills
to implement applicable UST regulatory requirements in the field on the
components of typical UST systems or, as applicable, site-specific
equipment used at an UST facility in accordance with paragraph (b)(1)
of this section.
    (c) Class C operators. Each designated Class C operator must
either: Be trained by a Class A or Class B operator in accordance with
paragraphs (c)(1) and (c)(2) of this section; complete a training
program in accordance with paragraphs (c)(1) and (c)(2) of this
section; or pass a comparable examination, in accordance with paragraph
(e) of this section.
    (1) At a minimum, the training program for the Class C operator
must teach the Class C operators to take appropriate actions in
response to:
    (i) Emergencies; and
    (ii) Alarms caused by spills or releases from the UST system.
    (2) At a minimum, the training program must evaluate Class C
operators to determine these individuals have the knowledge and skills
to take appropriate

action in response to emergencies (including situations posing an
immediate danger or threat to the public or to the environment and that
require immediate action) or alarms caused by spills or releases from
an underground storage tank system.
    (d) Training program. Any training program must meet the minimum
requirements of this section and include an evaluation through testing,
a practical demonstration, or another approach acceptable to the
implementing agency. The evaluation component of the training program
must be developed and administered by an independent organization or
the implementing agency or delegated authority.
    (e) Comparable Examination. A comparable examination must, at a
minimum, test the knowledge of the Class A, Class B, or Class C
operators in accordance with the requirements of paragraphs (a), (b),
(c) of this section, as applicable. The examination must be developed
and administered by an independent organization or the implementing
agency or delegated authority.

Sec.  280.243  Timing of operator training.

    (a) An owner and operator must ensure that designated Class A,
Class B, and Class C operators meet requirements in Sec.  280.242
according to the following schedule:

                                     Phase-In Schedule for Operator Training
----------------------------------------------------------------------------------------------------------------
                 Criteria                    Date when operator training or comparable  examination is required
----------------------------------------------------------------------------------------------------------------
One or more USTs at the facility were      [1 year after effective date of rule].
 installed on or before 12/22/1988.
No USTs at the facility were installed on  [2 years after effective date of rule].
 or before 12/22/1988 and at least one
 UST at the facility was installed on or
 before 12/22/1998.
All USTs at the facility were installed    [3 years after effective date of rule].
 after 12/22/1998.
----------------------------------------------------------------------------------------------------------------

     (b) Class A and Class B operators designated after the applicable
effective date indicated in the schedule above must meet requirements
in Sec.  280.242 within 30 days of assuming duties.
    (c) Class C operators designated after the applicable effective
date indicated in the schedule above must be trained before assuming
duties of a Class C operator.

Sec.  280.244  Retraining.

    Class A and Class B operators of UST systems determined by the
implementing agency to be out of compliance must complete a training
program or comparable examination in accordance with requirements in
Sec.  280.242. At a minimum, the training must cover the area(s)
determined to be out of compliance. UST system owners and operators
must ensure Class A and Class B operators are retrained pursuant to
this section no later than 30 days from the date the implementing
agency determines the facility is out of compliance except in one of
the following situations:
    (a) Class A and Class B operators take annual refresher training.
Refresher training for Class A and Class B operators must cover all
applicable requirements in Sec.  280.242, or
    (b) The implementing agency, at its discretion, grants a waiver of
this retraining requirement to either the Class A or Class B operator
or both.

Sec.  280.245  Documentation.

    Owners and operators of underground storage tank systems must
maintain a list of designated Class A, Class B, and Class C operators
and maintain records verifying that training and retraining, as
applicable, have been completed, in accordance with Sec.  280.34 as
follows:
    (a) The list must:
    (1) Identify all Class A, Class B, and Class C operators at the
facility over the last three years; and
    (2) Include names, class of operator trained, date assumed duties,
date each completed initial training, and any retraining.
    (b) Records verifying completion of training or retraining must be
a paper or electronic record for Class A, Class B, and Class C
operators. The records, at a minimum, must identify name of trainee,
date trained, and operator training class completed. Owners and
operators must maintain these records for as long as Class A, Class B,
and Class C operators are designated. The following requirements also
apply to the following types of training:
    (1) Records from classroom or field training programs or a
comparable examination must, at a minimum, be signed by the trainer or
examiner and list the printed name of the trainer or examiner and the
company name, address, and phone number;
    (2) Records from computer-based training must, at a minimum,
indicate the name of the training program and web address, if Internet-
based; and
    (3) Records of retraining must include those areas on which the
Class A or Class B operator has been retrained.
    37. Appendix III to Part 280 is revised to read as follows:

Appendix III to Part 280--Statement for Shipping Tickets and Invoices

    Note. A federal law (the Solid Waste Disposal Act, as amended),
requires owners of certain underground storage tanks to notify
implementing agencies of the existence of their tanks. Notifications
must be made within 30 days of bringing the tank into use. Consult
EPA's regulations at 40 CFR 280.22 to determine if you are affected
by this law.

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BILLING CODE 6560-50-C

PART 281--APPROVAL OF STATE UNDERGROUND STORAGE TANK PROGRAMS

    38. Revise Part 281 to read as follows:

PART 281--APPROVAL OF STATE UNDERGROUND STORAGE TANK PROGRAMS

Subpart A--Purpose, General Requirements and Scope
Sec.
281.10 Purpose.
281.11 General requirements.
281.12 Scope and definitions.
Subpart B--Components of a Program Application
Sec.
281.20 Program application.
281.21 Description of state program.
281.22 Procedures for adequate enforcement.
281.23 Memorandum of agreement.
281.24 Attorney General's statement.
Subpart C--Criteria for No Less Stringent
Sec.
281.30 New UST system design, construction, installation, and
notification.
281.31 Upgrading existing UST systems.
281.32 General operating requirements.
281.33 Release detection.
281.34 Release reporting, investigation, and confirmation.
281.35 Release response and corrective action.
281.36 Out-of-service UST systems and closure.
281.37 Financial responsibility for UST systems containing
petroleum.
281.38 Lender liability.
281.39 Operator training.
Subpart D--Adequate Enforcement of Compliance
Sec.
281.40 Requirements for compliance program and authority.
281.41 Requirements for enforcement authority.
281.42 Requirements for public participation.
281.43 Sharing of information.
Subpart E--Approval Procedures
Sec.
281.50 Approval procedures for state programs.
281.51 Revision of approved state programs.
Subpart F--Withdrawal of Approval of State Programs
Sec.
281.60 Criteria for withdrawal of approval of state programs.
281.61 Procedures for withdrawal of approval of state programs.

    Authority: Sections 2002, 9004, 9005, 9006 of the Solid Waste
Disposal Act, as amended by the Resource Conservation and Recovery
Act of 1976, as amended (42 U.S.C. 6912, 6991(c), (d), (e)).

Subpart A--Purpose, General Requirements and Scope

Sec.  281.10  Purpose.

    (a) This part specifies the requirements that state programs must
meet for approval by the Administrator under Sec.  9004 of the Solid
Waste Disposal Act, and the procedures EPA will follow in approving,
revising and withdrawing approval of state programs.
    (b) State submissions for program approval must be in accordance
with the procedures set out in this part.
    (c) A state may apply for approval under this part at any time
after the promulgation of release detection, prevention, and corrective
action regulations under Sec.  9003 of the Solid Waste Disposal Act.
    (d) Any state program approved by the Administrator under this part
shall at all times be conducted in accordance with the requirements of
this part.

Sec.  281.11  General Requirements.

    (a) State Program Elements. The following substantive elements of a
state program must be addressed in a state application for approval:
    (1) Requirements for all existing and new underground storage
tanks:
    (i) New UST systems (design, construction, installation, and
notification);
    (ii) Upgrading of existing UST systems;
    (iii) General operating requirements;
    (iv) Release detection;
    (v) Release reporting, investigation, and confirmation;
    (vi) Out-of-service USTs and closure;
    (vii) Release response and corrective action;
    (viii) Financial responsibility for UST systems containing
petroleum; and
    (ix) Operator training.
    (2) Provisions for adequate enforcement of compliance with the
above program elements.
    (b) Final Approval. The state must demonstrate that its
requirements under each state program element for existing and new UST
systems are no less stringent than the corresponding federal
requirements as set forth in subpart C of this part. The state must
also demonstrate that it has a program that provides adequate
enforcement of compliance with these requirements.
    (c) States with programs approved under this part are authorized to
administer the state program in lieu of the federal program and will
have primary enforcement responsibility with respect to the
requirements of the approved program. EPA retains authority to take
enforcement action in approved states as necessary and will notify the
designated lead state agency of any such intended action.

Sec.  281.12  Scope and Definitions.

    (a) Scope
    (1) The Administrator may approve either partial or complete state
programs. A ``partial'' state program regulates either solely UST
systems containing petroleum or solely UST systems containing hazardous
substances. If a ``partial'' state program is approved, EPA will
administer the remaining part of the program. A ``complete'' state
program regulates both petroleum and hazardous substance tanks.
    (2) EPA will administer the UST program in Indian country, except
where Congress has clearly expressed an intention to grant a state
authority to regulate petroleum and hazardous substance USTs in Indian
country. In either case, this decision will not impair a state's
ability to obtain program approval for petroleum and/or hazardous
substances in non-Indian country in accordance with this part.
    (3) Nothing in this subpart precludes a state from:
    (i) Adopting or enforcing requirements that are more stringent or
more extensive than those required under this part; or
    (ii) Operating a program with a greater scope of coverage than that
required under this part. Where an approved state program has a greater
scope of coverage than required by federal law, the additional coverage
is not part of the federally-approved program.
    (b) Definitions
    (1) The definitions in part 280 apply to this entire part.
    (2) For the purposes of this part the term ``final approval'' means
the approval received by a state program that meets the requirements in
Sec.  281.11(b).

Subpart B--Components of a Program Application

Sec.  281.20  Program Application.

    Any state that seeks to administer a program under this part must
submit an application containing the following parts:
    (a) A transmittal letter from the Governor of the state requesting
program approval;
    (b) A description in accordance with Sec.  281.21 of the state
program and operating procedures;
    (c) A demonstration of the state's procedures to ensure adequate
enforcement;

    (d) A Memorandum of Agreement outlining roles and responsibilities
of EPA and the implementing agency;
    (e) An Attorney General's statement in accordance with Sec.  281.25
certifying to applicable state authorities; and
    (f) Copies of all applicable state statutes and regulations.

    Note to Sec.  281.20: EPA has designed an optional application
form that is available for use by state applicants.

Sec.  281.21  Description of State Program.

    A state seeking to administer a program under this part must submit
a description of the program it proposes to administer under state law
in lieu of the federal program. The description of a state's existing
or planned program must include:
    (a) The scope of the state program:
    (1) whether the state program regulates UST systems containing
petroleum or hazardous substances, or both;
    (2) whether the state program is more stringent or broader in scope
than the federal program, and in what ways; and
    (3) whether the state has any existing authority over Indian lands
or has existing agreements with Indian Tribes relevant to the
regulation of underground storage tanks.
    (b) The organization and structure of the state and local agencies
with responsibility for administering the program. The jurisdiction and
responsibilities of all state and local implementing agencies must be
delineated, appropriate procedures for coordination set forth, and one
state agency designated as a ``lead agency'' to facilitate
communications between EPA and the state.
    (c) Staff resources to carry out and enforce the required state
program elements, both existing and planned, including the number of
employees, agency where employees are located, general duties of the
employees, and current limits or restrictions on hiring or utilization
of staff.
    (d) An existing state funding mechanism to meet the estimated costs
of administering and enforcing the required state program elements, and
any restrictions or limitations upon this funding.

Sec.  281.22  Procedures for Adequate Enforcement.

    A state must submit a description of its compliance monitoring and
enforcement procedures, including related state administrative or
judicial review procedures.

Sec.  281.23  Memorandum of Agreement.

    EPA and the approved state will negotiate a Memorandum of Agreement
(MOA) containing proposed areas of coordination and shared
responsibilities between the state and EPA and separate EPA and state
roles and responsibilities in areas including, but not limited to:
Implementation of partial state programs; enforcement; compliance
monitoring; EPA oversight; and sharing and reporting of information. At
the time of approval, the MOA must be signed by the Regional
Administrator and the appropriate official of the state lead agency.

Sec.  281.24  Attorney General's Statement.

    (a) A state must submit a written demonstration from the Attorney
General that the laws and regulations of the state provide adequate
authority to carry out the program described under Sec.  281.21 and to
meet other requirements of this part. This statement may be signed by
independent legal counsel for the state rather than the Attorney
General, provided that such counsel has full authority to independently
represent the state Agency in court on all matters pertaining to the
state program. This statement must include citations to the specific
statutes, administrative regulations, and where appropriate, judicial
decisions that demonstrate adequate authority to regulate and enforce
requirements for UST systems. State statutes and regulations cited by
the state Attorney General must be fully effective when the program is
approved.
    (b) If a state currently has authority over underground storage
tank activities on Indian country, the statement must contain an
appropriate analysis of the state's authority.

Subpart C--Criteria for No Less Stringent

Sec.  281.30  New UST System Design, Construction, Installation, and
Notification.

    In order to be considered no less stringent than the corresponding
federal requirements for new UST system design, construction,
installation, and notification, the state must have requirements that
ensure all new underground storage tanks, and the attached piping in
contact with the ground and used to convey the regulated substance
stored in the tank, conform to the following:
    (a) Be designed, constructed, and installed in a manner that will
prevent releases for their operating life due to manufacturing defects,
structural failure, or corrosion. Unless the state requires
manufacturer and installer financial responsibility and installer
certification in accordance with Sec.  9003(i)(2) of the Solid Waste
Disposal Act, then the state must meet the following:
    (1) Tanks and piping replaced or installed after the state's
submission of its state program approval or revision application must
use interstitial monitoring within secondary containment in accordance
with Sec.  9003(i)(1) of the Solid Waste Disposal Act.
    (2) Motor fuel dispenser systems installed and connected to an UST
system after the state's submission of its state program approval or
revisions application must be equipped with under-dispenser containment
in accordance with Sec.  9003(i)(1) of the Solid Waste Disposal Act.

    Note to paragraph (a): Codes of practice developed by
nationally-recognized organizations and national independent testing
laboratories may be used to demonstrate that the state program
requirements are no less stringent in this area.;
    (b) Be provided with equipment to prevent spills and tank
overfills when new tanks are installed or existing tanks are
upgraded, unless the tank does not receive more than 25 gallons at
one time. Flow restrictors used in vent lines are not allowable
forms of overfill prevention when overfill prevention is installed
or replaced after the state applies for state program approval or
revision.
    (c) All UST system owners and operators must notify the
implementing state agency of the existence of any new UST system and
adequately notify the implementing state agency within a reasonable
timeframe when assuming ownership of an UST system using a form
designated by the state agency.

Sec.  281.31  Upgrading UST Systems.

    In order to be considered no less stringent than the corresponding
federal upgrading requirements, the state must have requirements that
ensure UST systems installed prior to the state applying for state
program approval or revision meet the requirements of Sec.  281.30; are
upgraded to prevent releases for their operating life due to corrosion,
and spills, and overfills; or are permanently closed with the following
exceptions:
    (a) Upgrade Requirements for Previously Deferred UST Systems.
Previously deferred wastewater treatment tank systems, airport hydrant
fuel distribution systems, and UST systems with field-constructed tanks
where installation commenced before the state's submission of its state
program approval or revision application must, within three years of
the effective date of this section, as amended, or prior to the state's

submission of its state program approval or revision application,
whichever date is later, meet the requirements of Sec.  281.30 or be
permanently closed.
    (b) Upgrade Requirements for Other UST Systems. States may allow
UST systems to be upgraded if the state determines that the upgrade is
appropriate to prevent releases for the operating life of the UST
system due to corrosion and spill or overfills.

Sec.  281.32  General Operating Requirements.

    In order to be considered no less stringent than the corresponding
federal general operating requirements, the state must have
requirements that ensure all new and existing UST systems conform to
the following:
    (a) Prevent spills and overfills by ensuring that the space in the
tank is sufficient to receive the volume to be transferred and that the
transfer operation is monitored constantly;
    (b) Where equipped with cathodic protection, be operated and
maintained by a person with sufficient training and experience in
preventing corrosion, and in a manner that ensures that no releases
occur during the operating life of the UST system;

    Note to paragraph (b): Codes of practice developed by
nationally-recognized organizations and national independent testing
laboratories may be used to demonstrate the state program
requirements are no less stringent.
    (c) Be made of or lined with materials that are compatible with
the substance stored;
    (d) At the time of upgrade or repair, be structurally sound and
upgraded or repaired in a manner that will prevent releases due to
structural failure or corrosion during their operating lives;
    (e) Have spill and overfill prevention equipment periodically
tested in a manner and frequency that ensures its functionality for
the operating life of the equipment and have the integrity of
secondary containment periodically tested in a manner and frequency
that prevents releases during the operating life of the UST system,
except on equipment not required to be tested by 40 CFR part 280.
    (f) Have operation and maintenance walkthrough inspections
periodically conducted in a manner and frequency that ensures proper
operation and maintenance for the operating life of the UST system.
    (g) Have records of monitoring, testing, repairs, and operation
and maintenance walkthrough inspections. These records must be made
readily available when requested by the implementing agency.

Sec.  281.33  Release Detection.

    In order to be considered no less stringent than the corresponding
federal requirements for release detection, the state must have
requirements that at a minimum ensure all UST systems are provided with
release detection that conforms to the following:
    (a) General Methods. Release detection requirements for owners and
operators must consist of a method, or combination of methods, that is:
    (1) Capable of detecting a release of the regulated substance from
any portion of the UST system that routinely contains regulated
substances--as effectively as any of the methods allowed under the
federal technical standards--for as long as the UST system is in
operation. In comparing methods, the implementing agency shall consider
the size of release that the method can detect and the speed and
reliability with which the release can be detected.
    (2) Designed, installed, calibrated, operated and maintained so
that releases will be detected in accordance with the capabilities of
the method;
    (3) Operated and maintained, and electronic and mechanical
components are tested periodically, in a manner and frequency that
ensures proper operation to detect releases for the operating life of
the release detection equipment.
    (b) Phase-in of requirements. Release detection requirements must,
at a minimum, be applied at all UST systems, except for UST systems
previously deferred under Sec.  280.10(a)(1), prior to the state's
submission of its state program approval or revision application.
Release detection requirements must, at a minimum, be scheduled to be
applied to previously deferred UST systems as follows:
    (1) Immediately when a new previously deferred UST system is
installed, and
    (2) For any wastewater treatment tank system, airport hydrant fuel
distribution system, or UST system with field constructed tanks
installed prior to the state's submission of its state program approval
or revision application, within three years of the effective date of
this section, as amended, or prior to the state's submission of its
state program approval or revision application, whichever date is
later.
    (3) For any UST system that stores fuel solely for the use of
emergency power generators that was installed prior to the state's
submission of its state program approval or revision application,
within one year of the effective date of this section, as amended, or
prior to the state's submission of its state program approval or
revision application, whichever date is later.
    (c) Requirements for Petroleum Tanks. All petroleum tanks must meet
the following requirements:
    (1) All petroleum tanks must be sampled, tested, or checked for
releases at least monthly, except that tanks (that is, tanks and piping
protected from releases due to corrosion and equipped with both spill
and overfill prevention devices) installed prior to the state's
submission of its State Program Approval or revision application may
temporarily use monthly inventory control (or its equivalent) in
combination with tightness testing (or its equivalent) conducted every
five years for the first 10 years after the tank is installed; and
    (2) New or replaced petroleum tanks must use interstitial
monitoring within secondary containment in accordance with Sec.
9003(i)(1) of the Solid Waste Disposal Act except when the state
requires manufacturer and installer financial responsibility and
installer certification in accordance with Sec.  9003(i)(2) of the
Solid Waste Disposal Act.
    (d) Requirements for Petroleum Piping. All underground piping
attached to the tank that routinely conveys petroleum must conform to
the following:
    (1) If the petroleum is conveyed under greater than atmospheric
pressure:
    (i) The piping must be equipped with release detection that detects
a release within an hour by restricting or shutting off flow or
sounding an alarm; and
    (ii) The piping must have monthly monitoring applied or annual
tightness tests conducted.
    (2) If suction lines are used:
    (i) Tightness tests must be conducted at least once every 3 years,
unless a monthly method of detection is applied to this piping; or
    (ii) The piping is designed to allow the contents of the pipe to
drain back into the storage tank if the suction is released and is also
designed to allow an inspector to immediately determine the integrity
of the piping system.
    (3) New or replaced petroleum piping must use interstitial
monitoring within secondary containment in accordance with Sec.
9003(i)(1) of the Solid Waste Disposal Act except when the state
requires evidence of financial responsibility and certification in
accordance with Sec.  9003(i)(2) of the Solid Waste Disposal Act.
    (e) Requirements for Hazardous Substance UST Systems. All hazardous
substance UST systems must use interstitial monitoring within secondary
containment of the tanks and the attached underground piping that
conveys the regulated substance stored in the tank. For hazardous
substance UST systems installed prior to the state's submission of its
state program

approval or revision application, owners and operators can use another
form of release detection if the owner and operator can demonstrate to
the state (or the state otherwise determines) that another method will
detect a release of the regulated substance as effectively as other
methods allowed under the state program for petroleum UST systems and
that effective corrective action technology is available for the
hazardous substance being stored that can be used to protect human
health and the environment.

Sec.  281.34  Release Reporting, Investigation and Confirmation.

    In order to be considered no less stringent than the corresponding
federal requirements for release reporting, investigation, and
confirmation, the state must have requirements that ensure all owners
and operators conform with the following:
    (a) Promptly investigate all suspected releases, including:
    (1) When unusual operating conditions, release detection signals
and environmental conditions at the site suggest a release of regulated
substances may have occurred or the interstitial space may have been
compromised; and
    (2) When required by the implementing agency to determine the
source of a release having an impact in the surrounding area; and
    (b) Promptly report all confirmed underground releases and any
spills and overfills that are not contained and cleaned up.
    (c) Ensure that all owners and operators contain and clean up
unreported spills and overfills in a manner that will protect human
health and the environment.

Sec.  281.35  Release Response and Corrective Action.

    In order to be considered no less stringent than the corresponding
federal requirements for release response and corrective action, the
state must have requirements that ensure:
    (a) All releases from UST systems are promptly assessed and further
releases are stopped;
    (b) Actions are taken to identify, contain and mitigate any
immediate health and safety threats that are posed by a release (such
activities include investigation and initiation of free product
removal, if present);
    (c) All releases from UST systems are investigated to determine if
there are impacts on soil and ground water, and any nearby surface
waters. The extent of soil and ground-water contamination must be
delineated when a potential threat to human health and the environment
exists.
    (d) All releases from UST systems are cleaned up through soil and
ground water remediation and any other steps, as necessary to protect
human health and the environment;
    (e) Adequate information is made available to the state to
demonstrate that corrective actions are taken in accordance with the
requirements of paragraphs (a) through (d) of this section. This
information must be submitted in a timely manner that demonstrates its
technical adequacy to protect human health and the environment; and
    (f) In accordance with Sec.  280.67, the state must notify the
affected public of all confirmed releases requiring a plan for soil and
ground water remediation, and upon request provide or make available
information to inform the interested public of the nature of the
release and the corrective measures planned or taken.

Sec.  281.36  Out-of-Service UST Systems and Closure.

    In order to be considered no less stringent than the corresponding
federal requirements for temporarily closed UST systems and permanent
closure, the state must have requirements that ensure UST systems
conform with the following:
    (a) Removal from Service. All new and existing UST systems
temporarily closed must:
    (1) Continue to comply with general operating requirements, release
reporting and investigation, and release response and corrective
action;
    (2) Continue to comply with release detection requirements if
regulated substances are stored in the tank;
    (3) Be closed off to outside access; and
    (4) Be permanently closed if the UST system has not been protected
from corrosion and has not been used in one year, unless the state
approves an extension after the owner and operator conducts a site
assessment.
    (b) Permanent Closure of UST Systems. All tanks and piping must be
cleaned and permanently closed in a manner that eliminates the
potential for safety hazards and any future releases. The owner or
operator must notify the state of permanent UST system closures. The
site must also be assessed to determine if there are any present or
were past releases, and if so, release response and corrective action
requirements must be complied with.
    (c) All UST systems taken out of service before the effective date
of the federal regulations must permanently close in accordance with
paragraph (b) of this section when directed by the implementing agency.

Sec.  281.37  Financial Responsibility for UST Systems Containing
Petroleum.

    (a) In order to be considered no less stringent than the federal
requirements for financial responsibility for UST systems containing
petroleum, the state requirements for financial responsibility for
petroleum UST systems must ensure that:
    (1) Owners and operators have $1 million per occurrence for
corrective action and third-party claims in a timely manner to protect
human health and the environment;
    (2) Owners and operators not engaged in petroleum production,
refining, and marketing and who handle a throughput of 10,000 gallons
of petroleum per month or less have $500,000 per occurrence for
corrective action and third-party claims in a timely manner to protect
human health and the environment;
    (3) Owners and operators of 1 to 100 petroleum USTs must have an
annual aggregate of $1 million; and
    (4) Owners and operators of 101 or more petroleum USTs must have an
annual aggregate of $2 million.
    (b) States may allow the use of a wide variety of financial
assurance mechanisms to meet this requirement. Each financial mechanism
must meet the following criteria in order to be no less stringent than
the federal requirements. The mechanism must: Be valid and enforceable;
be issued by a provider that is qualified or licensed in the state; not
permit cancellation without allowing the state to draw funds; ensure
that funds will only and directly be used for corrective action and
third party liability costs; and require that the provider notify the
owner or operator of any circumstances that would impair or suspend
coverage.
    (c) States must require owners and operators to maintain records
that demonstrate compliance with the state financial responsibility
requirements, and these records must be made readily available when
requested by the implementing agency.

Sec.  281.38  Lender Liability.

    (a) A state program that contains a security interest exemption
will be considered to be no less stringent than, and as broad in scope
as, the federal program provided that the state's exemption:
    (1) Mirrors the security interest exemption provided for in 40 CFR
part 280, subpart I; or
    (2) Achieves the same effect as provided by the following key
criteria:
    (i) A holder, meaning a person who maintains indicia of ownership
primarily to protect a security interest in

a petroleum UST or UST system or facility or property on which a
petroleum UST or UST system is located, who does not participate in the
management of the UST or UST system as defined under Sec.  280.10 of
this chapter, and who does not engage in petroleum production,
refining, and marketing as defined under Sec.  280.200(b) of this
chapter is not:
    (A) An ``owner'' of a petroleum UST or UST system or facility or
property on which a petroleum UST or UST system is located for purposes
of compliance with the requirements of 40 CFR part 280; or
    (B) An ``operator'' of a petroleum UST or UST system for purposes
of compliance with the requirements of 40 CFR part 280, provided the
holder is not in control of or does not have responsibility for the
daily operation of the UST or UST system.
    (ii) [Reserved]
    (b) [Reserved]

Sec.  281.39  Operator Training.

    In order to be considered no less stringent than the corresponding
federal requirements for operator training, the state must have an
operator training program that meets the minimum requirements of Sec.
9010 of the Solid Waste Disposal Act.

Subpart D--Adequate Enforcement of Compliance

Sec.  281.41  Requirements for Enforcement Authority.

    (a) Any state agency administering a program must have the
authority to implement the following remedies for violations of state
program requirements:
    (1) To restrain immediately and effectively any person by order or
by suit in state court from engaging in any unauthorized activity that
is endangering or causing damage to public health or the environment;
    (2) To sue in courts of competent jurisdiction to enjoin any
threatened or continuing violation of any program requirement;
    (3) To assess or sue to recover in court civil penalties as
follows:
    (i) Civil penalties for failure to notify or for submitting false
information pursuant to tank notification requirements must be capable
of being assessed up to $5,000 or more per violation.
    (ii) Civil penalties for failure to comply with any state
requirements or standards for existing or new tank systems must be
capable of being assessed for each instance of violation, up to $5,000
or more for each tank for each day of violation. If the violation is
continuous, civil penalties shall capable of being assessed up to
$5,000 or more for each day of violation.
    (4) To prohibit the delivery, deposit, or acceptance of a regulated
substance into an underground storage tank identified by the state to
be ineligible for such delivery, deposit, or acceptance in accordance
with Sec.  9012 of the Solid Waste Disposal Act.
    (b) The burden of proof and degree of knowledge or intent required
under state law for establishing violations under paragraph (a)(3) of
this section, must be no greater than the burden of proof or degree of
knowledge or intent that EPA must provide when it brings an action
under Subtitle I of the Solid Waste Disposal Act.
    (c) A civil penalty assessed, sought, or agreed upon by the state
enforcement agency(ies) under paragraph (a)(3) of this section must be
appropriate to the violation.

Sec.  281.42  Requirements for Public Participation.

    Any state administering a program must provide for public
participation in the state enforcement process by providing any one of
the following three options:
    (a) Authority that allows intervention analogous to Federal Rule
24(a)(2), and assurance by the appropriate state enforcement agency
that it will not oppose intervention under the state analogue to Rule
24(a)(2) on the ground that the applicant's interest is adequately
represented by the State.
    (b) Authority that allows intervention as of right in any civil
action to obtain the remedies specified in 281.41 by any citizen having
an interest that is or may be adversely affected; or
    (c) Assurance by the appropriate state agency that:
    (1) It will provide notice and opportunity for public comment on
all proposed settlements of civil enforcement actions (except where
immediate action is necessary to adequately protect human health and
the environment);
    (2) It will investigate and provide responses to citizen complaints
about violations; and
    (3) It will not oppose citizen intervention when permissive
intervention is allowed by statute, rule, or regulation.

Sec.  281.43  Sharing of Information.

    (a) States with approved programs must furnish EPA, upon request,
any information in state files obtained or used in the administration
of the state program. This information includes:
    (1) Any information submitted to the state under a claim of
confidentiality. The state must submit that claim to EPA when providing
such information. Any information obtained from a state and subject to
a claim of confidentiality will be treated in accordance with federal
regulations in 40 CFR part 2; and
    (2) Any information that is submitted to the state without a claim
of confidentiality. EPA may make this information available to the
public without further notice.
    (b) EPA must furnish to states with approved programs, upon
request, any information in EPA files that the state needs to
administer its approved state program. Such information includes:
    (1) Any information that is submitted to EPA without a claim of
confidentiality; and
    (2) Any information submitted to EPA under a claim of
confidentiality, subject to the conditions in 40 CFR part 2.

Subpart E--Approval Procedures

Sec.  281.50  Approval Procedures for State Programs.

    (a) The following procedures are required for all applications,
regardless of whether the application is for a partial or complete
program, as defined in Sec.  281.12, or final approval in accordance
with Sec.  281.11.
    (b) Before submitting an application to EPA for approval of a state
program, the state must provide an opportunity for public notice and
comment in the development of its underground storage tank program.
    (c) When EPA receives a state program application, EPA will examine
the application and notify the state whether its application is
complete, in accordance with the application components required in
Sec.  281.20. The 180-day statutory review period begins only after EPA
has determined that a complete application has been received.
    (d) The state and EPA may by mutual agreement extend the review
period.
    (e) After receipt of a complete program application, the
Administrator will tentatively determine approval or disapproval of the
state program. EPA shall issue public notice of the tentative
determination in the Federal Register; in enough of the largest
newspapers in the state to attract statewide attention; and to persons
on the state agency mailing list and any other persons who the agency
has reason to believe are interested. Notice of the tentative
determination must also:
    (1) Afford the public 30 days after the notice to comment on the
state's application and the Administrator's tentative determination;
and

    (2) Include a general statement of the areas of concern, if the
Administrator indicates the state program may not be approved; and
    (3) Note the availability for inspection by the public of the state
program application; and
    (4) Indicate that a public hearing will be held by EPA no earlier
than 30 days after notice of the tentative determination unless
insufficient public interest is expressed, at which time the Regional
Administrator may cancel the public hearing.
    (f) Within 180 days of receipt of a complete state program
application, the Administrator must make a final determination whether
to approve the state program after review of all public comments. EPA
will give notice of its determination in the Federal Register and
codify the approved state program. The notice must include a statement
of the reasons for this determination and a response to significant
comments received.

Sec.  281.51  Revision of Approved State Programs.

    (a) Either EPA or the approved state may initiate program revision.
Program revision may be necessary when the controlling federal or state
statutory or regulatory authority is changed or when responsibility for
the state program is shifted to a new agency or agencies. The state
must inform EPA of any proposed modifications to its basic statutory or
regulatory authority or change in division of responsibility among
state agencies. EPA will determine in each case whether a revision of
the approved program is required. Approved state programs must submit a
revised application within three years of any changes to this part that
requires a program revision.
    (b) Whenever the Administrator has reason to believe that
circumstances have changed with respect to an approved state program or
the federal program, the Administrator may request, and the state must
provide, a revised application as prescribed by EPA.
    (c) The Administrator will approve or disapprove program revisions
based on the requirements of this part and of Subtitle I pursuant to
the procedures under this section, or under Sec.  281.50 if EPA has
reason to believe the proposed revision will receive significant
negative comment from the public.
    (1) The Administrator must issue public notice of planned approval
or disapproval of a state program revision in the Federal Register; in
enough of the largest newspapers in the state to attract statewide
attention; and by mailing to persons on the state agency mailing list
and to any other persons who the agency has reason to believe are
interested. The public notice must summarize the state program
revision, indicate whether EPA intends to approve or disapprove the
revision, and provide for an opportunity to comment for a period of 30
days.
    (2) The Administrator's decision on the proposed revision becomes
effective 60 days after the date of publication in the Federal Register
in accordance with paragraph (c)(1) of this section, unless significant
negative comment opposing the proposed revision is received during the
comment period. If significant negative comment is received, EPA must
notify the state and within 60 days after the date of publication,
publish in the Federal Register either:
    (i) A withdrawal of the immediate final decision, which will then
be treated as a tentative decision in accordance with the applicable
procedures of Sec.  281.50(e) and (f); or
    (ii) A notice that contains a response to significant negative
comments and affirms either that the immediate final decision takes
effect or reverses the decision.
    (d) Revised state programs that receive approval must be codified
in the Federal Register.

Subpart F--Withdrawal of Approval of State Programs

Sec.  281.60  Criteria for Withdrawal of Approval of State Programs.

    The Administrator may withdraw program approval when the Agency
determines that a state no longer has adequate regulatory or statutory
authority or is not administering and enforcing an approved program in
accordance with this part. The state must have adequate capability to
administer and enforce the state program. In evaluating whether such
capability exists, the Agency will consider whether the state is
implementing an adequate enforcement program by evaluating the quality
of compliance monitoring and enforcement actions.

Sec.  281.61  Procedures for Withdrawal of Approval of State Programs.

    (a) The following procedures apply when a state with an approved
program voluntarily transfers to EPA those program responsibilities
required by federal law.
    (1) The state must give EPA notice of the proposed transfer, and
submit, at least 90 days before the transfer, a plan for the orderly
transfer of all relevant program information necessary for EPA to
administer the program.
    (2) Within 30 days of receiving the state's transfer plan, EPA must
evaluate the plan and identify any additional information needed by the
federal government for program administration.
    (3) At least 30 days before the transfer is to occur, EPA must
publish notice of the transfer in the Federal Register; in enough of
the largest newspapers in the state to attract statewide attention; and
to persons on appropriate state mailing lists.
    (b) The following procedures apply when the Administrator considers
withdrawing approval.
    (1) When EPA begins proceedings to determine whether to withdraw
approval of a state program (either on its own initiative or in
response to a petition from an interested person), withdrawal
proceedings will be conducted in accordance with procedures set out in
40 CFR 271.23(b) and (c), except for Sec.  271.23(b)(8)(iii) to the
extent that it deviates from requirements under Sec.  281.60.
    (2) If the state fails to take appropriate action within a
reasonable time, not to exceed 120 days after notice from the
Administrator that the state is not administering and enforcing its
program in accordance with the requirements of this part, EPA will
withdraw approval of the state's program.

[FR Doc. 2011-29293 Filed 11-17-11; 8:45 am]
BILLING CODE 6560-50-P


[Federal Register Volume 81, Number 52 (Thursday, March 17, 2016)]
[Notices]
[Page 14436]
[FR Doc No: 2016-06023]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Docket Nos. EL16-43-000; QF16-259-001]

Bright Light Capital, LLC; Notice of Petition for Declaratory
Order

    Take notice that on March 3, 2016, pursuant to Rule 207(a)(2) of
the Federal Energy Regulatory Commission's (Commission) Rules of
Practice and Procedure, 18 CFR 385.207(a)(2) (2015), Bright Light
Capital, LLC (Bright Light or Petitioner), filed a petition for
declaratory order (petition) requesting the Commission grant Bright
Light a limited waiver of the qualifying facility certification
requirement set forth in 18 CFR 292.203(a)(3) (2015) for the period of
April 15, 2006 through December 21, 2015. As part of that waiver,
Bright Light requests that the Commission find that a time value refund
is not required under the specific facts-and-circumstances of this
case, as more fully explained in the petition.
    Any person desiring to intervene or to protest this filing must
file in accordance with Rules 211 and 214 of the Commission's Rules of
Practice and Procedure (18 CFR 385.211, 385.214). Protests will be
considered by the Commission in determining the appropriate action to
be taken, but will not serve to make protestants parties to the
proceeding. Any person wishing to become a party must file a notice of
intervention or motion to intervene, as appropriate. Such notices,
motions, or protests must be filed on or before the comment date.
Anyone filing a motion to intervene or protest must serve a copy of
that document on the Petitioner.
    The Commission encourages electronic submission of protests and
interventions in lieu of paper using the ``eFiling'' link at http://www.ferc.gov. Persons unable to file electronically should submit an
original and 5 copies of the protest or intervention to the Federal
Energy Regulatory Commission, 888 First Street NE., Washington, DC
20426
    This filing is accessible on-line at http://www.ferc.gov, using the
``eLibrary'' link and is available for review in the Commission's
Public Reference Room in Washington, DC. There is an ``eSubscription''
link on the Web site that enables subscribers to receive email
notification when a document is added to a subscribed docket(s). For
assistance with any FERC Online service, please email
<EMAIL_ADDRESS>or call<PHONE_NUMBER> (toll free). For
TTY, call<PHONE_NUMBER>.
    Comment Date: 5:00 p.m. Eastern time on April 11, 2016.

    Dated: March 11, 2016.
Nathaniel J. Davis, Sr.,
Deputy Secretary.
[FR Doc. 2016-06023 Filed 3-16-16; 8:45 am]
BILLING CODE 6717-01-P