(a) The State of Vermont is approved to administer and enforce an underground storage tank program in lieu of the Federal program under Subtitle I of the Resource Conservation and Recovery Act of 1976 (RCRA), as amended, 42 U.S.C. 6991 et seq. The State's program, as administered by the Vermont Department of Environmental Conservation (VT DEC), was approved by EPA pursuant to 42 U.S.C. 6991c and 40 CFR part 281. EPA approved the Vermont program on January 3, 1992, which was effective on February 3, 1992.

(b) Vermont has primary responsibility for administering and enforcing its federally approved underground storage tank program. However, EPA retains the authority to exercise its inspection and enforcement authorities under sections 9005 and 9006 of Subtitle I of RCRA, 42 U.S.C. 6991d and 6991e, as well as under any other applicable statutory and regulatory provisions.

(c) To retain program approval, Vermont must revise its approved program to adopt new changes to the Federal Subtitle I program which makes it more stringent, in accordance with section 9004 of RCRA, 42 U.S.C. 6991c and 40 CFR part 281, subpart E. If Vermont obtains approval for the revised requirements pursuant to section 9004 of RCRA, 42 U.S.C. 6991c, the newly approved statutory and regulatory provisions will be added to this subpart and notification of any change will be published in the Federal Register.

(d) Vermont has final approval for the following elements of its program application originally submitted to EPA and approved effective February 3, 1992, and the program revision application approved by EPA, effective on September 12, 2022.

(1) State statutes and regulations—(i) Incorporation by reference. The material cited in this paragraph, and listed in Appendix A to this part, is incorporated by reference as part of the underground storage tank program under Subtitle I of RCRA, 42 U.S.C. 6991 et seq. (See § 282.2 for incorporation by reference approval and inspection information.) You may obtain copies of the Vermont regulations and statutes that are incorporated by reference in this paragraph from Ted Unkles, UST Program Manager, Vermont Department of Environment Conservation, 1 National Life Drive; Davis 1 Montpelier VT 05620-3704; Phone number: 802-522-0488; [email protected]; Hours: Monday to Friday, 8:00 a.m. to 4:30 p.m.; link to statutes and regulations: https://legislature.vermont.gov/statutes/chapter/10/059; https://legislature.vermont.gov/statutes/chapter/10/159; https://dec.vermont.gov/sites/dec/files/wmp/UST/UST-Rules.pdf; https://dec.vermont.gov/sites/dec/files/wmp/Sites/0706.IRULE_.pdf.

(A) EPA-Approved Vermont Statutory and Regulatory Requirements Applicable to the Underground Storage Tank Program, October 2021.

(B) [Reserved]

(ii) Legal basis. EPA evaluated the following statutes and regulations which are part of the approved program, but they are not being incorporated by reference for enforcement purposes, and do not replace Federal authorities:

(A) The statutory provisions include:

(1) Title 10 Vermont Statutes Annotated, Chapter 201, Administrative Environmental Law Enforcement; Sections 8001, 8002, 8003(a)(8) and (a)(12), 8004 through 8008, 8009 through 8016, 8019 through 8021.

(2) Title 10 Vermont Statutes Annotated, Chapter 59, Underground and Aboveground Liquid Storage Tanks, Sections 1931 through 1935.

(3) Title 10 Vermont Statutes Annotated, Chapter 159, Waste Management, Sections 6609, 6610a, and 6612, 6615c, 6615d.

(B) The regulatory provisions include:

(1) Code of Vermont Regulations, Chapter 20, Environmental Administrative Penalty Rules.

(2) Code of Vermont Regulations, Chapter 25, Environmental Citations.

(3) Code of Vermont Rules, 12-032-004. Chapter 8—Vermont Underground Storage Tank Rules, Section 8-502(d).

(iii) Provisions not incorporated by reference. The following specifically identified statutory and regulatory provisions applicable to the Vermont's UST program are broader in scope than the Federal program, are not part of the approved program, and are not incorporated by reference in this section for enforcement purposes:

(A) Title 10 Vermont Statutes Annotated, Chapter 59, Underground and Aboveground Liquid Storage Tanks, Subchapter 1: Underground Storage Tank Regulation. Section 1925, Notice in land records; Section 1927. Regulation of category one tanks, 1927(a), 1927(d); Section 1929. Regulation of large heating oil tanks; Section 1929a. Standards for aboveground storage tanks; Section 1929b. Regulation of heating oil tanks at public buildings; Section 1930. Implementation; coordination, Section 1930(b) and (c); Section 1936. Licensure of tank inspectors; Subchapter 2: Underground Storage Tank Assistance Program. Sections 1938 through 1944; Title 10 Vermont Statutes Annotated, Chapter 159, Waste Management, Subchapter 1: General Provisions, except Sections 6601, 6602(16)(A)(i), (ii) and (iv), 6615, 6615a, 6615b, 6616, and 6617.

(B) Code of Vermont Rules, 12-032-004. Chapter 8—Vermont Underground Storage Tank Rules, Subchapter 1: General Provisions, Section 8-102. Purpose and Applicability, as it applies to “install, remove, repair, or test;” Section 8-103. Release Prohibition, Reporting, Emergency Response, the wording in 8-103(b), “owner of the land on which the underground storage tank system is located, transporter of fuel, etc.” as it applies to any person being responsible for immediately reporting a release, and 8-103(g); Section 8-106. Fees; Section 8-107. Severability; Section 8-108. Variances; Section 8-109. Transfer of Ownership, Operation; Permits, Notification of Rules, Section 8-109(a); Subchapter 3: Registration (Notification), Permits, and Operator Training, Section 8-301. Applicability, 8-301(a)(1)(A), (a)(1)(B), (a)(2)(B), 8-301(b)(2), 8-301(c); Section 8-302. Registration, 8-302(a)(1)(C) and 8-302(c); Section 8-303, Permits for Category One Underground Storage Tank Systems, except 8-303(f); Section 8-304. Recording Underground Storage Tank Systems in Municipal Land Records; Subchapter 4: Design, Manufacturing, And Installation Standards for Underground Storage Tank Systems, Section 8-402. Prohibitions, 8-402(a) and (b); Section 8-405. Piping Standards, 8-405(b), (d)(2), and (e); Section 8-406. Spill Containment & Overfill Prevention Measures and Equipment, 8-406(c) and (d); Section 8-407. Scheduling Installations of Underground Storage Tank Systems, 8-407(a)(1); Subchapter 5: Operating Standards for Underground Storage Tanks, Section 8-503. Spill and Overfill Prevention; Monitoring of Deliveries, 8-503(a) and (b); Section 8-506. Release Detection Requirements for Tanks, 8-506(c)(1)(F); Section 8-508. Underground Storage Tank System Repairs, 8-508(c)(9)(B), (C) and (D); 8-508(g); Section 8-511. Testing of Sumps, Spill Containment, and Overfill Prevention Devices, 8-511(c); Subchapter 6: Out-Of-Service, Continued Use, And Closure Standards for Underground Storage Tank Systems, Section 8-601. Applicability, 8-601(c) and (d); Section 8-604. Closure of Underground Storage Tank Systems, the words “or three” in 8-604(g) as it applies to category three systems, 8-604(h)(3), and 8-604(i), with respect to the Secretary's issuance of an amended permit; Code of Vermont Rules 12-032-008. Chapter 35—Investigation and Remediation of Contaminated Properties Rule, Subchapter 1: General Provisions, Section 35-103. Severability; Section 35-107. Historical Fill Exemption; Subchapter 5: Response Actions; Releases of Heating Fuels; Subchapter 8: Contaminated Soil, Section 35-805. Development Soils; Subchapter 11. Requests for Reimbursement for Municipal Water Line Extensions from the Petroleum Cleanup or Environmental Contingency Funds; and other provisions of Chapter 35, insofar as they do not relate to underground storage tanks and with respect to underground storage tanks insofar as they are broader in scope than the federal requirements.

(2) Statement of legal authority. The Attorney General's Statements, signed by the Attorney General of Vermont on April 11, 1991, and October 30, 2020, though not incorporated by reference, are referenced as part of the approved underground storage tank program under Subtitle I of RCRA, 42 U.S.C. 6991 et seq.

(3) Demonstration of procedures for adequate enforcement. The “Demonstration of Procedures for Adequate Enforcement” submitted as part of the original application in May 1991, and as part of the program revision application for approval on December 22, 2020, though not incorporated by reference, is referenced as part of the approved underground storage tank program under Subtitle I of RCRA, 42 U.S.C. 6991 et seq.

(4) Program description. The program description and any other material submitted as part of the original application in May 1991, and as part of the program revision application on December 22, 2020, though not incorporated by reference, are referenced as part of the approved underground storage tank program under Subtitle I of RCRA, 42 U.S.C. 6991 et seq.

(5) Memorandum of Agreement. The Memorandum of Agreement between EPA Region 1 and the Vermont Department of Environmental Conservation, signed by the EPA Regional Administrator on October 10, 2018, though not incorporated by reference, is referenced as part of the approved underground storage tank program under Subtitle I of RCRA, 42 U.S.C. 6991 et seq.

[87 FR 42081, July 14, 2022]