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 § 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 § 281.25 certifying to applicable state authorities; and
(f) Copies of all applicable state statutes and regulations.
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 in Indian country 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.
A state must submit a description of its compliance monitoring and enforcement procedures, including related state administrative or judicial review procedures.
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.
(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 § 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 in Indian country, the statement must contain an appropriate analysis of the state's authority.