RSA 146-C:9 · Rulemaking

146-C:9 Rulemaking. – The commissioner shall adopt rules, under RSA 541-A, relative to:

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I.

Procedures, forms, and information required for registration of underground storage facilities, as authorized by RSA 146-C:3.

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II.

Procedures, forms, and criteria for issuing and renewing permits, as authorized by RSA 146-C:4. Criteria for permits shall include, but not be limited to:

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(a)

Minimum standards for repairing an underground steel tank.

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(b)

Tank replacement schedules.

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(c)

Tank testing schedules.

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(d)

Minimum standards for new underground tanks.

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(e)

Standards for fiberglass, fiberglass clad, and steel tanks.

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(f)

Standards for leak monitoring at underground storage facilities.

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(g)

Minimum standards for secondary containment for underground storage facilities.

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(h)

Minimum standards for piping systems at underground storage facilities.

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(i)

Procedures for the temporary and permanent closure of underground storage facilities.

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(j)

Technical and procedural alternatives and exemptions.

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III.

Requirements for recordkeeping, as authorized by RSA 146-C:5, I.

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IV.

Procedures for conducting inspections or investigations, as authorized by RSA 146-C:5, II.

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V.

Procedures, forms, and criteria for approving plans for new underground storage facility construction and installation, as authorized by RSA 146-C:7.

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VI.

Criteria for determining what constitutes a facility under this chapter including, but not limited to, tank size and capacity. VI-a. Criteria for determining whether any material is a hazardous substance as defined in this chapter and procedures for such designation.

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VII.

Criteria for demonstrating financial responsibility for ownership and operation of underground storage facilities.

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VIII.

Acceptance and distribution of funds from the leaking underground storage tank trust fund established pursuant to 26 U.S.C. section 9508.

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IX.

[Repealed.]

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X.

Procedures and criteria for mitigation and prevention of damage due to a discharge from an underground storage facility.

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XI.

Procedures and criteria for responding to and reporting a discharge from an underground storage facility.

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XII.

Procedures for conducting tank testing, including qualifications of persons conducting tank testing.

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XIII.

The exemptions and liability limitations for holders and fiduciaries. Source. 1986, 182:1. 1988, 249:11. 1990, 3:75; 208:8. 1991, 92:38, 39. 1993, 323:8. 1996, 228:110. 2003, 187:6, II, eff. July 1, 2003.

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