(a) History of the approval of Minnesota's program. The State of Minnesota 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 Minnesota Pollution Control Agency, was approved by EPA pursuant to 42 U.S.C. 6991c and part 281 of this chapter. EPA approved the Minnesota program on November 30, 2001, and approval was effective on December 31, 2001. A subsequent program revision application was approved by EPA and became effective on November 10, 2025.

(b) Enforcement authority. Minnesota 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, regardless of whether the State has taken its own actions, as well as under any other applicable statutory and regulatory provisions.

(c) Retaining program approval. To retain program approval, Minnesota must revise its approved program to adopt new changes to the Federal Subtitle I program which make it more stringent, in accordance with section 9004 of RCRA, 42 U.S.C. 6991c,and,subpart. If Minnesota obtains approval for the revised requirements pursuant to section 9004 of RCRA, 42 U.S.C. 6991c,the.

(d) Final program approval. Minnesota has final approval for the following elements of its program application originally submitted to EPA and approved on November 30, 2001, and effective December 31, 2001, and the program revision application approved by EPA, effective on November 10, 2025:

(1) State statutes and regulations—(i) Incorporation by reference. The material cited in this paragraph (d)(1)(i), and listed in appendix A to part 282, is incorporated by reference as part of the underground storage tank program under subtitle I of RCRA, 42 U.S.C. 6991 et seq. The Director of the Federal Register approves this incorporation by reference in accordance with 5 U.S.C. 552(a) and 1 CFR part 51. For the availability of this information at the National Archives and Records Administration and at the EPA, see § 282.2(b). You may obtain copies of the Minnesota regulations and statutes that are incorporated by reference in this paragraph from the Minnesota Legislature, Office of the Revisor of Statutes website at: https://www.revisor.mn.gov/statutes/ for Statutes and https://www.revisor.mn.gov/rules/ for Rules, or from the Minnesota Pollution Control Agency, https://www.pca.state.mn.us/, 520 Lafayette Road N, St. Paul, MN 55155-4194.

(A) EPA-Approved Minnesota Regulatory Requirements Applicable to the Underground Storage Tank Program, May 2025.

(B) EPA-Approved Minnesota Statutory Requirements Applicable to the Underground Storage Tank Program, May 2025.

(ii) Legal basis. EPA evaluated the following statutes and regulations, which provide the legal basis for the State's implementation of the underground storage tank program, but they are not being incorporated by reference for enforcement purposes and do not replace Federal authorities.

(A) Minn. R. Civ. P. 24.

(B) Minn. R. 7045.0275, Management of Hazardous Waste Spills.

(C) Minn. R. 7060.0100, Purpose.

(D) Minn. R. 7060.0200, Policy.

(E) Minn. R. 7060.0300, Definitions.

(F) Minn. R. 7060.0400, Uses of Underground Waters.

(G) Minn. R. 7060.0500, Nondegradation Policy.

(H) Minn. R. 7060.0700, Severability.

(I) Minn. R 7060.0900, Variance.

(J) Minn. Stat. section 115.061, Duty to Notify; Avoiding Water Pollution.

(K) Minn. Stat. section 115.071, Enforcement.

(L) Minn. Stat. section 115B.17, State Response to Releases.

(M) Minn. Stat. section 115B.18, Failure to Take Requested Actions; Civil Penalties; Action to Compel Performance; Injunctive Relief, subd. 4.

(N) Minn. Stat. section 115C.01, Citation.

(O) Minn. Stat. section 115C.021, Responsible Person.

(P) Minn. Stat. section 115C.03, Response to Releases, subd. 1, 2-7, 7a, 8-10.

(Q) Minn. Stat. section 115C.04, Liability for Response Costs.

(R) Minn. Stat. section 115C.045, Kickbacks.

(S) Minn. Stat. section 115C.05, Civil Penalty.

(T) Minn. Stat. section 115C.06, Effect on Other Law.

(U) Minn. Stat. section 115C.07, Petroleum Tank Release Compensation Board.

(V) Minn. Stat. section 115C.08, Petroleum Tank Fund.

(W) Minn. Stat. section 115C.09, Reimbursement.

(X) Minn. Stat. section 115C.093, Corrective Action; Performance Audits.

(Y) Minn. Stat. section 115C.094, Abandoned Underground Storage Tanks.

(Z) Minn. Stat. section 115C.10, Funding Agency Actions.

(AA) Minn. Stat. section 115C.11, Consultants and Contractors; Sanctions.

(BB) Minn. Stat. section 115C.112, Consultant and Contractor Sanctions; Actions Based on Conduct Occuring On and After March 14, 1996.

(CC) Minn. Stat. section 115C.113, Orders.

(DD) Minn. Stat. section 115C.12, Appealing Reimbursement Determination.

(EE) Minn. Stat. chapter 115E.

(FF) Minn. Stat. section 116.072, Administrative Penalties.

(GG) Minn. Stat. section 116.091, Systems and Facilities, subd. 3.

(HH) Minn. Stat. section 116.49, Environmental Protection Requirements, subd. 1, 1a, 2.

(II) Minn. Stat. section 13.7411, Pollution Control and Environmental Quality Data Coded Elsewhere.

(JJ) Minn. Stat. section 299F.011, State Fire Code; Administration and Enforcement.

(KK) Minn. Stat. section 299F.19, Flammable Liquids and Explosives.

(iii) Provisions not incorporated by reference. The following statutory and regulatory provisions are broader in scope than the Federal program, are not part of the approved program, and are not incorporated by reference herein.

(A) Minn. R. 7150.0010, Applicability, subp. 2(H), in part as to “of 1,100 gallons or less capacity.”

(B) Minn. R. 7150.0010, Applicability, subp. 5.

(C) Minn. R. 7150.0030, Definitions, subp. 1, in part as to “Terms that are not specifically defined have the meanings given in Minnesota Statutes, sections 115.01, 115C.02, and 116.46.”

(D) Minn. R. 7150.0030, Definitions, subp. 50a, in part as to “or other potentially harmful substance.”

(E) Minn. R. 7150.0030, Definitions, subp. 51(A)(1), in part as to “or other potentially harmful substance.”

(F) Minn. R. 7150.0090, Notification and Certification, subp. 2-4, in part as to “dispensers.”

(G) Minn. R. 7150.0090, Notification and Certification, subp. 9.

(H) Minn. R. 7150.0216, Operating, Maintaining, and Testing UST Systems, subp. 1(B).

(I) Minn. R. 7060.0600, Standards, subp. 1, 2, and 5-8.

(J) Minn. Stat. section 115C.02, Definitions, subd. 10 and 10a.

(K) Minn. Stat. section 116.46, Definitions, subd. 1a, 7a, 7b, and 10.

(L) Minn. Stat. section 116.47(2), Exemptions, in part as to “of 1,100 gallons or less capacity.”

(M) Minn. Stat. section 116.47(10), Exemptions.

(N) Minn. Stat. section 116.48, Notification Requirements, subd. 1(b) and 4.

(O) Minn. Stat. section 116.48, Notification Requirements, subd. 2, 3, 5, and 6 in part as they apply to aboveground storage tanks.

(P) Minn. Stat. section 116.49, Environmental Protection Requirements, subd. 3 and 4.

(2) Statement of legal authority. The Attorney General's “State Underground Storage Tank Program Authorization” Letter, signed by the Minnesota Attorney General on April 17, 2023, 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.

(3) Demonstration of procedures for adequate enforcement. The “Demonstration of Adequate Enforcement Procedures” Letter, dated January 2022 and submitted as part of the program revision application, 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 program revision application on August 22, 2023, 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 5 and the State of Minnesota's Minnesota Pollution Control Agency, signed by the EPA Regional Administrator on December 21, 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.