---
kind: "section"
citation: "40 C.F.R. § 281.12"
title: "40"
number: "281.12"
heading: "Scope and definitions."
url: "https://uscodex.org/cfr/40/281.12"
---

# §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 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 40 CFR part 280 apply to this entire part except as described below.**
    - (i) States may use the definitions associated with tank and piping secondary containment as defined in [section 9003](/cfr/40/9003.md) of the Solid Waste Disposal Act.
    - (ii) States may use the definitions associated with operator training as described in [§ 9010](/cfr/40/9010.md) of the Solid Waste Disposal Act.
  - (2) For the purposes of this part the term “final approval” means the approval received by a state program that meets the requirements in [§ 281.11(b)](/cfr/40/281.11.md?p=b).

## Notes

### Authority

Authority: 42 U.S.C. 6912, 6991(c), 6991(d), 6991(e), 6991(i), 6991(k).

### Source

Source: 80 FR 41677, July 15, 2015, unless otherwise noted.