Delivery Prohibition Grant Guidelines for States; Solid Waste Disposal Act, Subtitle I, as Amended by Title XV, Subtitle B of the Energy Policy Act of 2005, 46471-46475 [E6-13283]
Download as PDF
<![CDATA[
Federal Register / Vol. 71, No. 156 / Monday, August 14, 2006 / Notices
ENVIRONMENTAL PROTECTION
AGENCY
[FRL–8208–4]
Tribal Strategy; Solid Waste Disposal
Act, Subtitle I, as Amended by Title XV,
Subtitle B of the Energy Policy Act of
2005
Environmental Protection
Agency.
ACTION: Notice of availability.
AGENCY:
SUMMARY: By this notice, the
Environmental Protection Agency
(EPA), Office of Underground Storage
Tanks (OUST) is advising the public
that on August 7, 2006, EPA issued a
strategy for implementing the
underground storage tank program in
Indian Country (referred to as the tribal
strategy) and made the strategy available
on EPA’s Web site at: www.epa.gov/
oust/fedlaws/epact_05.htm#Final. EPA
developed the tribal strategy to
implement Section 1529 of the Energy
Policy Act of 2005.
DATES: On August 7, 2006, EPA issued
and posted the tribal strategy on EPA’s
Web site. EPA is notifying the public via
this notice that the final tribal strategy
is available as of August 14, 2006.
ADDRESSES: EPA posted the final tribal
strategy on our Web site at:
www.epa.gov/oust/fedlaws/
epact_05.htm#Final. Paper copies are
also available from the National Service
Center for Environmental Publications
(NSCEP), EPA’s publications
distribution warehouse upon request.
You may request copies from NSCEP by
calling 1–800–490–9198; writing to U.S.
EPA/NSCEP, Box 42419, Cincinnati, OH
45242–0419; or faxing your request to
NSCEP at 513–489–8695. Ask for:
Strategy For An EPA/Tribal Partnership
To Implement Section 1529 Of The
Energy Policy Act Of 2005 (EPA–510–R–
06–005, August 2006).
FOR FURTHER INFORMATION CONTACT:
Joseph Vescio, EPA’s Office of
Underground Storage Tanks, at
vescio.joseph@epa.gov or (703) 603–
0003.
On August
8, 2005, President Bush signed the
Energy Policy Act of 2005. Title XV,
Subtitle B of this act, entitled the
Underground Storage Tank Compliance
Act of 2005, contains amendments to
Subtitle I of the Solid Waste Disposal
Act. This is the first Federal legislative
change for the underground storage tank
(UST) program since its inception over
20 years ago. This new law significantly
affects Federal and state UST programs;
requires major changes to the programs;
jlentini on PROD1PC65 with NOTICES
SUPPLEMENTARY INFORMATION:
VerDate Aug<31>2005
17:58 Aug 11, 2006
Jkt 208001
and is aimed at reducing UST releases
to our environment.
Section 1529 of the Energy Policy Act
requires that EPA, in coordination with
Indian tribes, develop and implement a
strategy for implementing the UST
program in Indian Country. EPA worked
closely with tribes to develop the tribal
strategy. In June 2006, EPA released a
draft of the tribal strategy for public
comment. After considering comments,
on August 7, 2006, EPA issued the tribal
strategy. EPA will implement and use
this strategy as a basis for its August
2007 report to Congress, which is
required by the Energy Policy Act.
You may view the tribal strategy at:
www.epa.gov/oust/fedlaws/
epact_05.htm#Final, which is EPA’s
Web site. You may also obtain paper
copies from NSCEP, EPA’s publications
distribution warehouse. You may
request copies from NSCEP by calling
1–800–490–9198; writing to U.S. EPA/
NSCEP, Box 42419, Cincinnati, OH
45242–0419; or faxing your request to
NSCEP at 513–489–8695. Ask for:
Strategy For An EPA/Tribal Partnership
To Implement Section 1529 Of The
Energy Policy Act Of 2005 (EPA–510–R–
06–005, August 2006).
Dated: August 7, 2006.
Susan Parker Bodine,
Assistant Administrator, Office of Solid Waste
and Emergency Response.
[FR Doc. E6–13282 Filed 8–11–06; 8:45 am]
BILLING CODE 6560–50–P
ENVIRONMENTAL PROTECTION
AGENCY
[FRL–8208–5]
Delivery Prohibition Grant Guidelines
for States; Solid Waste Disposal Act,
Subtitle I, as Amended by Title XV,
Subtitle B of the Energy Policy Act of
2005
Environmental Protection
Agency.
ACTION: Notice of availability.
AGENCY:
SUMMARY: By this notice, the
Environmental Protection Agency
(EPA), Office of Underground Storage
Tanks (OUST) is advising the public
that on August 7, 2006 EPA issued the
delivery prohibition grant guidelines
and made the guidelines available on
EPA’s Web site at: www.epa.gov/oust/
fedlaws/epact_05.htm#Final. In this
notice, EPA is publishing the delivery
prohibition grant guidelines in their
entirety. EPA developed the delivery
prohibition grant guidelines as required
by section 1527 of the Energy Policy Act
of 2005.
PO 00000
Frm 00026
Fmt 4703
Sfmt 4703
46471
On August 7, 2006, EPA issued
and posted the delivery prohibition
grant guidelines EPA’s web site. EPA is
notifying the public via this notice that
the delivery prohibition grant guidelines
are available as of August 14, 2006.
ADDRESSES: EPA posted the delivery
prohibition grant guidelines on our Web
site at: www.epa.gov/oust/fedlaws/
epact_05.htm#Final. You may also
obtain paper copies from the National
Service Center for Environmental
Publications (NSCEP), EPA’s
publications distribution warehouse.
You may request copies from NSCEP by
calling 1–800–490–9198; writing to U.S.
EPA/NSCEP, Box 42419, Cincinnati, OH
45242–0419; or faxing your request to
NSCEP at 513–489–8695. Ask for: Grant
Guidelines To States For Implementing
The Delivery Prohibition Provision Of
The Energy Policy Act Of 2005 (EPA–
510–R–06–003, August 2006).
FOR FURTHER INFORMATION CONTACT: Tim
Roberts, EPA’s Office of Underground
Storage Tanks, at roberts.timothyp@epa.gov or (703) 603–7144.
SUPPLEMENTARY INFORMATION: On August
8, 2005, President Bush signed the
Energy Policy Act of 2005. Title XV,
Subtitle B of this act, entitled the
Underground Storage Tank Compliance
Act of 2005, contains amendments to
Subtitle I of the Solid Waste Disposal
Act. This is the first Federal legislative
change for the underground storage tank
(UST) program since its inception over
20 years ago. This new law significantly
affects Federal and state UST programs;
requires major changes to the programs;
and is aimed at reducing UST releases
to our environment. Among other
things, the UST provisions of the Energy
Policy Act require that states receiving
funding under Subtitle I comply with
certain requirements contained in the
law. OUST worked, and is continuing to
work, with its partners to develop grant
guidelines that EPA regional tank
programs will incorporate into states’
grant agreements. The guidelines will
provide states that receive UST funds
with specific requirements, based on the
UST provisions of the Energy Policy
Act, for their state UST programs.
Section 1527, Subsection (a) of the
Energy Policy Act requires that EPA
develop and publish processes and
procedures for a delivery prohibition
program. EPA worked closely with
states, tribes, other Federal agencies,
tank owners and operators, UST
equipment industry, and other
stakeholders to develop draft delivery
prohibition grant guidelines. In May
2006, EPA released a draft of the
delivery prohibition grant guidelines.
After considering comments, on August
DATES:
E:\FR\FM\14AUN1.SGM
14AUN1
46472
Federal Register / Vol. 71, No. 156 / Monday, August 14, 2006 / Notices
7, 2006, EPA issued the delivery
prohibition grant guidelines. EPA will
incorporate these guidelines into grant
agreements between EPA and states.
States receiving funds from EPA for
their UST programs must comply with
the UST provisions of the Energy Policy
Act and will be subject to action by EPA
under 40 CFR 31.43 if they fail to
comply with the guidelines.
Grant Guidelines to States for
Implementing the Delivery Prohibition
Provision of the Energy Policy Act of
2005
U.S. Environmental Protection Agency;
Office of Underground Storage Tanks;
August 2006
Contents
Overview of the Delivery Prohibition Grant
Guidelines
Why Is EPA Issuing These Guidelines?
What Is In These Guidelines?
When Do These Guidelines Take Effect?
jlentini on PROD1PC65 with NOTICES
Requirements for Delivery Prohibition
What Is Delivery Prohibition?
What Underground Storage Tanks Do These
Guidelines Apply To?
What Definitions Are Used In These
Guidelines?
Who Is Responsible For Complying With
Delivery Prohibition Requirements?
Do These Guidelines Apply To Underground
Storage Tanks Or To Underground
Storage Tank Facilities?
How Does A State Implement These
Guidelines?
What Are The Criteria For Determining
Which Underground Storage Tanks Are
Ineligible For Delivery, Deposit, Or
Acceptance?
What Mechanisms May Be Used For
Identifying Ineligible Underground
Storage Tanks?
What Must A State Do To Reclassify
Ineligible Underground Storage Tanks As
Eligible?
What Are The Allowable Processes For
Providing Adequate Notice To
Underground Storage Tank Owners/
Operators And Product Deliverers?
How May States Apply Delivery Prohibition
In Rural And Remote Areas?
What Do States Need To Report To EPA?
What Enforcement Authority Must States
Have For Delivery Prohibition?
How Will States Demonstrate Compliance
With These Guidelines?
How Will EPA Enforce States’ Compliance
With The Requirements In These
Guidelines?
For More Information About the Delivery
Prohibition Grant Guidelines
Background About The Energy Policy Act Of
2005
VerDate Aug<31>2005
17:58 Aug 11, 2006
Jkt 208001
Overview of the Delivery Prohibition
Grant Guidelines
prohibition requirements described in
these guidelines by August 8, 2007.
Why Is EPA Issuing These Guidelines?
U.S. Environmental Protection
Agency (EPA), in consultation with
states, underground storage tank (UST)
owners, and the product delivery
industry, developed these grant
guidelines to implement the delivery
prohibition provision in Section 9012 of
the Solid Waste Disposal Act (SWDA),
enacted by the Underground Storage
Tank Compliance Act, part of the
Energy Policy Act of 2005 signed by
President Bush on August 8, 2005.
Subsection (a) of Section 1527 of the
Energy Policy Act amends Subtitle I of
the Solid Waste Disposal Act by adding
Section 9012, which includes a delivery
prohibition requirement for states
receiving Federal funds under Subtitle I.
Section 9012 requires EPA to develop
and publish guidelines that describe the
processes and procedures for the
delivery prohibition provision by
August 8, 2006. The guidelines must
address the following five processes and
procedures a state receiving Subtitle I
funding (hereafter referred to as ‘‘state’’)
must follow to implement delivery
prohibition:
• The criteria for determining
ineligible underground storage tanks;
• The mechanisms for identifying
ineligible underground storage tanks;
• The process for reclassifying
ineligible underground storage tanks as
eligible;
• The process(es) for providing
adequate notice to underground storage
tank owners/operators and product
deliverers; and,
• The process for determining the
specified geographic areas subject to the
rural and remote areas consideration.
EPA’s Office of Underground Storage
Tanks (OUST) is issuing these grant
guidelines to establish the minimum
requirements states receiving Subtitle I
funding must meet in order to comply
with the delivery prohibition provision
of the Energy Policy Act of 2005.
Requirements for Delivery Prohibition
What Is In These Guidelines?
These guidelines describe the
minimum requirements a state’s
delivery prohibition program must
contain in order for a state to comply
with statutory requirements for Subtitle
I funding. These guidelines include
definitions, criteria, examples, options,
and requirements for states
implementing the delivery prohibition
provision.
When Do These Guidelines Take Effect?
A state receiving Subtitle I funding
must implement the delivery
PO 00000
Frm 00027
Fmt 4703
Sfmt 4703
What Is Delivery Prohibition?
Delivery prohibition is prohibiting the
delivery, deposit, or acceptance of
product to an underground storage tank
that has been determined to be
ineligible by EPA or a state
implementing agency 1 for such
delivery, deposit, or acceptance.
What Underground Storage Tanks Do
These Guidelines Apply To?
For purposes of this document, the
term ‘‘underground storage tank’’ means
those tanks that satisfy the definition of
underground storage tank in 40 CFR
280.12, except for those tanks identified
in 40 CFR 280.10(b) and 280.10(c) as
excluded or deferred storage tanks. At a
minimum, a state must apply these
guidelines to petroleum underground
storage tanks. EPA recognizes that many
states have the authority to regulate
underground storage tanks containing
hazardous substances. States may
choose to apply delivery prohibition to
hazardous substance underground
storage tanks in addition to petroleum
underground storage tanks.
What Definitions Are Used in These
Guidelines?
Many terms used in these guidelines
are defined in 40 CFR 280.12. Unless
otherwise noted, the definitions in 40
CFR 280.12 also apply to the terms in
these guidelines. For purposes of these
guidelines, terms not defined in 40 CFR
280.12 are defined as follows:
Green Tag: A document, device, tag,
or other item identifying an
underground storage tank or
underground storage tank facility as
eligible to receive product. Such item is
generally affixed to the fill pipe or
otherwise conspicuously displayed at
the underground storage tank facility.
Product Deliverer: Any person 2 who
delivers or deposits product into an
underground storage tank. This term
may include major oil companies,
jobbers, petroleum transportation
companies, or other product delivery
entities.
Red Tag: A tag, device, or mechanism
on the tank’s fill pipes that clearly
identifies an underground storage tank
1 The term ‘‘state’’ does not exclude local
government implementing agencies.
2 ‘‘Person’’ has the same definition used in 40
CFR 280.12, which includes an individual, trust,
firm, joint stock company, consortium, joint
venture, commercial entity, United States
Government, Federal agency, corporation, state,
municipality, commission, political subdivision of
a state, or any interstate body.
E:\FR\FM\14AUN1.SGM
14AUN1
Federal Register / Vol. 71, No. 156 / Monday, August 14, 2006 / Notices
as ineligible for product delivery. The
tag or device is easily visible to the
product deliverer and clearly states and
conveys that it is unlawful to deliver to,
deposit into, or accept product into the
ineligible underground storage tank.
The tag, device, or mechanism is
generally tamper resistant.
Who Is Responsible for Complying With
Delivery Prohibition Requirements?
Underground storage tank owners/
operators and product deliverers are
responsible for not delivering,
depositing, or accepting product to an
underground storage tank identified by
EPA or a state as ineligible to receive
product.
Do These Guidelines Apply to
Underground Storage Tanks or to
Underground Storage Tank Facilities?
States may choose to prohibit
delivery, deposit, or acceptance of
product to an individual underground
storage tank or to every underground
storage tank at a facility.
jlentini on PROD1PC65 with NOTICES
How Does a State Implement These
Guidelines?
A state implements these guidelines
by:
• Having the authority to prohibit
delivery, deposit, or acceptance of
product to an underground storage tank
for both equipment and operational
violations; and
• Developing processes and
procedures for a delivery prohibition
program that, at a minimum, meet the
requirements in these guidelines.
The state’s delivery prohibition
program must meet these guidelines by
August 8, 2007. The sections that follow
discuss the five categories 3 of processes
and procedures required by the Energy
Policy Act of 2005. States may choose
to be more stringent than these
minimum requirements.
The state must clearly communicate
to underground storage tank owners and
operators and product deliverers the
state’s:
• Criteria for determining which
underground storage tanks are ineligible
for delivery, deposit, or acceptance of
product;
• Mechanism(s) for identifying
ineligible underground storage tanks;
• Process for reclassifying ineligible
underground storage tanks as eligible for
delivery, deposit, or acceptance of
product;
• Process(es) for providing adequate
notice to underground storage tank
owners and operators and product
3 Delineated in sections 9012(a)(2)(A)–(E) of the
Solid Waste Disposal Act.
VerDate Aug<31>2005
17:58 Aug 11, 2006
Jkt 208001
deliverers that an underground storage
tank has been determined to be
ineligible for delivery, deposit, or
acceptance of product; and
• Delineation of a process for the
application of delivery prohibition in
rural and remote areas. EPA recognizes
that states with existing delivery
prohibition programs may already have
communicated these requirements to
tank owners and operators and product
deliverers.
States that have already
communicated their requirements to
tank owners and operators and product
deliverers are not required to
communicate their requirements any
further. However, states must
adequately communicate any changes to
their existing delivery prohibition
program.
What Are the Criteria for Determining
Which Underground Storage Tanks Are
Ineligible for Delivery, Deposit, or
Acceptance?
The state must develop criteria and
timeframes for prohibiting the delivery,
deposit, and acceptance of product, in
accordance with the provisions below.4
A state may authorize the delivery or
deposit of product to an ineligible
underground storage tank if such
activity is necessary to test or calibrate
the underground storage tank or
dispenser system.
A state must classify an underground
storage tank as ineligible for delivery,
deposit, or acceptance of product as
soon as practicable after the state
determines an underground storage tank
meets one or more of the following
conditions:
• Required spill prevention
equipment is not installed;
• Required overfill protection
equipment is not installed;
• Required leak detection equipment
is not installed;
• Required corrosion protection
equipment is not installed; 5 or
• Other conditions a state deems
appropriate.
The time allowed for a state to
identify an underground storage tank as
ineligible for delivery, deposit, or
acceptance of product for one or more
of the above conditions is intended to
accommodate various state delivery
4 For certain severe situations at an underground
storage tank facility, such as the presence of an ongoing release, a state should generally consider
using other authorities granted to the state under
applicable health and safety or fire codes to
immediately mitigate the risk instead of, or in
addition to, a state’s delivery prohibition authority.
5 A state is not required to but should generally
prohibit the delivery, deposit, or acceptance of
product for the failure to have corrosion protection
equipment on a buried metal flexible connector.
PO 00000
Frm 00028
Fmt 4703
Sfmt 4703
46473
prohibition procedures, not to provide
additional time for underground storage
tank owners or operators to return to
compliance. Some states have the
authority to prohibit delivery at the time
of an inspection.
A state retains the discretion to decide
whether to identify an underground
storage tank as ineligible to deliver,
deposit, or accept product based on
whether the prohibition is in the best
interest of the public. In some cases,
prohibition of delivery, deposit, or
acceptance of product to an
underground storage tank is not in the
best interest of the public, even in the
cases of significant and/or sustained
noncompliance (e.g., certain emergency
generator underground storage tanks). In
other cases, states may choose to
classify an underground storage tank as
ineligible to receive product but then
authorize delivery in emergency
situations.6
A state should also classify an
underground storage tank as ineligible
for delivery, deposit, or acceptance of
product if the owner/operator of that
tank has been issued a written warning
or citation (notice of violation or other
form indicating a violation) under any
of the following circumstances and the
owner/operator has failed to take
corrective action after a reasonable time
frame that is determined by the state:
• Failure to properly operate and/or
maintain leak detection equipment;
• Failure to properly operate and/or
maintain spill, overfill, or corrosion
protection equipment;
• Failure to maintain financial
responsibility;
• Failure to protect a buried metal
flexible connector from corrosion; or
• Other conditions a state deems
appropriate.
What Mechanisms May Be Used for
Identifying Ineligible Underground
Storage Tanks?
Tank owners and operators and
product deliverers are responsible for
ensuring that product is not delivered,
deposited, or accepted into an
underground storage tank identified as
ineligible to receive product. Therefore,
a state must use a clear, concise
mechanism or mechanisms for
identifying ineligible underground
storage tanks. The mechanism(s) a state
6 For example, California provides authority to
local implementing agencies to remove red tags
from emergency generator tanks that provide power
supply in the event of a commercial power failure,
store petroleum, and are used solely in connection
with an emergency system, legally required standby
system, or optional standby system, as defined in
Articles 700, 701, and 702 of the National Electric
Code of the National Fire Protection Association.
E:\FR\FM\14AUN1.SGM
14AUN1
46474
Federal Register / Vol. 71, No. 156 / Monday, August 14, 2006 / Notices
uses must adequately indicate to
product deliverers and underground
storage tank owners/operators that an
underground storage tank is ineligible to
receive product. For a state developing
a mechanism or mechanisms to use to
identify ineligible underground storage
tanks, the state should consult with
underground storage tank owners/
operators and product delivery
industries. A state should also consider
the ease of reclassifying an underground
storage tank as eligible when choosing
the method(s) for identifying ineligible
underground storage tanks.
Some examples of mechanisms for
identifying ineligible underground
storage tanks include:
• Red tags attached to each fill pipe
of the ineligible underground storage
tank clearly identifying the tank as
ineligible for delivery, deposit, or
acceptance of product;
• Green tags attached to each fill pipe
of the eligible underground storage tank
clearly identifying the tank as eligible
for delivery, deposit, or acceptance of
product; or,
• A certificate conspicuously
displayed at the facility clearly
identifying the underground storage
tank(s) at the facility as eligible for
delivery, deposit, or acceptance of
product.
What Must a State Do To Reclassify
Ineligible Underground Storage Tanks
as Eligible?
jlentini on PROD1PC65 with NOTICES
A state must reclassify an ineligible
underground storage tank as eligible to
receive product as soon as practicable
once the state determines that the
underground storage tank has been
returned to compliance.
The state, after notification by the
owner/operator that the violation(s) has/
have been corrected, must do the
following as soon as practicable:
• Confirm compliance. If any
deficiencies that led to the delivery
prohibition remain, the state must notify
the owner/operator.
• Return the underground storage
tank to being eligible to receive
product 7 if the violation(s) has/have
been corrected and confirmed by the
state.
States that have used delivery
prohibition programs in the past have
been responsive to the fact that when an
underground storage tank has been
7 After a state implementing agency confirms
compliance, the state may authorize another party
to reclassify an underground storage tank as eligible
for delivery, deposit, or acceptance of product. For
example, upon confirming compliance the state
may provide written authorization to an owner or
operator to remove the red tag from the
underground storage tank.
VerDate Aug<31>2005
17:58 Aug 11, 2006
Jkt 208001
classified as ineligible to receive
product, it must be reclassified as
eligible to receive product as soon as
practicable once the owner/operator has
corrected the violation(s). For example,
many states ensure that underground
storage tanks can be reclassified within
five (5) business days and often
reclassify within 24 hours of being
notified of the correction(s).
What Do States Need To Report to EPA?
What Are the Allowable Processes for
Providing Adequate Notice to
Underground Storage Tank Owners/
Operators and Product Deliverers?
What Enforcement Authority Must
States Have for Delivery Prohibition?
When an underground storage tank is
determined to be ineligible for delivery,
deposit, or acceptance of product, the
state must make a reasonable effort to
notify tank owners and/or operators in
writing (e.g., field notification, mail, email, or fax) prior to prohibiting the
delivery, deposit, or acceptance of
product. If an owner or operator is not
present at the facility at the time the
underground storage tank is identified
as ineligible, an employee 8 at the
facility at the time of identification (in
lieu of the owner or operator) may be
notified in writing prior to prohibiting
delivery.
In addition, a state must develop
processes and procedures for notifying
product deliverers when an
underground storage tank is ineligible
for delivery, deposit, or acceptance of
product. The mechanism a state chooses
for identifying eligible/ineligible
underground storage tanks (e.g., green
tags, red tags) may provide adequate
notice to product deliverers.
How May States Apply Delivery
Prohibition in Rural and Remote Areas?
A state may consider not treating an
underground storage tank as ineligible
for delivery, deposit, or acceptance of
product if such treatment would
jeopardize the availability of, or access
to, motor fuel in any rural and remote
areas. However, a state may only defer
application of delivery prohibition for
up to 180 days after determining an
underground storage tank is ineligible
for delivery, deposit, or acceptance of
product. This limitation only applies in
situations requiring prohibition of
delivery, deposit, or acceptance of
product, as described in the section
entitled, ‘‘What Are The Criteria For
Determining Which Underground
Storage Tanks Are Ineligible For
Delivery, Deposit, Or Acceptance?’’.
8 A state should generally make every effort to
provide the notification to the employee in charge
of the facility at the time an undeground storage
tank is identified as ineligible for delivery, deposit,
or acceptance of product.
PO 00000
Frm 00029
Fmt 4703
Sfmt 4703
Each state that receives Subtitle I
funding must report to EPA as part of
its quarterly or semi-annual
performance report the number of
underground storage tanks (or
underground storage tank facilities)
identified as ineligible for delivery,
deposit, or acceptance of product during
the reporting period.
States must, at a minimum, have the
authority to impose civil penalties
against any person who delivers,
deposits, or accepts product at an
underground storage tank identified as
being ineligible for such delivery,
deposit, or acceptance.
How Will States Demonstrate
Compliance With These Guidelines?
After August 8, 2007, the effective
date of the delivery prohibition
requirements, and before receiving
future grant funding, states must
provide one of the following to the
appropriate EPA Regional office:
• For a state that has met the
requirements for delivery prohibition,
the state must submit a certification
indicating that the state meets the
requirements in the guidelines.
• For a state that has not yet met the
requirements for delivery prohibition,
the state must provide a document that
describes the state’s efforts to meet the
requirements. This document must
include:
—A description of the state’s activities
to date to meet the requirements in
the guidelines;
—A description of the state’s planned
activities to meet the requirements;
and
—The date by which the state expects
to meet the requirements.
How Will EPA Enforce States’
Compliance With the Requirements in
These Guidelines?
As a matter of law, each state that
receives funding under Subtitle I, which
would include a Leaking Underground
Storage Tank (LUST) Cooperative
Agreement, must comply with the
underground storage tank requirements
of the Energy Policy Act. EPA
anticipates State and Tribal Assistance
Grants (STAG) funds will be available
under the 2007 Appropriations Act for
certain purposes authorized by the
Energy Policy Act, and EPA will
condition STAG grants with compliance
with these guidelines. Absent a
compelling reason to the contrary, EPA
expects to address noncompliance with
E:\FR\FM\14AUN1.SGM
14AUN1
Federal Register / Vol. 71, No. 156 / Monday, August 14, 2006 / Notices
these STAG grant conditions by
utilizing EPA’s grant enforcement
authorities under 40 CFR Part 31.43, as
necessary and appropriate.
ENVIRONMENTAL PROTECTION
AGENCY
For More Information About the
Delivery Prohibition Grant Guidelines
Certain New Chemicals; Receipt and
Status Information
Visit the EPA Office of Underground
Storage Tanks Web site at www.epa.gov/
oust or call 703–603–9900.
Background About the Energy Policy
Act Of 2005
jlentini on PROD1PC65 with NOTICES
On August 8, 2005, President Bush
signed the Energy Policy Act of 2005.
Title XV, Subtitle B of this act (entitled
the Underground Storage Tank
Compliance Act) contains amendments
to Subtitle I of the Solid Waste Disposal
Act—the original legislation that created
the underground storage tank (UST)
program. This new law significantly
affects Federal and state underground
storage tank programs, will require
major changes to the programs, and is
aimed at reducing underground storage
tank releases to our environment.
The underground storage tank
provisions of the Energy Policy Act
focus on preventing releases. Among
other things, the Act expands eligible
uses of the Leaking Underground
Storage Tank (LUST) Trust Fund and
includes provisions regarding
inspections, operator training, delivery
prohibition, secondary containment and
financial responsibility, and cleanup of
releases that contain oxygenated fuel
additives.
Some of these provisions require
implementation by August 2006; others
will require implementation in
subsequent years. To implement the
new law, EPA and states will work
closely with tribes, other Federal
agencies, tank owners and operators,
and other stakeholders to bring about
the mandated changes affecting
underground storage tank facilities.
To see the full text of this new
legislation and for more information
about EPA’s work to implement the
underground storage tank provisions of
the law, see: https://www.epa.gov/oust/
fedlaws/nrg05_01.htm
Dated: August 7, 2006.
Susan Parker Bodine,
Assistant Administrator, Office of Solid Waste
and Emergency Response.
[FR Doc. E6–13283 Filed 8–11–06; 8:45 am]
BILLING CODE 6560–50–P
VerDate Aug<31>2005
17:58 Aug 11, 2006
Jkt 208001
EPA–HQ–OPPT–2006–0683; FRL–8068–8
Environmental Protection
Agency (EPA).
ACTION: Notice.
AGENCY:
SUMMARY: Section 5 of the Toxic
Substances Control Act (TSCA) requires
any person who intends to manufacture
(defined by statute to include import) a
new chemical (i.e., a chemical not on
the TSCA Inventory) to notify EPA and
comply with the statutory provisions
pertaining to the manufacture of new
chemicals. Under sections 5(d)(2) and
5(d)(3) of TSCA, EPA is required to
publish a notice of receipt of a
premanufacture notice (PMN) or an
application for a test marketing
exemption (TME), and to publish
periodic status reports on the chemicals
under review and the receipt of notices
of commencement to manufacture those
chemicals. This status report, which
covers the period from June 16, 2006 to
July 28, 2006, consists of the PMNs and
TMEs, both pending or expired, and the
notices of commencement to
manufacture a new chemical that the
Agency has received under TSCA
section 5 during this time period.
DATES: Comments identified by the
specific PMN number or TME number,
must be received on or before
September 13, 2006.
ADDRESSES: Submit your comments,
identified by docket identification (ID)
no. EPA–HQ–OPPT–2006–0683, by one
of the following methods.
• https://www.regulations.gov. Follow
the on-line instructions for submitting
comments.
• Mail: Document Control Office
(7407M), Office of Pollution Prevention
and Toxics (OPPT), Environmental
Protection Agency, 1200 Pennsylvania
Ave., NW., Washington, DC 20460–
0001.
• Hand Delivery: OPPT Document
Control Office (DCO, EPA East Bldg.,
Rm. 6428, 1201 Constitution Ave., NW.,
Washington, DC. Attention: Docket ID
number EPA–HQ–OPPT–2006–0683.
The DCO is open from 8 a.m. to 4 p.m.,
Monday through Friday, excluding legal
holidays. The telephone number for the
DCO is (202) 564–8930. Such deliveries
are only accepted during the Docket’s
normal hours of operation, and special
arrangements should be made for
deliveries of boxed information.
• Instructions: Direct your comments
to docket ID number EPA–HQ–OPPT–
PO 00000
Frm 00030
Fmt 4703
Sfmt 4703
46475
2006–0683. EPA’s policy is that all
comments received will be included in
the public docket without change and
may be made available online at https://
www.regulations.gov, including any
personal information provided, unless
the comment includes information
claimed to be Confidential Business
Information (CBI) or other information
whose disclosure is restricted by statute.
Do not submit information that you
consider to be CBI or otherwise
protected through regulations.gov or email. The regulations.gov website is an
‘‘anonymous access’’ systems, which
means EPA will not know your identity
or contact information unless you
provide it in the body of your comment.
If you send an e-mail comment directly
to EPA without going through
regulations.gov your e-mail address will
be automatically captured and included
as part of the comment that is placed in
the public docket and made available on
the Internet. If you submit an electronic
comment, EPA recommends that you
include your name and other contact
information in the body of your
comment and with any disk or CD ROM
you submit. If EPA cannot read your
comment due to technical difficulties
and cannot contact you for clarification,
EPA may not be able to consider your
comment. Electronic files should avoid
the use of special characters, any form
of encryption, and be free of any defects
or viruses.
Docket: All documents in the docket
are listed in the regulations.gov index.
Although listed in the index, some
information is not publicly available,
i.e., CBI or other information whose
disclosure is restricted by statute.
Certain other material, such as
copyrighted material, is not placed on
the Internet and will be publicly
available only in hard copy form.
Publicly available docket materials are
available electronically through
regulations.gov or in hard copy at the
OPPT Docket, EPA Docket Center (EPA/
DC), EPA West, Room B102, 1301
Constitution Ave., NW., Washington,
DC. The EPA Docket Center Public
Reading Room is open from 8:30 a.m. to
4:30 p.m., Monday through Friday,
excluding legal holidays. The telephone
number for the Public Reading Room is
(202) 566–1744, and the telephone
number for the OPPT Docket is (202)
566–0280.
FOR FURTHER INFORMATION CONTACT:
Colby Lintner, Regulatory Coordinator,
Environmental Assistance Division,
Office of Pollution Prevention and
Toxics (7408M), Environmental
Protection Agency, 1200 Pennsylvania
Ave., NW., Washington, DC 20460–
E:\FR\FM\14AUN1.SGM
14AUN1
]]>Agencies
[Federal Register Volume 71, Number 156 (Monday, August 14, 2006)]
[Notices]
[Pages 46471-46475]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E6-13283]
-----------------------------------------------------------------------
ENVIRONMENTAL PROTECTION AGENCY
[FRL-8208-5]
Delivery Prohibition Grant Guidelines for States; Solid Waste
Disposal Act, Subtitle I, as Amended by Title XV, Subtitle B of the
Energy Policy Act of 2005
AGENCY: Environmental Protection Agency.
ACTION: Notice of availability.
-----------------------------------------------------------------------
SUMMARY: By this notice, the Environmental Protection Agency (EPA),
Office of Underground Storage Tanks (OUST) is advising the public that
on August 7, 2006 EPA issued the delivery prohibition grant guidelines
and made the guidelines available on EPA's Web site at: www.epa.gov/
oust/fedlaws/epact_05.htm#Final. In this notice, EPA is publishing the
delivery prohibition grant guidelines in their entirety. EPA developed
the delivery prohibition grant guidelines as required by section 1527
of the Energy Policy Act of 2005.
DATES: On August 7, 2006, EPA issued and posted the delivery
prohibition grant guidelines EPA's web site. EPA is notifying the
public via this notice that the delivery prohibition grant guidelines
are available as of August 14, 2006.
ADDRESSES: EPA posted the delivery prohibition grant guidelines on our
Web site at: www.epa.gov/oust/fedlaws/epact_05.htm#Final. You may also
obtain paper copies from the National Service Center for Environmental
Publications (NSCEP), EPA's publications distribution warehouse. You
may request copies from NSCEP by calling 1-800-490-9198; writing to
U.S. EPA/NSCEP, Box 42419, Cincinnati, OH 45242-0419; or faxing your
request to NSCEP at 513-489-8695. Ask for: Grant Guidelines To States
For Implementing The Delivery Prohibition Provision Of The Energy
Policy Act Of 2005 (EPA-510-R-06-003, August 2006).
FOR FURTHER INFORMATION CONTACT: Tim Roberts, EPA's Office of
Underground Storage Tanks, at roberts.timothy-p@epa.gov or (703) 603-
7144.
SUPPLEMENTARY INFORMATION: On August 8, 2005, President Bush signed the
Energy Policy Act of 2005. Title XV, Subtitle B of this act, entitled
the Underground Storage Tank Compliance Act of 2005, contains
amendments to Subtitle I of the Solid Waste Disposal Act. This is the
first Federal legislative change for the underground storage tank (UST)
program since its inception over 20 years ago. This new law
significantly affects Federal and state UST programs; requires major
changes to the programs; and is aimed at reducing UST releases to our
environment. Among other things, the UST provisions of the Energy
Policy Act require that states receiving funding under Subtitle I
comply with certain requirements contained in the law. OUST worked, and
is continuing to work, with its partners to develop grant guidelines
that EPA regional tank programs will incorporate into states' grant
agreements. The guidelines will provide states that receive UST funds
with specific requirements, based on the UST provisions of the Energy
Policy Act, for their state UST programs.
Section 1527, Subsection (a) of the Energy Policy Act requires that
EPA develop and publish processes and procedures for a delivery
prohibition program. EPA worked closely with states, tribes, other
Federal agencies, tank owners and operators, UST equipment industry,
and other stakeholders to develop draft delivery prohibition grant
guidelines. In May 2006, EPA released a draft of the delivery
prohibition grant guidelines. After considering comments, on August
[[Page 46472]]
7, 2006, EPA issued the delivery prohibition grant guidelines. EPA will
incorporate these guidelines into grant agreements between EPA and
states. States receiving funds from EPA for their UST programs must
comply with the UST provisions of the Energy Policy Act and will be
subject to action by EPA under 40 CFR 31.43 if they fail to comply with
the guidelines.
Grant Guidelines to States for Implementing the Delivery Prohibition
Provision of the Energy Policy Act of 2005
U.S. Environmental Protection Agency; Office of Underground Storage
Tanks; August 2006
Contents
Overview of the Delivery Prohibition Grant Guidelines
Why Is EPA Issuing These Guidelines?
What Is In These Guidelines?
When Do These Guidelines Take Effect?
Requirements for Delivery Prohibition
What Is Delivery Prohibition?
What Underground Storage Tanks Do These Guidelines Apply To?
What Definitions Are Used In These Guidelines?
Who Is Responsible For Complying With Delivery Prohibition
Requirements?
Do These Guidelines Apply To Underground Storage Tanks Or To
Underground Storage Tank Facilities?
How Does A State Implement These Guidelines?
What Are The Criteria For Determining Which Underground Storage
Tanks Are Ineligible For Delivery, Deposit, Or Acceptance?
What Mechanisms May Be Used For Identifying Ineligible Underground
Storage Tanks?
What Must A State Do To Reclassify Ineligible Underground Storage
Tanks As Eligible?
What Are The Allowable Processes For Providing Adequate Notice To
Underground Storage Tank Owners/Operators And Product Deliverers?
How May States Apply Delivery Prohibition In Rural And Remote Areas?
What Do States Need To Report To EPA?
What Enforcement Authority Must States Have For Delivery
Prohibition?
How Will States Demonstrate Compliance With These Guidelines?
How Will EPA Enforce States' Compliance With The Requirements In
These Guidelines?
For More Information About the Delivery Prohibition Grant Guidelines
Background About The Energy Policy Act Of 2005
Overview of the Delivery Prohibition Grant Guidelines
Why Is EPA Issuing These Guidelines?
U.S. Environmental Protection Agency (EPA), in consultation with
states, underground storage tank (UST) owners, and the product delivery
industry, developed these grant guidelines to implement the delivery
prohibition provision in Section 9012 of the Solid Waste Disposal Act
(SWDA), enacted by the Underground Storage Tank Compliance Act, part of
the Energy Policy Act of 2005 signed by President Bush on August 8,
2005.
Subsection (a) of Section 1527 of the Energy Policy Act amends
Subtitle I of the Solid Waste Disposal Act by adding Section 9012,
which includes a delivery prohibition requirement for states receiving
Federal funds under Subtitle I. Section 9012 requires EPA to develop
and publish guidelines that describe the processes and procedures for
the delivery prohibition provision by August 8, 2006. The guidelines
must address the following five processes and procedures a state
receiving Subtitle I funding (hereafter referred to as ``state'') must
follow to implement delivery prohibition:
The criteria for determining ineligible underground
storage tanks;
The mechanisms for identifying ineligible underground
storage tanks;
The process for reclassifying ineligible underground
storage tanks as eligible;
The process(es) for providing adequate notice to
underground storage tank owners/operators and product deliverers; and,
The process for determining the specified geographic areas
subject to the rural and remote areas consideration.
EPA's Office of Underground Storage Tanks (OUST) is issuing these
grant guidelines to establish the minimum requirements states receiving
Subtitle I funding must meet in order to comply with the delivery
prohibition provision of the Energy Policy Act of 2005.
What Is In These Guidelines?
These guidelines describe the minimum requirements a state's
delivery prohibition program must contain in order for a state to
comply with statutory requirements for Subtitle I funding. These
guidelines include definitions, criteria, examples, options, and
requirements for states implementing the delivery prohibition
provision.
When Do These Guidelines Take Effect?
A state receiving Subtitle I funding must implement the delivery
prohibition requirements described in these guidelines by August 8,
2007.
Requirements for Delivery Prohibition
What Is Delivery Prohibition?
Delivery prohibition is prohibiting the delivery, deposit, or
acceptance of product to an underground storage tank that has been
determined to be ineligible by EPA or a state implementing agency \1\
for such delivery, deposit, or acceptance.
---------------------------------------------------------------------------
\1\ The term ``state'' does not exclude local government
implementing agencies.
---------------------------------------------------------------------------
What Underground Storage Tanks Do These Guidelines Apply To?
For purposes of this document, the term ``underground storage
tank'' means those tanks that satisfy the definition of underground
storage tank in 40 CFR 280.12, except for those tanks identified in 40
CFR 280.10(b) and 280.10(c) as excluded or deferred storage tanks. At a
minimum, a state must apply these guidelines to petroleum underground
storage tanks. EPA recognizes that many states have the authority to
regulate underground storage tanks containing hazardous substances.
States may choose to apply delivery prohibition to hazardous substance
underground storage tanks in addition to petroleum underground storage
tanks.
What Definitions Are Used in These Guidelines?
Many terms used in these guidelines are defined in 40 CFR 280.12.
Unless otherwise noted, the definitions in 40 CFR 280.12 also apply to
the terms in these guidelines. For purposes of these guidelines, terms
not defined in 40 CFR 280.12 are defined as follows:
Green Tag: A document, device, tag, or other item identifying an
underground storage tank or underground storage tank facility as
eligible to receive product. Such item is generally affixed to the fill
pipe or otherwise conspicuously displayed at the underground storage
tank facility.
Product Deliverer: Any person \2\ who delivers or deposits product
into an underground storage tank. This term may include major oil
companies, jobbers, petroleum transportation companies, or other
product delivery entities.
---------------------------------------------------------------------------
\2\ ``Person'' has the same definition used in 40 CFR 280.12,
which includes an individual, trust, firm, joint stock company,
consortium, joint venture, commercial entity, United States
Government, Federal agency, corporation, state, municipality,
commission, political subdivision of a state, or any interstate
body.
---------------------------------------------------------------------------
Red Tag: A tag, device, or mechanism on the tank's fill pipes that
clearly identifies an underground storage tank
[[Page 46473]]
as ineligible for product delivery. The tag or device is easily visible
to the product deliverer and clearly states and conveys that it is
unlawful to deliver to, deposit into, or accept product into the
ineligible underground storage tank. The tag, device, or mechanism is
generally tamper resistant.
Who Is Responsible for Complying With Delivery Prohibition
Requirements?
Underground storage tank owners/operators and product deliverers
are responsible for not delivering, depositing, or accepting product to
an underground storage tank identified by EPA or a state as ineligible
to receive product.
Do These Guidelines Apply to Underground Storage Tanks or to
Underground Storage Tank Facilities?
States may choose to prohibit delivery, deposit, or acceptance of
product to an individual underground storage tank or to every
underground storage tank at a facility.
How Does a State Implement These Guidelines?
A state implements these guidelines by:
Having the authority to prohibit delivery, deposit, or
acceptance of product to an underground storage tank for both equipment
and operational violations; and
Developing processes and procedures for a delivery
prohibition program that, at a minimum, meet the requirements in these
guidelines.
The state's delivery prohibition program must meet these guidelines
by August 8, 2007. The sections that follow discuss the five categories
\3\ of processes and procedures required by the Energy Policy Act of
2005. States may choose to be more stringent than these minimum
requirements.
---------------------------------------------------------------------------
\3\ Delineated in sections 9012(a)(2)(A)-(E) of the Solid Waste
Disposal Act.
---------------------------------------------------------------------------
The state must clearly communicate to underground storage tank
owners and operators and product deliverers the state's:
Criteria for determining which underground storage tanks
are ineligible for delivery, deposit, or acceptance of product;
Mechanism(s) for identifying ineligible underground
storage tanks;
Process for reclassifying ineligible underground storage
tanks as eligible for delivery, deposit, or acceptance of product;
Process(es) for providing adequate notice to underground
storage tank owners and operators and product deliverers that an
underground storage tank has been determined to be ineligible for
delivery, deposit, or acceptance of product; and
Delineation of a process for the application of delivery
prohibition in rural and remote areas. EPA recognizes that states with
existing delivery prohibition programs may already have communicated
these requirements to tank owners and operators and product deliverers.
States that have already communicated their requirements to tank
owners and operators and product deliverers are not required to
communicate their requirements any further. However, states must
adequately communicate any changes to their existing delivery
prohibition program.
What Are the Criteria for Determining Which Underground Storage Tanks
Are Ineligible for Delivery, Deposit, or Acceptance?
The state must develop criteria and timeframes for prohibiting the
delivery, deposit, and acceptance of product, in accordance with the
provisions below.\4\ A state may authorize the delivery or deposit of
product to an ineligible underground storage tank if such activity is
necessary to test or calibrate the underground storage tank or
dispenser system.
---------------------------------------------------------------------------
\4\ For certain severe situations at an underground storage tank
facility, such as the presence of an on-going release, a state
should generally consider using other authorities granted to the
state under applicable health and safety or fire codes to
immediately mitigate the risk instead of, or in addition to, a
state's delivery prohibition authority.
---------------------------------------------------------------------------
A state must classify an underground storage tank as ineligible for
delivery, deposit, or acceptance of product as soon as practicable
after the state determines an underground storage tank meets one or
more of the following conditions:
Required spill prevention equipment is not installed;
Required overfill protection equipment is not installed;
Required leak detection equipment is not installed;
Required corrosion protection equipment is not installed;
\5\ or
---------------------------------------------------------------------------
\5\ A state is not required to but should generally prohibit the
delivery, deposit, or acceptance of product for the failure to have
corrosion protection equipment on a buried metal flexible connector.
---------------------------------------------------------------------------
Other conditions a state deems appropriate.
The time allowed for a state to identify an underground storage
tank as ineligible for delivery, deposit, or acceptance of product for
one or more of the above conditions is intended to accommodate various
state delivery prohibition procedures, not to provide additional time
for underground storage tank owners or operators to return to
compliance. Some states have the authority to prohibit delivery at the
time of an inspection.
A state retains the discretion to decide whether to identify an
underground storage tank as ineligible to deliver, deposit, or accept
product based on whether the prohibition is in the best interest of the
public. In some cases, prohibition of delivery, deposit, or acceptance
of product to an underground storage tank is not in the best interest
of the public, even in the cases of significant and/or sustained
noncompliance (e.g., certain emergency generator underground storage
tanks). In other cases, states may choose to classify an underground
storage tank as ineligible to receive product but then authorize
delivery in emergency situations.\6\
---------------------------------------------------------------------------
\6\ For example, California provides authority to local
implementing agencies to remove red tags from emergency generator
tanks that provide power supply in the event of a commercial power
failure, store petroleum, and are used solely in connection with an
emergency system, legally required standby system, or optional
standby system, as defined in Articles 700, 701, and 702 of the
National Electric Code of the National Fire Protection Association.
---------------------------------------------------------------------------
A state should also classify an underground storage tank as
ineligible for delivery, deposit, or acceptance of product if the
owner/operator of that tank has been issued a written warning or
citation (notice of violation or other form indicating a violation)
under any of the following circumstances and the owner/operator has
failed to take corrective action after a reasonable time frame that is
determined by the state:
Failure to properly operate and/or maintain leak detection
equipment;
Failure to properly operate and/or maintain spill,
overfill, or corrosion protection equipment;
Failure to maintain financial responsibility;
Failure to protect a buried metal flexible connector from
corrosion; or
Other conditions a state deems appropriate.
What Mechanisms May Be Used for Identifying Ineligible Underground
Storage Tanks?
Tank owners and operators and product deliverers are responsible
for ensuring that product is not delivered, deposited, or accepted into
an underground storage tank identified as ineligible to receive
product. Therefore, a state must use a clear, concise mechanism or
mechanisms for identifying ineligible underground storage tanks. The
mechanism(s) a state
[[Page 46474]]
uses must adequately indicate to product deliverers and underground
storage tank owners/operators that an underground storage tank is
ineligible to receive product. For a state developing a mechanism or
mechanisms to use to identify ineligible underground storage tanks, the
state should consult with underground storage tank owners/operators and
product delivery industries. A state should also consider the ease of
reclassifying an underground storage tank as eligible when choosing the
method(s) for identifying ineligible underground storage tanks.
Some examples of mechanisms for identifying ineligible underground
storage tanks include:
Red tags attached to each fill pipe of the ineligible
underground storage tank clearly identifying the tank as ineligible for
delivery, deposit, or acceptance of product;
Green tags attached to each fill pipe of the eligible
underground storage tank clearly identifying the tank as eligible for
delivery, deposit, or acceptance of product; or,
A certificate conspicuously displayed at the facility
clearly identifying the underground storage tank(s) at the facility as
eligible for delivery, deposit, or acceptance of product.
What Must a State Do To Reclassify Ineligible Underground Storage Tanks
as Eligible?
A state must reclassify an ineligible underground storage tank as
eligible to receive product as soon as practicable once the state
determines that the underground storage tank has been returned to
compliance.
The state, after notification by the owner/operator that the
violation(s) has/have been corrected, must do the following as soon as
practicable:
Confirm compliance. If any deficiencies that led to the
delivery prohibition remain, the state must notify the owner/operator.
Return the underground storage tank to being eligible to
receive product \7\ if the violation(s) has/have been corrected and
confirmed by the state.
---------------------------------------------------------------------------
\7\ After a state implementing agency confirms compliance, the
state may authorize another party to reclassify an underground
storage tank as eligible for delivery, deposit, or acceptance of
product. For example, upon confirming compliance the state may
provide written authorization to an owner or operator to remove the
red tag from the underground storage tank.
---------------------------------------------------------------------------
States that have used delivery prohibition programs in the past
have been responsive to the fact that when an underground storage tank
has been classified as ineligible to receive product, it must be
reclassified as eligible to receive product as soon as practicable once
the owner/operator has corrected the violation(s). For example, many
states ensure that underground storage tanks can be reclassified within
five (5) business days and often reclassify within 24 hours of being
notified of the correction(s).
What Are the Allowable Processes for Providing Adequate Notice to
Underground Storage Tank Owners/Operators and Product Deliverers?
When an underground storage tank is determined to be ineligible for
delivery, deposit, or acceptance of product, the state must make a
reasonable effort to notify tank owners and/or operators in writing
(e.g., field notification, mail, e-mail, or fax) prior to prohibiting
the delivery, deposit, or acceptance of product. If an owner or
operator is not present at the facility at the time the underground
storage tank is identified as ineligible, an employee \8\ at the
facility at the time of identification (in lieu of the owner or
operator) may be notified in writing prior to prohibiting delivery.
---------------------------------------------------------------------------
\8\ A state should generally make every effort to provide the
notification to the employee in charge of the facility at the time
an undeground storage tank is identified as ineligible for delivery,
deposit, or acceptance of product.
---------------------------------------------------------------------------
In addition, a state must develop processes and procedures for
notifying product deliverers when an underground storage tank is
ineligible for delivery, deposit, or acceptance of product. The
mechanism a state chooses for identifying eligible/ineligible
underground storage tanks (e.g., green tags, red tags) may provide
adequate notice to product deliverers.
How May States Apply Delivery Prohibition in Rural and Remote Areas?
A state may consider not treating an underground storage tank as
ineligible for delivery, deposit, or acceptance of product if such
treatment would jeopardize the availability of, or access to, motor
fuel in any rural and remote areas. However, a state may only defer
application of delivery prohibition for up to 180 days after
determining an underground storage tank is ineligible for delivery,
deposit, or acceptance of product. This limitation only applies in
situations requiring prohibition of delivery, deposit, or acceptance of
product, as described in the section entitled, ``What Are The Criteria
For Determining Which Underground Storage Tanks Are Ineligible For
Delivery, Deposit, Or Acceptance?''.
What Do States Need To Report to EPA?
Each state that receives Subtitle I funding must report to EPA as
part of its quarterly or semi-annual performance report the number of
underground storage tanks (or underground storage tank facilities)
identified as ineligible for delivery, deposit, or acceptance of
product during the reporting period.
What Enforcement Authority Must States Have for Delivery Prohibition?
States must, at a minimum, have the authority to impose civil
penalties against any person who delivers, deposits, or accepts product
at an underground storage tank identified as being ineligible for such
delivery, deposit, or acceptance.
How Will States Demonstrate Compliance With These Guidelines?
After August 8, 2007, the effective date of the delivery
prohibition requirements, and before receiving future grant funding,
states must provide one of the following to the appropriate EPA
Regional office:
For a state that has met the requirements for delivery
prohibition, the state must submit a certification indicating that the
state meets the requirements in the guidelines.
For a state that has not yet met the requirements for
delivery prohibition, the state must provide a document that describes
the state's efforts to meet the requirements. This document must
include:
--A description of the state's activities to date to meet the
requirements in the guidelines;
--A description of the state's planned activities to meet the
requirements; and
--The date by which the state expects to meet the requirements.
How Will EPA Enforce States' Compliance With the Requirements in These
Guidelines?
As a matter of law, each state that receives funding under Subtitle
I, which would include a Leaking Underground Storage Tank (LUST)
Cooperative Agreement, must comply with the underground storage tank
requirements of the Energy Policy Act. EPA anticipates State and Tribal
Assistance Grants (STAG) funds will be available under the 2007
Appropriations Act for certain purposes authorized by the Energy Policy
Act, and EPA will condition STAG grants with compliance with these
guidelines. Absent a compelling reason to the contrary, EPA expects to
address noncompliance with
[[Page 46475]]
these STAG grant conditions by utilizing EPA's grant enforcement
authorities under 40 CFR Part 31.43, as necessary and appropriate.
For More Information About the Delivery Prohibition Grant Guidelines
Visit the EPA Office of Underground Storage Tanks Web site at
www.epa.gov/oust or call 703-603-9900.
Background About the Energy Policy Act Of 2005
On August 8, 2005, President Bush signed the Energy Policy Act of
2005. Title XV, Subtitle B of this act (entitled the Underground
Storage Tank Compliance Act) contains amendments to Subtitle I of the
Solid Waste Disposal Act--the original legislation that created the
underground storage tank (UST) program. This new law significantly
affects Federal and state underground storage tank programs, will
require major changes to the programs, and is aimed at reducing
underground storage tank releases to our environment.
The underground storage tank provisions of the Energy Policy Act
focus on preventing releases. Among other things, the Act expands
eligible uses of the Leaking Underground Storage Tank (LUST) Trust Fund
and includes provisions regarding inspections, operator training,
delivery prohibition, secondary containment and financial
responsibility, and cleanup of releases that contain oxygenated fuel
additives.
Some of these provisions require implementation by August 2006;
others will require implementation in subsequent years. To implement
the new law, EPA and states will work closely with tribes, other
Federal agencies, tank owners and operators, and other stakeholders to
bring about the mandated changes affecting underground storage tank
facilities.
To see the full text of this new legislation and for more
information about EPA's work to implement the underground storage tank
provisions of the law, see: https://www.epa.gov/oust/fedlaws/nrg05_
01.htm
Dated: August 7, 2006.
Susan Parker Bodine,
Assistant Administrator, Office of Solid Waste and Emergency Response.
[FR Doc. E6-13283 Filed 8-11-06; 8:45 am]
BILLING CODE 6560-50-P
