Secondary Containment Grant Guidelines for States; Solid Waste Disposal Act, Subtitle I, as Amended by Title XV, Subtitle B of the Energy Policy Act of 2005, 67560-67565 [E6-19749]
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67560
Federal Register / Vol. 71, No. 225 / Wednesday, November 22, 2006 / Notices
and providing information; adjust the
existing ways to comply with any
previously applicable instructions and
requirements which have subsequently
changed; train personnel to be able to
respond to a collection of information;
search data sources; complete and
review the collection of information;
and transmit or otherwise disclose the
information.
Respondents/Affected Entities: State
and local agencies; members of the
public.
Estimated Number of Respondents:
5,220.
Frequency of Response: On occasion.
Estimated Total Annual Hour Burden:
9,595.
Estimated Total Annual Cost:
$296,603, which includes $100
annualizied capital or O&M costs and
$296,500 annual labor costs.
Changes in the Estimates: There is a
decrease of 6,245 hours in the total
estimated burden currently identified in
the OMB Inventory of Approved ICR.
This adjustment is due to using actual
data of the state and local officials
requesting OCA data and the public
visiting reading rooms. The previous
ICR estimated that all 50 states plus U.S.
territories and D.C. and at least 1,000 of
the 1,500 active LEPCs will be
requesting OCA data. However, EPA
only received requests for OCA data
from 9 LEPCs and 240 state officials in
the past three years. The public burden
and costs have also decreased from the
previous ICR, due to the actual number
of people that have visited the federal,
state and local reading rooms.
Dated: November 15, 2006.
Oscar Morales,
Director, Collection Strategies Division.
[FR Doc. E6–19756 Filed 11–21–06; 8:45 am]
BILLING CODE 6560–50–P
ENVIRONMENTAL PROTECTION
AGENCY
[IL228–1; FRL–8245–4]
Notice of Prevention of Significant
Deterioration Final Determination for
Indeck Elwood, LLC
Environmental Protection
Agency (EPA).
ACTION: Notice of final action.
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AGENCY:
SUMMARY: This notice announces that on
September 27, 2006, the Environmental
Appeals Board (EAB) of the EPA denied
in part, and remanded in part, a petition
for review of a federal Prevention of
Significant Deterioration (PSD) permit
issued to Indeck-Elwood, LLC by the
Illinois Environmental Protection
Agency (IEPA).
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The effective date for the EAB’s
decision is September 27, 2006.
Pursuant to Section 307(b)(1) of the
Clean Air Act, 42 U.S.C. 7607(b)(1),
judicial review of this permit decision,
to the extent it is available, may be
sought by filing a petition for review in
the United States Court of Appeals for
the Seventh Circuit within 60 days of
January 22, 2007.
DATES:
The documents relevant to
the above action are available for public
inspection during normal business
hours at the following address:
Environmental Protection Agency,
Region 5, 77 West Jackson Boulevard
(AR–18J), Chicago, Illinois 60604. To
arrange viewing of these documents,
call Constantine Blathras at (312) 886–
0671.
ADDRESSES:
FOR FURTHER INFORMATION CONTACT:
Constantine Blathras, Air and Radiation
Division, Air Programs Branch,
Environmental Protection Agency,
Region 5, 77 W. Jackson Boulevard (AR–
18J), Chicago, Illinois 60604. Anyone
who wishes to review the EAB
decision can obtain it at https://
www.epa.gov/eab/.
SUPPLEMENTARY INFORMATION:
Notification of EAB Final Decision
The IEPA, acting under authority of a
PSD delegation agreement, issued a PSD
permit to Indeck-Elwood, LLC on
October 10, 2003, granting approval to
construct a coal-fired steam electric
generating station in Elwood, Will
County, Illinois. The American Lung
Association of Metropolitan Chicago,
Citizens Against Ruining the
Environment, the Clean Air Task Force,
Lake County Conservation Alliance, and
the Sierra Club filed a petition for
review with the EAB on November 17,
2003. The EAB denied in part, and
remanded in part, the petition on
September 27, 2006. The EAB remands
the permit on the following issues: The
inclusion of Source-Wide Condition 9,
which allows Indeck Elwood to
construct a power plant with less
capacity than addressed by the permit
applicant; IEPA’s soils and vegetation
analysis; the permit’s substitution of
work and operational practices for Best
Available Control Technology numeric
limits during start-up, shut-down, and
malfunction events; and the permit’s
particulate matter emissions limits and
the absence of a limitation for
condensable particulate matter. On all
other issues, review is denied.
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Dated: November 13, 2006.
Jo Lynn Traub,
Acting Regional Administrator, Region 5.
[FR Doc. E6–19785 Filed 11–21–06; 8:45 am]
BILLING CODE 6560–50–P
ENVIRONMENTAL PROTECTION
AGENCY
[FRL–8245–2]
Secondary Containment 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 November 15, 2006 EPA issued
the secondary containment grant
guidelines and made the guidelines
available on EPA’s Web site at: https://
www.epa.gov/oust/fedlaws/epact_05.
htm#Final. In this notice, EPA is
publishing the secondary containment
grant guidelines in their entirety. EPA
developed the secondary containment
grant guidelines as required by section
9003(i)(1) of Subtitle I of the Solid
Waste Disposal Act, as amended by
section 1530 of the Energy Policy Act of
2005.
DATES: On November 15, 2006, EPA
issued and posted the secondary
containment grant guidelines on EPA’s
Web site. EPA is notifying the public via
this notice that the secondary
containment grant guidelines are
available as of November 22, 2006.
ADDRESSES: EPA posted the secondary
containment grant guidelines on our
Web site at: https://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 301–
604–3408. Ask for: Grant Guidelines To
States For Implementing The Secondary
Containment Provision Of The Energy
Policy Act Of 2005 (EPA 510–R–06–001,
November 2006).
FOR FURTHER INFORMATION CONTACT: Paul
Miller, EPA’s Office of Underground
Storage Tanks, at miller.paul@epa.gov
or (703) 603–7165.
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Federal Register / Vol. 71, No. 225 / Wednesday, November 22, 2006 / 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 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. The UST provisions of the
law significantly affect federal and state
UST programs; require major changes to
the programs; and are aimed at further
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 9003(i) of Subtitle I of the
Solid Waste Disposal Act, as amended
by section 1530 of the Energy Policy
Act, requires EPA to require states that
receive Subtitle I funding to impose
measures to protect groundwater from
contamination by USTs through use of
either secondary containment or
evidence of financial responsibility and
certification. As a result of that
requirement, EPA worked with states,
tribes, other federal agencies, tank
owners and operators, UST equipment
industry, and other stakeholders to
develop draft secondary containment
grant guidelines. In May 2006, EPA
released a draft of the secondary
containment grant guidelines. EPA
considered comments and, subsequently
on November 15, 2006, issued the
secondary containment 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. (Please
note that EPA intends to issue the
financial responsibility and certification
grant guidelines in the next few
months.)
Statutory and Executive Order
Reviews: Under Executive Order 12866
(58 FR 51735, October 4, 1993), this
action is not a ‘‘significant regulatory
action’’ and is therefore not subject to
OMB review. Because this grant action
is not subject to notice and comment
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SUPPLEMENTARY INFORMATION:
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requirements under the Administrative
Procedure Act or any other statute, it is
not subject to the Regulatory Flexibility
Act (5 U.S.C. Section 601) or Sections
202 and 205 of the Unfunded Mandates
Reform Act of 1999 (UMRA) (Pub. L.
104–4). In addition, this action does not
significantly or uniquely affect small
governments. Although this action does
create new binding legal requirements,
such requirements do not substantially
and directly affect Tribes under
Executive Order 13175 (63 FR 67249,
November 9, 2000). Although this grant
action does not have significant
Federalism implications under
Executive Order 13132 (64 FR 43255,
August 10, 1999), EPA consulted with
states in the development of these grant
guidelines. This action is not subject to
Executive Order 13211, ‘‘Actions
Concerning Regulations that
Significantly Affect Energy Supply,
Distribution, or Use’’ (66 FR 28355, May
22, 2001), because it is not a significant
regulatory action under Executive Order
12866. This action does not involve
technical standards; thus, the
requirements of Section 12(d) of the
National Technology Transfer and
Advancement Act of 1995 (15 U.S.C.
272 note) do not apply. This action does
not impose an information collection
burden under the provisions of the
Paperwork Reduction Act of 1995 (44
U.S.C. 3501 et seq.). The Congressional
Review Act, 5 U.S.C. 801 et seq.,
generally provides that before certain
actions may take effect, the agency
promulgating the action must submit a
report, which includes a copy of the
action, to each House of the Congress
and to the Comptroller General of the
United States. Since this final action
will contain legally binding
requirements, it is subject to the
Congressional Review Act, and EPA will
submit a report to Congress containing
this final action prior to the publication
of this action in the Federal Register.
Grant Guidelines to States for
Implementing the Secondary
Containment Provision of the Energy
Policy Act of 2005
U.S. Environmental Protection
Agency; Office of Underground Storage
Tanks; November 2006.
Contents
Overview of the Secondary Containment
Grant Guidelines
Why Is EPA Issuing These Guidelines?
What Is in These Guidelines?
When Do These Guidelines Take Effect?
Requirements for Secondary Containment
What Underground Tanks, Piping, and Motor
Fuel Dispenser Systems Do These
Guidelines Apply To?
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What Definitions Are Used in These
Guidelines?
How Does a State Implement These
Guidelines?
What Are the Minimum Secondary
Containment Requirements?
When Is Secondary Containment Required?
When Is Under-Dispenser Containment
Required?
Where Must the 1,000 Feet Be Measured
From?
How May States Determine When an
Underground Tank, Piping, or Motor Fuel
Dispenser System Is Not Within 1,000 Feet
of an Existing Community Water System or
Existing Potable Drinking Water Well?
How Will States Know That Secondary
Containment and Under-Dispenser
Containment are Installed Where
Required?
What Enforcement Authority Must States
Have for Secondary Containment?
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 Secondary
Containment Grant Guidelines
Background About the Energy Policy Act of
2005
Overview of the Secondary
Containment Grant Guidelines
Why Is EPA Issuing These Guidelines?
The U.S. Environmental Protection
Agency (EPA), in consultation with
states, developed these grant guidelines
to implement the secondary
containment provision in Section
9003(i)(1) 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.
Section 1530 of the Energy Policy Act
amends Section 9003 in Subtitle I of the
Solid Waste Disposal Act by adding
requirements for additional measures to
protect groundwater from
contamination. State underground
storage tank (UST) programs that receive
funding under Subtitle I must meet, at
a minimum, one of the following:
1. Tank and Piping Secondary
Containment—Each new or replaced
underground tank, or piping connected
to any such new or replaced tank, that
is within 1,000 feet of any existing
community water system or any existing
potable drinking water well must be
secondarily contained and monitored
for leaks. In the case of a replacement
of an existing underground tank or
existing piping connected to the
underground tank, the secondary
containment and monitoring shall apply
only to the specific underground tank or
piping being replaced, not to other
underground tanks and connected pipes
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Federal Register / Vol. 71, No. 225 / Wednesday, November 22, 2006 / Notices
comprising such system. In addition,
each new motor fuel dispenser system
installed within 1,000 feet of any
existing community water system or any
existing potable drinking water well
must have under-dispenser
containment. These requirements do not
apply to repairs meant to restore an
underground tank, pipe, or dispenser to
operating condition. or,
2. Evidence of Financial
Responsibility and Certification—A
person that manufactures an
underground tank or piping for an
underground storage tank system or
installs an underground storage tank
system must maintain evidence of
financial responsibility under Section
9003(d) of Subtitle I in order to provide
for the costs of corrective actions
directly related to releases caused by
improper manufacture or installation
unless the person can demonstrate
themselves to be already covered as an
owner or operator of an underground
storage tank under Section 9003 of
Subtitle I. In addition, underground
storage tank installers must: be certified
or licensed; have the installation
certified or approved; install the
underground storage tank system
compliant with a code of practice and
in accordance with the manufacturer’s
instructions; or use another method
determined to be no less protective of
human health and the environment.
EPA’s Office of Underground Storage
Tanks (OUST) is issuing these grant
guidelines to establish the minimum
requirements a state receiving Subtitle I
funding (hereafter referred to as ‘‘state’’)
must meet in order to comply with the
secondary containment requirements in
the Energy Policy Act.
What Is in These Guidelines?
These guidelines describe the
minimum requirements for secondary
containment that a state’s underground
storage tank program must contain in
order for a state to comply with
statutory requirements for Subtitle I
funding. These guidelines include
definitions, requirements, and examples
for states choosing to implement the
secondary containment provision.
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When Do These Guidelines Take Effect?
States receiving Subtitle I funding
must implement either the secondary
containment requirements described in
these guidelines or the financial
responsibility and installer certification
requirements (described in separate
guidelines) by February 8, 2007.
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Requirements for Secondary
Containment
What Underground Tanks, Piping, and
Motor Fuel Dispenser Systems Do These
Guidelines Apply To?
These guidelines apply to new or
replaced underground tanks and piping
regulated under Subtitle I except those
excluded by regulation at 40 CFR
280.10(b) and those deferred by
regulation at 40 CFR 280.10(c). New or
replaced underground tanks and piping
used for emergency power generation
[deferred from release detection by
280.10(d)] must meet these guidelines.
These guidelines also apply to new
motor fuel dispenser systems connected
to underground storage tank systems
covered by these guidelines.
What Definitions Are Used in These
Guidelines?
The following are definitions for
purposes of these guidelines.
Community Water System (CWS)—A
public water system which serves at
least 15 service connections used by
year-round residents or regularly serves
at least 25 year-round residents.
This definition is taken from the
federal drinking water regulations at 40
CFR 141.2 (7–1–02 Edition).
Existing—For purposes of these
guidelines, existing means that an
underground tank, piping, motor fuel
dispensing system, facility, community
water system, or potable drinking water
well is in place when a new installation
or replacement of an underground tank,
piping, or motor fuel dispensing system
begins.
Installation of a New Motor Fuel
Dispenser System—The installation of a
new motor fuel dispenser and the
equipment necessary to connect the
dispenser to the underground storage
tank system. It does not mean the
installation of a motor fuel dispenser
installed separately from the equipment
needed to connect the dispenser to the
underground storage tank system. For
purposes of these guidelines, the
equipment necessary to connect the
motor fuel dispenser to the underground
storage tank system may include check
valves, shear valves, unburied risers or
flexible connectors, or other transitional
components that are beneath the
dispenser and connect the dispenser to
the underground piping.
Motor Fuel—Petroleum or a
petroleum-based substance that is motor
gasoline, aviation gasoline, No. 1 or No.
2 diesel fuel, or any grade of gasohol
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and is typically used in the operation of
a motor engine.1
Piping—For purposes of these
guidelines, piping is the hollow
cylinder or the tubular conduit
constructed of non-earthen materials
that routinely contains and conveys
regulated substances from the
underground tank(s) to the dispenser(s)
or other end-use equipment. Such
piping includes any elbows, couplings,
unions, valves, or other in-line fixtures
that contain and convey regulated
substances from the underground
tank(s) to the dispenser(s). This
definition does not include vent, vapor
recovery, or fill lines.
Potable Drinking Water Well—Any
hole (dug, driven, drilled, or bored) that
extends into the earth until it meets
groundwater which:
• Supplies water for a noncommunity public water system, or
• Otherwise supplies water for
household use (consisting of drinking,
bathing, and cooking, or other similar
uses).
Such wells may provide water to
entities such as a single-family
residence, group of residences,
businesses, schools, parks,
campgrounds, and other permanent or
seasonal communities.
Public Water System (PWS)—A
system for the provision to the public of
water for human consumption through
pipes or, after August 5, 1998, other
constructed conveyances, if such system
has at least 15 service connections or
regularly serves an average of at least 25
individuals daily at least 60 days out of
the year. Such term includes: any
collection, treatment, storage, and
distribution facilities under control of
the operator of such system and used
primarily in connection with such
system; and, any collection or
pretreatment storage facilities not under
such control which are used primarily
in connection with such system. Such
term does not include any ‘‘special
irrigation district.’’ A public water
system is either a ‘‘community water
system’’ or a ‘‘non-community water
system.’’
This definition is taken from the
federal drinking water regulations at 40
CFR 141.2 (7–1–02 Edition).
Replace—This term applies to
underground tanks and piping.
1 This definition applies to blended petroleum
motor fuels such as biodiesel and ethanol blends
that contain more than a de minimis amount of
petroleum or petroleum-based substance.
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Underground tank—Replace means to
remove an existing underground tank
and install a new underground tank.2
Piping—Replace means to remove and
put back in an amount of piping
connected to a single underground tank
defined by the state to be a replacement.
States may determine the amount of
piping connected to a single
underground tank that triggers
replacement by piping length, percent of
piping replaced, percent of piping
replacement cost, or some combination
of these. At a minimum, states must
consider a piping replacement to have
occurred when 100 percent of the
piping, excluding connectors (such as
flexible connectors), connected to a
single underground tank is removed and
put back in. States are encouraged to
consider variations in underground
storage tank system layout, such as
those having extensive piping runs,
when determining piping replacement
criteria.
Secondary Containment—A release
prevention and release detection system
for an underground tank and/or piping.
The release prevention part of
secondary containment is an
underground tank and/or piping having
an inner and outer barrier. Between
these two barriers is a space for
monitoring. The release detection part
of secondary containment is a method of
monitoring the space between the inner
and outer barriers for a leak or release
of regulated substances from the
underground tank and/or piping (called
interstitial monitoring). Interstitial
monitoring must meet the release
detection requirements in 40 CFR
280.43(g).
Under-Dispenser Containment
(UDC)—Containment underneath a
dispenser that will prevent leaks from
the dispenser from reaching soil or
groundwater. Such containment must:
• Be liquid-tight on its sides, bottom,
and at any penetrations;
• Be compatible with the substance
conveyed by the piping; and
• Allow for visual inspection and
access to the components in the
containment system and/or be
monitored.
Underground Storage Tank (UST)—
This term has the same meaning given
to it in Section 9001 of Subtitle I, except
that such term does not include tank
combinations or more than a single
underground pipe connected to a tank.
Underground Tank—This term has
the same meaning as underground
storage tank except that such term does
not include underground piping.
2 A new underground tank is a tank that meets the
new tank standards in 40 CFR 280.20, whether or
not the tank was ever used before.
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How Does a State Implement These
Guidelines?
A state implements these guidelines
by:
• Requiring secondary containment
and interstitial monitoring for all new or
replaced underground tanks and piping
unless a state determines 3 that the new
or replaced underground tank and
piping are not within 1,000 feet of any
existing community water system or any
existing potable drinking water well;
and
• Requiring under-dispenser
containment for all new motor fuel
dispenser systems unless a state
determines that the new motor fuel
dispenser system is not within 1,000
feet of any existing community water
system or any existing potable drinking
water well.
The state must meet these
requirements by February 8, 2007.
A state may choose to develop more
stringent requirements than described in
these guidelines. For example, a state
may choose to require secondary
containment for all new installations
and replacements, independent of
whether the installation is within 1,000
feet of any existing community water
system or any existing potable drinking
water well. Likewise, a state may choose
to develop more stringent definitions.
What Are the Minimum Secondary
Containment Requirements?
Consistent with current EPA
regulations for hazardous substance
tanks and piping [see 40 CFR
280.42(b)(1)], these guidelines require
that, at a minimum, secondary
containment systems be designed,
constructed, and installed to:
• Contain regulated substances
released from the tank system until they
are detected and removed,
• Prevent the release of regulated
substances to the environment at any
time during the operational life of the
underground storage tank system, and
• Be checked for evidence of a release
at least every 30 days.
In addition, interstitial monitoring
must meet the requirements of 40 CFR
280.43(g).
Section 1530 of the Energy Policy Act
does not include under-dispenser
containment as part of the secondary
containment requirements for new or
replaced underground tanks and piping.
Instead, under-dispenser containment is
3 See the section titled How May States Determine
When An Underground Tank, Piping, Or Motor
Fuel Dispenser System Is Not Within 1,000 Feet Of
An Existing Community Water System Or Existing
Potable Drinking Water Well? of these guidelines
for further information.
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required when installing a new motor
fuel dispenser system. However, in
cases where secondary containment of
piping is required, under-dispenser
containment may be necessary for
secondary containment of the piping
near the dispenser. Likewise,
containment above the underground
tank may be necessary for secondary
containment of the piping near the
underground tank.
When Is Secondary Containment
Required?
Secondary containment, including
interstitial monitoring, is required for all
new or replaced underground tanks and
piping unless a state determines that the
installation is not within 1,000 feet of
any existing community water system or
any existing potable drinking water
well. If an existing underground tank is
replaced, the secondary containment
and interstitial monitoring requirements
apply only to the replaced underground
tank. Likewise, if existing piping is
replaced, the secondary containment
and interstitial monitoring requirements
apply only to the replaced piping. States
are not required to apply the
requirements in these guidelines to
repairs meant to restore an underground
tank, piping, or dispenser to operating
condition. Solely for purposes of
determining when secondary
containment is required by these
guidelines, a repair is any activity that
does not meet the definition of replace.
Manifolded Underground Tanks:
States are not required to apply the
secondary containment requirements to
underground tanks that are not new or
replaced in a manifolded underground
tank system.
Multiple Piping Runs Connected To A
Single Underground Tank: For
underground tanks with multiple piping
runs, states are not required to apply the
secondary containment requirements to
those piping runs that are not new or
replaced.
Suction Piping And Manifold Piping:
States are not required to apply the
secondary containment requirements to
suction piping that meets the
requirements at 40 CFR 280.41(b)(2)(i)–
(v) or to piping that manifolds two or
more underground tanks together.
New Dispensers And Connected
Piping At An Existing Underground
Storage Tank Facility: If a new motor
fuel dispenser system is installed at an
existing underground storage tank
facility and new piping is added to the
underground storage tank system to
connect the new dispenser to the
existing system, then the new dispenser
must have under-dispenser containment
and the new piping must meet the
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requirements described in these
guidelines. States are not required to
apply the requirements in these
guidelines to the existing piping to
which the new piping is connected.
New Underground Storage Tank
Facilities: If a new underground storage
tank facility will be installed that is not
within 1,000 feet of any existing
community water system or any existing
potable drinking water well and the
owner will install a potable drinking
water well at the new facility that is
within 1,000 feet of the underground
tanks, piping, or motor fuel dispenser
systems as part of the new underground
storage tank facility installation, then
secondary containment and underdispenser containment are required,
regardless of whether the well is
installed before or after the underground
tanks, piping, and motor fuel dispenser
systems are installed.
Although not required by these
guidelines, states may want to consider
the following when developing
secondary containment and underdispenser containment requirements for
new and replaced underground tanks
and piping and new motor fuel
dispenser systems:
• Designated source water protection
areas,
• Water sources such as natural
springs and surface waters, and
• Planned locations for new
community water systems and new
potable drinking water wells.
EPA encourages state underground
storage tank programs to work with state
agencies responsible for drinking water
programs and state well permitting
authorities to protect source water and
other sensitive areas.
When Is Under-Dispenser Containment
Required?
All new motor fuel dispenser systems
must have under-dispenser containment
unless a state determines that the new
dispenser is not located within 1,000
feet of any existing community water
system or any existing potable drinking
water well. A motor fuel dispenser
system is considered new when:
• A dispenser is installed at a
location where there previously was no
dispenser (new underground storage
tank system or new dispenser location
at an existing underground storage tank
system), or
• An existing dispenser is removed
and replaced with another dispenser
and the equipment used to connect the
dispenser to the underground storage
tank system is replaced. This equipment
may include unburied flexible
connectors or risers or other transitional
components that are beneath the
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22:25 Nov 21, 2006
Jkt 211001
dispenser and connect the dispenser to
the piping.
Where Must the 1,000 Feet Be Measured
From?
To determine if a new or replaced
underground tank or piping or new
motor fuel dispenser system is within
1,000 feet of any existing community
water system or any existing potable
drinking water well, at a minimum the
distance must be measured from the
closest part of the new or replaced
underground tank or piping or new
motor fuel dispenser system to:
• The closest part of the nearest
existing community water system,
including such components as:
—The location of the wellhead(s) for
groundwater and/or the location of
the intake point(s) for surface water;
—Water lines, processing tanks, and
water storage tanks; and
—Water distribution/service lines under
the control of the community water
system operator.
• The wellhead of the nearest existing
potable drinking water well.
How May States Determine When an
Underground Tank, Piping, or Motor
Fuel Dispenser System Is Not Within
1,000 Feet of an Existing Community
Water System or Existing Potable
Drinking Water Well?
States must have a system in place for
determining when new or replaced
underground tanks or piping or new
motor fuel dispenser systems are not
within 1,000 feet of any existing
community water system or any existing
potable drinking water well. There are
various options states may use for
making this determination. The
following are some examples for
meeting this requirement.
• States may determine, or establish
criteria for determining, when new or
replaced underground tanks or piping or
new motor fuel dispenser systems are
not within 1,000 feet.
• States may designate another entity
to determine whether new or replaced
underground tanks or piping or new
motor fuel dispenser systems are not
within 1,000 feet.
• States may require that owners or
operators demonstrate to the satisfaction
of the state that their new or replaced
underground tanks or piping or new
motor fuel dispenser systems are not
within 1,000 feet.
How Will States Know That Secondary
Containment and Under-Dispenser
Containment Are Installed Where
Required?
States must have a system in place so
they will know that secondary
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Fmt 4703
Sfmt 4703
containment and under-dispenser
containment are installed where
required by these guidelines. Such a
system could be registration,
notification, record keeping, or another
mechanism developed by the state.
What Enforcement Authority Must
States Have for Secondary
Containment?
At a minimum, states must have
comparable enforcement authorities for
their secondary containment
requirements as they have for current
underground storage tank requirements.
How Will States Demonstrate
Compliance With These Guidelines?
After February 8, 2007, the effective
date of the secondary containment
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 secondary
containment, 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 secondary
containment, 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.
EPA may verify state certifications of
compliance through site visits, record
reviews, or audits as authorized by 40
CFR Part 31.
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 certain
underground storage tank requirements
of Subtitle I. 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 these STAG grant
conditions by utilizing EPA’s grant
E:\FR\FM\22NON1.SGM
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Federal Register / Vol. 71, No. 225 / Wednesday, November 22, 2006 / Notices
enforcement authorities under 40 CFR
Part 31.43, as necessary and
appropriate.
ENVIRONMENTAL PROTECTION
AGENCY
For More Information About the
Secondary Containment Grant
Guidelines Visit the EPA Office of
Underground Storage Tanks Web site at
https://www.epa.gov/oust or call 703–
603–9900.
The Association of American Pesticide
Control Officials (AAPCO)/Full State
FIFRA Issues Research and Evaluation
Group (SFIREG); Notice of Public
Meeting
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. These amendments
significantly affect federal and state
underground storage tank programs,
will require major changes to the
programs, and are aimed at reducing
underground storage tank releases to our
environment.
The amendments focus on preventing
releases. Among other things, they
expand eligible uses of the Leaking
Underground Storage Tank (LUST)
Trust Fund and include 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.
pwalker on PROD1PC61 with NOTICES
Dated: November 15, 2006.
Susan Parker Bodine,
Assistant Administrator, Office of Solid Waste
and Emergency Response.
[FR Doc. E6–19749 Filed 11–21–06; 8:45 am]
VerDate Aug<31>2005
22:25 Nov 21, 2006
Jkt 211001
Environmental Protection
Agency (EPA).
ACTION: Notice.
AGENCY:
Background About The Energy Policy
Act Of 2005
BILLING CODE 6560–50–P
[EPA–HQ–OPP–2006–0907; FRL–8103–5]
SUMMARY: The Association of American
Pesticide Control Officials (AAPCO)/
Full State FIFRA Issues Research and
Evaluation Group (SFIREG) will hold a
2–day meeting, beginning on December
4, 2006 and ending December 5, 2006.
This notice announces the location and
times for the meeting and sets forth the
tentative agenda topics.
DATES: The meeting will be held on
December 4, 2006 from 8.30 a.m. to 5
p.m. and 8:30 a.m. to 12 noon on
December 5, 2006.
To request accommodation of a
disability, please contact the person
listed under FOR FURTHER INFORMATON
CONTACT, preferably at least 10 days
prior to the meeting, to give EPA as
much time as possible to process your
request.
ADDRESSES: The meeting will be held at
Radisson Hotel Reagan National Airport,
2020 Jefferson Davis Highway,
Arlington, VA 22202.
FOR FURTHER INFORMATION CONTACT:
Georgia McDuffie, Field and External
Affairs Division (7506P), Office of
Pesticide Programs, Environmental
Protection Agency, 1200 Pennsylvania
Ave., NW., Washington, DC 20460-0001;
telephone number: (703) 605-0195; fax
number: (703) 308-1850; e-mail address:
mcduffie.georgia@epa.gov or Philip H.
Gray, SFIREG Executive Secretary, P.O.
Box 1249, Hardwick, VT 05843-1249;
telephone number: (802) 472-6956; fax
number: (802) 472-6957; e-mail address:
aapco@plainfield.bypass.com
SUPPLEMENTARY INFORMATION:
I. General Information
A. Does this Action Apply to Me?
You may be potentially affected by
this action if you all parties interested
in SFIREG information exchange
relationship with EPA regarding
important issues related to human
health, environmental exposure to
pesticides, and insight into EPA’s
decision-making process are invited and
encouraged to attend the meetings and
participate as appropriate. Potentially
affected entities may include, but are
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Fmt 4703
Sfmt 4703
67565
not limited to: Those persons who are
or may be required to conduct testing of
chemical substances under the Federal
Food, Drug and Cosmetic Act (FFDCA),
or the Federal Insecticide, Fungicide,
and Rodenticide Act (FIFRA).
B. How Can I Get Copies of this
Document and Other Related
Information?
1. Docket. EPA has established a
docket for this action under docket
identification (ID) number EPA–HQ–
OPP–2006–0907. Publicly available
docket materials are available either in
the electronic docket at https://
www.regulations.gov, or, if only
available in hard copy at the Office of
Pesticide Programs (OPP) Regulatory
Public Docket in Rm. S-4400, One
Potomac Yard (South Building), 2777 S.
Crystal Drive Arlington, VA. The hours
of operation of this Docket Facility are
from 8:30 a.m. to 4 p.m., Monday
through Friday, excluding legal
holidays. The Docket telephone number
is (703) 305-5805.
2. Electronic access. You may access
this Federal Register document
electronically through the EPA Internet
under the ‘‘Federal Register’’ listings at
https://www.epa.gov/fedrgstr.
II. Tentative Agenda
1. Electronic Labeling and Unique
Label Identifiers
2. Drift Issues and Lessons Learned
3. Implementation of Container and
Containment Regulations
4. OPP Performance Measures
5. Endangered Species
Implementation Update and the Role of
the Services in Enforcements.
6. Section 18 Renewal Process
7. Water Quality Benchmarks and
Metabolite Issues
8. TPPC Issues and Participation in
SFIREG
9. Review of ‘‘Parking Lot Issues’’
10. EPA Update/Briefing
a. Office of Pesticide Programs Update
b. Office of Enforcement Compliance
Assurance Update
11. Antimicrobials Division Notice on
HVAC products
12. Regional/Working Committee
Reports
List of Subjects
Environmental protection.
Dated: November 13, 2006.
William R. Diamond,
Director, Field External Affairs Division,
Office of Pesticide Programs
[FR Doc. E6–19576 Filed 11–21–06; 8:45 am]
BILLING CODE 6560–50–S
E:\FR\FM\22NON1.SGM
22NON1
]]>Agencies
[Federal Register Volume 71, Number 225 (Wednesday, November 22, 2006)]
[Notices]
[Pages 67560-67565]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E6-19749]
-----------------------------------------------------------------------
ENVIRONMENTAL PROTECTION AGENCY
[FRL-8245-2]
Secondary Containment 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 November 15, 2006 EPA issued the secondary containment grant
guidelines and made the guidelines available on EPA's Web site at:
https://www.epa.gov/oust/fedlaws/epact_05.htm#Final. In
this notice, EPA is publishing the secondary containment grant
guidelines in their entirety. EPA developed the secondary containment
grant guidelines as required by section 9003(i)(1) of Subtitle I of the
Solid Waste Disposal Act, as amended by section 1530 of the Energy
Policy Act of 2005.
DATES: On November 15, 2006, EPA issued and posted the secondary
containment grant guidelines on EPA's Web site. EPA is notifying the
public via this notice that the secondary containment grant guidelines
are available as of November 22, 2006.
ADDRESSES: EPA posted the secondary containment grant guidelines on our
Web site at: https://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 301-604-
3408. Ask for: Grant Guidelines To States For Implementing The
Secondary Containment Provision Of The Energy Policy Act Of 2005 (EPA
510-R-06-001, November 2006).
FOR FURTHER INFORMATION CONTACT: Paul Miller, EPA's Office of
Underground Storage Tanks, at miller.paul@epa.gov or (703) 603-7165.
[[Page 67561]]
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. The UST provisions of the law
significantly affect federal and state UST programs; require major
changes to the programs; and are aimed at further 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 9003(i) of Subtitle I of the Solid Waste Disposal Act, as
amended by section 1530 of the Energy Policy Act, requires EPA to
require states that receive Subtitle I funding to impose measures to
protect groundwater from contamination by USTs through use of either
secondary containment or evidence of financial responsibility and
certification. As a result of that requirement, EPA worked with states,
tribes, other federal agencies, tank owners and operators, UST
equipment industry, and other stakeholders to develop draft secondary
containment grant guidelines. In May 2006, EPA released a draft of the
secondary containment grant guidelines. EPA considered comments and,
subsequently on November 15, 2006, issued the secondary containment
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. (Please note that EPA intends
to issue the financial responsibility and certification grant
guidelines in the next few months.)
Statutory and Executive Order Reviews: Under Executive Order 12866
(58 FR 51735, October 4, 1993), this action is not a ``significant
regulatory action'' and is therefore not subject to OMB review. Because
this grant action is not subject to notice and comment requirements
under the Administrative Procedure Act or any other statute, it is not
subject to the Regulatory Flexibility Act (5 U.S.C. Section 601) or
Sections 202 and 205 of the Unfunded Mandates Reform Act of 1999 (UMRA)
(Pub. L. 104-4). In addition, this action does not significantly or
uniquely affect small governments. Although this action does create new
binding legal requirements, such requirements do not substantially and
directly affect Tribes under Executive Order 13175 (63 FR 67249,
November 9, 2000). Although this grant action does not have significant
Federalism implications under Executive Order 13132 (64 FR 43255,
August 10, 1999), EPA consulted with states in the development of these
grant guidelines. This action is not subject to Executive Order 13211,
``Actions Concerning Regulations that Significantly Affect Energy
Supply, Distribution, or Use'' (66 FR 28355, May 22, 2001), because it
is not a significant regulatory action under Executive Order 12866.
This action does not involve technical standards; thus, the
requirements of Section 12(d) of the National Technology Transfer and
Advancement Act of 1995 (15 U.S.C. 272 note) do not apply. This action
does not impose an information collection burden under the provisions
of the Paperwork Reduction Act of 1995 (44 U.S.C. 3501 et seq.). The
Congressional Review Act, 5 U.S.C. 801 et seq., generally provides that
before certain actions may take effect, the agency promulgating the
action must submit a report, which includes a copy of the action, to
each House of the Congress and to the Comptroller General of the United
States. Since this final action will contain legally binding
requirements, it is subject to the Congressional Review Act, and EPA
will submit a report to Congress containing this final action prior to
the publication of this action in the Federal Register.
Grant Guidelines to States for Implementing the Secondary Containment
Provision of the Energy Policy Act of 2005
U.S. Environmental Protection Agency; Office of Underground Storage
Tanks; November 2006.
Contents
Overview of the Secondary Containment Grant Guidelines
Why Is EPA Issuing These Guidelines?
What Is in These Guidelines?
When Do These Guidelines Take Effect?
Requirements for Secondary Containment
What Underground Tanks, Piping, and Motor Fuel Dispenser Systems Do
These Guidelines Apply To?
What Definitions Are Used in These Guidelines?
How Does a State Implement These Guidelines?
What Are the Minimum Secondary Containment Requirements?
When Is Secondary Containment Required?
When Is Under-Dispenser Containment Required?
Where Must the 1,000 Feet Be Measured From?
How May States Determine When an Underground Tank, Piping, or Motor
Fuel Dispenser System Is Not Within 1,000 Feet of an Existing
Community Water System or Existing Potable Drinking Water Well?
How Will States Know That Secondary Containment and Under-Dispenser
Containment are Installed Where Required?
What Enforcement Authority Must States Have for Secondary
Containment?
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 Secondary Containment Grant Guidelines
Background About the Energy Policy Act of 2005
Overview of the Secondary Containment Grant Guidelines
Why Is EPA Issuing These Guidelines?
The U.S. Environmental Protection Agency (EPA), in consultation
with states, developed these grant guidelines to implement the
secondary containment provision in Section 9003(i)(1) 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.
Section 1530 of the Energy Policy Act amends Section 9003 in
Subtitle I of the Solid Waste Disposal Act by adding requirements for
additional measures to protect groundwater from contamination. State
underground storage tank (UST) programs that receive funding under
Subtitle I must meet, at a minimum, one of the following:
1. Tank and Piping Secondary Containment--Each new or replaced
underground tank, or piping connected to any such new or replaced tank,
that is within 1,000 feet of any existing community water system or any
existing potable drinking water well must be secondarily contained and
monitored for leaks. In the case of a replacement of an existing
underground tank or existing piping connected to the underground tank,
the secondary containment and monitoring shall apply only to the
specific underground tank or piping being replaced, not to other
underground tanks and connected pipes
[[Page 67562]]
comprising such system. In addition, each new motor fuel dispenser
system installed within 1,000 feet of any existing community water
system or any existing potable drinking water well must have under-
dispenser containment. These requirements do not apply to repairs meant
to restore an underground tank, pipe, or dispenser to operating
condition. or,
2. Evidence of Financial Responsibility and Certification--A person
that manufactures an underground tank or piping for an underground
storage tank system or installs an underground storage tank system must
maintain evidence of financial responsibility under Section 9003(d) of
Subtitle I in order to provide for the costs of corrective actions
directly related to releases caused by improper manufacture or
installation unless the person can demonstrate themselves to be already
covered as an owner or operator of an underground storage tank under
Section 9003 of Subtitle I. In addition, underground storage tank
installers must: be certified or licensed; have the installation
certified or approved; install the underground storage tank system
compliant with a code of practice and in accordance with the
manufacturer's instructions; or use another method determined to be no
less protective of human health and the environment.
EPA's Office of Underground Storage Tanks (OUST) is issuing these
grant guidelines to establish the minimum requirements a state
receiving Subtitle I funding (hereafter referred to as ``state'') must
meet in order to comply with the secondary containment requirements in
the Energy Policy Act.
What Is in These Guidelines?
These guidelines describe the minimum requirements for secondary
containment that a state's underground storage tank program must
contain in order for a state to comply with statutory requirements for
Subtitle I funding. These guidelines include definitions, requirements,
and examples for states choosing to implement the secondary containment
provision.
When Do These Guidelines Take Effect?
States receiving Subtitle I funding must implement either the
secondary containment requirements described in these guidelines or the
financial responsibility and installer certification requirements
(described in separate guidelines) by February 8, 2007.
Requirements for Secondary Containment
What Underground Tanks, Piping, and Motor Fuel Dispenser Systems Do
These Guidelines Apply To?
These guidelines apply to new or replaced underground tanks and
piping regulated under Subtitle I except those excluded by regulation
at 40 CFR 280.10(b) and those deferred by regulation at 40 CFR
280.10(c). New or replaced underground tanks and piping used for
emergency power generation [deferred from release detection by
280.10(d)] must meet these guidelines. These guidelines also apply to
new motor fuel dispenser systems connected to underground storage tank
systems covered by these guidelines.
What Definitions Are Used in These Guidelines?
The following are definitions for purposes of these guidelines.
Community Water System (CWS)--A public water system which serves at
least 15 service connections used by year-round residents or regularly
serves at least 25 year-round residents.
This definition is taken from the federal drinking water
regulations at 40 CFR 141.2 (7-1-02 Edition).
Existing--For purposes of these guidelines, existing means that an
underground tank, piping, motor fuel dispensing system, facility,
community water system, or potable drinking water well is in place when
a new installation or replacement of an underground tank, piping, or
motor fuel dispensing system begins.
Installation of a New Motor Fuel Dispenser System--The installation
of a new motor fuel dispenser and the equipment necessary to connect
the dispenser to the underground storage tank system. It does not mean
the installation of a motor fuel dispenser installed separately from
the equipment needed to connect the dispenser to the underground
storage tank system. For purposes of these guidelines, the equipment
necessary to connect the motor fuel dispenser to the underground
storage tank system may include check valves, shear valves, unburied
risers or flexible connectors, or other transitional components that
are beneath the dispenser and connect the dispenser to the underground
piping.
Motor Fuel--Petroleum or a petroleum-based substance that is motor
gasoline, aviation gasoline, No. 1 or No. 2 diesel fuel, or any grade
of gasohol and is typically used in the operation of a motor engine.\1\
---------------------------------------------------------------------------
\1\ This definition applies to blended petroleum motor fuels
such as biodiesel and ethanol blends that contain more than a de
minimis amount of petroleum or petroleum-based substance.
---------------------------------------------------------------------------
Piping--For purposes of these guidelines, piping is the hollow
cylinder or the tubular conduit constructed of non-earthen materials
that routinely contains and conveys regulated substances from the
underground tank(s) to the dispenser(s) or other end-use equipment.
Such piping includes any elbows, couplings, unions, valves, or other
in-line fixtures that contain and convey regulated substances from the
underground tank(s) to the dispenser(s). This definition does not
include vent, vapor recovery, or fill lines.
Potable Drinking Water Well--Any hole (dug, driven, drilled, or
bored) that extends into the earth until it meets groundwater which:
Supplies water for a non-community public water system, or
Otherwise supplies water for household use (consisting of
drinking, bathing, and cooking, or other similar uses).
Such wells may provide water to entities such as a single-family
residence, group of residences, businesses, schools, parks,
campgrounds, and other permanent or seasonal communities.
Public Water System (PWS)--A system for the provision to the public
of water for human consumption through pipes or, after August 5, 1998,
other constructed conveyances, if such system has at least 15 service
connections or regularly serves an average of at least 25 individuals
daily at least 60 days out of the year. Such term includes: any
collection, treatment, storage, and distribution facilities under
control of the operator of such system and used primarily in connection
with such system; and, any collection or pretreatment storage
facilities not under such control which are used primarily in
connection with such system. Such term does not include any ``special
irrigation district.'' A public water system is either a ``community
water system'' or a ``non-community water system.''
This definition is taken from the federal drinking water
regulations at 40 CFR 141.2 (7-1-02 Edition).
Replace--This term applies to underground tanks and piping.
[[Page 67563]]
Underground tank--Replace means to remove an existing underground
tank and install a new underground tank.\2\
---------------------------------------------------------------------------
\2\ A new underground tank is a tank that meets the new tank
standards in 40 CFR 280.20, whether or not the tank was ever used
before.
---------------------------------------------------------------------------
Piping--Replace means to remove and put back in an amount of piping
connected to a single underground tank defined by the state to be a
replacement. States may determine the amount of piping connected to a
single underground tank that triggers replacement by piping length,
percent of piping replaced, percent of piping replacement cost, or some
combination of these. At a minimum, states must consider a piping
replacement to have occurred when 100 percent of the piping, excluding
connectors (such as flexible connectors), connected to a single
underground tank is removed and put back in. States are encouraged to
consider variations in underground storage tank system layout, such as
those having extensive piping runs, when determining piping replacement
criteria.
Secondary Containment--A release prevention and release detection
system for an underground tank and/or piping. The release prevention
part of secondary containment is an underground tank and/or piping
having an inner and outer barrier. Between these two barriers is a
space for monitoring. The release detection part of secondary
containment is a method of monitoring the space between the inner and
outer barriers for a leak or release of regulated substances from the
underground tank and/or piping (called interstitial monitoring).
Interstitial monitoring must meet the release detection requirements in
40 CFR 280.43(g).
Under-Dispenser Containment (UDC)--Containment underneath a
dispenser that will prevent leaks from the dispenser from reaching soil
or groundwater. Such containment must:
Be liquid-tight on its sides, bottom, and at any
penetrations;
Be compatible with the substance conveyed by the piping;
and
Allow for visual inspection and access to the components
in the containment system and/or be monitored.
Underground Storage Tank (UST)--This term has the same meaning
given to it in Section 9001 of Subtitle I, except that such term does
not include tank combinations or more than a single underground pipe
connected to a tank.
Underground Tank--This term has the same meaning as underground
storage tank except that such term does not include underground piping.
How Does a State Implement These Guidelines?
A state implements these guidelines by:
Requiring secondary containment and interstitial
monitoring for all new or replaced underground tanks and piping unless
a state determines \3\ that the new or replaced underground tank and
piping are not within 1,000 feet of any existing community water system
or any existing potable drinking water well; and
---------------------------------------------------------------------------
\3\ See the section titled How May States Determine When An
Underground Tank, Piping, Or Motor Fuel Dispenser System Is Not
Within 1,000 Feet Of An Existing Community Water System Or Existing
Potable Drinking Water Well? of these guidelines for further
information.
---------------------------------------------------------------------------
Requiring under-dispenser containment for all new motor
fuel dispenser systems unless a state determines that the new motor
fuel dispenser system is not within 1,000 feet of any existing
community water system or any existing potable drinking water well.
The state must meet these requirements by February 8, 2007.
A state may choose to develop more stringent requirements than
described in these guidelines. For example, a state may choose to
require secondary containment for all new installations and
replacements, independent of whether the installation is within 1,000
feet of any existing community water system or any existing potable
drinking water well. Likewise, a state may choose to develop more
stringent definitions.
What Are the Minimum Secondary Containment Requirements?
Consistent with current EPA regulations for hazardous substance
tanks and piping [see 40 CFR 280.42(b)(1)], these guidelines require
that, at a minimum, secondary containment systems be designed,
constructed, and installed to:
Contain regulated substances released from the tank system
until they are detected and removed,
Prevent the release of regulated substances to the
environment at any time during the operational life of the underground
storage tank system, and
Be checked for evidence of a release at least every 30
days.
In addition, interstitial monitoring must meet the requirements of
40 CFR 280.43(g).
Section 1530 of the Energy Policy Act does not include under-
dispenser containment as part of the secondary containment requirements
for new or replaced underground tanks and piping. Instead, under-
dispenser containment is required when installing a new motor fuel
dispenser system. However, in cases where secondary containment of
piping is required, under-dispenser containment may be necessary for
secondary containment of the piping near the dispenser. Likewise,
containment above the underground tank may be necessary for secondary
containment of the piping near the underground tank.
When Is Secondary Containment Required?
Secondary containment, including interstitial monitoring, is
required for all new or replaced underground tanks and piping unless a
state determines that the installation is not within 1,000 feet of any
existing community water system or any existing potable drinking water
well. If an existing underground tank is replaced, the secondary
containment and interstitial monitoring requirements apply only to the
replaced underground tank. Likewise, if existing piping is replaced,
the secondary containment and interstitial monitoring requirements
apply only to the replaced piping. States are not required to apply the
requirements in these guidelines to repairs meant to restore an
underground tank, piping, or dispenser to operating condition. Solely
for purposes of determining when secondary containment is required by
these guidelines, a repair is any activity that does not meet the
definition of replace.
Manifolded Underground Tanks: States are not required to apply the
secondary containment requirements to underground tanks that are not
new or replaced in a manifolded underground tank system.
Multiple Piping Runs Connected To A Single Underground Tank: For
underground tanks with multiple piping runs, states are not required to
apply the secondary containment requirements to those piping runs that
are not new or replaced.
Suction Piping And Manifold Piping: States are not required to
apply the secondary containment requirements to suction piping that
meets the requirements at 40 CFR 280.41(b)(2)(i)-(v) or to piping that
manifolds two or more underground tanks together.
New Dispensers And Connected Piping At An Existing Underground
Storage Tank Facility: If a new motor fuel dispenser system is
installed at an existing underground storage tank facility and new
piping is added to the underground storage tank system to connect the
new dispenser to the existing system, then the new dispenser must have
under-dispenser containment and the new piping must meet the
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requirements described in these guidelines. States are not required to
apply the requirements in these guidelines to the existing piping to
which the new piping is connected.
New Underground Storage Tank Facilities: If a new underground
storage tank facility will be installed that is not within 1,000 feet
of any existing community water system or any existing potable drinking
water well and the owner will install a potable drinking water well at
the new facility that is within 1,000 feet of the underground tanks,
piping, or motor fuel dispenser systems as part of the new underground
storage tank facility installation, then secondary containment and
under-dispenser containment are required, regardless of whether the
well is installed before or after the underground tanks, piping, and
motor fuel dispenser systems are installed.
Although not required by these guidelines, states may want to
consider the following when developing secondary containment and under-
dispenser containment requirements for new and replaced underground
tanks and piping and new motor fuel dispenser systems:
Designated source water protection areas,
Water sources such as natural springs and surface waters,
and
Planned locations for new community water systems and new
potable drinking water wells.
EPA encourages state underground storage tank programs to work with
state agencies responsible for drinking water programs and state well
permitting authorities to protect source water and other sensitive
areas.
When Is Under-Dispenser Containment Required?
All new motor fuel dispenser systems must have under-dispenser
containment unless a state determines that the new dispenser is not
located within 1,000 feet of any existing community water system or any
existing potable drinking water well. A motor fuel dispenser system is
considered new when:
A dispenser is installed at a location where there
previously was no dispenser (new underground storage tank system or new
dispenser location at an existing underground storage tank system), or
An existing dispenser is removed and replaced with another
dispenser and the equipment used to connect the dispenser to the
underground storage tank system is replaced. This equipment may include
unburied flexible connectors or risers or other transitional components
that are beneath the dispenser and connect the dispenser to the piping.
Where Must the 1,000 Feet Be Measured From?
To determine if a new or replaced underground tank or piping or new
motor fuel dispenser system is within 1,000 feet of any existing
community water system or any existing potable drinking water well, at
a minimum the distance must be measured from the closest part of the
new or replaced underground tank or piping or new motor fuel dispenser
system to:
The closest part of the nearest existing community water
system, including such components as:
--The location of the wellhead(s) for groundwater and/or the location
of the intake point(s) for surface water;
--Water lines, processing tanks, and water storage tanks; and
--Water distribution/service lines under the control of the community
water system operator.
The wellhead of the nearest existing potable drinking
water well.
How May States Determine When an Underground Tank, Piping, or Motor
Fuel Dispenser System Is Not Within 1,000 Feet of an Existing Community
Water System or Existing Potable Drinking Water Well?
States must have a system in place for determining when new or
replaced underground tanks or piping or new motor fuel dispenser
systems are not within 1,000 feet of any existing community water
system or any existing potable drinking water well. There are various
options states may use for making this determination. The following are
some examples for meeting this requirement.
States may determine, or establish criteria for
determining, when new or replaced underground tanks or piping or new
motor fuel dispenser systems are not within 1,000 feet.
States may designate another entity to determine whether
new or replaced underground tanks or piping or new motor fuel dispenser
systems are not within 1,000 feet.
States may require that owners or operators demonstrate to
the satisfaction of the state that their new or replaced underground
tanks or piping or new motor fuel dispenser systems are not within
1,000 feet.
How Will States Know That Secondary Containment and Under-Dispenser
Containment Are Installed Where Required?
States must have a system in place so they will know that secondary
containment and under-dispenser containment are installed where
required by these guidelines. Such a system could be registration,
notification, record keeping, or another mechanism developed by the
state.
What Enforcement Authority Must States Have for Secondary Containment?
At a minimum, states must have comparable enforcement authorities
for their secondary containment requirements as they have for current
underground storage tank requirements.
How Will States Demonstrate Compliance With These Guidelines?
After February 8, 2007, the effective date of the secondary
containment 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 secondary
containment, 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
secondary containment, 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.
EPA may verify state certifications of compliance through site
visits, record reviews, or audits as authorized by 40 CFR Part 31.
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 certain underground storage
tank requirements of Subtitle I. 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 these STAG grant conditions by utilizing
EPA's grant
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enforcement authorities under 40 CFR Part 31.43, as necessary and
appropriate.
For More Information About the Secondary Containment Grant Guidelines
Visit the EPA Office of Underground Storage Tanks Web site at https://
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. These amendments significantly
affect federal and state underground storage tank programs, will
require major changes to the programs, and are aimed at reducing
underground storage tank releases to our environment.
The amendments focus on preventing releases. Among other things,
they expand eligible uses of the Leaking Underground Storage Tank
(LUST) Trust Fund and include 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: November 15, 2006.
Susan Parker Bodine,
Assistant Administrator, Office of Solid Waste and Emergency Response.
[FR Doc. E6-19749 Filed 11-21-06; 8:45 am]
BILLING CODE 6560-50-P
