Public Record Grant Guidelines for States; Solid Waste Disposal Act, Subtitle I, as amended by Title XV, Subtitle B of the Energy Policy Act of 2005, 3997-4003 [E7-1340]
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Federal Register / Vol. 72, No. 18 / Monday, January 29, 2007 / Notices
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Dated: January 24, 2007.
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[FR Doc. E7–1352 Filed 1–26–07; 8:45 am]
BILLING CODE 4000–01–P
DEPARTMENT OF ENERGY
Energy Information Administration
Agency Information Collection
Activities: Submission For OMB
Review; Comment Request
Energy Information
Administration (EIA), Department of
Energy (DOE).
ACTION: Agency Information Collection
Activities: Submission for OMB Review;
Comment Request.
jlentini on PROD1PC65 with NOTICES
AGENCY:
SUMMARY: The EIA has submitted the
FE–746R, ‘‘The Natural Gas Import and
Export Authorization Application and
Monthly Reports,’’ which includes the
elimination of the associated quarterly
reporting requirement, to the Office of
Management and Budget (OMB) for
review and a three-year extension under
section 3507(h)(1) of the Paperwork
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Reduction Act of 1995 (Pub. L. 104–13)
(44 U.S.C. 3501 et seq., at 3507(h)(1)).
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February 28, 2007. If you anticipate that
you will be submitting comments but
find it difficult to do so within that
period, you should contact the OMB
Desk Officer for DOE listed below as
soon as possible.
ADDRESSES: Send comments to Sarah
Garman, OMB Desk Officer for DOE,
Office of Information and Regulatory
Affairs, Office of Management and
Budget. To ensure receipt of the
comments by the due date, submission
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ensure receipt of the comments by the
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1705) or e-mail
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Statistics and Methods Group (EI–70),
Forrestal Building, U.S. Department of
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SUPPLEMENTARY INFORMATION: This
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total annual reporting burden (i.e., the
estimated number of likely respondents
times the proposed frequency of
response per year times the average
hours per response).
1. Forms FE–746R, ‘‘The Natural Gas
Import and Export Authorization
Application and Monthly Reports’’.
2. Department of Energy.
3. OMB Number 1901–0294.
4. Three-year extension.
5. Mandatory.
6. DOE’s Office of Fossil Energy (FE)
is delegated the authority to regulate
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3997
natural gas imports and exports under
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keep the general public informed of
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Please refer to the supporting
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Issued in Washington, DC, January 23,
2007.
Jay H. Casselberry,
Agency Clearance Officer, Statistics and
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[FR Doc. E7–1319 Filed 1–26–07; 8:45 am]
BILLING CODE 6450–01–P
ENVIRONMENTAL PROTECTION
AGENCY
[FRL–8274–1]
Public Record 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
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Federal Register / Vol. 72, No. 18 / Monday, January 29, 2007 / Notices
(EPA), Office of Underground Storage
Tanks (OUST) is advising the public
that on January 22, 2007 EPA issued the
public record grant guidelines and
subsequently made the guidelines
available on EPA’s Web site. In this
notice, EPA is publishing the public
record grant guidelines in their entirety.
EPA developed the public record grant
guidelines as required by Section 9002
of Subtitle I of the Solid Waste Disposal
Act, as amended by Section 1526 of the
Energy Policy Act of 2005.
DATES: On January 22, 2007, EPA issued
and subsequently posted the public
record grant guidelines on EPA’s Web
site. EPA is notifying the public via this
notice that the public record grant
guidelines are available as of January 29,
2007.
ADDRESSES: EPA posted the public
record 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 Public Record Provision of the
Energy Policy Act of 2005 (EPA–510–R–
07–001, January 2007).
FOR FURTHER INFORMATION CONTACT: Paul
Miller, EPA’s Office of Underground
Storage Tanks, at miller.paul@epa.gov
or (703) 603–7165.
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
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UST provisions of the Energy Policy
Act, for their state UST programs.
Section 9002 of Subtitle I of the Solid
Waste Disposal Act, as amended by
Section 1526 of the Energy Policy Act,
requires EPA to require states that
receive Subtitle I funding to maintain,
update, and make available to the public
a record of federally regulated USTs. As
a result of that requirement, EPA
worked with states and other UST
stakeholders to develop draft public
record grant guidelines. In June 2006,
EPA released a draft of the public record
grant guidelines. EPA considered
comments and, subsequently on
January 22, 2007, issued the public
record 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.
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 et seq.) 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.
Section 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. Section 3501 et seq.). The
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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 Public Record
Provision of the Energy Policy Act of
2005
U.S. Environmental Protection Agency;
Office of Underground Storage Tanks;
January 2007.
Contents
Overview of the Public Record Grant
Guidelines
Why Is EPA Issuing These Guidelines?
What Is in These Guidelines?
When Do These Guidelines Take Effect?
Public Record Requirements
What Underground Storage Tanks Do These
Guidelines Apply To?
How Does a State Implement These
Guidelines?
When Must States Develop, Make Available,
and Update The Public Record?
How Must States Make the Public Record
Available?
What Must the Public Record Contain?
Minimum Public Record Content
Number, Sources, and Causes of UST
Releases And Data On Equipment
Failures
How Must States Ensure The Quality Of The
Public Record Data?
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 Public
Record Grant Guidelines
Background About the Energy Policy Act of
2005
Appendices
Appendix A—Sample Public Record—
Summary Information on Underground
Storage Tanks (USTs)
Appendix B—Sample Release Data-Gathering
Form on Underground Storage Tanks
(USTs)
Overview of the Public Record 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 public record
provision in Section 9002(d) of the
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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 (c) of Section 1526 of the
Energy Policy Act amends Section 9002
in Subtitle I of the Solid Waste Disposal
Act to add requirements for states to
maintain, update, and make available to
the public a record of underground
storage tanks (USTs) regulated under
Subtitle I. EPA must require each state
that receives funding under Subtitle I to
meet the public record requirements.
Subsection (d) of Section 9002 in
Subtitle I requires EPA to prescribe the
manner and form of the public record,
and says that, to the maximum extent
practicable, the public record of a state
must include:
• The number, sources, and causes of
underground storage tank releases in the
state.
• The record of compliance by
underground storage tanks in the state
with Subtitle I or a state program
approved under Section 9004 of Subtitle
I.
• Data on the number of underground
storage tank equipment failures in the
state.
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
public record requirements in Section
9002(d).
What Is in These Guidelines?
These guidelines describe the
minimum requirements for public
record that a state’s underground storage
tank program must meet in order for a
state to comply with statutory
requirements for Subtitle I funding.
These guidelines include: developing
and updating the public record; making
the record available to the public;
describing the minimum public record
content; ensuring data quality; and
demonstrating and ensuring compliance
with these guidelines.
When Do These Guidelines Take Effect?
A state must develop a program for
gathering information and begin
gathering data to meet the public record
requirement by October 1, 2007.
Public Record Requirements
What Underground Storage Tanks Do
These Guidelines Apply To?
For purposes of providing the public
information on percent compliance and
numbers of underground storage tanks,
facilities, and inspections, states must,
at a minimum, include underground
storage tanks regulated under Subtitle I
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 underground
storage tanks. Underground storage
tanks used for emergency power
generation [deferred from release
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detection by 280.10(d)] must be
included as part of the public record.
For purposes of providing the public
information on confirmed releases and
sources and causes of releases, states
must, at a minimum, include
underground storage tanks regulated
under Subtitle I that satisfy the
definition of underground storage tank
in 40 CFR 280.12, except for those tanks
identified in 40 CFR 280.10(b) as
excluded underground storage tanks.
Underground storage tanks deferred in
40 CFR 280.10(c) and those used for
emergency power generation [deferred
from release detection by 280.10(d)]
must be included as part of the public
record.
How Does a State Implement These
Guidelines?
A state implements these guidelines
by making a record containing
information consistent with these
guidelines available to the public.
A state may choose to make a record
that contains more comprehensive
information than described in these
guidelines available to the public. For
example, a state may choose to make a
record available to the public that
includes underground storage tanks
regulated by the state but not regulated
under Subtitle I.
When Must States Develop, Make
Available, and Update the Public
Record?
In 2007, state underground storage
tank programs must:
DEADLINES AND REQUIREMENTS IN 2007
Not later than
States must
September 30, 2007 ...........................................
October 1, 2007 ..................................................
Develop a program for gathering information required for the public record.
Begin gathering data to meet the public record requirement.
In 2008 and beyond, state
underground storage tank programs
must:
DEADLINES AND REQUIREMENTS IN 2008 AND BEYOND
States must
September 30, 2008 ...........................................
October 1, 2008 (and beyond) ............................
December 31, 2008 .............................................
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Not later than
Complete first year’s data gathering.
Begin next year’s data gathering.
Make the public record available to the general public.
For consistency with data states submit to EPA, states should make available a public record
that includes data from October 1 through September 30 of each year.
Complete next year’s data gathering.
Update the public record at least annually.
September 30, 2009 (and beyond) .....................
On or before the same day of the next year (for
example, on or before December 31, 2009).
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How Must States Make the Public
Record Available?
EPA believes state underground
storage tank programs should use a
multi-pronged approach to making the
public record available. At a minimum,
states must make the public record
available in electronic format and make
the public record available to those who
request the information but do not have
electronic access. Each state must
develop a Web site that does one of the
following:
• The public record is posted on or
downloadable from the Internet. This
option may be an interactive Web site
that retrieves the information, a Web
site that lists the information, or a file
that is downloadable in electronic
format.
• The Web site describes how to
receive an electronic copy of the public
record (for example via e-mail).
In addition, some people may not
have access to electronic information.
Therefore, states must also make the
public record available to those who
request the information, but do not have
electronic access. Examples of ways to
make the public record available in this
instance include paper copies or a
public reading room.
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What Must the Public Record Contain?
States must provide a public record
that, at a minimum, contains the
summary information described below.
Appendix A contains a sample public
record with summary information. In
addition to summary information, the
public record must also provide the
public with instructions on how to
obtain site-specific underground storage
tank information on compliance and
releases.
Minimum Public Record Content—At
a minimum, the following information
must be included in a state’s public
record.
• Public Record Posted Date—This is
the date the public record document
was made available to the public.
• Total UST Facilities—This is the
total number of underground storage
tank facilities in the state containing one
or more regulated underground storage
tanks that are not permanently closed.
Please note that states may separate
facilities with temporarily-closed
underground storage tanks from total
facilities as long as they provide both
numbers.
• Total USTs—This is the total
number of regulated underground
storage tanks in the state that are not
permanently closed. Please note that
states may separate temporarily-closed
underground storage tanks from total
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underground storage tanks, as long as
they provide both numbers.
• Number Of UST Facilities
Inspected—This is the total number of
underground storage tank facilities in
the state that had an on-site compliance
inspection conducted in accordance
with EPA inspection guidelines
applicable at the time of the inspection,
and conducted between the inspection
period dates described below.
• Inspection Period Dates—These are
the two dates between which the
inspections listed above were
conducted. At a minimum, these dates
must cover the 12 month period for
which the public record data is
gathered.
• Percent Compliance—This is the
percent of underground storage tank
facilities inspected between the
inspection period dates described above
that were in compliance with EPA or
state regulations during the most recent
facility inspection. At a minimum,
compliance means the facility met the
combined performance measure (release
detection and release prevention
compliance) of the significant
operational compliance (SOC)
requirements described in EPA’s
September 30, 2003 memorandum (and
attachments) to EPA regions and States.
This document is available on the
Internet at: https://www.epa.gov/oust/
cmplastc/soc.htm. At a minimum, the
percent compliance must cover the 12
month period for which the public
record data is gathered.
• Compliance Measurement and
Reported UST Universe Statements—
These statements describe:
—The basis for the compliance
determination. For example, the
compliance rate may be based on the
combined performance measure
(release detection and release
prevention compliance) for significant
operational compliance with state or
federal underground storage tank
requirements. If a state is reporting
compliance based on criteria that are
more stringent than the combined
performance measure for significant
operational compliance, the state also
must identify that their compliance
reporting is more stringent and may
list those more stringent
requirements.
—The universe of underground storage
tanks and facilities that the public
record is based on. At a minimum, the
public record must contain
information on underground storage
tanks to which the guidelines apply
(see page 2 for applicability). If a state
provides information to the public
based on deferred underground
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storage tanks or underground storage
tanks that are regulated only by the
state, then the statement must also
provide the public with that
information.
• Release Reporting Period Dates—
These are the two dates between which
the confirmed releases reported in the
public record document occurred. At a
minimum, these dates must cover the 12
month period for which the public
record data is gathered.
• Number Of Confirmed Releases—
This is the number of confirmed
releases that occurred between the
release reporting period dates described
above. The term confirmed release has
the same definition used in the
semiannual activity reports with one
exception—confirmed releases from
hazardous substance underground
storage tank systems must also be
included in the public record. The
confirmed release definition for the
semiannual activity reports is available
on the internet at: https://www.epa.gov/
oust/cat/perfmeas.pdf. Please note that
states may provide petroleum and
hazardous substance confirmed releases
separately as long as they provide both
numbers.
• Number And Percent Of Releases
By Source—This is the number and
percent of releases attributed to each
source where the source of release is
known. See the information in the
Number, Sources, And Causes Of UST
Releases And Data On Equipment
Failures section below for descriptions
of sources.
• Number And Percent Of Causes By
Source—This is the number and percent
of causes attributed to each known
source. See the information in the
Number, Sources, And Causes Of UST
Releases And Data On Equipment
Failures section below for descriptions
of causes.
Number, Sources, And Causes Of UST
Releases And Data On Equipment
Failures—The release source and cause
data that must be included in the public
record are those associated with a
reportable release in 40 CFR Part 280.50
or applicable state regulation. States are
not required to provide information on
releases where the source is not known.
The data on sources and causes of
releases also includes data on
equipment failures, as required by
Section 9002(d)(2)(C) of Subtitle I, by
providing the piece of equipment that
failed (release source) and the reason for
the failure (release cause). The following
contains the minimum list of sources
and causes, including those associated
with equipment failures, and provides a
short description for each:
• Sources
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—Tank—This term means the tank that
stores the product and is part of the
underground storage tank system.
—Piping—This term means the piping
and connectors running from the tank
or submersible turbine pump to the
dispenser or other end-use
equipment. It does not include vent,
vapor recovery, or fill lines.
—Dispenser—This term includes the
dispenser and equipment used to
connect the dispenser to the piping.
For example, a release from a suction
pump or components located above
the shear valve would be considered
a release from the dispenser.
—Submersible Turbine Pump (STP)
Area—This term includes the
submersible turbine pump head
(typically located in the tank sump),
the line leak detector, and the piping
that connects the submersible turbine
pump to the tank.
—Delivery Problem—This term
identifies releases that occurred
during product delivery to the tank.
Typical causes associated with this
source are spills and overfills.
—Other—Use this option when the
release source does not fit into one of
the above categories. For example,
releases from vent lines, vapor
recovery lines, and fill lines would be
included in this category.
• Causes
—Spill—Use this cause when a spill
occurs. For example, spills may occur
when the delivery hose is
disconnected from the fill pipe of the
tank or when the nozzle is removed
from the vehicle at the dispenser.
—Overfill—Use this cause when an
overfill occurs. For example, overfills
may occur from the fill pipe at the
tank or when the nozzle fails to shut
off at the dispenser.
—Physical Or Mechanical Damage
(Phys/Mech Damage)—Use this cause
for all types of physical or mechanical
damage except corrosion as described
below. Some examples of physical or
mechanical damage include: a
puncture of the tank or piping, loose
fittings, broken components, and
components that have changed
dimension (for example, elongation or
swelling).
—Corrosion—Use this cause when a
metal tank, piping, or other
component has a release due to
corrosion (for steel, corrosion takes
the form of rust). This is a specific
type of physical or mechanical
damage.
—Installation Problem—Use this cause
when the problem is determined to
have occurred specifically because the
underground storage tank system was
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not installed properly. Note that these
problems may be difficult to
determine.
—Other—Use this option when the
cause is known but does not fit into
one of the above categories. For
example, accidentally or intentionally
putting regulated substances into a
monitoring well would be included in
this category.
—Unknown—Use this option only
when the cause is not known.
Appendix B contains a sample release
data-gathering form.
underground storage tank requirements
of Subtitle I. EPA anticipates State and
Tribal Assistance Grants (STAG) funds
will be available for inspection and
other UST compliance activities. EPA
will also 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
enforcement authorities under 40 CFR
Part 31.43, as necessary and
appropriate.
How Must States Ensure the Quality of
the Public Record Data?
To the maximum extent practicable,
states must provide accurate and
complete data to the public. States must
use quality assurance practices that will:
Produce data of quality adequate to
meet project objectives; minimize
reporting of inaccurate data; and allow
for timely updates to the data as changes
or corrections occur.
For More Information About the Public
Record Grant Guidelines
How Will States Demonstrate
Compliance With These Guidelines?
After September 30, 2007, the date by
which states must develop a program for
gathering the public record information,
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 public record, 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 public record, 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
PO 00000
Frm 00027
Fmt 4703
Sfmt 4703
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 (titled 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 further
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 required
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.
BILLING CODE 6560–50–P
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4003
Dated: January 22, 2007.
Susan Parker Bodine,
Assistant Administrator, Office of Solid Waste
and Emergency Response.
[FR Doc. E7–1340 Filed 1–26–07; 8:45 am]
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BILLING CODE 6560–50–C
Agencies
[Federal Register Volume 72, Number 18 (Monday, January 29, 2007)]
[Notices]
[Pages 3997-4003]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E7-1340]
=======================================================================
-----------------------------------------------------------------------
ENVIRONMENTAL PROTECTION AGENCY
[FRL-8274-1]
Public Record 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
[[Page 3998]]
(EPA), Office of Underground Storage Tanks (OUST) is advising the
public that on January 22, 2007 EPA issued the public record grant
guidelines and subsequently made the guidelines available on EPA's Web
site. In this notice, EPA is publishing the public record grant
guidelines in their entirety. EPA developed the public record grant
guidelines as required by Section 9002 of Subtitle I of the Solid Waste
Disposal Act, as amended by Section 1526 of the Energy Policy Act of
2005.
DATES: On January 22, 2007, EPA issued and subsequently posted the
public record grant guidelines on EPA's Web site. EPA is notifying the
public via this notice that the public record grant guidelines are
available as of January 29, 2007.
ADDRESSES: EPA posted the public record 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 Public Record Provision of the Energy
Policy Act of 2005 (EPA-510-R-07-001, January 2007).
FOR FURTHER INFORMATION CONTACT: Paul Miller, EPA's Office of
Underground Storage Tanks, at miller.paul@epa.gov or (703) 603-7165.
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 9002 of Subtitle I of the Solid Waste Disposal Act, as
amended by Section 1526 of the Energy Policy Act, requires EPA to
require states that receive Subtitle I funding to maintain, update, and
make available to the public a record of federally regulated USTs. As a
result of that requirement, EPA worked with states and other UST
stakeholders to develop draft public record grant guidelines. In June
2006, EPA released a draft of the public record grant guidelines. EPA
considered comments and, subsequently on January 22, 2007, issued the
public record 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.
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 et
seq.) 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. Section 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. Section 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 Public Record Provision
of the Energy Policy Act of 2005
U.S. Environmental Protection Agency; Office of Underground Storage
Tanks; January 2007.
Contents
Overview of the Public Record Grant Guidelines
Why Is EPA Issuing These Guidelines?
What Is in These Guidelines?
When Do These Guidelines Take Effect?
Public Record Requirements
What Underground Storage Tanks Do These Guidelines Apply To?
How Does a State Implement These Guidelines?
When Must States Develop, Make Available, and Update The Public
Record?
How Must States Make the Public Record Available?
What Must the Public Record Contain?
Minimum Public Record Content
Number, Sources, and Causes of UST Releases And Data On Equipment
Failures
How Must States Ensure The Quality Of The Public Record Data?
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 Public Record Grant Guidelines
Background About the Energy Policy Act of 2005
Appendices
Appendix A--Sample Public Record--Summary Information on Underground
Storage Tanks (USTs)
Appendix B--Sample Release Data-Gathering Form on Underground
Storage Tanks (USTs)
Overview of the Public Record 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 public
record provision in Section 9002(d) of the
[[Page 3999]]
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 (c) of Section 1526 of the Energy Policy Act amends
Section 9002 in Subtitle I of the Solid Waste Disposal Act to add
requirements for states to maintain, update, and make available to the
public a record of underground storage tanks (USTs) regulated under
Subtitle I. EPA must require each state that receives funding under
Subtitle I to meet the public record requirements. Subsection (d) of
Section 9002 in Subtitle I requires EPA to prescribe the manner and
form of the public record, and says that, to the maximum extent
practicable, the public record of a state must include:
The number, sources, and causes of underground storage
tank releases in the state.
The record of compliance by underground storage tanks in
the state with Subtitle I or a state program approved under Section
9004 of Subtitle I.
Data on the number of underground storage tank equipment
failures in the state.
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 public record requirements in Section
9002(d).
What Is in These Guidelines?
These guidelines describe the minimum requirements for public
record that a state's underground storage tank program must meet in
order for a state to comply with statutory requirements for Subtitle I
funding. These guidelines include: developing and updating the public
record; making the record available to the public; describing the
minimum public record content; ensuring data quality; and demonstrating
and ensuring compliance with these guidelines.
When Do These Guidelines Take Effect?
A state must develop a program for gathering information and begin
gathering data to meet the public record requirement by October 1,
2007.
Public Record Requirements
What Underground Storage Tanks Do These Guidelines Apply To?
For purposes of providing the public information on percent
compliance and numbers of underground storage tanks, facilities, and
inspections, states must, at a minimum, include underground storage
tanks regulated under Subtitle I 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
underground storage tanks. Underground storage tanks used for emergency
power generation [deferred from release detection by 280.10(d)] must be
included as part of the public record.
For purposes of providing the public information on confirmed
releases and sources and causes of releases, states must, at a minimum,
include underground storage tanks regulated under Subtitle I that
satisfy the definition of underground storage tank in 40 CFR 280.12,
except for those tanks identified in 40 CFR 280.10(b) as excluded
underground storage tanks. Underground storage tanks deferred in 40 CFR
280.10(c) and those used for emergency power generation [deferred from
release detection by 280.10(d)] must be included as part of the public
record.
How Does a State Implement These Guidelines?
A state implements these guidelines by making a record containing
information consistent with these guidelines available to the public.
A state may choose to make a record that contains more
comprehensive information than described in these guidelines available
to the public. For example, a state may choose to make a record
available to the public that includes underground storage tanks
regulated by the state but not regulated under Subtitle I.
When Must States Develop, Make Available, and Update the Public Record?
In 2007, state underground storage tank programs must:
Deadlines and Requirements in 2007
------------------------------------------------------------------------
Not later than States must
------------------------------------------------------------------------
September 30, 2007................ Develop a program for gathering
information required for the public
record.
October 1, 2007................... Begin gathering data to meet the
public record requirement.
------------------------------------------------------------------------
In 2008 and beyond, state underground storage tank programs must:
Deadlines and Requirements in 2008 and Beyond
------------------------------------------------------------------------
Not later than States must
------------------------------------------------------------------------
September 30, 2008................ Complete first year's data
gathering.
October 1, 2008 (and beyond)...... Begin next year's data gathering.
December 31, 2008................. Make the public record available to
the general public.
For consistency with data states
submit to EPA, states should make
available a public record that
includes data from October 1
through September 30 of each year.
September 30, 2009 (and beyond)... Complete next year's data gathering.
On or before the same day of the Update the public record at least
next year (for example, on or annually.
before December 31, 2009).
------------------------------------------------------------------------
[[Page 4000]]
How Must States Make the Public Record Available?
EPA believes state underground storage tank programs should use a
multi-pronged approach to making the public record available. At a
minimum, states must make the public record available in electronic
format and make the public record available to those who request the
information but do not have electronic access. Each state must develop
a Web site that does one of the following:
The public record is posted on or downloadable from the
Internet. This option may be an interactive Web site that retrieves the
information, a Web site that lists the information, or a file that is
downloadable in electronic format.
The Web site describes how to receive an electronic copy
of the public record (for example via e-mail).
In addition, some people may not have access to electronic
information. Therefore, states must also make the public record
available to those who request the information, but do not have
electronic access. Examples of ways to make the public record available
in this instance include paper copies or a public reading room.
What Must the Public Record Contain?
States must provide a public record that, at a minimum, contains
the summary information described below. Appendix A contains a sample
public record with summary information. In addition to summary
information, the public record must also provide the public with
instructions on how to obtain site-specific underground storage tank
information on compliance and releases.
Minimum Public Record Content--At a minimum, the following
information must be included in a state's public record.
Public Record Posted Date--This is the date the public
record document was made available to the public.
Total UST Facilities--This is the total number of
underground storage tank facilities in the state containing one or more
regulated underground storage tanks that are not permanently closed.
Please note that states may separate facilities with temporarily-closed
underground storage tanks from total facilities as long as they provide
both numbers.
Total USTs--This is the total number of regulated
underground storage tanks in the state that are not permanently closed.
Please note that states may separate temporarily-closed underground
storage tanks from total underground storage tanks, as long as they
provide both numbers.
Number Of UST Facilities Inspected--This is the total
number of underground storage tank facilities in the state that had an
on-site compliance inspection conducted in accordance with EPA
inspection guidelines applicable at the time of the inspection, and
conducted between the inspection period dates described below.
Inspection Period Dates--These are the two dates between
which the inspections listed above were conducted. At a minimum, these
dates must cover the 12 month period for which the public record data
is gathered.
Percent Compliance--This is the percent of underground
storage tank facilities inspected between the inspection period dates
described above that were in compliance with EPA or state regulations
during the most recent facility inspection. At a minimum, compliance
means the facility met the combined performance measure (release
detection and release prevention compliance) of the significant
operational compliance (SOC) requirements described in EPA's September
30, 2003 memorandum (and attachments) to EPA regions and States. This
document is available on the Internet at: https://www.epa.gov/oust/
cmplastc/soc.htm. At a minimum, the percent compliance must cover the
12 month period for which the public record data is gathered.
Compliance Measurement and Reported UST Universe
Statements--These statements describe:
--The basis for the compliance determination. For example, the
compliance rate may be based on the combined performance measure
(release detection and release prevention compliance) for significant
operational compliance with state or federal underground storage tank
requirements. If a state is reporting compliance based on criteria that
are more stringent than the combined performance measure for
significant operational compliance, the state also must identify that
their compliance reporting is more stringent and may list those more
stringent requirements.
--The universe of underground storage tanks and facilities that the
public record is based on. At a minimum, the public record must contain
information on underground storage tanks to which the guidelines apply
(see page 2 for applicability). If a state provides information to the
public based on deferred underground storage tanks or underground
storage tanks that are regulated only by the state, then the statement
must also provide the public with that information.
Release Reporting Period Dates--These are the two dates
between which the confirmed releases reported in the public record
document occurred. At a minimum, these dates must cover the 12 month
period for which the public record data is gathered.
Number Of Confirmed Releases--This is the number of
confirmed releases that occurred between the release reporting period
dates described above. The term confirmed release has the same
definition used in the semiannual activity reports with one exception--
confirmed releases from hazardous substance underground storage tank
systems must also be included in the public record. The confirmed
release definition for the semiannual activity reports is available on
the internet at: https://www.epa.gov/oust/cat/perfmeas.pdf. Please note
that states may provide petroleum and hazardous substance confirmed
releases separately as long as they provide both numbers.
Number And Percent Of Releases By Source--This is the
number and percent of releases attributed to each source where the
source of release is known. See the information in the Number, Sources,
And Causes Of UST Releases And Data On Equipment Failures section below
for descriptions of sources.
Number And Percent Of Causes By Source--This is the number
and percent of causes attributed to each known source. See the
information in the Number, Sources, And Causes Of UST Releases And Data
On Equipment Failures section below for descriptions of causes.
Number, Sources, And Causes Of UST Releases And Data On Equipment
Failures--The release source and cause data that must be included in
the public record are those associated with a reportable release in 40
CFR Part 280.50 or applicable state regulation. States are not required
to provide information on releases where the source is not known. The
data on sources and causes of releases also includes data on equipment
failures, as required by Section 9002(d)(2)(C) of Subtitle I, by
providing the piece of equipment that failed (release source) and the
reason for the failure (release cause). The following contains the
minimum list of sources and causes, including those associated with
equipment failures, and provides a short description for each:
Sources
[[Page 4001]]
--Tank--This term means the tank that stores the product and is part of
the underground storage tank system.
--Piping--This term means the piping and connectors running from the
tank or submersible turbine pump to the dispenser or other end-use
equipment. It does not include vent, vapor recovery, or fill lines.
--Dispenser--This term includes the dispenser and equipment used to
connect the dispenser to the piping. For example, a release from a
suction pump or components located above the shear valve would be
considered a release from the dispenser.
--Submersible Turbine Pump (STP) Area--This term includes the
submersible turbine pump head (typically located in the tank sump), the
line leak detector, and the piping that connects the submersible
turbine pump to the tank.
--Delivery Problem--This term identifies releases that occurred during
product delivery to the tank. Typical causes associated with this
source are spills and overfills.
--Other--Use this option when the release source does not fit into one
of the above categories. For example, releases from vent lines, vapor
recovery lines, and fill lines would be included in this category.
Causes
--Spill--Use this cause when a spill occurs. For example, spills may
occur when the delivery hose is disconnected from the fill pipe of the
tank or when the nozzle is removed from the vehicle at the dispenser.
--Overfill--Use this cause when an overfill occurs. For example,
overfills may occur from the fill pipe at the tank or when the nozzle
fails to shut off at the dispenser.
--Physical Or Mechanical Damage (Phys/Mech Damage)--Use this cause for
all types of physical or mechanical damage except corrosion as
described below. Some examples of physical or mechanical damage
include: a puncture of the tank or piping, loose fittings, broken
components, and components that have changed dimension (for example,
elongation or swelling).
--Corrosion--Use this cause when a metal tank, piping, or other
component has a release due to corrosion (for steel, corrosion takes
the form of rust). This is a specific type of physical or mechanical
damage.
--Installation Problem--Use this cause when the problem is determined
to have occurred specifically because the underground storage tank
system was not installed properly. Note that these problems may be
difficult to determine.
--Other--Use this option when the cause is known but does not fit into
one of the above categories. For example, accidentally or intentionally
putting regulated substances into a monitoring well would be included
in this category.
--Unknown--Use this option only when the cause is not known.
Appendix B contains a sample release data-gathering form.
How Must States Ensure the Quality of the Public Record Data?
To the maximum extent practicable, states must provide accurate and
complete data to the public. States must use quality assurance
practices that will: Produce data of quality adequate to meet project
objectives; minimize reporting of inaccurate data; and allow for timely
updates to the data as changes or corrections occur.
How Will States Demonstrate Compliance With These Guidelines?
After September 30, 2007, the date by which states must develop a
program for gathering the public record information, 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 public
record, 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
public record, 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 for inspection and
other UST compliance activities. EPA will also 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 enforcement authorities under
40 CFR Part 31.43, as necessary and appropriate.
For More Information About the Public Record 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 (titled 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 further
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 required 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.
BILLING CODE 6560-50-P
[[Page 4002]]
[GRAPHIC] [TIFF OMITTED] TN29JA07.020
[[Page 4003]]
[GRAPHIC] [TIFF OMITTED] TN29JA07.021
Dated: January 22, 2007.
Susan Parker Bodine,
Assistant Administrator, Office of Solid Waste and Emergency Response.
[FR Doc. E7-1340 Filed 1-26-07; 8:45 am]
BILLING CODE 6560-50-C