Inspection Grant Guidelines for States; Solid Waste Disposal Act, Subtitle I, as Amended by Title XV, Subtitle B of the Energy Policy Act of 2005, 26359-26367 [07-2266]
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Federal Register / Vol. 72, No. 89 / Wednesday, May 9, 2007 / Notices
cleaning products such as detergents,
cleaners, airplane deicers and firefighting foams. Safer surfactants are
those that break down quickly to nonpolluting compounds.
Under SDSI, businesses that have
fully transitioned to safer surfactants, or
(for non-profits, academic institutions,
etc.) can document outstanding efforts
to encourage the use of safer surfactants,
are granted Champion status. At this
level, the participant is invited to the
SDSI Awards ceremony, listed on the
EPA SDSI website as a champion, and
may use a special logo in their literature
to help explain their participation in the
program. Businesses that commit to a
full and timely transition to safer
surfactants, or (for non-profits, academic
institutions, etc.) can document
outstanding efforts to encourage the use
of safer surfactants, are granted Partner
status. This category provides
recognition of significant
accomplishments towards the use of
safer surfactants. Partners will be listed
on the EPA SDSI website and may be
granted recognition as a Champion in
the future if appropriate.
This information collection addresses
reporting activities that support the
administration of the SDSI program.
Responses to this collection of
information are voluntary. Respondents
may claim all or part of a response
confidential. EPA will disclose
information that is covered by a claim
of confidentiality only to the extent
permitted by, and in accordance with,
the procedures in TSCA section 14 and
40 CFR part 2.
Burden statement: The annual public
reporting and recordkeeping burden for
this collection of information is
estimated to average 10 hours per
response. Burden means the total time,
effort, or financial resources expended
by persons to generate, maintain, retain,
or disclose or provide information to or
for a Federal Agency. This includes the
time needed to review instructions;
develop, acquire, install, and utilize
technology and systems for the purposes
of collecting, validating, and verifying
information, processing and
maintaining information, and disclosing
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.
The ICR provides a detailed
explanation of this estimate, which is
only briefly summarized here:
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Estimated total number of potential
respondents: 375.
Frequency of response: On occasion.
Estimated total average number of
responses for each respondent: 1.
Estimated total annual burden hours:
3,750 hours.
Estimated total annual costs:
$182,625. This includes an estimated
burden cost of $182,625 and an
estimated cost of $0 for capital
investment or maintenance and
operational costs.
IV. What is the Next Step in the Process
for this ICR?
EPA will consider the comments
received and amend the ICR as
appropriate. The final ICR package will
then be submitted to OMB for review
and approval pursuant to 5 CFR
1320.12. EPA will issue another Federal
Register notice pursuant to 5 CFR
1320.5(a)(1)(iv) to announce the
submission of the ICR to OMB and the
opportunity to submit additional
comments to OMB. If you have any
questions about this ICR or the approval
process, please contact the technical
person listed under FOR FURTHER
INFORMATION CONTACT.
List of Subjects
Environmental protection, Reporting
and recordkeeping requirements.
Dated: April 30, 2007.
James B. Gulliford,
Assistant Administrator, Office of Prevention,
Pesticides and Toxic Substances.
[FR Doc. E7–8944 Filed 5–8–07; 8:45 am]
BILLING CODE 6560–50–S
ENVIRONMENTAL PROTECTION
AGENCY
[FRL–8310–3]
Inspection 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 April 24, 2007 EPA issued the
inspection grant guidelines and
subsequently made the guidelines
available on EPA’s Web site. In this
notice, EPA is publishing the inspection
grant guidelines in their entirety. EPA
developed the inspection grant
guidelines as required by Sections
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26359
9005(c)(1) and 9005(c)(2) of Subtitle I of
the Solid Waste Disposal Act, as
amended by Section 1523 of the Energy
Policy Act of 2005.
DATES: On April 24, 2007, EPA issued
and subsequently posted the inspection
grant guidelines on EPA’s Web site. EPA
is notifying the public via this notice
that the inspection grant guidelines are
available as of May 9,2007.
ADDRESSES: EPA posted the inspection
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 Inspection Provisions Of The
Energy Policy Act Of 2005 (EPA 510–R–
07–004, April 2007).
FOR FURTHER INFORMATION CONTACT: Tim
R. Smith, EPA’s Office of Underground
Storage Tanks, at smith.timr@epa.gov or
703–603–7158.
SUPPLEMENTARY INFORMATION: 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 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.
Sections 9005(c)(1) and 9005(c)(2) of
Subtitle I of the Solid Waste Disposal
Act, as amended by Section 1523 of the
Energy Policy Act, require states that
receive Subtitle I funding to ensure that
USTs not inspected since December 22,
1998 have an on-site inspection before
August 8, 2007 and subsequently
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undergo an on-site inspection at least
once every three years thereafter. As a
result of that requirement, EPA worked
with states and other stakeholders to
develop inspection grant guidelines. In
November 2006, EPA released a draft of
the inspection grant guidelines. EPA
considered comments and, subsequently
on April 24, 2007, issued the inspection
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
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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 Inspection Provisions
of the Energy Policy Act of 2005
U.S. Environmental Protection Agency;
Office of Underground Storage Tanks;
April 2007
Contents
Overview of the Inspection Grant Guidelines
Why Is EPA Issuing These Guidelines?
What Is In These Guidelines?
When Do These Guidelines Take Effect?
Requirements for On-Site Inspections
Which Underground Storage Tanks Require
An On-Site Inspection?
When Must Underground Storage Tanks Be
Inspected?
What Are the Requirements for the On-Site
Inspection?
Who May Perform the On-Site Inspection?
What Are the Reporting Requirements to
EPA?
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 Inspection
Grant Guidelines
Background About the Energy Policy Act of
2005
Appendices
Appendix A—Short-Term Recommendation
About Inspections To Meet the Energy
Policy Act of 2005 Requirements
(November 17, 2005 Memorandum)
Appendix B—Inspection Requirements of the
Energy Policy Act: Determining Which
Underground Storage Tanks Have
Undergone an Inspection Since
December 22, 1998 (June 8, 2006
Memorandum)
Overview of the Inspection 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 inspection provisions
in Sections 9005(c)(1) and 9005(c)(2) 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 1523 of the Energy Policy Act
amends Section 9005 in Subtitle I of the
Solid Waste Disposal Act to add
requirements for underground storage
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tank (UST) system inspections for states
receiving Subtitle I funding as follows:
1. Uninspected underground storage
tanks—Section 9005(c)(1) requires that
underground storage tanks that have not
been inspected since December 22, 1998
must have an on-site inspection
conducted not later than August 8, 2007
to determine compliance with Subtitle I
and 40 CFR 280 requirements or
requirements or standards of a state
program developed under Section 9004.
2. Periodic inspections—Section
9005(c)(2) requires that, after all
underground storage tanks required by
Section 9005(c)(1) have been inspected,
on-site inspections of each underground
storage tank identified in these
guidelines must be conducted at least
once every three years to determine
compliance with Subtitle I and 40 CFR
280 requirements or requirements or
standards of a state program developed
under Section 9004.
EPA’s Office of Underground Storage
Tanks (OUST) is issuing these grant
guidelines to establish the minimum
requirements states receiving Subtitle I
funding must meet in order to comply
with the inspection provisions of
Subtitle I enacted by the Energy Policy
Act.
What Is in These Guidelines?
These guidelines describe the
minimum requirements a state’s on-site
inspection program must contain under
Section 9005(c) of Subtitle I in order for
a state to comply with statutory
requirements for Subtitle I funding.
These guidelines include: Identification
of which underground storage tanks
require an on-site inspection;
requirements for the on-site inspection;
who can perform the on-site inspection;
and what information needs to be
reported to EPA.
When Do These Guidelines Take Effect?
These guidelines are effective August
8, 2007. Until August 8, 2007, states
may continue to follow the interim
guidance on inspections issued in
OUST’s November 17, 2005 and June 8,
2006 memorandums. See Appendices A
and B for copies.
Requirements for On-Site Inspections
A state receiving Subtitle I funding
must conduct on-site inspections of
each underground storage tank in
accordance with these guidelines.
Which Underground Storage Tanks
Require an On-Site Inspection?
For purposes of these guidelines, the
term ‘‘underground storage tank’’ means
those tanks that satisfy the definition of
underground storage tank in 40 CFR
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280.12, except for those tanks identified
in 40 CFR 280.10(b) and 280.10(c) as
excluded or deferred tanks. These
guidelines apply to underground storage
tanks that have not been permanently
closed or undergone a change in service
in accordance with 40 CFR 280.71 or
requirements or standards of a state
program approved under Section 9004.
An on-site inspection is not required for
underground storage tanks that have
been determined by the state to be
abandoned.
When Must Underground Storage Tanks
Be Inspected?
States must by August 8, 2007
conduct an on-site inspection for each
underground storage tank that has not
been inspected since December 22,
1998.1 After completion of those
inspections, each underground storage
tank must be inspected by August 8,
2010 (EPA has the authority to extend
this date until August 8, 2011 if a state
demonstrates insufficient resources to
conduct inspections) and at least once
every three years thereafter.
What Are the Requirements for the OnSite Inspection?
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The purpose of the on-site inspection
is to determine compliance with
Subtitle I and 40 CFR 280 requirements
or in the case of a state with a program
approved under Section 9004 of Subtitle
I, compliance with the requirements of
that program.
For purposes of these guidelines, an
on-site inspection includes an
inspection conducted at the site of each
underground storage tank, inspection of
associated equipment, and the review of
applicable records. Review of applicable
records and other activities that can be
accomplished off-site may be combined
with activities conducted at the site of
the underground storage tank to fulfill
the on-site inspection requirement. Desk
audits, self-certifications, information
request letters, and any other such
activities are not sufficient by
themselves to fulfill the on-site
inspection requirements. However,
information obtained from such
activities may be used in conjunction
with the on-site inspection to satisfy the
on-site inspection requirement. At a
minimum, an on-site inspection must
assess compliance with the following:
• Notification (failure to notify)
1 On June 8, 2006, OUST issued a memorandum
in order to identify which underground storage
tanks need to have an on-site inspection before
August 8, 2007. See Appendix B for a copy of the
memorandum—Inspection Requirements Of The
Energy Policy Act: Determining Which
Underground Storage Tanks Have Undergone An
Inspection Since December 22, 1998.
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• Corrosion protection
—Tanks and piping have appropriate
corrosion protection
—Documentation available including
testing, inspections, and other records
• Overfill prevention in place and
operational
• Spill prevention in place and
operational
• Tank and piping release detection
—Appropriate method and appropriate
equipment or procedures in place
—Documentation of proper monitoring
and testing
• Reporting suspected releases
• Records of tank and piping repairs
• Secondary containment where
required
• Financial responsibility
• Temporary closure
A state does not need to make a
compliance determination at the time of
the inspection in order for the
inspection to qualify as an on-site
inspection under these grant guidelines.
However, the individual performing the
inspection or the state underground
storage tank implementing agency must
request from the owner or operator all
information needed to make a
compliance determination. EPA
encourages states to make a compliance
determination in a timely manner.
States should generally continue to
conduct enforcement activities as
appropriate to address any
noncompliance with applicable
underground storage tank program
requirements; however, these guidelines
do not address the nature or scope of
such enforcement activities.
Who May Perform the On-Site
Inspection?
An on-site inspection of an
underground storage tank must be
conducted by one of the following:
• EPA inspector.
• A state underground storage tank
implementing agency inspector.
• Other state or local agency
inspector the state underground storage
tank implementing agency has duly
designated, in accordance with state
procedures, to conduct underground
storage tank inspections.
• A contractor EPA or a state
underground storage tank implementing
agency has duly designated to conduct
underground storage tank inspections.
• A private underground storage tank
inspector 2 (private inspector) operating
2 In light of certain practical considerations
relating to the underground storage tank regulated
universe and specific features of Subtitle I grant
funding, EPA believes that it is appropriate, solely
for the purpose of these grant guidelines, to allow
states the option of using a third-party inspection
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under a third-party inspection program
as described below.
Solely for the purposes of these grant
guidelines, a third-party inspection
program is a state program in which a
state-authorized private inspector is
paid by the owner or operator of an
underground storage tank to perform an
on-site inspection. At a minimum, states
choosing to implement a third-party
inspection program must meet the
following requirements:
• Private inspectors must be certified,
licensed, or registered by the state to
perform on-site inspections. At a
minimum, private inspectors must meet
the following requirements:
—Be trained in the state-specific
inspection protocols and procedures,
and perform inspections pursuant to
such protocols and procedures.
—Successfully complete the state’s
required training program. The
training program for private
inspectors must be comparable to the
training program for state inspectors.
• Third-party inspection programs
must require private inspectors to meet
conflict of interest requirements
developed by the state. At a minimum,
private inspectors must not be: The
owner or operator of the underground
storage tank; an employee of the owner
or operator of the underground storage
tank; or a person having daily on-site
responsibility for the operation and
maintenance of the underground storage
tank.
• Third-party inspection programs
must use an inspection report form
developed by the state that covers the
requirements identified in the What Are
The Requirements For The On-Site
Inspection? section of these guidelines.
As previously indicated, not all required
activities have to be conducted at the
site. Review of applicable records and
other activities that can be
accomplished off-site may be combined
with activities conducted at the site to
fulfill the on-site inspection
requirement.
• Private inspectors must complete
and submit the inspection report to the
state underground storage tankimplementing agency in the manner and
time frame established by the state.
States must either require that private
program to meet the on-site inspection requirement.
In particular, Subtitle I requires states, as a
condition of funding, or EPA as appropriate, to
inspect all underground storage tanks every three
years. EPA recognizes that a flexible approach is
necessary in order to assist states in meeting the
three-year inspection requirement given the large
number of underground storage tanks, the varied
distribution of such underground storage tanks from
state to state, and because fulfilling the inspection
requirement is a condition of a state’s Subtitle I
funding.
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inspectors retain inspection related
documentation in a comparable manner
to state inspectors or submit the
documentation to the state. The state
must review each inspection report and
make a compliance determination for
each site.
• Third-party inspection programs
must contain an audit program,
developed by the state, to monitor
private inspectors on a routine basis.
The audit program must include a
sufficient number of on-site inspections
to effectively assess inspector
performance.
• States must retain the capability to
conduct: Audits of inspections
conducted by private inspectors; forcause inspections (e.g., inspections
conducted as a result of a complaint);
and inspections of other underground
storage tank sites that the state
determines warrant an on-site
inspection. The state underground
storage tank agency or another duly
designated state or local agency must
perform a sufficient number of these
inspections so the state retains the
capacity to perform on-site inspections
and maintains the integrity of the thirdparty inspection program.
• If a private inspector fails to
demonstrate to the state adequate
competence and proficiency to perform
underground storage tank inspections,
or the state otherwise determines it is
not appropriate for the private inspector
to conduct on-site inspections as part of
a third-party inspection program, the
state must take appropriate action
against the private inspector.
Appropriate action should generally be
defined by the state in its third-party
inspection program and may include
enforcement mechanisms such as:
Temporary suspension or permanent
revocation of the private inspector’s
certification, license, or registration;
fines, penalties, retraining, and
examination; or any other action the
state deems appropriate to include as an
enforcement mechanism against the
private inspector.
States implementing a third-party
inspection program as of the published
date of these guidelines in the Federal
Register have until August 8, 2010 to
meet the third-party inspection program
requirements described above. States
that implement a third-party inspection
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program after the published date of
these guidelines in the Federal Register
must meet the requirements at the time
the program is implemented.
What Are the Reporting Requirements to
EPA?
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.
Each state that receives Subtitle I
funding must report to EPA the number
of on-site inspections conducted during
the reporting period as part of its
quarterly or semi-annual performance
report.
For More Information About the
Inspection Grant Guidelines
How Will States Demonstrate
Compliance With These Guidelines?
Background About the Energy Policy
Act of 2005
After August 8, 2007, and before
receiving future grant funding, states
must provide one of the following to
EPA:
• For a state that has met the
inspection requirements, the state must
submit a certification indicating that the
state meets the requirements in these
guidelines.
• For a state that has not yet met the
requirements for inspections, the state
must provide a document that describes
the state’s efforts to meet the
requirements. This document must
include:
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 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
—A description of the state’s
activities to date to meet the
requirements in these 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 underground storage tank
compliance activities. EPA will also
condition STAG grants with compliance
with these guidelines. Absent a
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Visit the EPA Office of Underground
Storage Tank’s Web site at
www.epa.gov/oust or call 703–603–
9900.
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Dated: May 2, 2007.
Susan Parker Bodine,
Assistant Administrator, Office of Solid Waste
and Emergency Response.
[FR Doc. 07–2266 Filed 5–8–07; 8:45 am]
BILLING CODE 6560–50–C
ENVIRONMENTAL PROTECTION
AGENCY
[FRL–8310–4]
Grant Guidelines for States Regarding
State Compliance Reports on
Government Underground Storage
Tanks; 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.
sroberts on PROD1PC70 with NOTICES
AGENCY:
SUMMARY: By this notice, the
Environmental Protection Agency
(EPA), Office of Underground Storage
Tanks (OUST) is advising the public
that on April 24, 2007 EPA issued the
grant guidelines for state compliance
reports on government underground
storage tanks (USTs) and subsequently
made the guidelines available on EPA’s
Web site. In this notice, EPA is
publishing the grant guidelines for state
compliance reports on government
USTs in their entirety. EPA developed
the grant guidelines for state compliance
reports on government USTs as required
by Section 9003(j) of Subtitle I of the
Solid Waste Disposal Act, as amended
by Section 1526 of the Energy Policy
Act of 2005.
DATES: On April 24, 2007, EPA issued
and subsequently posted on EPA’s Web
site the grant guidelines for state
compliance reports on government
USTs. EPA is notifying the public via
this notice that the grant guidelines for
state compliance reports on government
USTs are available as of May 9, 2007.
ADDRESSES: EPA posted the grant
guidelines for state compliance reports
on a government USTs 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 requests 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 Provision
Of The Energy Policy Act Of 2005
VerDate Aug<31>2005
18:12 May 08, 2007
Jkt 211001
Requiring States To Report On The
Compliance Of Government
Underground Storage Tanks (EPA 510–
R–07–003, April 2007).
FOR FURTHER INFORMATION CONTACT:
Steven McNeely, EPA’s Office of
Underground Storage Tanks, at
mcneely.steven@epa.gov or 703–603–
7164.
SUPPLEMENTARY INFORMATION: 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 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 guidenlines 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(j) of Subtitle I of the
Solid Waste Disposal Act, as amended
by Section 1526 of the Energy Policy
Act, requires states that receive Subtitle
I funding must report to EPA no later
than August 8, 2007 on the compliance
status of government-owned and
government-operated USTs. As a result
of that requirement, EPA worked with
states and other stakeholders to develop
grant guidelines for state compliance
reports on government USTs. 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.) or
Sections 202 and 205 of the Unfunded
PO 00000
Frm 00035
Fmt 4703
Sfmt 4703
26367
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 Provision of the
Energy Policy Act of 2005 Requiring
States to Report on the Compliance of
Government Underground Storage
Tanks
U.S. Environmental Protection
Agency; Office of Underground Storage
Tanks; April 2007.
Contents
Overview of the Government Underground
Storage Tanks Compliance Report Grant
Guidelines
Why Is EPA Issuing These Guidelines?
When Do These Guidelines Take Effect?
To Whom Do These Guidelines Apply?
Requirements for the Government
Underground Storage Tanks Compliance
Report
What Must A State Compliance Report On
Government Underground Storage Tanks
Include?
E:\FR\FM\09MYN1.SGM
09MYN1
]]>Agencies
[Federal Register Volume 72, Number 89 (Wednesday, May 9, 2007)]
[Notices]
[Pages 26359-26367]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 07-2266]
-----------------------------------------------------------------------
ENVIRONMENTAL PROTECTION AGENCY
[FRL-8310-3]
Inspection 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 April 24, 2007 EPA issued the inspection grant guidelines and
subsequently made the guidelines available on EPA's Web site. In this
notice, EPA is publishing the inspection grant guidelines in their
entirety. EPA developed the inspection grant guidelines as required by
Sections 9005(c)(1) and 9005(c)(2) of Subtitle I of the Solid Waste
Disposal Act, as amended by Section 1523 of the Energy Policy Act of
2005.
DATES: On April 24, 2007, EPA issued and subsequently posted the
inspection grant guidelines on EPA's Web site. EPA is notifying the
public via this notice that the inspection grant guidelines are
available as of May 9,2007.
ADDRESSES: EPA posted the inspection 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 Inspection Provisions Of The Energy Policy Act Of
2005 (EPA 510-R-07-004, April 2007).
FOR FURTHER INFORMATION CONTACT: Tim R. Smith, EPA's Office of
Underground Storage Tanks, at smith.timr@epa.gov or 703-603-7158.
SUPPLEMENTARY INFORMATION: 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 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.
Sections 9005(c)(1) and 9005(c)(2) of Subtitle I of the Solid Waste
Disposal Act, as amended by Section 1523 of the Energy Policy Act,
require states that receive Subtitle I funding to ensure that USTs not
inspected since December 22, 1998 have an on-site inspection before
August 8, 2007 and subsequently
[[Page 26360]]
undergo an on-site inspection at least once every three years
thereafter. As a result of that requirement, EPA worked with states and
other stakeholders to develop inspection grant guidelines. In November
2006, EPA released a draft of the inspection grant guidelines. EPA
considered comments and, subsequently on April 24, 2007, issued the
inspection 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 Inspection Provisions
of the Energy Policy Act of 2005
U.S. Environmental Protection Agency; Office of Underground Storage
Tanks; April 2007
Contents
Overview of the Inspection Grant Guidelines
Why Is EPA Issuing These Guidelines?
What Is In These Guidelines?
When Do These Guidelines Take Effect?
Requirements for On-Site Inspections
Which Underground Storage Tanks Require An On-Site Inspection?
When Must Underground Storage Tanks Be Inspected?
What Are the Requirements for the On-Site Inspection?
Who May Perform the On-Site Inspection?
What Are the Reporting Requirements to EPA?
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 Inspection Grant Guidelines
Background About the Energy Policy Act of 2005
Appendices
Appendix A--Short-Term Recommendation About Inspections To Meet the
Energy Policy Act of 2005 Requirements (November 17, 2005
Memorandum)
Appendix B--Inspection Requirements of the Energy Policy Act:
Determining Which Underground Storage Tanks Have Undergone an
Inspection Since December 22, 1998 (June 8, 2006 Memorandum)
Overview of the Inspection 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
inspection provisions in Sections 9005(c)(1) and 9005(c)(2) 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 1523 of the Energy Policy Act amends Section 9005 in
Subtitle I of the Solid Waste Disposal Act to add requirements for
underground storage tank (UST) system inspections for states receiving
Subtitle I funding as follows:
1. Uninspected underground storage tanks--Section 9005(c)(1)
requires that underground storage tanks that have not been inspected
since December 22, 1998 must have an on-site inspection conducted not
later than August 8, 2007 to determine compliance with Subtitle I and
40 CFR 280 requirements or requirements or standards of a state program
developed under Section 9004.
2. Periodic inspections--Section 9005(c)(2) requires that, after
all underground storage tanks required by Section 9005(c)(1) have been
inspected, on-site inspections of each underground storage tank
identified in these guidelines must be conducted at least once every
three years to determine compliance with Subtitle I and 40 CFR 280
requirements or requirements or standards of a state program developed
under Section 9004.
EPA's Office of Underground Storage Tanks (OUST) is issuing these
grant guidelines to establish the minimum requirements states receiving
Subtitle I funding must meet in order to comply with the inspection
provisions of Subtitle I enacted by the Energy Policy Act.
What Is in These Guidelines?
These guidelines describe the minimum requirements a state's on-
site inspection program must contain under Section 9005(c) of Subtitle
I in order for a state to comply with statutory requirements for
Subtitle I funding. These guidelines include: Identification of which
underground storage tanks require an on-site inspection; requirements
for the on-site inspection; who can perform the on-site inspection; and
what information needs to be reported to EPA.
When Do These Guidelines Take Effect?
These guidelines are effective August 8, 2007. Until August 8,
2007, states may continue to follow the interim guidance on inspections
issued in OUST's November 17, 2005 and June 8, 2006 memorandums. See
Appendices A and B for copies.
Requirements for On-Site Inspections
A state receiving Subtitle I funding must conduct on-site
inspections of each underground storage tank in accordance with these
guidelines.
Which Underground Storage Tanks Require an On-Site Inspection?
For purposes of these guidelines, the term ``underground storage
tank'' means those tanks that satisfy the definition of underground
storage tank in 40 CFR
[[Page 26361]]
280.12, except for those tanks identified in 40 CFR 280.10(b) and
280.10(c) as excluded or deferred tanks. These guidelines apply to
underground storage tanks that have not been permanently closed or
undergone a change in service in accordance with 40 CFR 280.71 or
requirements or standards of a state program approved under Section
9004. An on-site inspection is not required for underground storage
tanks that have been determined by the state to be abandoned.
When Must Underground Storage Tanks Be Inspected?
States must by August 8, 2007 conduct an on-site inspection for
each underground storage tank that has not been inspected since
December 22, 1998.\1\ After completion of those inspections, each
underground storage tank must be inspected by August 8, 2010 (EPA has
the authority to extend this date until August 8, 2011 if a state
demonstrates insufficient resources to conduct inspections) and at
least once every three years thereafter.
---------------------------------------------------------------------------
\1\ On June 8, 2006, OUST issued a memorandum in order to
identify which underground storage tanks need to have an on-site
inspection before August 8, 2007. See Appendix B for a copy of the
memorandum--Inspection Requirements Of The Energy Policy Act:
Determining Which Underground Storage Tanks Have Undergone An
Inspection Since December 22, 1998.
---------------------------------------------------------------------------
What Are the Requirements for the On-Site Inspection?
The purpose of the on-site inspection is to determine compliance
with Subtitle I and 40 CFR 280 requirements or in the case of a state
with a program approved under Section 9004 of Subtitle I, compliance
with the requirements of that program.
For purposes of these guidelines, an on-site inspection includes an
inspection conducted at the site of each underground storage tank,
inspection of associated equipment, and the review of applicable
records. Review of applicable records and other activities that can be
accomplished off-site may be combined with activities conducted at the
site of the underground storage tank to fulfill the on-site inspection
requirement. Desk audits, self-certifications, information request
letters, and any other such activities are not sufficient by themselves
to fulfill the on-site inspection requirements. However, information
obtained from such activities may be used in conjunction with the on-
site inspection to satisfy the on-site inspection requirement. At a
minimum, an on-site inspection must assess compliance with the
following:
Notification (failure to notify)
Corrosion protection
--Tanks and piping have appropriate corrosion protection
--Documentation available including testing, inspections, and other
records
Overfill prevention in place and operational
Spill prevention in place and operational
Tank and piping release detection
--Appropriate method and appropriate equipment or procedures in place
--Documentation of proper monitoring and testing
Reporting suspected releases
Records of tank and piping repairs
Secondary containment where required
Financial responsibility
Temporary closure
A state does not need to make a compliance determination at the
time of the inspection in order for the inspection to qualify as an on-
site inspection under these grant guidelines. However, the individual
performing the inspection or the state underground storage tank
implementing agency must request from the owner or operator all
information needed to make a compliance determination. EPA encourages
states to make a compliance determination in a timely manner. States
should generally continue to conduct enforcement activities as
appropriate to address any noncompliance with applicable underground
storage tank program requirements; however, these guidelines do not
address the nature or scope of such enforcement activities.
Who May Perform the On-Site Inspection?
An on-site inspection of an underground storage tank must be
conducted by one of the following:
EPA inspector.
A state underground storage tank implementing agency
inspector.
Other state or local agency inspector the state
underground storage tank implementing agency has duly designated, in
accordance with state procedures, to conduct underground storage tank
inspections.
A contractor EPA or a state underground storage tank
implementing agency has duly designated to conduct underground storage
tank inspections.
A private underground storage tank inspector \2\ (private
inspector) operating under a third-party inspection program as
described below.
---------------------------------------------------------------------------
\2\ In light of certain practical considerations relating to the
underground storage tank regulated universe and specific features of
Subtitle I grant funding, EPA believes that it is appropriate,
solely for the purpose of these grant guidelines, to allow states
the option of using a third-party inspection program to meet the on-
site inspection requirement. In particular, Subtitle I requires
states, as a condition of funding, or EPA as appropriate, to inspect
all underground storage tanks every three years. EPA recognizes that
a flexible approach is necessary in order to assist states in
meeting the three-year inspection requirement given the large number
of underground storage tanks, the varied distribution of such
underground storage tanks from state to state, and because
fulfilling the inspection requirement is a condition of a state's
Subtitle I funding.
---------------------------------------------------------------------------
Solely for the purposes of these grant guidelines, a third-party
inspection program is a state program in which a state-authorized
private inspector is paid by the owner or operator of an underground
storage tank to perform an on-site inspection. At a minimum, states
choosing to implement a third-party inspection program must meet the
following requirements:
Private inspectors must be certified, licensed, or
registered by the state to perform on-site inspections. At a minimum,
private inspectors must meet the following requirements:
--Be trained in the state-specific inspection protocols and procedures,
and perform inspections pursuant to such protocols and procedures.
--Successfully complete the state's required training program. The
training program for private inspectors must be comparable to the
training program for state inspectors.
Third-party inspection programs must require private
inspectors to meet conflict of interest requirements developed by the
state. At a minimum, private inspectors must not be: The owner or
operator of the underground storage tank; an employee of the owner or
operator of the underground storage tank; or a person having daily on-
site responsibility for the operation and maintenance of the
underground storage tank.
Third-party inspection programs must use an inspection
report form developed by the state that covers the requirements
identified in the What Are The Requirements For The On-Site Inspection?
section of these guidelines. As previously indicated, not all required
activities have to be conducted at the site. Review of applicable
records and other activities that can be accomplished off-site may be
combined with activities conducted at the site to fulfill the on-site
inspection requirement.
Private inspectors must complete and submit the inspection
report to the state underground storage tank-implementing agency in the
manner and time frame established by the state. States must either
require that private
[[Page 26362]]
inspectors retain inspection related documentation in a comparable
manner to state inspectors or submit the documentation to the state.
The state must review each inspection report and make a compliance
determination for each site.
Third-party inspection programs must contain an audit
program, developed by the state, to monitor private inspectors on a
routine basis. The audit program must include a sufficient number of
on-site inspections to effectively assess inspector performance.
States must retain the capability to conduct: Audits of
inspections conducted by private inspectors; for-cause inspections
(e.g., inspections conducted as a result of a complaint); and
inspections of other underground storage tank sites that the state
determines warrant an on-site inspection. The state underground storage
tank agency or another duly designated state or local agency must
perform a sufficient number of these inspections so the state retains
the capacity to perform on-site inspections and maintains the integrity
of the third-party inspection program.
If a private inspector fails to demonstrate to the state
adequate competence and proficiency to perform underground storage tank
inspections, or the state otherwise determines it is not appropriate
for the private inspector to conduct on-site inspections as part of a
third-party inspection program, the state must take appropriate action
against the private inspector. Appropriate action should generally be
defined by the state in its third-party inspection program and may
include enforcement mechanisms such as: Temporary suspension or
permanent revocation of the private inspector's certification, license,
or registration; fines, penalties, retraining, and examination; or any
other action the state deems appropriate to include as an enforcement
mechanism against the private inspector.
States implementing a third-party inspection program as of the
published date of these guidelines in the Federal Register have until
August 8, 2010 to meet the third-party inspection program requirements
described above. States that implement a third-party inspection program
after the published date of these guidelines in the Federal Register
must meet the requirements at the time the program is implemented.
What Are the Reporting Requirements to EPA?
Each state that receives Subtitle I funding must report to EPA the
number of on-site inspections conducted during the reporting period as
part of its quarterly or semi-annual performance report.
How Will States Demonstrate Compliance With These Guidelines?
After August 8, 2007, and before receiving future grant funding,
states must provide one of the following to EPA:
For a state that has met the inspection requirements, the
state must submit a certification indicating that the state meets the
requirements in these guidelines.
For a state that has not yet met the requirements for
inspections, 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 these 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 underground storage tank 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 Inspection Grant Guidelines
Visit the EPA Office of Underground Storage Tank's 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 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
BILLING CODE 6560-50-P
[[Page 26363]]
[GRAPHIC] [TIFF OMITTED] TN09MY07.000
[[Page 26364]]
[GRAPHIC] [TIFF OMITTED] TN09MY07.001
[[Page 26365]]
[GRAPHIC] [TIFF OMITTED] TN09MY07.002
[[Page 26366]]
[GRAPHIC] [TIFF OMITTED] TN09MY07.003
[[Page 26367]]
Dated: May 2, 2007.
Susan Parker Bodine,
Assistant Administrator, Office of Solid Waste and Emergency Response.
[FR Doc. 07-2266 Filed 5-8-07; 8:45 am]
BILLING CODE 6560-50-C
